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R-2015-018 YPAL Facility Improvement Agreement with Washington Fruit and Produce Company
A RESOLUTION RESOLUTION NO. R-2015-018 approving, ratifying and authorizing the City manager's execution of an agreement between the City of Yakima and Washington Fruit and Produce Company for improvement of Yakima Police Athletic League (YPAL) facility WHEREAS, the City of Yakima (City) owns and operates the Yakima Police Athletic League (YPAL) facility in accordance with applicable Federal, State and Local regulations; and WHEREAS, Washington Fruit has previously agreed to contribute and pay the City the sum up to $250,000 from funds authorized by its board toward the costs of design and construction improvements, which "Agreement between the City of Yakima and Washington Fruit & Produce Co for Development and Improvement of the Yakima Police Athletic League Facility" is dated and effective February 10, 2014 and is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, pursuant to such agreement, the City has agreed to contribute and pay the sum up to $250,000 toward the costs of design and construction improvements; and WHEREAS, such funds together shall be paid to the City in annual installments of $50,000 commencing on or before January 15, 2014, and on or before January 15 of each succeeding year, with the last payment payable on or before January 15, 2018, and WHEREAS as a condition of the donation of funds for improvement of the YPAL building by Washington Fruit, herein, Washington Fruit is granted the right to name the improved and renovated facility, subject to final acceptance and approval of the City Council, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The "Agreement between the City of Yakima and Washington Fruit & Produce Co. for Development and Improvement of the Yakima Police Athletic League Facility" attached hereto and incorporated as Exhibit "A," is hereby approved and ratified as and from the date of execution of such agreement. Section 2. The City Manager's execution and administration of the Agreement described in Section 1 above is hereby authorized and ratified as and from the date of execution thereof; now, therefore, ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2015. ATTEST: cIa.i1110.,Q_LVA Sonya Claar)Tee, City Clerk Micah Caydley, Mayor Document A101' o 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 25`h day of November in the year Two Thousand Fourteen (Jn words, indicate clay, month and yem:) BETWEEN the Owner: (Nance, legal status, address and other information) City ofYakinta 129 North 2nd Street Yakima, WA 98901 and the Contractor: (Name, legal stains, address and other information) Stephens and Sons Construction, inc. 417 S. 51" Avenue Yakima, WA 98908-3420 for the following Project: (Name, location and detailed description) Yakima Police Athletic League Building Renovation — Phase i 602 North 4's Street Yakima, \VA 98901 Window replacement, siding replacement and exterior painting. The Architect: (Name, legal status, address and other information) Wardell Architects, P.S. 4213 Port Stanley Road Lopez island, WA 98261 The Owner and Contractor agree as follows. ADDITIONS 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 attorney is encouraged with respect to its completion or modification. AIA Document A201 T"•'-2007, 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. AIA Document A101'"' — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 1967. 1974, 1977, 1987. 1991, 1997 and 2007 try The American Init. Institute of Architects. All rights reserved. WARNING: This AIAvi' 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 bo prosecuted to rho maximum extent possible under the law. This document was produced by AIA software 0111:30:29 on 11/25/2014 under Order No.0773162268_1 which expires on 06/26/2015, and is not for resale. User Notes: (858813004) Init. 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 Nlodifications issued after execution of this Agreement, all of which form the Contract, and are as fiilly 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 o(commencentent if it c1 f%rs front the date of this Agreement or, if applicable, state that the date will be fixed in 0 notice to proceed.) Date will be fixed in a Notice to Proceed. § 3.2 The Contract Tiinc shall be measured from the date of conlmencenient. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninty ( 90 ) calendar days from the date of commencement, (Paragraphs deleted) subject to adjustments of this Contract Time as provided in the Contract Documents. However, adverse weather conditions shall be grounds for Contract Time extension. (insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time o7 fit. bonus prn'vfenls.fur early completion of the (Mork) AIA Document A101'" — 2007. Copyright 8 1915, 1918, 1925, 1937. 1951, 1958. 1961, 1963. 1967, 1974, 1977. 1987. 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA3 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, may result In severe civll and criminal penalties, and will be prosecuted to the maximum ortentpossiblo under the law. This document was produced by AIA sofware at 11:30:29 on 11/25/2014 under Order No.0773162268_1 which expires on 06/26/2015, and is not for resale. User Notes: (858813004) Init. For each calendar day after the contracted date fixed for substantial completion of the project, as adjusted by change order, if applicable, that the Nvork remains uncompleted, the Contractor agrees to pay and authorizes the Owner to deduct from any money due, or coming due to the Contractor the suns of $250 00 as liquidated damages, not as a penalty; provided that nothing contained herein shall preclude Owner from recovering actual damages in a greater amount where the same are proven by a preponderance of the evidence. .1 The time between the date established as Substantial Completion and the date fixed as Final Completion shall not exceed 30 calendar days. .2 The right of the Owner to impose liquidated damages is not affected by partial completion, occupancy, or beneficial occupancy. .3 Liquidated damages do not relieve the Contractor from liability for damages due to other breaches. The Contractor, by submitting its bid, assumes responsibility for liquidated damages and believes them to be reasonable. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sunt in current finds for the Contractor's performance of the Contract The Contract Sunt shall be One Hundred Twenty Four Thousand, Nine t-Iundred Seventy One and no/00 Dollars ($ 124,971.00 ), subject to additions and deductions as provided in the Contract Documents. 'dais sum is the basic Contract Sunt of One Hundred Fif(een 'thousand Five Hundred and no/00 Dollars ($115,500.00) plus Washington State Sales Tax at 8.2% of Nine Thousand Four Hundred Seventy One and no/00 Dollars (59,471.00). § 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 nunbers or other identification of accepted alternates. Ifdle 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 drat amount expires.) § 4.3 Unit prices, if any: (ldentih' 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) N/A § 4.4 Allowances included in the Contract Sum, if any: (ldentily allowance and .tate exclusions, if any, f •on the allowance price.) Item N/A Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall slake 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 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 tine.) AIA Document A101'" — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951. 1958. 1961. 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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, orany 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 11:30:29 on 11/25/2014 under Order No.0773162268_1 which expires on 06/26/2015, and is not for resale. User Notes: (858813004) Init. § 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 Contact Sunt 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 ( %). 