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HomeMy WebLinkAboutR-2007-105 Stephens & Sons Construction, Inc. Contract Correction (re: Police Department Crime Lab remodel)RESOLUTION NO. R-2007-105 A RESOLUTION correcting previously approved Resolution No. 2007-83; and to ratify the City Manager of the City of Yakima's execution of an AIA Construction Contract with Stephens and Sons Construction, Inc., to provide construction services to the City of Yakima Police Department for the remodel of the Yakima Police Department Crime Lab. WHEREAS, public safety is a primary function and responsibility of the City; and WHEREAS, public safety is largely dependent upon the effective investigation and prosecution of criminal activity; and WHEREAS, such investigation can only be fully effective when evidence can be properly processed and tested through up-to-date forensic techniques by technicians using adequate laboratory facilities; and WHEREAS, the existing Yakima Police Department crime lab is of insufficient size and capacity to efficiently accommodate the volume of evidence currently being handled, is too small to allow more than one evidence technician workspace at one time and it lacks the space to accommodate the addition of desirable forensic investigative equipment; and WHEREAS, one hundred thousand dollars ($100;000.00) has previously been budgeted to accomplish the design, project oversight and remodel of space within the police department to provide the facilities necessary to effectively carry out the forensic work required by the Yakima Police Department; and WHEREAS, Stephens and Sons Construction, Inc. was the low bidder for the construction phase of the remodel project and has the expertise and technical skills necessary to perform the work required to remodel the police department for the new Crime Lab and is willing to provide those services to the City in accord with the terms and conditions of the AIA construction contract attached hereto and incorporated herein by this reference; and WHEREAS, the low bid for the project was for one hundred forty thousand dollars ($140,000.00), an amount in excess of the originally budgeted project cost; and WHEREAS, additional funds in the amount of forty thousand dollars ($40,000.00) have been identified to cover most of the shortfall from the originally approved amount; and WHEREAS, the City Council was recently requested to approve a resolution authorizing execution of an architectural contract for the Yakima Police Crime Lab with Wardell Architects, P.S. when the actual contract approval was for the above -referenced (jc)res/Stephens Construction Police Crime Lab 1 contract with Stephens and Sons Construction, Inc., and the City Council wishes to correctly identify the contractor in that regard; and WHEREAS, the City Manager has already executed the attached and incorporated construction contract following the Council's initial approval under Resolution No. 2007-83; and WHEREAS, the City Council deems it to be in the best interest of the City to ratify the execution of the attached AIA Construction Contract with Stephens and Sons Construction, Inc. to provide the construction services specified therein; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached and incorporated "AIA Document A101 -Standard Form of Agreement Between Owner and Contractor" as amended, with Stephens and Sons Construction, Inc. to provide remodel construction work to the Yakima Police Department for the completion of the Yakima Police Department Crime Lab, which was previously executed by the City Manager following approval of Resolution No. 2007-83 on June 19th, 2007, is hereby ratified by the Yakima City Council. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2007. City Clerk (jc)res/Stephens Construction Police Crime Lab 2 Neil McClure, Mayor Pro Tem Init. Document A101' -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twenty-sixth day of June in the year of Two Thousand Seven (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Yakima 129 North 2nd Street Yakima, WA 98901 and the Contractor: (Name, address and other information) Stephens and Sons Construction Inc. 417 South 51st Avenue Yakima, WA 98908-3420 The Project is: (Name and location) City of Yakima Police and Legal Center Crime Lab Renovation 200 South 3rd Street Yakima, WA 98902 The Architect is: (Name, address and other information) Wardell Architects, P.S. 509 West Chestnut Yakima, WA 98902 The Owner and Contractor agree as follows. ADDMONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM —1997. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrbution of this AIA9 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 0924:05 on 06/26/2007 under Order No.1000302330_1 which expires on 5/15/2008, and is not for resale. (3372299291) User Notes: Init 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; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent 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.) 