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HomeMy WebLinkAboutTailisman Construction Services / Wardell Architects - City Hall 3rd & 4th Floor Demolition ORIc ,& AL- CLtQK5 114 - - elezAIA S � ®ocu ment A101 TM - 2001 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum • AGREEM ENT made as of the 17th day of June in the year Two Thousand Ten (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, WA 98901 • 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 and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Tailisman Construction Services, Inc. deleted from the original AIA text. P.O. Box 6189 This document has important legal Spokane, WA 99217 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A201 TM -2007, • (Name, location and detailed description) General Conditions of the Contract • for Construction, is adopted in this City of Yakima City Hall 3rd & 4th Fl6or Renovations • document by reference. Do not use 129 North 2nd Street with other general conditions unless Yakima, WA 98901 this document is modified. Removal of non - bearing walls, fixtures, and other items on the 3rd and 4th floors of City Hall. Removal and abatement of asbestos and other hazardous materials. Installation of new windows on these two floors. . • The Architect: (Name, legal status, address and other information) Wardell Architects, P.S. 509 West Chestnut Yakima, WA 98902 The Owner and Contractor agree as follows. • AIA Document Al 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA 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 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) • . • TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS • 6 DISPUTE RESOLUTION 7 • TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS • 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed • in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. • ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date will be fixed in a Notice to Proceed. § 3.2 The Contract Time shall be measured from the date of commencement. I § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty ( 120 ) calendar days from the date of commencement, • I subject to adjustments of this Contract Time as provided in the Contract Documents. 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AlA 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 byAlA software at 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) (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.) 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 $250.00 as liquidated damages, not as a penalty; provided that nothing contained herein shall preclude Owner from recovering actual damages in a greater amount where the same are proven by a preponderance of the evidence. .1 The time between the date established as Substantial Completion and the date fixed as Final Completion shall not exceed 30 calendar days. .2 The right of the Owner to impose liquidated damages is not affected by partial completion, occupancy, or beneficial occupancy. .3 Liquidated damages do not relieve the Contractor from liability for damages due to other breaches. The Contractor, by submitting its bid, assumes responsibility for liquidated damages and believes them to be reasonable. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four Hundred Seventy Six Thousand Six Hundred Twenty -nine and 66 /100 ($ 476,629.66 ), subject to additions and deductions as provided in the Contract Documents. This sum is the basic Contract Sum of_Four Hundred Forty Thousand Five Hundred Eight Dollars and No Cents ($440,508.00) plus Washington State Sales Tax at 8.2% of Thirty-six thousand One Hundred Twenty -one Dollars and Sixty -six Cents (36,121.66). § 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.) Alternate No. 1 (Replace Windows) Alternate No. 2 (Additional Abatement Work) § 4.3 Unit prices, if any: . (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) I N/A § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price 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. • AIA Document A101" — 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software'at 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires • on 04/12/2011, and is not for resale. User Notes: (1683374419) § 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 of the certified amount to the Contractor not later than the last business day of that 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. • (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, 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 offthe site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and • .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, • any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, .if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N /A. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when • 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 4 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 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) .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. § 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 00700, General Conditions, Article 9, paragraph 9.10.2 of the Specifications. 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. I (Paragraphs deleted) § 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.