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HomeMy WebLinkAboutSpecial 2003-06-09 Item 4B - Discussion - Bid Opening for Foster Golf Course Clubhouse ConstructionI 6/9/03 I 6/9/03 CAS Number: 03-080 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): I Fund Source (if known): 03 Meeting Date 6/09/03 Initials Prepared by» Mayor's review I Council review R. Stillr}kl £iiS I -662 I I I I I I I I I 0a() Original Agenda Date: Foster Golf Links Clubhouse Contract Options Council Admin. Parks Recreation A discussion of the options available to the City Council regarding the Foster Golf Links Clubhouse Bid Opening. The Parks and Recreation Department will provide additional information under separate City Council Packets on June 9, 2003. Further Discussion at 6/9/03 Special Mtg. Same as Sponsor 411.00.594.760.62.19 Foster Golf Links is a Special Enterprise Fund. I No attachments ITEMNO. Special Mtg. 4(b) Number Bills That Have Passed and been Signed (or vetoed) by Governor this Session: (SB 5300) PW Trust Fund list HB 1063 Val Vue $1.3 M, Highline WD $750k SB 5409 Direct petition Annexation (HB 1231) Allows petition method. SB 5783 Streamlined Sales Tax study bill: we need final bill to (HB 1863) include compensation for cities that lose money Local Option Fuel Tax SB 5247 RTID (local)gas tax up to 10% of state tax instead of 100 currently allowed SB 5855 Adopt I -Code version of Building code (HB 1734) SB 5632 Utility Relocations to be paid by rail system if they disturb the routing of lines SB 5787 Port- sponsored bill to delete some environmental (HB 1876) requirements SB 5364 (HB 1281) SB 5307 SB 5728 HB 1376 SB 5531 SB 5370 Mandate Zoning for Manufactured Housing by 2004 SB 5033 Establishing a state 'do not call' list for phone sales SB 5047 Limiting sexual offender housing to manufacturing areas SB 5069 (HB 1047) SB 5151 SB 5668 SB 5689 SB 5815 SB 5899 1 SB 5536 Title 2003 Senate Bills June 9, 2003 Bills That Can Possibly Pass (reintroduced May 12) But Have a Poor Chance now Tax increment financing for revitalization areas Credit against area's state share of sales tax Requires issuance of project permits within 120 days Tort Reform with local government civil liability I Allows collection of storm water in barrels (3`" runway issue) Extend high tech research development tax deferrals W/S District Assumption Makes assumption of part of dist. more difficult Open Public Mts. Agencies post agendas 72 hours ahead for sp. reg mts; emergency exceptions allowed. Hotel Lodging tax bill requires 75% of be spent each year; tourism committee decides much spending Requires interlocal agreement between city county re revenue sharing issues before annexations can go on. Mosquito abatement authority Requires consultations an study of abatement methods Limit PUDs from deploying broadband telecommunications; 1" step in preventing same in cities Condominium construction liability law Status 1 Passed both Houses; governor signed Passed Senate House; governor signed Passed Senate House governor No signed Passed Senate House; governor signed I Passed House Senate governor signed 1 Passed both Houses; governor vetoed I Substitute Passed Senate House governor signed Passed Senate House Rules ready for vote June 5 Passed Senate House Rules June 5 Substitute bill passed Senate; House Rules June 4 Passed Senate; House Rules June 4 Passed Senate; House Rules reintroduced June 4 Senate original committee; reintroduced No action since original committee; reintroduced Senate Rules X file; reintroduced Senate Rules X file; reintroduced No action from original committee; Reintroduced June 4 Senate Rules X file; reintroduced No action since original committee Reintroduced June 4 Senate Rules X file; reintroduced Rules 2 reading Senate; reintroduced Passed Senate; House Rules; Reintroduced Senate Rules June 4 RECEIVED JUN 0 9 2003 ITY OF TUKWILA CITY CLERK sup port Y? 1 I Y N l Y N N I N I N I Y IY N No N No! Y N CAS Number: Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Meeting Date COUNCIL AGENDA SYNOPSIS Initials ITEM NO. E l i Meeting Date Prepared by 1 Mayor's review Council review ECE!V E I I I I UN 0 9 2003 I YOF TUKWIL4, a:TY CLERK Original Agenda Date: Foster Golf Links Clubhouse Construction: Award of Contract Project Budget Council (Prior Authority on Project Basis) Parks Recreation Administration For approval, meeting of June 9, 2003. Following bid opening and "due diligence" review of bid submittals, contractor licenses, and background /reference qualifications, Parks and Recreation seeks to 1) award a construction contract to Wade Perrow Construction, LLC., for construction of the new Foster Golf Course Clubhouse; and 2) to establish the total construction project budget. (1) A contract award for clubhouse construction is sought in the amount of $3.044.768. (Bid amount $2,798,500 8.8% WSST $246,268.) -Ar(2) A total encumbrance for the clubhouse construction nroiect is sought at $3.349,245: adding to the contracted amount, provisions for an owner's construction contingency of $304, 477 10% of the total contract amount. Approve Resolution Sponsor: Parks Recreation Committee: Administration: Same as sponsor. Cost Impact (if ]mown): $3,349,245 ($2,798,500 (bid) $246,268 (8.8% tax)+ $304,477 (10 Contingency) I Fund Source (if known): 411.00.594.760.62.19 (Bonds by Finance) 6qO 3" 0'46 :4'0 .V% Action Meeting Date I Attachments Contract Form (From Project Manual) Bid Result Tabulation at Bid Opening Informational Memo from Owner's Representative Sweeney (Bid Result Due Diligence) A CITY E TO CITY C Olga GOLF LIDS BID OP Eg1ING Ma y 23, 2003_ 2:30 Pit TI UTE P. RIO AWAR T COMS IT Wad P. RI 7AO3. THE LOWIN GDp£5� Y. MaY t Clerical nap Anb3/4,21________------packages ware i�ITOIS PAts gal O/i SF,C11ATr'(8ID IE%AT5Wp1.EbT TSMEBID aA NDUM 1 MorE$' TS O W.W 5 ��.,p,����� Is 5001" mt o 'Sbv.N. ES mo or. 1 -lATES. 