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Home My WebLink About2002-167 Agrmt - Billings & CronnThe American Institute of Architects AIA Document AIO1 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS D()CUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 198- Editl'on o./AIA Documott A2Ol. General Conditions q/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 ha~s been approved and endorsed by The Associated General Contractors of America. AGREEMENT madc as of thc 19th ctayof September, 2002 BETWEEN thc Owner: City of Ashland (Name a,,cl address) 20 East Main Street Ashland, Oregon 97520 and the Contractor: Billings and Cronn Co. (,5'.,,,(, .,,(/.aa,.,,.~.,-; 2340 S.E. G1 adstone #100 Portland, Oregon 97202 The Project is: Historic Plaster Restoration, Ashland Public Library (Name alld ThcArchitcct is: SERA Architects P.C. (x.,,,. .,.z .ua,..., 123 N.W. Second Avenue Portland. Oregon 97209 ~ ~q~}t'ighI l')lq, it) IS. 1925, 1')5-, 19SI, It)qB, 1901, 1903, 190~, 1974, 19"7, ~1987 by Thc American Institute ()1 Archi- tccts, 1"35 Ncx~ York Axcnuc, N.W, XVashington, I).C 2(10()6. Rcprt}duc'tion ()f thc material herein or substantial quotation its provisi()ns without writlcn i~crlmssi()n of It~t' AIA viol:tlcs thc copyright laws of thc {ltlJlcd States and will bc subjc'cl 1o k'gal pl't )sc('tll 1()1~ ' DOCUMENT AIO~ · ()~'NER ( ()NTRA(I()R A(;RILI'~MI{NT · 'IXVILI.I:TI{ EI)I'I'I()N · AiA~ . ¢~19N~ TIII:AMI(RI(:AN/N~'I['II 'I'I.:()I. AR( IJ'l':('l'%. I-~% NI(XX Y()RK AVI'iNI I..NW. ~'ASIIIN(;'I'()N [)C 2(}{}{~, A~01-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS Thc 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; 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 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire '\X/ork described in the Contract Documents, except to the extent specifically indicated in tt~c (~ot~tl':lcl I)()cumcIlls 1(I be thc responsil-fility of others, <>r as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 Thc {.late of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be f'Lxed in a notice to proceed issued by the Owner. fl*l,~crt Iht' dcih' O/ ( (~lllnleltc(,tlletlt. i/ t't dr[]ers [1-oral llle dill{, ~!/ this Agrect*lelll or, iJ applicable, state that the date till/ he fixed Dt a Ilotice to proceed.) Unless thc date of commencement is cst:d, lished by a notice to proceed issued by the Owner, the Contractor shall notify thc 3.2 Thc ( X)mractor shall achieve Substantial Completion of thc entire Work not later than s-ix (6) weeks from the ~0t'ice to Proceed ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of not to exceed one hundred five thousand seven hundred twenty five Dollars ($ 105,725.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.~1 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 ru~mbers or other identification of accepted alternates. If decisions on other alternates are to be made b}' the Owner subsequent to th(' e.x'ecutum ~/ II, is Agreement. attach a schedule of such other altert;ates sbou,ing the amount for each arid the date until whid'h that amount is t,alld ) 4.3 Unit prices, if any, are as ~llows: Exterior Plaster Restoration - $35.00 Interior Plaster Restoration - $]5.00 AIA DOCUMENT Al01 · ()WNER ({)NI'I,~A( I()R A(;i,~t I.:MI!NrF · '1"0; l!lY'lll EI)II'I()N · AIA°' * (C~,lON- IIIF'~.M[I{I( ANIN'~[I"II It'(:'I:AR(;IIII[-{iI'~. I-'~%NI-.\X Y()RKA\I'.NI'I{.N\',; .\x. ASlllN(;i()N.[)( 21}o(1(~ A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by thc Architc~ct, the Owner shall make progress payments on account of the Contract Sum to thc Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on thc last day of thc month, or a~s follows: 5.3 Pr(widcd an Application for Payment is received by tlnc Architect not later than thc tenth ('l 0th) day ()f a month, the ()wrier shall make pavnqent to the Contractor not latc'r than ~-~x x x xx x x x xx x x x x x xx xx xx x x xx xx x~'x(Xx~ x x x x x x x x x ~x~xX~R~ Rx~x~ ~x~gx~ ~gx~w xxxxxxxxxx~mk~~mx~zx~x~k~,x~xfl~mxx per ORS 279.435. 5.4 Each Application for Payment shall bc based upon the Schedule of Values submitted by thc Contractor in accordance with tine Contract I)ocuments. The Schedule of Values shall allocate thc entire Contract Sum among thc various portions of thc Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule. unless objected to by the Architect, shall be used as a b~is for reviewing the Contractor's Applications for Payment. fi.$ Applications for Payment shall indicate the percentage of completion of each portion of the Work ms of the end of the period covered by the Application for Payment. ~,6 SubWct ti) thc provisioBs t)f thc Contract l)OCtllllClltS, tine amount ()f each progress payment shall he computed as follows: Schedule ()f Values, less rctainagc of fSve percent ( 5 %). Pending final determination of cost to thc Ownc~ of c'hangcs in thc Wt~rk, amounts not in dispute may bc included as provided in Subparagraph 7.3 w of thc General Conditions even though thc Contract Sum h:m not yet been adjustc~l by Change Order: $.