1 (Paragraphs deleted)The commencement date will be fixed in a notice to proceed. § 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 90 calendar days from the date of commencement, (Paragraphs deleted) (Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Paragraphs deleted) For each calendar day after the contracted date fixed for substantial completion of the project, as adjusted by change order, if applicable, that the work remains uncompleted, the Contractor agrees to pay and authorizes the Owner to deduct from any money due, or coming due to the Contractor the sum of $200.00 as liquidated damages, not as a penalty; provided that nothing contained herein shall preclude Owner from recovering actual damages in a greater amount where the same are proven by a preponderance of the evidence. .1 The time between the date established as Substantial Completion and the date fixed as Final Completion shall not exceed 30 calendar days. .2 The right of the Owner to impose liquidated damages is not affected by partial completion, occupancy, or beneficial occupancy. .3 Liquidated damages do not relieve the Contractor from liability for damages due to other breaches. The Contractor, by submitting its bid, assumes responsibility for liquidated damages and believes them to be reasonable. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Forty Thousand Dollars and Zero Cents ($ 140,000.00 ), subject to additions and deductions as provided in the Contract Documents. This sum is the basic Contract Sum of One Hundred Twenty-nine Thousand Three Hundred Ninty Dollars and No Cents ($129,390.00) plus Washington State Sales Tax at 8.2% of Ten Thousand Six Hundred Ten Dollars and No Cents ($10,610.00). AIA Document A101,11— 1997. Copyright C 1915, 1918; 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties,. and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software.at 09:24:05 on 06/26/2007 under Order No.1000302330_1 which expires on 5/15/2008, and is not for resale User Notes: (3372299291) [nit § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) None § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) 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. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the first business day of a month, the Owner shall make payment to the Contractor not later than the 10th 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 forty-five ( 45 ) days after the Architect receives the Application for Payment. § 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 indicate 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 ( 5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .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 ( 5.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A10171, —1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA9 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 09:24:05 on 06/26/2007 under Order No.1000302330_1 which expires on 5/15/2008, and is not for resale. User Notes: (3372299291) Init .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 A201-1997. § 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 Surn, 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 A201-1997 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 A201-1997. § 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.) § 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 A201-1997, 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: Retainage shall be paid when the Contractor has submitted, and the Architect approved, a Certificate of Payment for release of retainage and the Owner has received all materials and certifications as required in Section 00800, Article 9, paragraph 9.10.2 of the Specifications. ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AIA Document A101^1— 1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAa 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 09:24:05 on 06/26/2007 under Order No.1000302330_1 which expires on 5/15/2008, and is not for resale. User Notes: • (3372299291) Inst § 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 rate of interest agreed upon, if any.) One and one-half percent ( 1.50%) monthly (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Robert A. Wardell, AIA, Principal Wardell Architects 509 West Chestnut Yakima, WA 98902 § 7.4 The Contractor's representative is: (Name, address and other information) Ben Stephens, Vice -President Stephens and Sons Construction, Inc. 417 South 51st Avenue Yakima, WA 98908-3420 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: I None ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. I § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 23, 2007 , and are as follows Document See Attachment No. 1 Title Pages § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) I Title of Specifications exhibit: Attachment No. 1 AIA Document A101716— 1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American 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 AIAe 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 09:24:05 on 06/2612007 under Order No.1000302330_1 which expires on 5/1512008, and is not tor resale. (3372299291) User Notes: I(Table deleted) § 8.1.5 The Drawings are as follows, and are dated March 23, 2007 unlessa different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) ITitle of Drawings exhibit: Attachment No. 1 (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Number