HomeMy WebLinkAboutR-2024-071 Resolution authorizing a contract with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745 RESOLUTION NO. R-2024-071
A RESOLUTION authorizing an agreement with Chervenell Construction Company for the
MLK Jr Park Eastside Pool Project 2745.
WHEREAS, the City of Yakima previously entered into a contract with NAC Architecture
(R-2023-010) to provide aquatic pool design for the MLK Jr Park Eastside Pool Project 2745
(Project) under original contract number 2023-007, approved by the City Council and executed
on January 4, 2023 by Resolution Number 2023-010; and
WHEREAS, the Project consists of construction of a public swimming pool located in
east Yakima area at 610 South 9' Street; and
WHEREAS, the funding will be provided from a variety of funding sources including state
grants, ARPA, Local Funds, and donations; and
WHEREAS, the City of Yakima used the procedure established by Washington State
law for the bidding and awarding of public capital improvement projects; and
WHEREAS, Chervenell Construction Company was determined to be qualified to
perform the needed construction work; and
WHEREAS, the contract will be null and void if bond, certificate, and required insurance
certificate and endorsement are not received within specified timeframe; and
WHEREAS, the Scope of Work and Budget included in this contract meets the needs
and requirements of the City of Yakima for this Project; and
WHEREAS, the City Council of the City of Yakima finds that entering into the contract
with Chervenell Construction Company for construction of the MLK Jr Park Eastside Pool is in
the best interests of the City and its residents; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager is hereby authorized to execute a contract with Chervenell
Construction Company, attached hereto and incorporated herein by this reference, contracted
amount plus Washington State Sales Tax (WSST) for a total not to exceed Ten Million Five
Hundred Eighty Thousand Nine Hundred and Ten Dollars ($10,580,910) to provide construction
services for work outlined in the contract for the MLK Jr Park Eastside Pool Project 2745.
Section 2. The will be null and void if bond, certificate and required insurance is not
received as outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 16th day of A ril, 2024.
�\`'h►► Patricia Byers, Mayor
ATTEST: ,%fl (SEAL
*� •. 4►
*%
• Ili
Rosalinda Ibarra, City Clerk .,%\k\`L`G2�c
$ggAIA DocumentAl 01"- 2017
Standard Form of Agreement Between Owner and Contractor where fhe basis of
payment ls a Sftpu/ated Sum
AGREEMENT made as of the sixteenth day of April in the year 2024
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
City of Yakima
129 North 2nd Street
Yakima, Washington 9890 1
and the Contractor:
Q{ame, legal status, address and other information)
Chervenell Construction Company
107422 E Detrick PR SE
Kennewick, WA 99338
for the following Project:
(Name, location and detailed description)
Martin Luther King Jr. Community Park Pool
610 South 9th Street
Yakima, Washington 9890 I
The Architect:
(Name, legal status, address and other information)
NAC Inc.
1203 West Riverside Avenue
Spokane, Washington 9920 I
(s0e) 838-8240
The Owner and Contractor agree as follows
ADDITIONS AN D 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 Repodthat 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.
The parties should complete
4101@-201 7, Exhibit A, Insurance
and Bonds, contemporaneouslY with
this Agreement. AIA Document
A201@-2017, 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 modifled.
AIA Docu
reserved.
American
resale, is
e-mail docinfo@aiacontracts.com.
User Notes:
mentA101-2017.CopyrightO1915,191S,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1597,2007and2O17'Allrights,,The American lnstitute of-Architects,l' "American institute of Architects," "AlA," the AtA Logo, and "AlA Contract Documents" are trademarks of The
lnstitute of Architects. This documeni was produced at 08:15:01 EI on o4t0312024 under Order No.3104239382 which expires on 1O|1O!2O24' is not for
licensed for one-time use only, and may oniy be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations,
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TABLE OF ARTICLES
THE CONTRACT DOCUMENTS
THE WORK OF THIS CONTRACT
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
CONTRACT SUM
PAYMENTS
DISPUTE RESOLUTION
TERMINATION OR SUSPENSION
MISCELLANEOUS PROVISIONS
ENUMERATION OF CONTRACT DOCUMENTS
EXHIBIT A INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Conhact 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 Conhact as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements,
either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
$ 3.1 The date of commencement of the Work shall be:
(Check one of thefollowing boxes.)