~.~ Add that portk)n of the Contract Sum properly Mlocable to materiMs m~d equipment delivered ~d suitably stored at the site fi)r subsequent incorporation in the completed constructkm (or, if apt)roved in advmce by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( [ %); ~.~.~ Subtract the a~regate of previous payments made by the Owner: and ~.~.~ Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment ~ provided in Para- graph t~.5 of the General Conditions, k'l FCLII)] St :lilt'CS: ~.T.] Add, upon SubstantiM Completion of the Work, a sum sufficient to incre~e thc tot~ payments to one hundred percent ( ] 00 %) of the Contract Sum, less such ~ounts as the Mchitect shall determine for incomplete Work ~d unsettled claims; and 5.7.2 Add, if final c(m~pletion of thc Work is thereafter materially delayed thr()ugh no fault of thc Contractor, any additional amounts pay:d01e in acc()rdancc with Subparagraph 9.10.3 ()f thc General Conditions. 5.8 Rcduclit)la ()r limitation ()f rctainage, if anx. shall bc as AIA DOCUMENT A101 · (}~'NI{I,{ (i()NIR,\('I()I.{ A(iI'H I.L".II/NT ° 'l"&'lLl.I.'l'll II)ll[()X · ,'..IA" · c i(,iH~ IliI'AMIb[I(.\NINSlIII II.~()I.M~(iIIIII.XiIS I~,SNI.\\ '~()RKA\I'iNtI{.Ng\ \\V',tlf'x(;I'{)N I)( 2(~(r, A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid halance of thc Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract h;Ls been fully performed hy the Contractor except for the Contractor's responsibility to correct nonconforming Work ms provided in Subparagraph 12.2.2 of thc General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by thc Owner not more than 30 days after thc issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS crcnct' ~ctcrs to that pr,)\ ~$~on as amended or st~pplcmcntcd by other prr)x'isions of tine Contract Documents. 7.2 Pit, I]/Cil15 duc and tHlpaid under [l~c (;ontract shall bear interest from thc date payment is due at the rate stated below, or in thc atoscncc thcrc()f, at thc 10gal rate prevailing from time to time at thc place where the Project is located. 7.3 ()thor provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 'lhc C~>[Hrac[ re:iv be' tcrt~inatcd by thc ()wtwr or thc C{)lltract(>r :ts p['~)vidccl in Article l,i (ff thc (;cneral Conditions. 8.2 Thc \X'~lrk may bc stlspc~/dt:d b\' thc ()\vnet :Es pr{~x'idcd in Artic'lc l-t of thc (;oiler;il Conditions. AIA DOCUMENT A101 · (1',.\ '<}.l,{ (:()N'II.L',.( I'()R AGRliEMt{NI' · '['",X'EI.F'I[I EI)III()N · \lA" * ~c~198- I'lll{,\MIl'~l(..\NlXslilt II,~ll \R(~I{Ill( I'~ I~,qNI':XX'~t)I/K,,\k'I~Nt'I{,N\X:.\'<.XslIIN(;II~N I)(: 2()(l(U, A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 Thc Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A IO 1, 198-' Edition 9.1 .~} The General Conditions arc thc General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.:3 Thc Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August ']S~ 2002 , and are as follows: Document Title Pages Construction Set Project Manual Section Title Pages Construction Set Project Manual AIA DOCUMENT A101 · ()XXNER (;()NI'R.,\(:I'()R A(;RI':I':MI.:NI' · 'IWI'.'I.FTI{ Et)ITI()N * AIA*~ · :c;19~? ['ItI'AMI'RI(&NIN'-,TITI I't'()FAt,~(I III-X'I",. I~,C, NEx.X Y()RK&\.N .NXX '¢C,a.~,ItlN(;I()N.I)(i 2{IO(K~ A101-1987 6 9,1 ,S The Drawings are as follows, and are dated unless a different date is shown below: (Either h'st the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Refer to Drawing Index, Sheet A701, Ashland Public Library Drawings by the Architect and dated August 15, 2002 9.1.1~ The Addenda, if any, are as follows: Number Date Pages None Portions of Addcllda relating to bidding rcquJrcmcflts arc II()l part of thc {_]onlr;K't Documcllt,% unless thc bidding rc¢luircmcnts arc ;.tis() c'ntmlcrated in this Article 9. AIA DOOUMENT 1101 · ()',X'NER (X)NTRACT()R a,(;Ilt.~EMENI * T',X El,|:TII }.I)ITI()N * AI:X' Tilt{ P, MI'~Rli~AN INS, II'II"IE ()F^R(]IIII<CT5 l'~,q NI{~Xr Y()RK /\\'I.]NI~I.2, N '~V, \X'ASItlNG'I{)N I)C 2OO{u, A101-1987 7 g.l .? Other documents, if any, forming part of the Contract Documents are as follows: (Ltst here any additional documents u,hicb are intended toJor~n part oJ the Contract D(~'uments. 