Loading...
HomeMy WebLinkAbout2000-193 Agrmt - Meza ConstructionStandard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document A101-1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING DOCUMENT [M01 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the Twentieth day of October in the year of Two Thousand (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Ashland 20 East Main Street Ashland, Oreeon 97520-1814 and the Contractor (Name, address and other information) MEZA Construction Inc. P.O. Box 1884 Klamath Falls, Oregon 97601-0229 541-885-3814 The Project is: (Name and location) Calle' Guanaiuato Rastrooms, City of Ashland Project Number 004)7 51 Windburn Way Ashland, Oregon 97520 The Archilect is: (Name, address and other information) Berr~ Architects PC 460 East 2nd. Avenue Eugene, Oregon 97401 541-485-3970 The Owner and Contractor agree as follows. 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 AIA DOCUMENT Al01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-529Z WARNING: Unlicensed photocopying violates U.S. copyright laws and wilt subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproducmd without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page #1 Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fired in a notice to proceed.) October Fifteenth Two Thousand If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 140 days from the date of conunencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the World) One Hundred Forty days following date of commencement , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) N/A 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 Eighty Thousand Four Hundred Dollars ($180,400 ), 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 decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the ArcS!feet Owner not later than the Tenth (10th)day of a AIA DOCUMENT Al01 ~)WNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNKNG: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page #2 month, the Owner shall make payment to the Contractor ao~ later tkan s~h~. da)'~l~4h~- mcnt~. It~-a-~. A~!;.zat:,cn ~ Pa)'ment ~ Architect :ece~ve: *&e, -~v .............. s ........ Per ORS 279. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5_ %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %); 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 Paragraph 9.5 of AIA Document A201 - 1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 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 (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordaoce with Subparagraph 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (lf it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 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 ALS, DOCUMENT Al01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNiNG:Unlicensed photocopying violates U.S. copyrightlawsand will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced without violation until the date of expiration as noted below, Electronic Format A101-1997 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page #3 provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: As described in Article 5.1.3 Progress payments. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) N/A (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's prlncipal places of business, the location of the Project and elsewhere may affect the validity of thls provision. 12gal advice should be obtained with respect to deletions or modifications, and also regarding requirements such ox written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and other information) Pietar Smeenk, City Engineer 20 East Main Ashland, Oregon 97520-1814 541-552-2413 7.4 The Contractor's representative is: (Name, address and other information) LeeRo¥ Totten, Manager MEZA Construction Inc. P.O. Box 1884 Klamath Falls, Oregon 97601-0229 541-885-3814 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. AIA DOCUMENT Al01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDmON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page/44 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 17th, 2000, and are as follows: Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Reference Attachment "A", Table of Contents 8.'1 .$ The Drawings are as follows, and are dated May 17th, 2000 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Reference Attachment "B", "Drawing Index" 8.1.fi The Addenda, if any, are as follows: Number Date Pages Addendum #1 June 12, 2000 Two (2~ oases Addendum #2 June 28, 2000 Three (3) pages and Three (3) Drawing Sheets Addendum #3 July 7, 2000 Nine (9) pages and One (1) Drawing Sheet Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bi& Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They shauld he listed here anly if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Ownerj,~ (Printed name and title) I~ONTRA~2T6R (Signature) (Printed name and title) AIA DOCUMENT Al01 -O~FNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING:Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ALI. and can he reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page #5 Change Order AIA Document G701 - Electronic Format OWNER IX ] ARCHITECT IX ] CONTRACTOR [ X ] FIELD [ ] OTHER [ ] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION ~ AN A'ITORNEY IS ENCOURAGED ~ RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA IX)CUMENT [M01. PROJECT: (name, address) Calle' Guanaiuato Restrooms 51 Windburn Wa,/ Ashland, Oregon 97520 TO CONTRACTOR: (name, address) MEZA Construction Inc. P.O. Box 1884 Klamath Falls, Oregon 97601-0229 The Contract is changed as follows: CHANGE ORDER NUMBER: 01 DATE: October 20. 2000 ARCHITECT'S PROJECT NO: 0021 CONTRACT DATE: October 12, 2000 CONTRACT FOR: Reference Attachment "A", "Description of Deletions, Modifications, and Alterations t...~o th.__e building materials and systems",.dated October 6, 2000 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed maximum Price) was $ 180.400 Net change by previously authorized Change Orders $ 0 The (Contract Sum) ( -- ) prior to this Change Order was $ 180,400 The (Contract Sum) (G::ar~':~c~ M~':'.'::'.:-'= 75..'::) will be (increased) (~ec:'er~z.d) (::.nc~angc~) by this Change Order in the amount of $ 28,500 The new (Contract Sum) (C-'-a.~-~-':.'.eea-.."Y.=<:'..'x::m .