I I The date of this Agreement.
I X ] A date set forth in a notice to proceed issued by the Owner
Established as follows:
(Insert a date or a means to determine the date of commencement of the Work.)
if a date of commencement of the Work is not selected, then the date of commencement shall be the date of this
Agreement.
$ 3'2 The Contract Time shall be measured from the date of commencement of the Work.
$ 3.3 Substantial Gompletion
$ 3'3'1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall
achieve Substantial Completion of the entire Work:
(Check one of thefollowing boxes and complete the necessaty information.)
AIA Document A1O1 -2017. Copyrighto 1915, 19'18, 1925,1937,1951, 1958, 1961, 1963, 1s67,1974,1977,1987,1991, 1997, 2oo7 and 2017. Ail rights
reserved. "The American lnstitute of Architects," "American lnstituie of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks of The
American lnstitute of Architects. This document was produced at 08:15:01 ET on 0410312O24 under Order No.31 04239382 which expires on 1Ol1Ol2O24, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations,
e-mail docinfo@aiacontracts.com.
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IX]Not later than thlee-hundred eighty ( 380 ) calendar days from the date of commencement of the
Work.
t I By the following date:
$ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are
to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial
Completion of such portions by the following dates:
S 3.3.3If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if
any, shall be assessed as set forth in Section 4.5.
ARTICLE 4 CONTRACT SUM
$ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be Nine Million Seven Hundred Seventy Thousand Dollars ($ 9,770,000.00) plus
Washington State Sales Tax, subject to additions and deductions as provided in the Contract Documents.
$ 4.2 Alternates
$ 4,2,1 Altemates, if any, included in the Contract Sum:
Item Price
Alternate No. 2 Slide Tower & Dual $970,000.00
Runout Slides for Pool B
S 4.2.2 Subject to the conditions noted below, the following altemates may be accepted by the Owner following
execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.
(Insert below each alternate and the conditions that must be metfor the Owner to accept the alternate.)
Item
As allowed under the bidding documents
Conditions for Acceptance
$ 4.3 Allowances, if any, included in the Contract Sum:
(Identifu each allowance,)
Portion of Work
N/A
Item
Not Applicable (1\/A)
Substantial Completion Date
N/A
Price
Price
3
$ 4,4 Unit prices, if any:
(tdenttfy tie item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)
Item
(N/A)
Units and Limitations Price per Unit ($0.00)
$ 4.5 Liquidated damages, if any:
(Insert terms and conditions for liquidated damages, tf any.)
Liquidated damages are as described in the AIA 201 General Conditions and Specification Section 007300
Supplementary Conditions
The Contractor and Owner agreethat the liquidated damages amount is not a penalty and is a reasonable estimation of
actual damages to the Owner if they are not able to open the outdoor aquatic center for business for the fulI summer
season session.
$ 4.6 Other:
AtADocumentAl}l-2017.Copyright@1S15,1918,1925,1937,1951,1S58,196'1,1963,1967,1974,1977,1587,1991,1997,2007and2017.A11rights
reserved. .The American lnstitute'of-Architects,;' "American lnstitute of Archiiects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks of The
American lnstitute of Architects. This documeni was produced at 08:15:01 ET on 04t03t2}24 under Order No.3104239382 which expires on 10/10/2024, is. not for
resale, is licensed for one-time use only, and may oniy be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations'
e-mail docinfo@aiacontracts.com.
user Notes: (1464100981)
lnit.
(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)
N/A
ARTICLE 5 PAYMENTS
$ 5.1 Progress Payments
S 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 Conh.act Documents.