7~e General CDnditt'ons p~vi~ that bidding requirements such adt'ertixement or int,t'tatio~? to bid, IIL~lructt'cms to l~idderx, sample fo~s attd the Contractor's bid are not part (~ the Contract Dc<'umenls unless enumerated this Agreement. ThgI' s[loldd tie It',*ted here only (/intended to be part (~ the Contract l)ot'ltme~ts ) Attached letter to SERA Architects dated September 17, 2002, from Richard E. Cronn, Billings and Cronn Co. This ,,\grc'cment is entered into ;~s of tlK' clay and year first written ahc)vc :mci is cxcqutcd in at least three original copies of which one is u) lac dc'livcrcd t~) thc (Mmr:lc'tc)r. ~)nc it) thc Architect lk>r usc in thc aclnainistration of thc Contract, ;llld thc rCqlq:iilldor to thc )Xk Ilt'l' Lathing Plastering Prefab Wall Systems Dryvit Exterior Systems Cygnus Exterior Systems CCB#53129 -- 120 N T R A 12 T O R $-- BILLIC*34867 21340 $.E. GLAD$IONI= # '100 · I~ORIl_&NO, ORI::GON We are an Equal Opportunity Employer September 17, 2002 Sera Architects ATT Joe Pinzone 123 NW 2nd Ave Portland, OR 97209 As per your request we have prepared a fourth budget, this is in addition to our current proposal, for the lath and plaster repair work on the exterior and interior of the Ashland Historic Library project. This is provided after completing a site visit and walk through which revealed the actual site conditions in addition to the provided drawings. Our previous budget of $76,350.00 on a time and material not to exceed basis with the addition of unit prices for additional fQgLages needs to be revisited. This is to protect all parties as to what the actual costs could potentially become so no one is shocked and to avoid disputes. The following items are needed to be discussed to show the owner what is involved and the potential costs associated: Exterior: Base bid - $68,850.00 Site visit revealed an additional 125 square feet of patches $4,375.00. The sills on the North Elevation from keynote 7 are not a plaster patch situation but more of a form and pour concrete situation. Currently the concrete below the sill has deteriorated back 4" and down 4" plus to create the current void. This is not a plaster patch situation. The repair should consist of forming down to an engineered depth, possibly rodding with rebar to join the new and existing together, and then pouring concrete to fill the current void. This needs design, engineering and pricing. No work to be performed in the area to the right of alternate one. Lathing ~ Plastering Prefab l~all Systems Dryvit Exterior Systems Cygnus Exterior Systems FAX 503-235-0052 i iH.~5 aH POI'IH O. CCB#53129 --GONTRAI2TORS-- BILLIC*34867 2340 S.E. GLADSTONE # 100 · PORTLAND, OREGON 97202 We are an Equal Opportunity Employer Matching the current variations of textures will likely be unacceptable. As stated previously we will do our best with the available materials to match but there is no control of the current textures. The current building has a variety of textures within the textures and our work will more than likely be detectable visually. If a patch were deemed unacceptable it would require either the area to be reskimmed corner to corner in complete panel fashion, which would require the removal of the paint. The other option would be to furr, lath and plaster the area such as the process intended for the South Elevation. Either process would be at the expense of others. Billings and Cronn Company will do the best it can, but a patch is a patch. Interior: Base bid - $7,500.00 Site visit revealed actual work required on both floors would create a new budget of $32,500.00 to replace the current budget of $7,500.00. The split would be $11,000.00 for the work shown on the drawings and $21,500.00 other. It also revealed water damage to the paint and it is our opinion that the existing paint needs to be removed or the new paint will eventually fail due to bonding issues. For the basement area an option to be considered would be to furr the walls, install plaster baseboard then veneer plaster. This should provide a plaster finish to satisfy the historical value and provide and long lasting durable surface. Upstairs again the issue of matching texture will be a challenge. The current finishes and new consistent sand finish will be detectable as demonstrated by the current patching already performed. The walls are also far from flat and true and patching will only amplify that fact. Is paneling intended to be installed from floor to 7'v It is typically a smooth texture and can be patched as such. Recap of actual estimated costs: Base bid $76,350.00 Credit interior base bid $7,500.00 Total $68,850.00 Additional exterior patches $4,375.00 Interior base bid & added work $32,500.00 North elevation keynote 7 $?? $105,725.00 Lathing Plastering Prefab Wall Systems Dryvit Exterior Systems Cygnus Exterior Systems TEL 503-235-213 I FAX 503-235-0052 CCB~53129 B~LIC*34~7 2340 S.E. GLADSTONE ~ ~00 · PORTLAND, OREGON 97202 We are an Equal Opportunity Employer Base bid budget per Addendum 1 drawing: Base bid - 79,875.00 Exterior patches $35.00 per square foot with any hole larger than 1" constituting a square foot and a 15 square foot minimum. Interior patches $15.00 per square foot with any hole larger than 1" constituting a square foot and a 35 square foot minimum. Thank you for the opportunity to provide this budget. Please call with any questions you may have. Sincerely, Richard E. Cronn Billings and Cronn