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 Ali\ Document A201T"-2007, General Conditions of the Contract for Construction; .2 Add that portion ofthe Contract Sunt 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 live 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 ofthe Work, a sunt sufficient to increase the total payments to the ail( amount ofthe Contract Sunt, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsealed claims; and (Section 9.8.5 01 /11/1 Docwnern X1201-2007 requires release o/ applicable retainage upon Substantial Completion of Work with conseru of surety, ifany.) .2 Add, if final completion of the Work is thereatler 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: (f it is intended, prior to Substantial Completion of the entire iVork, 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 elseu'/rer a in the Contract Documents, insert here provisions fir such reduction or limitation) NIA § 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 Stmt, shall be made by the Owner to the Contractor when .1 the Contractor has fully perforated 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: AIA Document A101"-1— 2007. Copyright 1 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977. 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAl Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution Otitis AIA5 Document, or any portion of It, may result in severe civil and criminal penalties, and will bo prosecuted to the maximum extent possible under rile law. This document was produced by AIA software at 11:30:29 on 11/25/2014 under Order No.0773162268_1 which expires on 06/26/2015, and is not for resale. User Notes: (858813004) Retainage shall be paid when the Contractor has submitted, and the Architect approved, a Certificate of Pa}nment for release of retainage and the Owner has received all materials and certifications as required in Section 00700, General Conditions, Article 9, ikaragraph 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 r\201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as initial Decision Maker. (Paragraphs deleted) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 ofAlA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate bor. !f the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to 0 binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court al -competent jurisdiction.) [ J Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ) Litigation in a court of competent jurisdiction [ ] Other (Specifj) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 'flee Contract may be terminated by the Owner or the Contactor 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 AMA 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 it formation) Robert A. Wardell, AIA Wardell Architects, P.S 4213 Port Stanley Road Lopez Island, WA 98261 § 8.4 The Contractor's representative: (Name, address and other itfornation) Benjamin Stephens Stephens and Sons Construction, Inc. AIA Document A101., — 2007. Copyright O 1915, 1918, 1925, 1937, 1951. 1958. 1961, 1963. 1967. 1974. 1977, 1987. 1991, 1997 and 2007 by The American Init. Institute of Architects. AH rights reserved. WARNING: This AIA9 Document Is protected by U.S.'Copyright Law and International Treaties. Unauthorized reproduction or distributlonrof this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will bo prosecuted to 1 the maximum (Mont possible under the law. This document was produced by AIA soft`,are 0111.30:29 on 11/25/2014 under Order No.0773162268_1 which expires on 06126/2015, and is not for resale. User Notes: (858813004) Init. 417 S. 51" Avenue Yakima, \VA 98908-3420 § 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: 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 A10I-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2111e 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 None Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement ) See Attachment "A" Section Title Date Pages § 9.1,5 The Drawings: (Either lis! the Drawings here or refer 10 an exhibit attached to this Agreemen! See Attachment "A" Number § 9.1.6 The Addenda, if any: Title Date Number Date Pages I 10/27/2014 1 2 11/7/2014 1 3 11/10/2014 1 4 11/11/2014 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: (Paragraphs deleted) None AIA Document A101 TT' — 2007. Copyright ©1915, 1918. 1925. 1937. 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 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 11:30:29 on 11/25/2014 under Order No.0773162268_1 which expires en 06/26/2015, and is not for resale. User Notes: (858813004) Init. 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. (Row deleted) This ”reement entere into : of the day and year first written above. Tony O'Ro.ity Manager (Pruned twine and title) .ONTitiCT RFSN. Ti0NNp 4tst2: 005, (o TRACTOR (Signature) Benjamin Stephens President (Printed name and title) /44,0.2„, AIA Document A101" — 2007. Copyright er 1915, 1918, 1925. 1937, 1951. 1958, 1961. 1963, 1967, 1974. 1977. 1987, 1991 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproductionior 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 a1 11:30:29 on 11/25(2014 under Order No.0773162268_1 which expires on 06/26/2015, and is not for resale. User Notes: (858813004) Yakima Police Athletic League Building Renovations — Phase 1 Contract Attachment "A" November 25, 2014 PROJECT MANUAL INDEX 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 Draft General Contract (AIA A101 Reference) 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 01045 Cutting and Patching 01200 Project Meetings 01300 Submittals 01311 Prevailing Wage 01500 Temporary Facilities 01631 Products and Substitutions 01700 Cleanup and Project Closeout Division 2: Sitework 02070 Selective Demolition Division 3 - 5 No Work Division 6: Wood and Plastics 06100 Rough and Finish Carpentry Division 7: Thermal and Moisture Protection 07620 Sheet Metal Flashing and Trim 07920 Joint Sealants Division 8: Doors and Windows 08560 Vinyl Windows 1052.27 p. 1 Index Yakima Police Athletic League Building Renovations — Phase 1 Contract Attachment "A" November 25, 2014 Division 9: Finishes 09900 Painting Division 10-16: No Work PART III SCHEDULES AND DETAILS Original Window Details Materials List Exterior Finish Schedule and Drawing PART IV DRAWINGS (Bound Separately) A101 Vicinity Plan, Floor and Roof Plans, Code Notes, Index A201 East and South Elevations A202 West and North Elevations A203 Elevation of Walls at Roof, Details p. 2 1052.27 Index ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.H. For Meeting of: February 03, 2015 Resolution ratifying an agreement with Washington Fruit & Produce Company for development and improvement of the Yakima Police Athletic League Facility (YPAL Building) Joe Caruso, Code Administration Manager (509) 575-6257 Randy Pitney, Building Superintendent SUMMARY EXPLANATION: The 2014 Strategic Plan included an update to the Yakima Police Athletic League facility at Miller Park as part of the City's Partnership Development. The YPAL facility is currently known as Washington Fruit Community Center. Washington Fruit & Produce Company desires to contribute up to $250,000, payable at the rate of $50,000 per year commencing January 1, 2014 for improvements and renovations. The City matching commitment pursuant to the Agreement is up to $250,000 payable at the rate of $50,000 per year, for a total commitment of $500,000 toward completion of the project. The City and Washington Fruit & Produce Company had executed the agreement on February 10, 2014. The attached Resolution approves and ratifies the agreement as and from such date. Resolution: X Ordinance: Other (Specify): Contract X Contract Term: 5 years Start Date: January 1, 2014 End Date: January 15, 2018 Item Budgeted: Yes Amount: $250,000 Funding Source/Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Washington Fruit & Produce Company c/o Roderick Plath, President/Chairman, P.O. Box 1588, Yakima, WA 98907 Phone: APPROVED FOR SUBMITTAL: Ant City Manager RECOMMENDATION: Approve the Resolution to authorize this agreement. ATTACHMENTS: Description Upload Date Type D Resolution -WA Fruit & Produce V2212015 Resolution ❑ E>thibit A -Contract WA Fruit 102212015 Exhibit AGREEMENT BETWEEN THE CITY OF YAKIMA AND WASHINGTON FRUIT & PRODUCE CO. FOR DEVELOPMENT AND IMPROVEMENT OF THE YAKIMA POLICE ATHLETIC LEAGUE FACILITY THIS AGREEMENT is entered into by and between the City of Yakima and Washington Fruit & Produce Company for the development and improvement of the Yakima Police Athletic League facility located adjacent to Miller Park, as set forth below. I. RECITALS A. City of Yakima (hereafter called "City") is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. Washington Fruit & Product Co. (hereafter called "Washington Fruit") is a corporation duly formed and existing under the laws of the State of Washington with corporate offices located at 401 North 1st Avenue, Yakima, Washington 98902, and mailing address of P.O. Box 1588, Yakima, Washington 98907. C. City is the owner of a building and facilities known as the Yakima Police Athletic League Building ("YPAL Building") located on a parcel of land 12,340 square feet in area, commonly known as 602 North 4th Street, Yakima, Washington, adjacent to Miller Park, a public park. The legal description of the parcel containing the YPAL Building is: City of ,Yakima: Lot 1, Block 64, also one-half of vacated "F" Street accruing thereto. Situate in City of Yakima, Yakima County, State of Washington Yakima County Assessor's Parcel No. 191318-32479 D. The Yakima Police Athletic League ("YPAL") is a nonprofit corporation duly formed and existing under the laws of the State of Washington to provide alternative recreational, educational and athletic activities under the supervision of police officers and community volunteers. YPAL conducts such activities within the YPAL Building and property, and is funded by community donations, grants and fundraisers conducted throughout the year. E. The YPAL Building is 10,472 square feet in area, and was constructed in 1975. The YPAL Building is in need of renovation, including but not limited to, replacement of windows and siding, renovation of classroom/conference rooms, construction of new restrooms, remodeling of offices, reception area and cafe, and renovation of assembly areas and hallways. 1 F. Washington Fruit desires to contribute up to $250,000, payable at the rate of $50,000 per year commencing January 1, 2014, for construction of certain designated improvements and renovations described below. Likewise, City desires to match such contributions up to $250,000, payable at the rate of $50,000 per year commencing January 1, 2014, for such purposes. G. Washington Fruit and City desire to enter into an Agreement for the use of such funds, to describe the improvements and renovations to be accomplished, and to provide for the administration of such projects and funds. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, and for the mutual benefit to the parties hereto, the parties agree as follows: 1. Description of Improvement Phases. The improvements and renovations to the YPAL Building shall consist of the following generally described project phases (hereafter "Improvements"), with estimated costs: A. Phase 1 — Replace Windows and Siding. Estimated construction costs: Construction Cost Subtotal: $49,431 Design Contingency @ 30%: 14,829 Subtotal: $64,260 General Contractor's Overhead and Profit ("OH & P"): $ 9,639 TOTAL Phase 1 Construction Costs: $73,899 Washington State Sales Tax @ 8.2%: $ 6,060 TOTAL with Taxes: $79,959 2 B. Phase 2 — Renovate Classroom/Conference Rooms. Estimated construction costs: Construction Cost Subtotal: $125,916 Design Contingency @ 30%: 37,775 Subtotal: $163,691 General Contractor's Overhead and Profit ("OH & P") @ 15%: $ 24,554 TOTAL Phase 2 Construction Costs: $188,244 Washington State Sales Tax @ 8.2%: $ 15,436 TOTAL with Taxes: $203,680 C. Phase 3 — New Restrooms. Estimated construction costs: Construction Cost Subtotal: $55,825 Design Contingency @ 30%: 16,748 Subtotal: $72,573 General Contractor's Overhead and Profit ("OH & P") @ 15%: $10,886 TOTAL Phase 3 Construction Costs: $83,458 Washington State Sales Tax @ 8.2%: $ 6,844 TOTAL with Taxes: $90,302 D. Phase 4 — Remodel Offices/Reception/Cafe. Estimated construction costs: Construction Cost Subtotal: $57,260 Design Contingency @ 30%: 17,178 Subtotal: $74,438 General Contractor's Overhead and Profit ("OH & P") @ 15%: $11,166 3 TOTAL Phase 4 Construction Costs: $85,604 Washington State Sales Tax @ 8.2%: $ 7,020 TOTAL with Taxes: $92,623 E. Phase 5 — Assembly Room/Hallways. Estimated construction costs: Construction Cost Subtotal: $ 8,092 Design Contingency @ 30%: 2,428 Subtotal: $10,520 General Contractor's Overhead and Profit ("OH & P") @ 15%: $ 1,578 TOTAL Phase 5 Construction Costs: $12,098 Washington State Sales Tax @ 8.2%: $ 992 TOTAL with Taxes: $13,090 TOTAL ESTIMATED ALL PHASES, including taxes: Estimated "soft costs"* @ 20% of Construction Costs: (*Architect/engineer fees, printing, permits, etc.) $479,655 $ 88,661 TOTAL ESTIMATED PROJECT COSTS: $568,316 2. Obligations of Washington Fruit. Washington Fruit shall perform the following duties: A. Washington Fruit shall contribute and pay the City the sum up to $250,000 from funds authorized by its board toward the costs of design and construction of the Improvements. Such funds shall be paid to City in annual installments of $50,000 commencing on or before January 15, 2014, and on or before January 15 of each succeeding year, with last payment payable on or before January 15, 2018. Such funds shall be deposited in an account or accounts 4 of the City appropriate for the administration of such funds. Thereafter, such funds, together with funds contributed by City as set forth in Section 3 below, will be expended by City to accomplish the purposes of this Agreement. B. Washington Fruit, at Washington Fruit's election, may assist the City in planning, design and site development of the Improvements, and confer with the City as desired by Washington Fruit in regard to any outstanding matters relating to use, maintenance and repair of the completed Improvements. C. Washington Fruit understands and agrees that design and construction of the Improvements shall be deemed a public works project of the City, subject to laws and procedures governing public works projects, including but not limited to, bidding laws and payment of prevailing wages, as applicable. 