S 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:
I S"ftedule per Contract Documents
$ 5.1.3 The Owner shall make payment of the amount cerlified to the Contractor as provided in the Contract
Documents.
(Federal, state or local laws may require payment within a certain period of time.)
$ 5'1'4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor
in accordance with the Conkact Documents. The schedule of values shall allocate the entire Contract Sum among the
various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to
substantiate its accuracy, as the Architect may require. This schedule of values shalt be used as a basis for reviewing
the Contractor's Applications for Payment.
$ 5'1'5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment.
$ 5'1'6 In accordance with AIA Document A20lrM-2017, General Conditions of the Contract for Construction, and
subject to other provisions of the Contract Documents, the amount of each pt'ogress payment shall be computed as
follows:
$ 5.1.6.1 The amount of each progress payment shall first include:
.1 That portion of the Contract Sum properly allocable to completed Work;
'2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction, or, ifapproved in advance
by the Owner, suitably stored off the site at a location agreed upon in writing; and
'3 That portion of Construction Change Directives that the Architect determines, in the Architect's
professional judgment, to be reasonably justified.
$ 5.1.6.2 The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously
withheld a Certificate for Payment as provided in Article 9 of AIA Document A20l--2017;
'3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier,
unless the Work has been performed by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment application, any amount for which
the Architect may withhold payment, or nulliS, a Certificate of Payment in whole or in pafi, as provided
in Article 9 of AIA Document A20I-2017; and
,5 Retainage withheld pursuant to Section 5.1.7.
$ 5.1.7 Retainage
$ 5.1'7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the
following amount, as retainage, fi'om the payment otherwise due:
(Insert a percentage or amoLrnt to be withheld as retainagefrom each Appticationfor Payment. The amount of
retainage may be limited by governing law.)
AlADocumentAl0l -2017. Copyright@ 1915, 1S18, 1925,1937,1951, 1958, 1961, 1963, 1967,1974,1577,1987,1991, 19S7, 2O07 and 2017. Ail rights
reserved. "The American Institute of Architects," "American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks of The
American lnstitute of Architects. This document was produced at 08:'15:01 Ef on 0410312024 under Order No.3104239382 which expires on 1ot1012024, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyrighi violations,
e-mail docinfo@aiaGonlracts.com.
User Notes: (14641009S1)
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Init.
Statutory retainage of five percent (5%) shall be withheld from all payments, unless the Contractor submits and the
Owner accepts a retainage bond pursuant to RCW 60.28.011(6).
$ 5.1.7.1.1 The following items are not subject to retainage:
(Insert any items not subject to the withhotding of retainage, such as general conditions, insurartce, etc.)
I Nle
S 5.1.7,2 Reduction or limitation of retainage, if any, shall be as follows:
117 th" ,"toinoge established in Section 5. L7.I is to be modified prior to Substantial Completion of the entire Work,
including modificationsfor Substantial Completion of portions of the Work as provided in Section 3'3'2, insert
provisions for such modifications. )
Per statute and the Contract Documents.
S 5.1 .7,3 Except as set forth in this Sectio n 5 .l .7 .3, upon Substantial Cornpletion of the Work, the Contractor may
submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant
to this Sectio i S .t .l . The Application for Payment submitted at Substantial Completion shall not include retainage as
follows:
(Insert any other conditions for release of retainage upon Substantial Completion.)
N/A
S 5,1 .S If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay
the Contractor any additional amounts in accordance with Article 9 of AIA Document A20l-201'l .
$ 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
$ S,Z.t Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contr.actor has fully performed the Contract except for the Conttactor's responsibility to corTect
Work as providedin ArLicle l2of AIA Document A201-2017, and to satisfy otherrequirements, if any,
which extend beyond fina1 payment; and
,2 a final Certificate for Payment has been issued by the Architect.
$ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
30 days after completion of all requirements for Final Acceptance listed in the A201-2017 General Conditions and
Supplementary Conditions
$ 5.3 lnterest
Fayments 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 fi'om time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if any.)
