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HomeMy WebLinkAboutResolution - 2001-R0237 - Contract To Renovate Citibus Building - Building Services, Inc. - 06/14/2001Resolution No. 2001-RO237 June 14, 2001 Item No. 64 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and Lubbock Building Services, Inc., for the renovation of Citibus' main building located at 801 Texas Avenue, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of June , 2001. wv j4i-- WINDY SI ON, MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: 10, Richard Burdine Assistant City Manager APPROVED AS TO FORM: William de de Haas Contract Manager/Attorney Dh/Ccdocs/LubbockBuildingServices.res June 1. 2001 No Text No Text T H E A M E R I C A N AIA Document A101 O F A R C H I T E C T S Resolution No. 2001-RO237 June 14, 2001 Item No. 64 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, 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. AGREEMENT made as of the 14th BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) day of June in the year of two thousand and one City of Lubbock/Citibus 801 Texas Avenue Lubbock, Texas 79401 Lubbock Building Services, Inc. 14302 S. Slide Road, Suite B Lubbock, Texas 79424 Lobby Rettovatiohs/Trainirig Room Renovations 801 Texas Avenue Lubbock, Texas 79401 Chapman Associates Architects 612 Broadway Lubbock, Texas 79401- The 9401 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. 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 be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 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; 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 Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Entire scope of work outlined in Construction Drawings dated May 5, 2001. No work is omitted from bid documents. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date 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 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 fixed in a notice to proceed.) Notice to Proceed shall be June 15, 2001. - Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than S e p t e m b e r 12 , 2 0 01 (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier substantial Completion of cer- tain portions of the Work, if not stated elsewbere in the Contract Documents.) , 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.) N/A AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 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 seventy two thousand four hundred and six and no/100 Dollars ($ 7&,406.00 ), subject to additions and deductions as provided in the Con- tractcuments. 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 until which that amount is valid.) N/A 4.3 Unit prices, if any, are as follows: N/A AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: No change. 5.3 Provided an Application for Payment is received by the Architect not later than the f i r s t day of a month, the Owner shall make payment to the Contractor not later than the f i r s t day of the next month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall. be made by the Owner not later than thirty days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 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 basis for reviewing the Contractor's Applications for Payment. 5.5 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. 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 total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of f i v e percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 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 f i v e percent ( 5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to f i v e percent( : 5 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Cuntractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Five percent retainage throughout construction contract. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE s FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the 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 the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: No change. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence 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.) local prevailing rate (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 principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: None. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAm • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 5, 2001 and are as follows: Document Title Table of Contents is attached. Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eitber list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Table of Contents is attached. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated May 5F 2001 unless a different date is shown below: (Eitber list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Al Demolition Plans A2 Furniture Module Plan A3 Details Plans; Finish Schedule A4 Training Room Plan and Section; Building Elevation 9.1.6 The addenda, if any, are as follows: Number Date Pages One fax memo sent to all bidders containing a revised Bid Proposal form. The addenda was issued on May 21, 2001. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AlA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contnict Documents are as follows: (List here any additional documents.mhicb are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed bere only if intended to be part of the Contract Documents.) No other 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 Owner. O ER CON CTOR 6/14/01 _ ' (Signature) DATE Si tune DATE Windy Sitton, Mayor Jerry Smith, President (Printed name and title) (Printed name and title) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. ATTEST. KelDecca Garza City Secretary APPROVED AS TO CONTENT: i rd ur ine Assistant City Manager APPROVED AS TO FORM: h�,a: �- k /off Willam de Haas Contract Manager _ 11/69 ._._ No Text No Text CITIbus 801 Texas Avenue Lubbock, Texas Lobby and Training Renovations May 2001 Chapman Associates Architects 612 Broadway Lubbock, Texas 79401 Resolution No. 2001-RO237 Rev.May 5.2WI Table of Contents Notice to Bidders Bidding Requirements and Conditions of the Contract Provided by Citibus: Invitation To Bid Bid Form Instructions To Bidders General Conditions Anti -Kickback Act Lobbying Act Tax Exemption Certificate Prevailing Wage Determination Standard Form of Agreement Between Owner and Contractor Application and Certificate For Payment Continuation Sheet Certificate of Substantial Completion Contractor's Affidavit of Payment of Debts and Claims Performance Bond Payment Bond TABLE OF CONTENTS AIA A101 AIA G702 AIA G703 AIA G704 AIA G706 TC - 1 I Rev. May 4. 2001 Division 1 General Requirements 01010 Summary of Work 01040 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities 01.600 Material and Equipment 01700 Contract Closeout Division 2 Site Work 02050 Demolition 02514 Concrete Curbs, Walks, and Paving Division 3 Concrete 03300 Concrete Work Division 4 Masonry 04300 Unit Masonry System Division 5 Metals 05500 Metal Fabrications Division 6 Wood and Plastic 06100 Rough Carpentry 06400 Architectural Millwork Division 7 Thermal and Moisture Protection 07213 Batt and Blanket niulat "on ,07900 Joint Sealers Division 8 Doors and Windows NONE IN THIS CONTRACT Division 9 Finishes 09260 Gypsum Board Systems 09650 Resilient Flooring 09688 Carpet - Glue Down 09900 Painting - Division 10 Specialties 10100 Markerboards and Tackboards TABLE OF CONTENTS TC - 2 I Division 11 Equipment 11132 Projection Screen Division 12 Furnishings 12610 Modular Furniture System Division 13 Special Construction NONE IN THIS CONTRACT Division 14 Convevine Svstems NONE IN THIS CONTRACT Division 15 Mechanical 15010 General Mechanical Provisions Division 16 Electrical 16010 General Electrical Provisions TABLE OF CONTENTS Rar.May 4. 2001 TC - 3 Prepared by Citibus for June 14, 2001 City Council Meeting Advertised: 05/06/01,05113/01, 05/20/01 MAIN BUILDING RENOVATION Approved Equals CITIBUS Closed: 05/22/01 ITS #1900 Qty U/M Contractor(s) Contractor Location Total Amount Lobby Renovationrrrainjng Room Renovation (801 Texas venue) J. L. Elliott Construction, Inc. Lubbock Building Services Danny Klein Construction, Inc. Wardroup & Associates, Inc. D&V Construction, Inc. Tommy Klein Construction, Inc. Knox, Gailey and Meador, Inc. Disqualified Bidder: Pharr and Company Page 1 of 1 Lubbock, TX $53,285.00 Lubbock, TX $72,406.00 Lubbock, TX $76,693.00 Lubbock, TX $76,868.00 Lubbock, TX $83,128.00 Lubbock, TX $88,570.00 Lubbock, TX $103,419.00 Lubbock, TX 612 Broadway Lubbock, Texas May 29, 2001 79401 806-797-3516 fax 749-1866 Mrs. Melinda Green Harvey, AICP Director of Service Development PO Box 2000 Lubbock, Texas 79457 Architecture Re: Citibus — CAA project # 1900 Construction Bids Interior Design Landscape Design Planning Dear Melinda, Please review the attached Bid Tabulation Sheet. I am pleased to find that the bids came in well below the available budget. Of the eight bidders, seven were viable proposals. The eighth bid was hand delivered to the wrong location and was therefore not considered. It is to be returned unopened, per the requirements of the Instructions to Bidders. In evaluating the bids it was discovered that bidder #1 inadvertently omitted the majority of the furniture from their bid. They have requested that their bid be withdrawn. See attached request. This leaves six viable bids from which to choose a General Contractor. The low bid within this group was from bidder #2, Lubbock Building Services, Inc.. It is my recommendation that this firm be selected to accomplish the Construction Phase of the project. I have spoken with Jerry Smith of Lubbock Building Services, Inc. and he is ready to execute an agreement. Si Marc Chaoroan, AIA I I i� I! 'i J.L. ]ELLIOTT C14rv+e. 8002 ABBEVILLE SUJJ7 E B LUBBOCK, TX 7941;4 (906)-794-6969 i; FAX- 7993474 ;I U."23/01. Chapamn .Associates Architects 612 Broadway Lubbock, TX 79401 ,i Dear Ladies and Gentlemen, ii We regret to inform, you thw, clue to an oversight conce�`-ri ng the plans and specifications, our firm is withdrawing its bid for the CitiBus Lobby ano Training Room Renovations. i We apologize fox tire inwnvex fence and hope to wcrk v�fith you on projects in the future. .i Thank vou, ii c " JiAei' $rY �i jl �I .i I i i' -,4, i i �i i. it