3. Obligations of City. The City shall provide the following services and perform the following duties: A. City shall contribute the sum up to $250,000 from funds authorized by its City Council toward the costs of design and construction of the Improvements. Such funds shall be paid by City in annual installments of $50,000 commencing on or before January 15, 2014, and on or before January 15 of each succeeding year, with last payment payable on or before January 15, 2018. Such funds shall be deposited in an account or accounts of the City appropriate for the administration of such funds. Thereafter, such funds, together with funds contributed by Washington Fruit as set forth in Section 2 above, will be expended by City to accomplish the purposes of this Agreement. B. City, in consultation with Washington Fruit, and subject to the provisions of Section 3 (C) below, shall be responsible for the design of the Improvements, including designation of location of the Improvements within the YPAL Building and property. City, in consultation with Washington Fruit, shall be responsible for developing and implementing all plans for construction of the Improvements, including but not limited to, implementing such construction in phases as necessary or appropriate to accommodate financing of such project. C. City shall construct the Improvements as a public works project and manage the construction site. City shall be responsible for 5 compliance with construction and design standards regarding accessibility for the handicapped pursuant to applicable codes. D. Upon completion of the Improvements, the finished facilities, amenities and fixtures shall be owned, operated and maintained by the City; shall be incorporated into the City's public property; and will meet the standards set by City. E. City shall manage all funds allocated, collected, paid and received pursuant to this Agreement, and shall maintain such funds in an appropriate account or accounts, to be expended by City to accomplish the purposes of this Agreement. City shall manage such account or accounts in accordance with its existing procedures and standards. City shall provide periodic reports or statements of account and expenditure to Washington Fruit as requested, and shall provide a final statement of account and expenditure upon completion and final acceptance of the Improvement project. 4. Scheduling of Construction — Funding — Budgeting. It is the intention and desire of the parties that funds sufficient to accomplish the construction of each Phase will be in hand or committed prior to commencement of construction of each Phase. The City shall have final authority to determine when such construction shall commence and how such construction shall progress. City shall budget the construction funds in accordance with its budgeting procedures and applicable standards. To this end, if requested by Washington Fruit, the parties will meet and confer as necessary and appropriate prior to issuance of the City's Preliminary Budget to discuss the anticipated construction schedule for the next budget year and the funds to be budgeted for such construction. 5. Prepayment of Annual Funds — Additional Funds. Either party may prepay any annual contribution, or any portion thereof, in order to accomplish construction of any Phase within an agreed timeframe or to cover cost overruns for any Phase. In the event of prepayment of any annual contribution, or portion thereof, the amount of such prepayment shall be credited against the total $250,000 committed by each party pursuant to this Agreement, with such credit applied against the final annual payment unless otherwise agreed. Either party may also contribute funds in excess of its total commitment of $250,000, and such excess funds may be provided through donation and/or grants from the contributing party, or donations and/or grant funds dedicated to the project contributed by third parties and governmental agencies. Such excess contributions of the parties and donations and/or grants from third parties and governmental agencies shall be documented and considered components of this Agreement. 6 6. Use, Maintenance and Property Insurance. Except as otherwise insured by contractor(s) during construction, such Improvements and the YPAL Building and property shall be owned, maintained and insured by City in accordance with standards and procedures of the City. 7. Name of YPAL Building. As a condition for the donation of funds for improvement of the YPAL Building by Washington Fruit herein, Washington Fruit is granted the right to name the improved and renovated facilities, subject to final acceptance and approval of the City Council. 8. Duration. The term of this Agreement shall commence upon execution hereof and shall remain in effect through completion and final acceptance by City of all Phases described in Section 1 of this Agreement. Notwithstanding the above, this Agreement may be terminated earlier by either party pursuant to the provisions of Section 21 below. 9. Administration. This Agreement shall be administered by the City Manager or his designee. 10. Independent Contractor. Washington Fruit and the City understand and expressly agree that Washington Fruit and the City are each independent contractors in the performance of each and every part of this Agreement. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between Washington Fruit and the City and/or any officer, employee or agent of Washington Fruit and the City. 11. No Third Party Rights. This Agreement is entered into for the sole benefit of the parties. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and Washington Fruit may rely upon or enforce any provision of this Agreement. 12. Indemnification and Hold Harmless. A. Each party hereto agrees to maintain responsibility and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions, and those of its officers, agents or employees to the fullest extent allowed by law. B. City specifically agrees that it will indemnify and hold harmless Washington Fruit, its board members, officers, employees, volunteers, insurers and agents from any claims, demands, damages, lawsuits and actions arising out of any injury or loss, or claim of injury or loss, arising out of the construction, use, maintenance or repair of the 7 Improvements, the YPAL Building and facilities, caused by the sole negligence or intentional wrongful acts of City, its elected and appointed officials, officers, contractors, volunteers and employees. C. The provisions of this Section shall survive the termination or expiration of this Agreement. D. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 13. Nondiscrimination. During the performance of this Agreement, the parties shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 14. Compliance With Law. The parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. • 15. No Insurance. It is understood the City does not maintain liability insurance for Washington Fruit or its employees, volunteers and contractors. It is understood that Washington Fruit does not maintain liability insurance for the City or its employees, officers, volunteers and contractors. 16. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 17. Dispute Resolution. The City and Washington Fruit agree to meet to discuss any outstanding issues related to the development of the Improvements and the performance of this Agreement in order to resolve any disputes through cooperation and negotiation. In the event any dispute cannot be resolved through cooperation and negotiation, the parties agree to submit such dispute to a mediator, mutually acceptable to both parties. Each party shall bear and pay its own expenses and costs of mediation, including attorneys' fees, and the parties will each pay one-half of the mediator's fee. If such dispute is not resolved through mediation, the parties may seek redress through any court with 8 jurisdiction, and the substantially prevailing party therein shall be entitled to recover its costs of suit together with its reasonable attorneys' fees. 18. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 19. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 20. Severability. A. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 21. Termination — Effect of Termination — Modification. The parties may terminate this Agreement only according to the following provisions: A. Pre -Construction. 