Date Pages 1 4/52007 3 2 4/92007 1 3 4/16/2007 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997provides 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.) None This Agreement is entered into as of the day and year first written above and is executed in at (east three original copies, of which one is to be delivered to the Contractor, one to the Archit- J r r use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) 1 R. A. Zais, Jr., City Manager (Printed name and title) CITY COW -RAC( NO: c"&V ` -01 y-13 RESOLU):Cih 4i, Ben Stephens, Vice President (Printed name and title) AIA Document A1011" —1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. AU rights reserved. WARNING: This ASA° 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 09:24:05 on 06/26/2007 under Order No.1000302330_1 which expires on 5/15/2008, and is not for resale. User Notes: (3372299291) Yakima Police and Legal Center Crime Lab Renovation Contract Attachment No. 1 June 26, 2007 Part I BIDDING AND GENERAL REQUIREMENTS (Division 0) 00010 Invitation to Bid 00100 Instruction to Bidders 00200 Bid Form Bidders Check List Non -Collusion Declaration Non -Discrimination Provision Bidders Certification Subcontractor Certification 00500 General Contract (AIA A101 Reference) Performance Bond Form Informational Certificate of Insurance 00700 General Conditions (AIA A201 Reference) 00800 Supplementary General Conditions Certificate of Compliance Form PART II CONTRACT REQUIREMENTS and TECHNICAL SPECIFICATIONS Division 1: Contract Requirements 01010 Summary of the Work 01030 Alternates 01200 Progress Meetings 01300 Submittals 01311 Prevailing Wages 01500 Temporary Facilities 01631 Product Substitutions 01731 Cutting and Patching 01770 Cleanup and Project Closeout Division 2: Sitework 02070 Selective Demolition Division 3: Concrete 03300 Cast in Place Concrete Division 4: No Work Division 5: Metals 05500 Metal Fabrications Division 6: Wood and Plastic 06200 Finish Carpentry and Casework Yakima Police and Legal Center Crime Lab Renovation Contract Attachment No. 1 June 26, 2007 Division 7: Thermal and Moisture Protection 07270 Fire Stopping 07920 Joint Sealants Division 8: Doors and Windows 08331 Overhead Coiling Doors Division 9: Finishes 09255 Gypsum Wallboard Assemblies 09511 Acoustical Panel Ceilings 09650 Resilient Base 09900 Painting Division 10: Specialties 10800 Toilet Accessories Division 11: Equipment 11450 Residential Appliances Division 12 —14: No Work Division 15: Mechanical 15000 Mechanical, General Division 16: Electrical 16010 General Provisions 16100 Basic Materials and Methods 16900 Low Voltage (Data) Wiring PART III SCHEDULES AND DETAILS Materials List Room Finish Schedule Architectural Details Prevailing Wages DRAWINGS (Bound Separately) A-201 Floor Plan A-202 Reflected Ceiling Plan M0.1 Legends and Schedules M0.2 Schedules and Details M2.1 Plumbing Plan 2 Yakima Police and Legal Center Crime Lab Renovation Contract Attachment No. 1 June 26, 2007 M3.1 HVAC Plan M3.2 Roof Plan E-101 Symbols List E-102 One -line Diagram, Load Summary E-103 Schedules E-201 Floor Plan - Overall E-202 Floor Plan - Demolition E-203 Partial Floor Plan - Lighting E-204 Partial Floor Plan - Power/systems 3 BUSINESS. OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting Of July 17, 2007 ITEM TITLE: Consideration of a Resolution correcting the action taken by Council on June 19, 2007 in Resolution 2007-83, and ratifying the City Manager's execution of a construction contract for remodel work associated with the Yakima Police Department Crime Lab. SUBMITTED BY: Jeff Cutter, Senior Assistant City Attomey CONTACT PERSON/TELEPHONE: Jeff Cutter -575-6030 SUMMARY EXPLANATION: Resolution 2007-83 was submitted for City Council consideration incorrectly stating that the contract being authorized was for Crime Lab professional services contract with Wardell Architects, P.S. In fact, the resolution should have been to authorize the low -bid contract with Stephens and Sons Construction, Inc., which was subsequently executed by the City Manager as the document associated with Resolution 2007-83. The action requested with this resolution is to recognize that the resolution approved by Council on June 19, 2007 was for the purpose of executing the low bid contract award with Stephens and Sons, and to ratify the City Manager's execution of that construction contract for the remodel work necessary for the police crime lab. The bid came in higher than originally estimated because of the costs associated with the ventilation equipment necessary to meet the specifications for safely handling hazardous fumes released during laboratory operations, however, other savings in projects identified in the Law and Justice Capital Budget are available to complete this important upgrade. Resolution X Ordinance Contract X Other(Specify) Contract Mail to (name and address): Stephens and Sons Construction Inc., 417 S. 51st Avenue, Yakima, WA 98908 Phone: 457-6426 Funding Source Law and Justice Capital Fund APPROVED FOR SUBMITTAL: \` Manager STAFF RECOMMENDATION: It is recommended that Council approve the ratification BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLtffION R-2007-105