(Paragraph deleted)
Per the Contract Documents
ARTICLE 6 DISPUTE RESOLUTION
$ 6.1 lnitialDecision Maker
ihe Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A20l-20l7,unless the
parties appoint below another individual, not a party to this Agreement, to serye as the Initial Decision Maker.
-(If
the piities mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if
other than the Architect.)
AIA Document A1O1 - 2017. Copyright O 1 91 5, 1 91 B, 1925, 1537, 1 S51, 1 958, 1 961'1963, 1967, 1974,1977,19B7,1991, 1997,2007 and2017. All rights
reserved. "The American lnstitute of Architects," "American lnstitute of Architects," "AlA," the AIA Logo,and "AlA Contract Documents" are trademarks of The .5
TOrAmerican lnstitute of Architects. This document was produced at 08:15:01 ET
resale, is licensed for one-time use only, and may only be used in accordance
e-mail docinfo@aiacontracts.com.
ljser Notes:
on 0410312024 under Order No.3 104239382 which expires on '1
Service. To report
011012024, is not
copyright violations,
lnit.
wiih the AIA Contract Documents@ Terms of
(14641 00981 )
lNa
$ 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the
method of binding dispute resolution shall be as follows:
(Check the appropriate box.)
t I Arbitration pursuant to Section 15.4 of AIA Document A20l-2017
t ] Litigation in a court of competent jurisdiction
IX I At*'*er (Spicifyl
Litigation in Superior Court in Yakima County, Washington
If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in
writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of
competent jurisdiction.
ARTICLE 7 TERMINATION OR SUSPENSION
$ 7'1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A20l--2017.
$ 7'1,1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document
A20l-2011 , then the Owner shall pay the Contractor a termination fee as follows:
(Insert the amount of, or methodfor determining, thefee, if any, payable to the Contractorfollowing a terminationfor
the Owner's convenience.)
N/A
$ 7'2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A20l--2017.
ARTICLE 8 MISCELLANEOUS PROVISIONS
$ 8'1 Where reference is made in this Agreement to a provision of AIA Document A201-201'7 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
$ 8.2 The Owner's representative:
Q,{ame, address, email address, and other information)
Ken Wilkinson
230 1 Fruitvale Boulevard
Yakima, WA 98902
(509) 57s,600s
Kenneth. Wilkinson@yakimawa. gov
$ 8.3 The Contractor's representative:
Q,{ame, address, email address, and other information)
Brandon Mayfield, President
Chervenell Construction Cornpany
107422 E. Detrick PR SE
Kennewick, WA 99338
AlADocumentAlOl-2017.Copyright@1915,1918,1925,1937,1951,1958,1961,1363,1967,1974,1977,1987,1991,1997,2007and2017.Ailrights
reserved. "The American lnstitute of Architects," "American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks 6f The
AmericanlnstituteofArchitects.Thisdocumentwasproducedat0s:15:01 Ef onO4t03t2o24underOrderNo.3104239382whichexpireson 1}t1ol2024,isnotfor
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations,
.e-mail docinfo@aiacontracts.com.
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(s}e) 13s-3377
bmayfi eld@chervenell. com
$ 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the
other party.
$ 8.5 lnsurance and Bonds
S S,5,1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document
Al0lrIuL-2O17, Standard Form of Agreement Befween Owner and Contractor where the basis of payment is a
Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.
$ 8.5,2 The Contractor shall provide bonds as set forth in AIA Document A101rlr-2017 Exhibit A, and elsewhere in
the Conhact Documents.
$ 8.6 Notice in electronic format, pursuant to Article I of AIA Document M0l-2011 , may be given in accordance
with AIA Document E203rI'4-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as
otlerwise set forth below:
(If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice irt electronic
firmat such as name, title, and email address of the recipient and whether and how the system will be required to
generate a read receiptfor the transmission.)
