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Resolution No. 85-41 i l C11-Y OF TIGARD, OREGON RESOLUTION NO. 85 - 41 A RESOLUTION ESTABLISHING THE BASIS OF AWARD, AWARDING _­E CIVIC CENTER CONSTRUCTION PROJECT, AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN THE CONTRACT. WHEREAS, the Local Contract Review Board on May 13, 1985 established McCartney-Johnson a- a qualified bidder in Final Order No. 85-01 prior to bid opening; and WHEREAS, at the May 20, 1985 meeting of City Council it was decided not to use any of the deductive alternates; and WHFi REAS, McCartney-Johnson was the apparent low bidder for both the base bid and the base bid plus the substitution, as shown in Exhibit A, Bid Tally 3-,eet; and WHEREAS, at the June 10, 1985 meeting of City Council it was decided to include Substitution #1 -- variable volume temperature controls and remove Deduct #1 - paving; and WHEREAS, the Local Contract Review Board Rules require Council to authorize the Mayor or City Administrator to sign contracts greater than $15,000 for Council. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council. that: Section 1. McCartney-Johnson of Clackamas, Oregon is awarded the bid submitted on May 15, 1985 for the Tigard Civic Center Project at the following contract sums: a. The base bid of one million, seven hundred thirty three thousand, one dollars ($1,733,001), and b. The substitute bid for the variable volume temperature controls of twenty 'thousand, 'Five hundred fourteen dollars ($20,514), and C. A unit cost of twelve dollars ( 1?_.00) per cubic yard for removing and disposing off-site unsuitable subgrade material and replacing same with imported fill material, compacted in place. Section 2. Authorize the Mayor and the City Administrator to sign a contract as outlined -above with McCartney-Johnson, a copy of which is attached as Exhibit B. PASSED: This T� day of 1955. ayor - City of Tigard ATTEST: ./� A i deputy City Recorder - City of Tigard RESOLUTION NO. 85-41 JM/0877p S Tigard Civic Center Bid* Tally C? Bidder Base Bid Unit Alternates Price t`.'9 D-2 D-3 D-4 S-1 Berge Brothers "d d" q 1 a CIIZV / L-6-? s ,amo- Contractors, Inc. ou of ?00 oo 000 161 1) E. lee Robinson Construction / B cocoa' , Hyland & Sons, Inc. �Id X 7 oU o S'7 79vo C?06 Juhr Corporation "`!d l� /. - / .So / 215' V q/ 2,2 ba 1/'96- o JW Mills & Associates K Contractors 7 0 00 1,5- poo. o000 oo� / add McCartney/Johnson t !, 714{ y 5'8, a rr7 o . as OTYJ4 Construction add r a ! .s o 7� 14 Silco Construction a, o9Y ctdd X X Company / `7 9l ! S Uo 9 a40 B7C, s - 2 ood Slayden Construction —dd 7� it 7 ✓dS o oD 3.S 7 JVu fy 7vu oo / 00 o sato Thompson Construction 0.dd T x 7k8 J a - So 353 / iz/ai aoodo tWullftntf5ip, afchitect5 20815 S.W. 105TH AVE.,TUAL.ATIN, OR 97082 503/692.5065 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A701 i Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 (EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. yThis document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the t �-kA" day of s in the year of NineteenS Hundred and BETWEEN the Owner: CITY OF TIGARD, P. O. Box 23397 Tigard, Oregon 97223 and the Contractor: MCCARTNEY & JOHNSON, P. O. Box 185 Clackamas, Oregon 97015 The Project: TIGARD CIVIC CENTER The Architect: SMITH/DULL PARTNERSHIP, Architects 20915 SW 105th Avenue, Tualatin, Oregon 97062 The Owner and the Contractor agree as set forth below. copyright 1915,1918,192S,1937.1951,1958,T961.1963,1967,197-7. O 1977 by the America, Institute of Architects,1735 New — York Avenue,N.W..Washington,D.C.20006.Reproduction of the material herein or substantial quolatlOn of its provisions without permission of the AIA SioYates the c opYlight I.— of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - ELEVENTH EDITION - (UNE 1977 - AIA- 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS.1:15 NEW YORK AVE..NAV.WASI/INGT(7N, D.C. 20006 A101-1977 1 w. ARTICLE 7 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions (if the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement.These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.An enumeration of the Contract Documents appears in Article 7, ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for tale construction 1He,e rnsol the caption desc,ipwe of the Work as used nn the,contract Documents.) of the new Tigard Civic Center located at 13125 S. W. _:all Boulevard, Tigard, Oregon F ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date of written notice to _proceed and,subject to authorized adjustments, Suhstantial Completion shall be achieved not later than One hundred elc�ht�an(I8,0) calendar c�la�setating to if and fullx completed not ittore than 7 provisions for liquidatedp—on thirty (30) calendar days thereafter. Failure to meet the completion deadlines shall result in liquidated damages as provided by 5.23 in the General Crnditions in the Project Manual, which are incorporated as a part of this contract. AIA DOCUMENT A101 OWNER-CONTRACTOR AGREENUNT - ELEVENTH EDITION • JUNE 1977 - AIA- 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W..WASHINGTON, D.C.20006 A749-1977 2 1 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contract')' in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of One Million Seven Hundred Fifty—three Thousand Five Hundred Fifteen Dollars ($1,753,515.00) . The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates.and unit prices,as applicable.) 