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HomeMy WebLinkAboutChervenell Construction Company - Fire Station No. 83 Construction Agreement (Project No. CP5FR231983)• !nit \.~~l Al.A Document A 1 Of" -2017 []ORIGINAL Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty-first day of February in the year Two Thousand and Twenty (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other iriformation) City of Pasco 525 North 3rd Ave Pasco, WA 99301 and the Contractor: (Name, legal status, address and other information) Chervenell Construction Company 7511 W. Arrowhead, Suite B Kennewick, WA 99336 for the following Project: (Name, location and detailed description) Satellite Fire Station 83 City of Pasco 7510 Sandifur Parkway Pasco, WA 99301 The Architect: (Name, legal status, address and other information) TCA Architecture Planning Inc. 6211 Roosevelt Way NE Seattle, WA 98115 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. The parties should complete A101 ™-2017, 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 modified. AIA DocumentA101TII -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 19B7, 1991, 1997, 2007 and 2017 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 produced by AIA software at 13:40:29 ET on 02/20/2020 under Order No.6895345522 which expires on 10/03/2020, and is not for resale. User Notes: (959853634) 1 lnlt 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 a MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. (Paragraphs deleted) ARTICLE 2 THE WORK OF THIS ENTIRE 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 as follows: (Paragraph deleted) Work shall commence as stated in the Owner's Notice to Proceed. (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). The date of commencement will be fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ X ] Not later than Three hundred and sixty five ( 365) calendar days from the date of commencement of the Work. [ ] By the following date: AIA Document A101 no -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 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 wlll be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:40:29 ET on 02/20/2020 under Order No.6895345522 which expires on 10/03/2020, and is not for resale. User Notes: (959853634) 2 lnil (Table deleted) (Paragraph deleted) § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be four million, three hundred fifty-six thousand, seven hundred fifty dollars ($ 4,356,750.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item None Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item None § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Allowance No. 1: Exterior Signage Allowance No. 2 Interior Signage § 4.4 Unit prices, if any: Price Conditions for Acceptance Price $1,500.00 $3,500.00 (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Unit Price I: § 4.5 Liquidated damages, if any: Units and Limitations Unsuitable Soils (Insert terms and conditions for liquidated damages, if any.) Price per Unit ($0.00) $12.00/bank cubic yard Liquidated damages shall be in the amount of $1,070.00 per calendar day beyond the allowed contract time that substantial completion is not attained. §4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) (Paragraphs deleted) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact iriformation of the Initial Decision Maker, if other than the Architect.) AIA Document A101"' -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 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 produced by AIA software at 13:40:29 ET on 02/20/2020 under Order No.6895345522 which expires on 10/03/2020, and is not for resale. User Notes: (959853634) 3 lnil § 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.) [ X ] Arbitration pursuant to Section 15 .4 of AIA Document A201-2017 Litigation in a court of competent jurisdiction Other (Specify) 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. (Paragraphs deleted) § 8.2 The Owner's representative: (Name, address, email address, and other information) Owner's Contact: Fire Chief Bob Gear Address: 1011 E Aidsworth St Pasco, WA 99301 Owner's Representative: Strategic Construction Management, Inc. 5426 N. Rd. 68, Suite D Box #246 Pasco, WA 99301 Contact: David L. Robison Phone: 509-378-5044 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Brandon Mayfield 7511 W Arrowhead, Suite B Kennewick, WA 99336 bmayfield@chervenell.com § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. (Paragraphs deleted) § 8.7 Other provisions: None ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: AIA Document A101™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 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 produced by AIA software at 13:40:29 ET on 02/20/2020 under Order No.6895345522 which expires on 10/03/2020, and is not for resale. User Notes: (959853634) 4 lnlt. .1 AIA Document AIO 1TM...2017, Standard Forni of Agreement Between Owner and Contractor .2 AJA Document A201TM...2017, General Conditions of the Contract for Construction (Paragraph deleted) .3 The other Conditions of the Contract are those contained in the latest version of the Project Manual for Satellite Fire Station 83 and all documents reference therein together with all Addenda issued prior to the Bid Date . . 5 Drawings (Row deleted) Title of Drawings Exhibit: Drawings as issued for Bid or modified by subsequent addenda. Refer to the sheet index on Drawing T 1.1 issued for bid . . 6 Specifications .7 Specifications The Specifications are those contained in the Project Manual as described in Section 9.1.3 and below: Title of Specifications Exhibit: Specification Divisions O I through 33 as included in the Project Manual issued for Bid or as modified by subsequent addenda. Refer to the Table of Contents found in the Project Manual issued for Bid. Addenda, if any: Number Date Pages Addenda 1 01/17/2020 55 Addenda2 01/24/2020 26 Addeuda3 02/03/2020 54 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9 . . 8 Other Exhibits: (Check all boxes that apply and include app,-opriate i1iformatio11 identifying the exhibit where required.) (Table deleted)(Paragraphs deleted) (Paragraphs deleted) .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AJA Document A201™-2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. t>°'~ 1.-®o-e\ \ ~ Ci~ rn®°'q:e(' (Printed name and title) (Printed name and title) AIA Document A101"' -2017. CopyrlghtC 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thia AIA• Document Is protacted by U.S. Copyright Law and lntem•tlonal Trutlu. Unauthorized reproduction or distribution of this AIA• Document, or any portion of It, may reault In severe clvU and criminal penalties, and will be proHcuted to the maximum extent poaslbl• under the law. This document was produced by AIA software at 13:40:29 ET on 02/20/2020 under Order No.6895345522 which expires on 10/03/2020, and Is not for resale. User Notes: {959853634) 5