1. Engineer's Estimate. The parties shall meet and confer to review the Engineer's Estimate for the cost of each Phase of the Improvements. If such cost exceeds the total funds contributed by the parties, the parties, or either of them, may terminate this Agreement. Such termination shall be by written notice of termination delivered to the other party at the address given in Section 21 below. Upon the effective date of termination, the balance of funds contributed by each party for that Phase shall be remitted and paid to the contributing party, less that party's share of proportionate costs and expenses incurred in the design, implementation and work performed pursuant to this Agreement prior to the effective date of termination. In the alternative, the parties may revise the scope of improvements to fit within the budget of funds on hand and proceed to bidding and construction with the modified scope of improvements, or may contribute excess funds to accomplish the original scope of improvements. 9 2. Prior to Requests for Bids. Either party may terminate this Agreement any time prior to publication of Requests for Bids for the construction of the Improvements. Such termination shall be by written notice of termination delivered to the other party at the address given in Section 21 below. Upon the effective date of termination, the balance of funds contributed by each party shall be remitted and paid to the contributing party, Tess that party's share of proportionate costs and expenses incurred in the design, implementation and work performed pursuant to this Agreement prior to the effective date of termination. B. After Award of Construction Contract(s). Neither party shall have the right to unilaterally terminate this Agreement after award of any contract for construction of any Phase of the Improvements. After completion of such Phase, either party may unilaterally terminate this Agreement as to remaining Phases. Upon the effective date of termination, the balance of funds contributed by each party shall be remitted and paid to the contributing party, less that party's share of proportionate costs and expenses incurred in the design, implementation and work performed pursuant to this Agreement prior to the effective date of termination. C. Mutual Agreement of the Parties This Agreement may be terminated by mutual agreement of the parties at any time. 22. Construction Management. Construction of the Improvement Project, and each Phase, will be managed by City, and contractor(s) performing the work will be bonded in accordance with City public works contracting procedures. 23. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY OF YAKIMA Tony O'Rourke, City Manager (or successor) City of Yakima 129 North Second Street Yakima, WA 98901 TO: WASHINGTON FRUIT & PRODUCE CO. Roderick Plath, President/Chairman P.O. Box 1588 Yakima, Washington 98907 10 24. Governing Law — Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any action arising out of the implementation, performance or breach of this Agreement shall lie in Yakima County, State of Washington. 25. Filing. Copies of this Agreement shall be filed with the City Clerk of Yakima. CITY OF YAKIMA , City Manager Date Signed CI rV CONTRAC r NO. RESOLUTION NO: WASHINGTON FRUIT & PRODUCE COMPANY By: Roderick Plath, President/Chairman I/742. / Date Sig ed By: Clifford Plath, Secretary /Zi/ir Date Signed 11 Init. Document A101 TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the in the year (In words, indicate day, month and year.) day of BETWEEN the Owner: (Name, legal status, address and other information) City of Yakima 129 N. 2nd Street Yakima, WA 98901 and the Contractor: (Name, legal status, address and other information) Stephens and Sons Construction, Inc. 417 S. 51st Avenue Yakima, WA 98908-3420 for the following Project: (Name, location and detailed description) Washington Fruit Community Center Renovation, Phase 3 602 North 4th Street, Yakima, WA 98901 The Architect: (Name, legal status, address and other information) Wardell Architects, P.S. 4213 Port Stanley Road Lopez Island, WA 98261 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, 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. 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 Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 05/08/2017 16:38:55 under the terms of AIA Documents-on-DemandTM order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. 1 In it 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 betweentheparties 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. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. 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 Institute of Architects. All rights reserved. WARNING: This Ale Docurnent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW® 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 created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand TM order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. !nit § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty ( 120 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of the Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) 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 $250.00 as liquidated damages, not as a penalty; provided that nothing contained herein shall preclude Owner from recovering actual damages in a greater amount where the same are proven by a preponderance of the evidence. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Fifty Two Thousand Five Hundred Sixty-two and no/100 Dollars ($ 152, 562.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) None § 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) None AIA Document A101114 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand T" order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Init § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item None Price ($0.00) 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: § 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 the same month. Han 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 A201 TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. AIA Document A101' - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 AW® 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 created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand TM' order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Init. § 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: (]fit 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.) N/A § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 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 certificates 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. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101 T" - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American 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 AIA® Document, or any porton 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 created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand T" order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. !nit § 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 • 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 AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One and One Half Percent (1.5%) per month. § 8.3 The Owner's representative: (Name, address and other information) Robert A. Wardell, AIA Wardell Architects, P.S. 4213 Port Stanley Rd Lopez Island, WA 98261 § 8.4 The Contractor's representative: (Name, address and other information) Benjamin Stephens Stephens and Sons Construction, Inc. 417 S. 51st Avenue Yakima, WA 98908-3420 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 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 Institute of Architects. All rights reserved. WARNING: This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand TM order no. 2009620122 , and is not for resale This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Unit § 8.6 Other provisions: Note that the Contract Sum listed in Article 4.1 is based on the following: a basic bid of $141,000.00 plus Washington State Sales Tax at 8.2% for a total State Sales Tax of $11,562.00. 