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction [, ] 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 ALA 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. One and One Half % 1.5% per month § 8.3 The Owner's representative: (Name, address and other information) Robert A. Wardell, AIA Wardell Architects, P.S 509 West Chestnut Av Yakima, WA 98902 • AIA Document MN"' — 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AlA 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 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) • • • • § 8.4 The Contractor's representative: (Name, address and other information) Jessant T. Spencer _Tailisman Construction Services, Inc. PO Box 6189 • • Spokane, WA 99217 • • . § 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: • I None 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 Pages None § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) I See Attachment "A" • Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Attachment "A" • • Number Title ' Date § 9.1.6 The Addenda, if any: Number Date Pages 1 • 5/26/2010 6 2 6/3/2010 10 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. • 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 AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AlA 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 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) • • • § 9.1.7 Additional documents, if any, forming part of the Contract Documents: (Paragraphs deleted) • None • ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. _1 (Row deleted) . • This Agreement entered into as of the day and year first written above. ! 7 WNER (Si .,ta�� / C RACTOR (Signature) R.A. Zais, Jr City Manager . Jessant T. Spencer Preside > nfinliq (Printed name and title) (Printed name and titl������.OV (',,1,OgI q , oto • ill SEAL' = G = SZI Nk 1997 4 • ' y am / / 4ir 0111111110 � • • • • • • • 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 7 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 15:33:51 on 06/17/2010 under Order No.0298942541_1 which expires on 04/12/2011, and is not for resale. User Notes: (1683374419) Yakima City Hall 3 & 4 Floor Renovations p. 1 Contract Attachment "A" 6/17/10 • PART I BIDDING AND GENERAL REQUIREMENTS (Division 0) 00010 Invitation to Bid 00100 Instruction to Bidders 00200 Bid Form 00500 General Contract (AIA A101) Performance Bond Form Informational Certificate of Insurance 00700 General Conditions (AIA A201) PART II CONTRACT REQUIREMENTS and TECHNICAL SPECIFICATIONS Division 1: Contract Requirements • 01010 Summary of the Work • 01030 Alternates 01045 Cutting and Patching 01200 Project Meetings 01300 Submittals 01310 American Recovery and Reinvestment Act of 2008 01311 Washington State Prevailing Wage Rates and Federal Davis -Bacon Wages 01500 Temporary Facilities 01631 Products and Substitutions 01700 Cleanup and Project Closeout Division 2: Sitework 02070 Selective Demolition 02080 Asbestos Abatement 02081 Lead Containing Materials 02082 Lighting and Electrical Component Abatement Division 3 - 7: No Work Division 8: Doors and Windows 08410 Aluminum Windows 08800 Glass and Glazing Division 9 -16: No Work PART III SCHEDULES AND DETAILS Architectural Details General Structural Notes Letter and Details regarding Fire Escape Repairs Yakima City Hall 3rd & 4 Floor Renovations • p. 2 Contract Attachment "A" 6/17/10 PART IV DRAWINGS (Bound Separately) A201 3rd Floor Demolition Plan A202 4 Floor Demolition Plan MD201 Existing 3 and 4 Floor Ventilation /Plumbing and Heating Plans MD202 Existing Mechanical /Penthouse Plans and Sections • • • • Yakima City Hall 3rd 4th Floor Renovations BID TABULATION June 8, 2010, 2:00 p,m Huylar Construction Stephens and Sons Talisman Construction Architect's Construction Services Estimate Bid Bond 6� qe ' Addendum 1 -2 VO i % I Basic Bid +WSST ? •' 4 0124' $300,000.00 p -516- Alternate No. 1 +WSST !' / 0 Alternate No. 2 + WSST �® 77� 0 3 7d 6-1 y ., a „4 �pp{T � W A: . Li. DI , -,,; . ., . I , ARCHITECTS t •. L U / O •-s' ° S .6 4 - - - : -- : • - ( Arch; -� c • 1 , Supplemental Agreement - ; , • _, .. ( SCE U.J. C s+nu {- Number • 1 Yaki a, WA 9890}, — 3 Phone: 09) 575 - 6990 Project Number Execution Date 1783 6/15/2010 Project Title Completion Date City Hall Remodel — 3 and 4th Floor Renovation N/A New Maximum Amount Payable $ 21,000 Description of Work Provide project construction plans and specifications, and construction administration for the demolition of the third and fourth floors of City Hall The City of Yakima desires to supplement the agreement entered into with Wardell Architects and executed on November 5, 2009. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: The SCOPE OF WORK is hereby changed to read: The scope of work has been increased to include additional drawings, specifications and construction administration activities not included in the original scope of work, as detailed in Wardell's letter. • The TERM of the contract is amended as follows: The completion date for this work has not changed. The CONSIDERATION of this contract shall be amended as follows: The maximum payment amount shall be increased by $7,000 to a total of $21,000. as set forth in the attached Exhibit A, and by the reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate space below and return to the Engineering Division. By: Lois s A sell AIA By: . Richard A. Zais, Jr. Alp . s ultant Signature Approving ATithor Signature . (1,/ Da e