Per the Contract Documents
$ 8.7 Other provisions:
I Nle
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
$ 9.1 This Agreement is comprised of the following documents:
,1 AIA Document A101rM-2017, Standard Form of Agreement Between Owner and Contractor, as
modified
.2 AIA Document A101rru2017, Exhibit A, Insurance and Bonds
,3 AIA Document A201rre-2017, General Conditions of the Contract for Construction
(Paragraphs deleted)
as revised by the Owner including Supplementary Conditions. All references to the A201 or to the General
Conditions are to the revised document.
.4 Not used.
.5 Drawings
Number
See attached Index of Drawings
.6 Specifications
Section
See attached Table of Contents
.7 Addenda, if any:
Number
1
Title
Title
Date
February 8,2024
February 75,2024
February 22,2024
February 29,2024
Date
Date
Pages
25
21
36
52
Pages
2
J
4
lnit.AIA Document 4101 -2017. Copyright@ 1915,
reserved. "The American lnstitute of Architects,"
American lnstitute
/ resale, is licensed
e-mail docinfo@aiacontracts.com.
lJser Notes:
1S18, 1925,1937, 1951, 1958,1961, 1963, 1967, 1974,1977,1987, 1991, 1957,2007 and2017. All rights
"American Institute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks of The
of Architects. This document was produced at 08:1 5:01 ET
for one-time use only, and may only be used in accordance
on O4lO3l2O24 under Order No.3 ,l 04239382 which expires on 1011012024, is not for
with the AIA Contract Documents@ Terms of Service. To report copyright violations'
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Portions of Addenda relating to bidding or proposal requirements are not part of the Contract
Documents unless the bidding or proposal requirements are also enumerated in this Article 9.
Other Exhibits:
(Check all boxes that apply and include appropriate information identifuing the exhibit where
required.)
I X I The Supplementary and other Conditions of the Contract
(Paragraph deleted)
Title Date Pages
(Paragraphs deleted)
.9 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Doatments. AIA
Document A20lrNr-2017 provides that the advertisement or invitation to bid, Instructions to Bidders,
samplefonns, the Contractor's bid or proposal, portions ofAddenda relating to bidding or proposal
requirements, and other informationfurnished by the Owner in anticipation of receiving bids or
proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such
documents should be listed here only if intended to be part of the Contract Documents.)
Department of Labor and Industries Prevailing Wage Rates/
As part of the same Project Manual dated January 19,2024, as stated in Section 9, the following
documents are included as part of tle Contract Documents: Invitation or Advertisement for Bids,
Instructions to Bidders
This Agreement entered into as of the day and year first written above.
Dav e Zab ell. Interim Citv Manager President
(Printed name and title)(Printed name and title)
.8
Document
Project Manual dated January 19,
2024
c rrY c o NrRAcr
"o, .2€{:0&15
RESoLUToN uo, 4-Zoell-O4 1
lnit.AlADocumentAl0l-2017.Copyright@1915,1S18,1925,1937,1951,1958,1961,1963,1967,1974,1977,19S7,1SS1,1S97,2007and2017.Ailrighrs
reserved. "The American lnstitute of Architects," "American lnstitute of Architects," "AlA," the AIA Logo, and "AlA Contract Documents" are trademarks of The
American lnstitute of Architects. This document was produced at 08:15:01 ET on 0410312024 under Order No.3'104239382 which expires on 10t1012024, is not for
resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents@ Terms of Service. To report copyright violations,
e-mail docinfo@aiacontracts.com.
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Additions and Deletions Report for
AIA' Document A101@ - 2017
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added
to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original
AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part
of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by
AIA software at 0B:'15:01 ET on 0410312024.
PAGE 1
AGREEMENT made as of the sixteenth day of April intheyear 2024
Citlr of Yakima
129 North 2nd Street
Yakima. Washineton 98901
Chervenell Construction Company
107422 E Detrick PR SE
Kennewick. WA 99338
Martin Luther King Jr. Communitv Park Pool
610 South 9tl' Street
Yakima. Washington 9890 1
NAC Inc.