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. § 91.3 The Supplementary and other Conditions of the Contract: Document None Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) See Attachment "A". Section Title Date Pages 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 Institute of Architects. All rights reserved. WARNING: This AW®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW® 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 created on 05/08/2017 16:38:55 under the terms of AIA Documents-on-DemandTM order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Init. § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Attachment "A" Number § 9.1.6 The Addenda, if any: Title Date Number Date Pages 1 1/23/2017 1 2 1/23/2017 3 3 2/7/2017 1 4 2/14/2017 1 5 4/7/2017 1 6 4/24/2017 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 9 § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) None AIA Document A101' - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AW®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW® 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 created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand M order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Init. 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. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement entered into as of the day and year first written above. Cliff Moore, City Manager (Printed name and title) CITr CONTRACT par 20/7- 20/7- 070 RESOLUTION NO: /C. aoi OR Signa %e Benjamin Stephens, President (Printed name and title) 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 Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 05/08/2017 16:38:55 under the terms of AIA Documents -on -Demand T^^ order no. 2009620122 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Washington Fruit Community Center Renovations — Phase 3 P. 1 Attachment "A" SPECIFICATIONS 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 Draft General Contract (AIA A101 Reference) Performance Bond Form Informational Certificate of Insurance 00700 General Conditions (AIA A201) PART II CONTRACT REQUIREMENTS and TECHNICAL SPECIFICATIONS (Division 1-16) Division 1: Contract Requirements 01010 Summary of the Work 01045 Cutting and Patching 01200 Project Meetings 01300 Submittals 01311 Prevailing Wage 01500 Temporary Facilities 01631 Products and Substitutions 01700 Cleanup and Project Closeout Division 2: Sitework 02070 Selective Demolition Division 3 - 4 No Work Division 5: Metals 05500 Metal Fabrications Division 6: Wood and Plastic 06100 Rough and Finish Carpentry and Casework Division 7: Thermal and Moisture Protection: 07210 Building Insulation 07920 Joint Sealants Washington Fruit Community Center Renovations — Phase 3 Division 8: 08110 08210 08710 Division 9: 09255 09310 09511 09610 09650 09900 Division 10: 10155 10800 Doors and Windows Standard Steel Frames Flush Wood Doors Finish Hardware Finishes Gypsum Board Assemblies Ceramic Tile Acoustical Panel Ceilings Carpet Resilient Flooring and Base Painting Specialties Toilet Compartments Toilet Accessories Division 11 -14 No Work Division 15: Mechanical 15000 15400 Division 16: 16000 PART III DRAWINGS HVAC Plumbing Electrical General Electrical Provisions (Bound Separately) A101 Vicinity Plan, Overall Building Plan, Demo Plan, Code Notes, Index A201 Floor Plan, Reflected Ceiling Plan A301 Elevations A401 Details and Schedules M201 Plumbing Plan, HVAC/Exhaust Demo Plan, Exhaust Fan Plan E100 Floor Plans — Power/Systems & Lighting Demo E200 Floor Plans — Power/Systems & Lighting End of Attachment A p. 2 Change Order moment 701 TM ® 2001 PROJECT: (Name and address) Washington Fruit CC Ren Ph 3 602 N 4th St, Yakima, WA 98901 TO CONTRACTOR: (Name and address) Stephens & Sons Construction 417 S 51st Av. Yakima, WA 98908 CHANGE ORDER NUMBER: 001 DATE: July 17, 2017 ARCHITECT'S PROJECT NUMBER: 1052.28 CONTRACT DATE: May 31, 2017 CONTRACT FOR: General Construction OWNER ARCHITECT El CONTRACTOR El FIELD 0 OTHER 0 The Contract is changed as follows: (include, inhere applicable, any undisputed anl011111 attributable to previously executed Construction Change Directives.) See Attachment "A" The original Contract Sum was $ 141,000.00 + WSST The net change by previously authorized Change Orders $ 0.00 The Contract Sung prior to this Change Order was $ 141,000.00 The Contract Sum will be increased by this Change Order in the amount of $ 10148.58 + WSST The new Contract Sum , including this Change Order, will be $ 151,148.58 + WSST The Contract Time will be unchanged by zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order, therefore, is September 29. 2017. (NOTE: This Change Order does not include changes in the Contract Sunt, Contract Time or Guaranteed r1Mavirmnn Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wardell Architects, P.S. ARCHITECT (Firm name) Stephens & Sons Construction, Inc. CONTRACTOR (Firm name) ignature) 417 S. 51st Av Yak' ., A 98908 City of Yakima OWNER (Finn name) 129 N. 2nd St Yakima, WA 98901 DRESS BY (Si ln•• BC gnae ) Lois A. Wardell, President Benjamin Stephens, President (Typed name) 77/7 Zo/7 DATE (Typed ware) DATE Cliff Moore, City Manager (Typed/name) �7 DATE AIA Document G701 T" — 2001. Copyright C0 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:` This AIAe Document Is protected by U.S. Copyright Law and International Treaties.'Unauthorized reproduction or distribution of'thts AIAe Document, or any portion of It,.may result i'n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 07/1712017 14:51:56 under the terns of AIA Documents -on -Demand TM order no. 2009648612 , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. RESOLUTION NO: Change Order No. 1 Attachment "A" July 17, 2017 1 Provide anti -fracture membrane under floor tile in Rooms 101 and 102, per recommendation of contractor given existing condition of slab Pricing per Stephens and Sons Change Order Proposal No. 1 dated 6/147/17 Cost this item: ADD $ 762.61 2. Remove asbestos fittings (unknown condition), per email authorization 6/15/17. Pricing per Stephens and Sons Change Order Proposal No. 2 dated 6/14/17. Cost this item• ADD $ 2,862.72 3 Replace paper -faced batt insulation in walls and ceiling to conform with code. Pricing per Stephens and Sons Change Order Proposal No. 3 dated 6/14/17. Cost this item. ADD $ 791.94 4. Replumb Mechanical Room to update supply, provide a backflow assembly and filter Pricing per Stephens and Sons Change Order Proposal No. 5 revised, dated 7/13/17. Cost this item: ADD $ 5,731.31 TOTAL COST THIS CHANGE ORDER: ADD $ 10,148.58 + WSST Job:Washington Change Stephens Fruit Community Center Revovations Sheet,_1 of _1_ Order Proposal 1: Anti fracture membrane under tile on floor 6/14/2017 _ & Sons Inc. Item Description Quantity Unit Unit Costs Labor Cost Total Material Labor Material Cost subcontractor Sub total $ 650.00 $ 650.00 $ 97.50 $ 15.11 O&P 15% bond Total $ 762.61 STANDARD PAINT & FLOORING LLC June 12, 2017 Stephens & Son's Const Job: Washington Fruit Community Center Where service is still in We are pleased to submit this quotation for the following: Furnish and install the following, based on plans, specs and addendums 1, 2, 3, 4, 5 & 6. Tile in bathrooms 101 and 102, floor and walls with basic floor prep. Vinyl with self cove in bathrooms 104 and 105. Install owners carpet in hall with new 6" cove base. sty n l in t i1'EC�5flnti acl 're mems an.p lbath"rcicitnrFlo Sub -Total: Only time preparation, services or products stated above are included in the quotation. Materials ordered for this project are not returnable. Any unforeseen preparation will be an additional cost, and the final invoice will be adjusted accordingly. Washington State Sales Tax is not included in the above quotation. Our credit terms are net/30 days upon completion of the job. If you wish us to proceed please sign and retum the enclosed