~5..'::) including this Change Order will be $ 208,900 The Contract Time will be (!ncrcax:~) (__.::~aze~) (::nc~a.':gc~) by ( 0 ) days. The Date of Substantial Completion as of the date of this Change Order therefore is N/A NOTE: This sununaty does-aot reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. ARCHITECT Berry Architects PC Address 460 East Second Avenue Eugene, Oregon 97401 / DATE: /~ - ~.~ ' ~'~' ' CONTRACTOR MEZA Construction Inc. Address P.O. Box 1884 Klamath Falls, Oregon 9'~601-0229 OWNER City of Ashland Address 20 East Main Ashland_ Ore~an 975212-1814 DA AIA DOCUMENT G701 · CHANGE ORDER · 1987 EDITION * AIA · COPYRIGHT 1987 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. WARNING: Unlicensed photocopying violate* U.S. copyright laws and is subject to legal prosecution. This document was elecmmically produced with pennisalo~ of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format - G701-1987 User Document: CALLE -- 10/19/2000. AIA License Number 105283, which expires on 6/7/2001 -- Page #1 CALLE' GUANAJUATO RESTROOMS City of Ashland Project No. 00.07 CHANGE ORDER NUMBER 1 ARCHITECT'S PROJECT NUMBER 0021 Page 1 ATTACHMENT "A" "Description of Deletions, Modifications, and Alterations to building materials ands systems." Delete Roof over Trash #101 and Tallow #102 as described in contract documents. Reference sheets 1/A2.2, 2/A2.2, A/A4.1, B/A4.1, and wall sections A through D/A5.1. Provide wood or metal louvered roof system. Amhitect shall design and engineer wood or metal louvered roof system configuration and material selections. Delete associated roof drains (2), above and below grade piping, through wall sheet metal over flows, and associated flashing and counter flashing. Delete poured in place concrete bench. Reference sheets 1/A 1.1 and detail A/205. Provide retaining wall in lieu of concrete bench as per detail A/202 to maintain change in finish elevations of adjacent surfaces. Delete poured in place concrete stem walls and brick courses as described in contract documents. Reference sheets I/A2.1, I though 4/A3.1, sections A through D/A4.1, wall sections A through F/A5.1 and A5.2, and related details A J301, A/401 through 406. Provide CMU for replacement of deleted poured in place concrete stem wails. Amhitect shall provide revised masonry coursing and approve materials, CMU and Clay Structural unit finishes, and colors. Delete poured in place 8'-0" concrete west wail at Trash #101, Tallow #102, Men's Restroom #103, and Janitors #104. Provide alternative wall construction method with CMU and include drainage solution for existing retaining wall weep holes. Architect to provide alternatives for wail construction and drainage method. Contractor and City of Ashland m concur with method of construction prior to commencing with related work. Delete sliding gates at Trash Enclosure #101. Provide Swinging Gates, similar to swinging gate for Tallow #102. Reference Detail Sheet A J506. Provide shop drawings and hardware for Architects approval prior to fabrication and installation. Revise location of Steel pipe bollards on east outside placements to allow swing of gates to be at 90 degrees and act as gate stops. Delete "Kalwall" unit skylights from roof at Men's Toilet # 103 and Women's Toilet # 105. Delete associated Glu-Lam beam elements, fasteners, connectors, wood trims, and curbs. Contractor agrees to complete project in full per the contract documents without fuaher Constmction Change Directives or Change Orders that increase costs for work associated with any above grade related work. Additional costs due to unforeseeable adverse soil conditions will be considered subject to approval prior to incurring any associated cost. All changes shall be subject to the following procedures: A. Contractor shall submit rough sketches, material specifications, and or verbal descriptions of materials, systems, and methods to Architect. B. Architect shall submit redlines or alternative designs for preliminary approval by Contractor and Owner. CALLE' GUANAJUATO RESTROOMS City of Ashland Project No. 00.07 CHANGE ORDER NUMBER 1 ARCHITECT'S PROJECT NUMBER 0021 Page 2 C. Contractor shall verify that the Architects or Owners alternative materials, systems, and methods do not increase costs as described. D. The City Administrator shall determine which alternative(s) to approve. E. Architect shall submit changes to details as narrative or, as necessary, as sketches for incorporation into record documents. F. Contractor shall provide Record Drawings and Documents which describe and attach changes to details to the building record documents. CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: KARl OLSON fRBARA CHRISTENSEN SHARLENE STEPHENS DATE: PROJECT: JOB NO.: SUBJECT: NOVEMBER 2, 2000 CALLE RESTROOM CONSTRUCTION 2000-07 CONTRACT & REQUISIITON THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Kari - Please find attached one copy of the contract and the requisition form. Barbara- Please find attached one original copy of the contract for filing. Sharlene - Please find attached one copy of the contract for insurance purposes. ENCLOSED '~ UNDER SEPARATE COVER REMARKS: Thank you COPIES TO: Department of Public Works Engineering Depart..J2a~nt ny: r)awn Title: Admin{st~ive Secretary G:\pub-wrks\eng\dept-admin~ENGINEER~PROJECT~2000~2000-07 In house Contract NOT.doc  CITY OF ASHLAND 20 E MAIN ST. ~ ~ ASHLAND, OR 97520 ~. ~ (541) 488-5300 VENDOR: 003425 MEZA CONSTRUCTION INC 4401 HIGHWAY 39 PO BOX 1884 (97601) KLAMATH FALLS, OR 97603 FOB Point: Terms: Net Req. Del, Date: 10/15/00 Special Inst: SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: Pieter Smeenk - Engineering Confirming? No BLANKET PURCHASE ORDER Project 00-07~ Contract date: October 12, 2000~ Completion date: Substantial completion commencement October 20, 2000 9UBTOTAL 208,900.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 208,900.00 ASHLAND, OR 97520 E 675.08.44.00.704200 208,900.00 VENDOR COPY CITY OF ASHLAND REQUISITION Department: PUBLIC WORKS Vendor: MEZA CONSTRUCTION PO BOX 1884 KLAMATH FALLS OR 97601 541/885-3814 NO.: PW 305 Date: OCTOBER 31, 2000 Requested Delivery Date: Deliver To: Via: Account No.: 675.08.44.00.704200 *(Note: Please allow approximately two (2) weeks for delivery on items not generally carried or stored, and approximately two (2) months on printed jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. CALLE GUANAJUATO RESTROOM CONSTRUCTION PROJECT 00-07 $208,900.00 Job No. 2000-07 Unit No. I hereby certify that the ab~.g~te ms are necessai~ for thc operation of this department and are budgeted. ~' ~ ~ / - '~ ' x,.J ....Dep-~rt~etlt"FIead or Authorized Person Issued By Date Received By