1203 West Riverside Avenue
Spokane. Washington 9920 I
(s09) 838-8240
PAGE 2
I L I A date set forth in a notice to proceed issued by the Owner
PAGE 3
ttl Not later than three-hundred eightv ( 3-80j calendar days from the date of commencement of the
Work.
N/A N/A
AdditionsandDeletionsReportforAlADocumentAlOl-2017.CopyrightO1915,1918,1925,1937,1951,1958,'1961,1963,1967,1974'1977, '1987'1991'1997'
trademarks of The American Institute of Architects. This document was produced at 0B:1 5:01 Ef on 0410312O24 under Order No.31 04239382 which expires on
1Ot1Ot2O24, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report
copyright violations, e-mail docinfo@aiacontracts.com.
user Notes: - (1464100981)
1
$ 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 SNine Million Seven
plus Washington State Sales Tax. subject to additions and deductions as provided in the Contract Documents.
Alternate No. 2 Slide Tower & Dual
Runout Slides for Pool B
$970.000.00
As allowed under the bidding documents
Not Aoplicable fN/A)
Liquidated damages are as described in the AIA 201 General Conditions and Specification Section 007300
Supplementary Conditions
The Contractor and Owner aqree that the liquidated damages amount is not a penaltv and is a reasonable estimation of
actual damages to the Owner if they are not able to open the outdoor aquatic center for business for the fuIl summer
season session.
PAGE 4
N/A
Schedule oer Contract Documents
s 5.1.3
Theownersha11makepaymentoftheamountcertifiedtotheContractor
r\pptieatien fer Paym
PAGE 5
Statutorv retainage of five percent (5olo) shall be withheld from all payments. unless the Contractor submits and the
Owner accepts a retainage bond pursuant to RCW 60.28.011(6).
N/A
Per statute and the Contract Documents.
AdditionsandDeletionsReportforAlADocumentAl0l-2017.Copyright@1915,1918,1925,1937,1951,1958,1961,1963,1967,1574,1977,1987,1991,1997,
trademarks of The American lnstitute of Architects. This document was produced at 0B:15:01 Ef on O4lO3l2O24 under Order No.3104239382 which expires on
1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report
copyright violations, e-mail docinfo@aiacontracts.com.
ljser Notes: (14641009S1)
(N/A)
2
N/A
N/A
30 days after completion of all requirements for Final Acceptance listed in the A20 1 -201 7 General Conditions and
Supolementary Conditions
%
Per the Contract Documents
PAGE 6
N/A
tX I other (Specify)
Litigation in Superior Court in Yakima County. Washington
Ken Wilkinson
2301 Fruitvale Boulevard
Yakima. WA 98902
(509) 57s-6oos
Kerureth. Wilkinson@,vakimawa. gov
Brandon Mavfield" President
Cheruenell Construction Company
107422 E. Detrick PR SE
Kennewick. WA 99338
(s09\ 73s-3377
bmayfi eld@chervenell. com
PAGE 7
Per the Contract Documents
N/A
,l AIA Document A101rL2017, Standard Form of Agreement Between Owner and
@
.3 AIA Document A20lrtQ.017, General Conditions of the Contract for Construction
AdditionsandDeletionsReportforAlADocumentAlOl-2017.Copyright@1915,1918,1925,1937,1951,1958,1961,'1963,1967,1974,1977,1987,139'l'1997'
trademarks of The American lnstitute of Architects. This document was produced at 08:1 5:01 ET on O41O312024 under Order No.31 04239382 which expires on
1Ot1Ot2O24, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report
copyright violations, e-mail docinfo@aiacontracts.com.
usir Notes: - (1464100981)
indiea+eebebwr
as revised by the Owner including
Supplementary Conditions. All references to the A20l or to the General Conditions are to the revised
document.
.4 Not used.
See attached lndex of Drawings
See attached Tabie of Contents
February 8^2024
February 15.2024
February 22.2024
February 29.2024
I
I The supolementary and
other Conditions of the Contract
1 25
2t
36
52
z
3
4
PAGE 8
@
+i+lc Da{e Pages
DateTitle PaqesDocument
Project Manual dated January 19.