proposal. This contractor is registered with the state of Washington under registration # STANDPF894L8. Sincerely, John Sullivan JS/su Standard Paint & Flooring, LLC 409 W. Yakima Avvenue•Yaklma, WA 98902 Phone (509) 453-3171. Fax (509) 453-7149 • WASTANDPF894L8 Customer Initials www.standardpaintandflooring.com Job:Washington Fruit Community Center Revovations Sheet_1_ of _1„__ Change Order Proposal 2: Asbestos removal 6/14/2017 Stephens & Sons Inc. Item Description Quantic t Unit Unit Costs Material Cost Labor Cost Total Material Labor subcontractor $ 2,440.00 Sub total $ 2,440.00 O&P 15% $ 366.00 bond $ 56.72 Total $ 2,862.72-i June 15, 2017 TR.1-VALLEY Construction, Inc. Contreator'e License ITRNACID6610 1008 N. 1st Street • Yakima, WA 98901 a (509) 452-4098 • Fax (509) 248-9800 Stephens & Sons Construction 417 S. 51St Ave. Yakima, WA 98908 Attn: Benjy Stephens Tri -Valley Construction, Inc. submits the following price quote for asbestos abatement at 6021 V. 4t Street in Yakima, WA: SCOPE OF WORK Remove and dispose of the following asbestos containing materials: Approximately 30 Mudded Asbestos Fittings TOTAL $2,440.00 Price quote valid for 60 days. If Intent/Affidavit are required, additional fees will apply. This price does not include any WA state sales tax. The Department of Labor and Industries and The Yakima Regional Clean Air Authority both require a 10 day advance notification of asbestos abatement work. We will file these forms for you if you decide to proceed with the work. Thank you for the opportunity to quote you a price on this project. We look forward to doing business with you soon. Sincerely, Greg Huylar President If a containment is required for this scope of work, Tri -Valley Construction, Inc. will not be responsible for filling staple holes left from containment installation. Lois Wardell ( crom: bob <bobw@wardellarchitects.com> int: Thursday, June 15, 2017 1:22 PM To: Ben Stephens Cc: Lois Wardell Subject: WA Fruit COP Importance: High Benjy, consider this email as authorization to proceed with COP 2, asbestos removal for $2862.72 At the WA Fruit Community Center. Bob Robert A. Wardell, AIA Wardell Architects, P.S. 4213 Port Stanley Road Lopez Island, WA 98261 360-468-2772 509-453-3693 bobwPwardellarchitects.com From: Benjamin Stephens [mailto:benjy@stephensandsonsinc.com] Sent: Thursday, June 15, 2017 8:28 AM •): bob <bobw@wardellarchitects.com>; Lois Wardell <loisw@wardellarchitects.com> ,ubject: Emailing - 20170615082540.pdf Importance: High Here is cop 2 for the asbestos. If you can get me a verbal than tri valley can get this done tomorrow. Otherwise it is going to affect the schedule. Thanks Benjamin Stephens 1 Job:Washington Fruit Community Center Revovations sheet 1_ of _,1__ Change Order Proposal 3: Insulation Replacement 6/14/2017 Stephens & Sons Inc. Item Description Quantity Unit Unit Costs Material Cost Labor Cost Total Material Labor Materials $ 225.00 Labor to remove the r 11 insulation from the walls 250 sf $ 425.00 and the insulation from the ceilings and replace with appropriate insulation debris fees 150 sf $ 25.00 Sub total $ 675.00 O&P 15% $ 101.25 bond $ 15.69 Total $ 791.94 Job:Washington Fruit Community Center Revovations sheet_1_ of 1_ Change Order Proposal 5: replumb mechanical room (t2 iiiiA) 7/13/2017 Stephens & Sons Inc. Item Description Quantity Unit Unit Costs Material Cost Labor Cost Total Material Labor Materials $ 2,685.00 Labor $ 2,200.00 Sub total $ 4,885.00 O&P 15% $ 732.75 bond $ 113.56 Total $ 5,731.31 Estimate No: 138 Date: July 13, 2017 Fon Bangle WFcomm 15146 Fisk Rd Yakima Wa. 98908 cascade146@gmail.com 1-(509)-949-5902 Lic. # CASCAP'1 L1 Description Quantity Rate Amount Remove and replace alt, plumbing In the mechanical room . New 2" RPBA with isolation valves, gauges, unions and Y strainer with miscellaneous materials Materials $2685.00 Labor $2200.00 1 $0.00 $0.00' • Indicates non-taxable Item ¶I1 Subtotal TAX (8.20%) $0.00 $0.00 COMMUNITY DEVELOPMENT DEPARTMENT CODE ADMINISTRATION DIVISION PLUM: ANG PEI- ,,,. IT 129 N 2ND ST. (2ND FLOOR) YAKIMA, WA 98901 (509) 575-6126 www.buildingyakima.com codes@yakimawa.gov INSPECTION HOTLINE: (509) 576-6682 PARCEL NUMBER: 19131832479 LOT SIZE: LEGAL DESCRIPTION: YAKIMA LOT 1 BLK 64 ALSO 1/2 OF VAC.F ST ACCRUING ONLINE ACCESS CODE: Q3WN3-IYPF8 NAME APPLICANT. CASCADE PLUMBING OWNER: YAKIMA CITY CONTRACTOR: CASCADE PLUMBING PERMIT NUMBER: P170239 ISSUED DATE: 07/03/2_017 EXPIRATION DATE: �.�'_412I30/20,1:70 602 N 4TH ST COMMERCIAL PLUMBING PROJECT: REMODEL OF 2 GANG RESTROOM'S AND ADDING 2 ADA RESTROOM'S ADDRESS 15146 FISK RD YAKIMA, WA 98908 129 N 2ND ST YAKIMA, WA 98901 LIC: CASCAP'951L1 EXP: 09/28/2017 15146 FISK RD YAKIMA, WA 98908 PHONE 509-949-5902 509-575-6228 509-949-5902 FEE SUMMARY: Plumbing Permit TOTAL FEES PAID: $233.96 $233.96 The Plumbing Permit fee includes a base charge of $31.82 In addition to the Itemized fixture costs. The above -referenced pa/d foes may not include all applicable fees for your project. Any and all outstanding fees must be paid In full prior to obtaining a final Inspection. PLUMBING FIXTURE QTY EACH TOTAL Floor Drain 1 11.23 $11.23 Lavatory (Basin) 8 11.23 $89.84 Urinal 3 11.23 $33.69 Water Closet Flushometer 6 11.23 $67.38 type CONDITIONS a violation of any local, state or federal regulation, statute, code, standard, or policy at this location will constitute a violation of permit conditions and will be subject tc STOP WORK ORDER, INSPECTION HOLD, CERTIFICATE OF OCCUPANCY HOLD, NO OCCUPANCY NOTICE OR CEASE AND DESIST ORDER until such time as the violation(s) is corrected. 1. Permit shall be valid for 180 days. 2. An approved Reduced Pressure Backflow Assembly is required to be installed on the domestic water service just inside the building prior to any other branch or connection. Contact Jeff Morris, Water/Irrigation Division, for additional Information (576-6455). 3. An Excavation/Streetbreak application/permit must be obtained prior to commencing work within the City Right -of -Way, per YMC 8.72. Contact City Engineering at 509-575-6111 to confirm licensing/bonding/insurance and permit fee information. INSPECTIONS This permit constitutes consent to allow Code Inspectors the right of access to the property during the course of construction. No further consent or notice shall be required before Code Inspectors enter for inspection purposes. INSPECTION INSP DATE COMMENTS INSPECTION INSP DATE COMMENTS GW PLUMBING/TEST FINAL PLUMBING ROUGH•IN PLUMBING SAMPLING PORT WATER SERVICE OIL/WATER SEPARATOR CROSS CONNECTION GREASE TRAP BACKWATER VALVE To request an inspection, call the inspection scheduling hotline at (509) 576-6682. Leave a message with the following information: Permit No., Type of Inspection, Date Requested, Street Address, a Contact Name and Phone Number. Alternatively, an Inspection may be requested via the Online Permit Center at https://ci-yakima- wa.smartgovcommunity.comlPortai, The same pertinent information will be required. Page 1 of 2 COMMUNITY DEVELOPMENT DEPARTMENT CODE ADMINISTRATION DIVISION PLU f BING PERMIT 129 N 2ND ST. (2ND FLOOR) YAKIMA, WA 98901 (509) 575-6126 www.buildingyakima.com codes@ynkimawa.gov INSPECTION HOTLINE: (509) 576-6682 PERMIT NUMBER: P170239 ISSUED DATE. 07/03/2017 EXPIRATION DATE: 12/30/201;7x: 602 N 4TH ST I understand that the granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction. Further, I understand and agree that the construction for which this permit is required shall be subject to inspection by the building official or his designee and such construction shall remain accessible and exposed for inspection purposes until approved. _I hereby certify that as a contractor I am currently registered and properly licensed as defined by RCW 1827.1 certify under penalty of perjury under the State of Washington that the foregoing is true and correct. _I hereby certify that I am the owner or authorized representative for the same and that I am applying for a permit. I also acknowledge that 1 am not a licensed contractor, specialty or general, or that I am not acting as a contractor and wish to be exempt from the requirements of the Washington State Contractor's Act, per RCW 18.27.090 and will abide by all provisions and conditions of the exemption as stated. I agree that if I use the assistance of any person(s) to provide labor and/or assistance, I will retain only contractors registered and currently licensed as required under the laws of the State of Washington. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. I have read, and agree to abide by the conditions of this permit including all conditions of zoning, building code, and State and Federal laws. SIGNATURE OF OWNER OR AGENT DATE: PRINTED NAME: ISSUED BY* Carolyn Belles DATE ISSUED* 07/03/2017 Page 2 of 2 iAPAR Change Order Document G7OITM - 2001 PROJECT: (Name and address) Washington Fruit Ren Ph 3 602 N 4th St, Yakima, WA 98901 TO CONTRACTOR: (Nance and address) Stephens & Sons Constriction 417 S 5 l st Av. Yakima, WA 98908 CHANGE ORDER NUMBER: 002 DATE: September 5, 2017 ARCHITECT'S PROJECT NUMBER: 1052.28 CONTRACT DATE: May 31, 2017 CONTRACT FOR: General Construction OWNER Ed ARCHITECTIE CONTRACTOR FIELD ❑ OTHER ❑ The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives.) See Attachment "A" The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum , including this Change Order, will be The Contract Time will be unchanged by zero ( 0 ) days. $ 141,000.00 +WSST $ 10,148.58 + WSST $ 151,148.58 $ 2,035.58 +WSST $ 153,184.16 + WSST The date of Substantial Completion as of the date of this Change Order, therefore, is September 29, 2017 (NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maxinnnn Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wardell Architects, P.S. ARCHITECT (Firm name) 4213 Port Stanley Rd Lopez Islam, WA 98261 ADDRESS Stephens and Sons Constniction, Inc CONTRACTOR (Firm name) 417 S. 51st Ave Y. , a, WA 98908 City of Yakima OWNER (Firm name) 129 N. 2nd St akima, WA 98901 ADDRESS BY (Sigjture) Lois Wardell, President (Typed name) 91 -/o/7 DATE enjamin Stephens, President (Typed name) et I I at DATE Bl�(Signa Cliff Moore, City Manager (Typed nrue) DATE CITY CONTRACT NO:,20 i 7-070 d RESOLUTION NO: R- 20/5-- 0/ 8 2 - AIA Document G701 TM' — 2001 Copyright © 1979, 1987, 2000 and 2001 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 law. This document was created on 09/05/2017 18:08:17 under the terms of AIA Documents-on-DemandTM' order no. 2009701104 , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Change Order No. 2 Attachment "A" September 5, 2017 1 Provide a mixing valve for the hot water line to the new restroom sinks Per email approval by Wardell Architects 8/11/2017 Pricing per Stephens and Sons Change Order Proposal No 6 dated 8/10/17 Cost this item ADD $ 546 73 2 Additional service for temporary portable restrooms and additional concrete cutting and removal Pricing per Stephens and Sons Change Order Proposal No 7 dated 8/30/17 Cost this item ADD $ 1,488 85 TOTAL COST THIS CHANGE ORDER: ADD $ 2,035.58 + WSST Lois Wardell From: Lois Wardell <loisw@wardellarchitects.com> Sent: Monday, August 14, 2017 1:23 PM To: 'Wonner, Richard' Cc: Bob Wardell (bobw@wardellarchitects.com), Randy Pitney Subject: RE. 20170810093249.pdf Sorry, I didn't explain. Benjy discovered that the hot water temperature is higher than what is deemed safe for the bathroom sinks. This is because it has to be hotter for the kitchen It was probably not an issue with the old piping, as the galvanized pipes would have offloaded some of the heat on the way to the bathrooms. This COP is for putting in a mixing valve to serve the new bathrooms. We had the choice of one bigger mixing valve to serve all the sinks, or individual mixing valves at each sink. Benjy and I both thought one serving all the sinks would be the way to go. I suspect that the regulations regarding water temp were a lot less stringent back in the day when the original system was installed. Lois Lois A. Wardell, AIA Wardell Architects, P.S. 4213 Port Stanley Road Lopez Island, WA 98261 360-468-2772 * 509-453-3693 loisw©wardellarchitects com From: Wonner, Richard [mailto:Richard.Wonner@yakimawa.gov] Sent: Monday, August 14, 2017 1:12 PM To: 'Lois Wardell' <loisw@wardellarchitects.com> Subject: RE: 20170810093249.pdf Lois, What is the detail of this request? Richard From: Lois Wardell[mailto.loisw@wardellarchitects.com] Sent: Friday, August 11, 2017 3:34 PM To: 'Benjamin Stephens' <benjy@stephensandsonsinc.com>;'bob ' <bobw@wardellarchitects.com> Cc: Pitney, Randy <Randy.Pitney@yakimawa.Rov>; Wonner, Richard <Richard.Wonner@yakimawa.Rov> Subject: RE: 20170810093249.pdf Benjy, $546 73 seems like a very reasonable price. Let's go for it. Lois A. Wardell, AIA Wardell Architects, P.S. 4213 Port Stanley Road Lopez Island, WA 98261 1 Job:Washington Fruit Community Center Revovations Sheet^1_._ of_1T Change Order Proposal 6: add mixing valve 8/10/2017 Stephens & Sons Inc. .5 o 1- O O c:i co co ,- N ER H4 O ca CO '7 69- 0 CD C 69 co O EA ti v LO ER Labor Cost Material Cost Unit Costs Labor R 'i 41 ft 2 a+ C M Quantity Description N iii.4 L 0 � _`CO � y .0 CO o ro v- 0 0 _ c 3 .0 1-I E m CASCADE PLUMBING &awe& Estimate No: 153 Date: August 9, 2017 For: Bengie Ypal 15146 Fisk Rd Yakima Wa. 98908 cascade146@gmail.com 1-(509)-949-5902 Lic. # CASCAP*1 L1 Description Quantity Rate Amount Add three-quarter mixing valve in mechanical room all parts and labor included 1 $466.00 $466.00* Material $186.00 Labor $280.00 Indicates non-taxable Item Subtotal TAX (8.20%) $466.00 $0.00 Lois Wardell From: Lois Wardell <loisw@wardellarchitects.com> Sent: Thursday, August 31, 2017 1.31 PM To: 'Wonner, Richard' Cc: Bob Wardell (bobw@wardellarchitects.com) Subject: FW cop 7 toilet servicing and concrete.pdf Attachments: cop 7 toilet servicing and concrete.pdf Richard, this is the last COP. It covers two items. One is extra cleaning required for the temporary toilets. The usual service for these would be to clean them once a week. Instead, because of the use by not only the Center but also the Parks & Rec program, they had to be cleaned every day. The other cost is for the extra concrete cutting and the additional excavation that had to be done because the sewer line was buried so deeply. Both of these are definitely unanticipated expenses. I will go ahead and prepare a Change Order for this COP and COP #6, which was for installing the mixing valve for the sinks We will come over next week to do the final punch list (8:30 on Thursday). A couple of other questions: 1) What is Randy's status at this point? 2) What's that status of our Contract Amendment? See you next week. Lois A. Wardell, AIA Wardell Architects, P.S. 4213 Port Stanley Road Lopez Island, WA 98261 360-468-2772 * 509-453-3693 loisw@wardellarchitects com From: Benjamin Stephens [mailto:benjy@stephensandsonsinc.com] Sent: Wednesday, August 30, 2017 4:23 PM To: Lois Wardell <loisw@wardellarchitects.com>; Bob Wardell <bobw@wardellarchitects.com> Subject: cop 7 toilet servicing and concrete.pdf Lois & Bob, here is the final cop for the work at YPAL. Thanks Benjamin Stephens 1 Job:Washington Fruit Community Center Revovations Sheet_1_ of_1_ Change Order Proposal 7 added rental for extra toilet service 8/30/2017 and Extra charges for concrete cut and removal & digging Stephens & Sons Inc te+ O F i- 000 000 0 0) 0 O CO CO CO L" V' EA EA (A 0 0 0) CO CV EA u) CO 0 O) - x- EA 0 LO 0) N fA 1 488.85 Labor Cost Material Cost Unit Costs Labor 0 0 0 0 0 0 0 v CO EA L_ Material .4--1 C 3 a N N 1-- Y 0 Description CD 0 0) O C 0) cu o) U_ 'O a N = U @ 2 m (0 X C °' "_' O E O U N to O L c O Y c U E o_o N Ci J fG O _o (q o r eL O C Y E- E d Y