1. The base bid of $1,741,458.00, plus $20,514.00 for substitute alternate S1 for the variable volume temperature control system, less $8,457.00 for alternate Dl for a portion of the paving, for a total of $1,753.515.00. 2. A unit cost of $12.00 per cubic yard for the removal and replacement of unsuitable material per the Contract Documents as directed by the soils engineer. ARTICLE S PROGRESS PAYMENTS Based upon Applications for Pavment 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 pro- vided in the Contract Documents for the period ending the thirtieth (30th)day of the month as follows: Not later than thirty (30) days following the end of the period covered by the Application for Payment S ninety-five percent( 95 %)of the portion of the Contract Sum proper)y allocable to labor, materials and equipment Incorporated in the Work and ninety—five percent( 95 %)of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing,for the period covered by the Application for Payment,less the aggregate of previous payments made by the Owner;and upon Substantial Completion of the entire Work,a sum sufficient to increase the total payments to ninetl—five percent( 95 %.)of the Contract Sum,less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (ll not covered elsewhere in the Contract Documents,here insert any pros-ision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Pursuant to the Contract Documents and the Project Manual, Articles 9 and 15, the Contractor shall conform to the requirements of the document entitled "Prevailing Wage Rates for Public Works Contracts in Oregon" and shall submit notarized certificates with each application for payment that minimum wage rates have been paid by the Contractor and each Subcontractor. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below,or in the absence thereof,at the legal rate prevailing at the place of the Project. (Here insert any rate of in,erest agreed upon.) The interest rate shall be the rate established by state statute. RIs ry la%,s and requirements ander the Federal Truth in tending Act,sinilar local c..nsu r edit I_,and other reSulatiom at the O.c•n , nd Conti tar's principal places of business,the location of the Project and els—h—,n ,afle them credit acidity of this provision.Specific legal advice should be obtained wilh respect to deletion,modificarion,or other requirements such as written 11—fosu1es or"11-11 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT ELEVENTH EDITION • JUNE 1977 • AIAO 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NAV..WASHINGTON, D.C.20006 Alol-1977 3 i I ARTICLE 6 FINAL PAYMENT Final payment, tgsentire balance trthe ob e paid fic the Owner to the Contrctohen the Workhabeencomplleld,te Contractfully performed, and finall Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions set forth in the Project Manual. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and,except for Modifications issued after execution of this Agreement,are enumerated as follows: (list below the Ag-111.1h,Conditions o!the Consracl(General, -dSupple—Ila h re dppficable.l di tions),the Drawings,the Spa cif-ii—,and any Addenda and accepted alternates showing page or sheet n�mbars in all cases an ares sv e 1. This Agreement and the Contract Documents, including: a A21f,1ng SS1drawings S1throughbSred 11,Al, LA1 M1 through M5hand7ElAthrough through E8, Il through I10. b. The Project Manual, including Divisions 0 through 10, 15 and 16; C. Addendum 1, 2 and 3; and 2. The Completed Bid/Tender form and bid documents submitted by Contractor; and 3. The Performance Bond and the Labor and Materials Bond, and othersubmittals required by the Project Manual in Division 01300, prior to the issuance of the Notice to Proceed. 4• The General Conditions as entered into the record at the 3unre 10, 1985 City Council meeting, revising the General Conditions in the bid document dated April, 1985. APPROVED A''S�� TO FORM: othy v. m> City Attorney This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR � T AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREUMENT ELEVENTH EDITION )UNE )977 AIA- JUNE AIOI-1977 4 (01977 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW FORK AVE., N.W., WASHINGTON,D.C.2000G