2024
f--J Stryplementar,v and other eenditiens of the eentraet:
Dseument +itle Pag€s
Department of Labor and Industries Prevailing Wage Rates/
As parl of the same Project Manual dated Januaq/ 19. 2024. as stated in Section 9. the followine
documents are included as part of the Contract Documents: Invitation or Advertisement for Bids.
Instructions to Bidders
Oave ZaUett. tnterim C Brandon Mavfreld.
Additionsand Deletions ReportforAlADocumentAl0l -2017. Copyright@1915, 1918,1925,1937,'1951,1958,'1961,1963, 1967, 1974,19TT,1987, 199.,|,.1997,
trademarks of The American lnstitute of Architects- This document was produced at 08:15:01 Ef on 04tO312024 under Order No.3104239382 which expires on
1011012024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report
copyright violations, e-mail docinfo@aiacontracts.com.
lJser Notes: (14641009S1)
Da+e
4
Cerlif i c ati o n of D o c u m ent' s A uth e nti c ity
AIA@ Document D401rM - 2003
I, , hereby certiff, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with its associated Additions and Deletions Report and this certification at 08:15:01 ET on 0410312024
under Order N o.3104239382 fromAIA Contract Documents software and that in preparing the attached final
document I made no changes to the original text of AIA@ Document A101rM -2017, Standard Form of Agreement
Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than those additions and
deletions shown in the associated Additions and Deletions Report'
(Signed)
€itle)
(Dated)
AIA Document D401 - 2003. Copyright @ 1992 and 2003. All rights reserved. "The American lnstitute of Architects," "American lnstitute of Architects," "AlA," the AIA
Logo, and "AlA Conlract Documents-" are trademarks of The American lnstitute of Architects. This document was produced at 08:15:01 ET on 0410312024 under
OrderNo.3104239382whichexpireson l}tlot2o24,isnotforresale,islicensedforone-timeuseonly,andmayonlybeusedinaccordancewiththeAlAContract
Documents@ Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
user Notes: - (1464100981)
1
1
a, .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of:April 16, 2024
ITEM TITLE: Resolution authorizing a contract with Chervenell Construction
Company for the MLK Jr Park Eastside Pool Project 2745
SUBMITTED BY: Scott Schafer, Director of Public Works
Bill Preston, PE, City Engineer
*Ken Wilkinson, Park and Recreation Manager
SUMMARY EXPLANATION:
The MLK Jr. Park Eastside Pool Project 2745 will provide for a public Aquatic Center located in
east Yakima at MLK Jr. Park.
The City of Yakima (City) used the procedure established by Washington State law for the
bidding and awarding of public capital improvement project with Chervenell Construction
Company being selected to provide construction in the amount of $9,770,000 plus Washington
State Sales Tax(WSST), not to exceed $10,580,910.00.
The Contract has been enclosed for City Council review.
The project is funded by multiple sources, including state grants, ARPA funds, local funds, and private
donations.
As a reminder, as discussed during the April 9 Study Session, donations are timed to come in over
2024, 2025, and 2026, and there remains approximately $500,00 - $600,000 left to raise. From a
spending standpoint (spenddown), the project will be paid out over an approximate 14 month period.
Fundraising efforts, which have been quite successful to date, are expected continue and the goal of
the privately funded portion of the project is expected to be reached. In that money will flow into the
project a bit slower than the construction spenddown, the City will be required to advance City funds to
fill the gap toward the end of the spend down. This will be accomplished utilizing fund balance or an
interfund loan, to be paid back as the remaining are received. The City has sufficient resources to
accomplish this, however, can wait to develop an exact strategy until closer to the time of need when
more information is known.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
2
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution awarding the bid to Chervenell Construction Company.
ATTACHMENTS:
Description Upload Date Type
Resolution 4/12/2024 Resolution
a Contract 4/3/2024 Contract