1.57 yE5 3 a5'� e A T u r tI rrt OODIEMO CDC COS5RoCil 501015 RTES. EFIFRE ASS Aa T£ ALTERW WEA N" WATE 19 on 2W. ty I4V00 1230'00 1Bd�M a 1� 2.700. 0^. and a within bud s pa rearentu a bid above aS Them REPOSES(ANY *mites M or opening. DO NO other/else. D ATED this 21.51 day of May, maker, CML cePaty ty Clerk Sob M ek ea e 1e Pre� M r Sweeney at.206.287.7685 se Wtth Q��'to 1997 Edition Electronic Format AIA Document A1O1 -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor: (Name, address and other information) The Project is: (Name and location) The Architect is: (Name, address and otherinformation) 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 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 COMPL 3.1 The date of commencement of th W ork shall be the date of thi AC-::= nt -unless-a- differettt�ete is steted Imo° provisi .:ode- fee -6he date -te -be fut d i x a the notice to proceed issued by the Owner. (Insert the date of commencement ifit differs ham the date of this Agreement or, if applicable, state that the date wi/l be fixed in a notice to proceed.) 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: C 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ID 1997 Dy Tne 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. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02- 02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003 1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006 -5292 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 days from the date of commencement, 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 Work.) 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) 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 Dollars is 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. lfdecisions on other alternates an to he made by the 0 for each and the date when that amount expires) wner subsequent to the execution ofthis Agreement, attach a schedule of such other alternates showing the amount modified 4.3 Unit prices, if any, are as follows: 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, oral ellews: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the 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 days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values e s 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. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ID 1997 ay Tne American Institute or 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. WARNING: Unlicensed photocopying violates U5 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003. 2 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING ALA DOCUMENT D401. 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 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A1O1 -1997 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 5.1.5 Applications for Payment shall indicate the percentage of completion of each 1735 New York Avenue, N.W. portion of the Work as of the end of the period covered by the Application for Payment. Washington D C 20006 -5292 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 A2o1 -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 Flve percent 5 .3 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 A2o1 -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 Architect's estimate of value for anv unsettled claims; and (Subparagraph 9.8.5 of AIA Document Azor -1997 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurely, 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 accordance with Subparagraph 9.10.3 of AIA Document A2o1 -1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.x61 and 5.x6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) No reduction or limitation shall be allowed 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 provided in Subparagraph 12.2.2 of AIA Document A2o1 -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. 1915, 1918, 1925, 193/, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1997 Dy Tne American Institute or 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. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003 3 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 AIA DOCUMENT D401. 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. a 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 5292 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: 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 A2o1 -1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2o1 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1- 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 payment is due at the rate stated below, or in the absence from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ifany) 7.4 The Contractor's representative is: (Name, address and other information) shall bear interest from the date thereof, at the legal rate prevailing Usury Jaws 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 validityofthis provision. Legal advice should be obtained with respect to de)etions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and otherinformafion) 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: 7 6.1 Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement. except as exnressly provided in this Aoreement 7 6 2 Counterparts. This Aoreement is executed in three (31 identical countemarts. by the parties. each of which shall for all oumoses be deemed an on� inal. 7.6.3 Attorney's Fees. In the event litigation is commenced to enforce this Agreement. the prevailing natty shall be entitled to recover its costs. includinc reasonable attomev's and exnert witness fees. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Alm-1997. 0 1915, 1918, 1925, 1931, 1951, 1958, 1961, 1963, 1967, 19/4, 1977, 1987, 0 B97 oy Tne American Institute or 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. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 521/2003 AIA License Number 1011213, which expires on 8/31/2003 4 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1 -1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document 8.1.4 The Specifications are those contained in the Project Manual Subparagraph 8.1.3, and are as follows: (Either list the Specifications here orreferto an exhibit attached to this Agreement) Section 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eilherhsl the Drawings here orreferto an exhibit attached to this Agreement) Number Title 8.1.6 The Addenda, if any, are as follows: Number Title Pages Title Pages Date Date Pages 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 am 'blended to form pail of the Contract Documents. AIA Document Any- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not pad of the Contract Documents unless enumerated in this Agreement They should be listed here on&ifintended to be pad ofthe Contract Documents.) Invitation to Bid: Bidder's Bid Submittal and all documents therein: Instructions to Bidders: Required bid forms. 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. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, Ci 1997 oy Tne 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. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31/2003. 5 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN dated as in ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 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. 01997 AIA® AIA DOCUMENT A101 -1997 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington D C 20006 5292 OWNER (Signature) (Printed name and title) (Punted name and title) Owner Attest: This day of 10 CONTRACTOR (Signature) Contractor Attest:_ This day of 20 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH City Clerk RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA AOnroved as to Form: Contractors License No. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A20I -1997, General City Attomev Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other Address for aivino notices (Owner): Address for oivin0 notices (Conti. general conditions udess this document is modified. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1997 Dy Tne 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. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: A101 BLANK CONTRACT FOSTER 12- 02-02.AIA 5/21/2003. AIA License Number 1011213, which expires on 8/31 /2003. 6 This document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A101 OWNER CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 TO: FROM: DATE: SUBJECT: MEMORANDUM BACKGROUND RECEIVED JuN 0 9 2003 Mayor Steve Mullet Members of the City Council CITY OF TUKWI CITY CLERK Mike Sweeney, Parks Rec., Owner's Representative; Foster Golf Projects (With concurrence, Parks Recreation Administration, City Attorney's Office) June 9, 2003 Foster Clubhouse. Proiect 89 -BG09 -GOLF 03 -02 1) Award of Construction Contract 2) Approval of Clubhouse Project Budget Encumbrance RECOMMENDATION: 1. Award of Contract: Staff recommends the Award of Contract to Wade Perrow Construction, LLC.; of Gig Harbor, Washington, in the amount of $3,044,768. (This sum reflects the contractor's bid amount of $2,798,500, 8.8% Washington State Sales Tax in the amount of $246,268.) Wade Perrow is recommended to council as the most responsive and responsible lowest bidder. 2. Total Proiect Budget Encumbrance: Staff recommends that in addition to the contract sum awarded the general contractor that we, as the owner, retain a 10% project contingency. The contingent amount is therefore $304,447. The sum of the construction contract award (above) and the project contingency is $3,349,245. Staff seeks that council authorize a clubhouse construction project encumbrance of $3,349,245. Bid Related The Parks and Recreation Department legally published a "Call for Bids" seeking bids from general contractors for the construction of the Foster Golf Links Clubhouse Project Number 89 -B009 -GOLF 03- 02. Six sealed bids were received on May 21, 2003 and were publicly read by the City Clerk. The apparent low bidder (bids not including tax) was CDK Construction Services Inc., of Duvall (CDK), in the amount of $2,718,000; the second low bidder was Wade Perrow Construction, LLC., of Gig Harbor (WPC), in the amount of $2,798,500; the third low bidder was Synergy Construction, Inc. (Woodinville), in the amount of $2,810,000. The bids advanced by all bidders (with an immaterial correction offered by a bidder not affecting the order of the three low bidders) ranged from $2,718,000 to $3,325,500. The bid amounts advanced by the three lowest bidders differed by $92,000 a differential of less than 3.4 The project architect's range of estimated construction cost was between $2,500,000 and $2,750,000. The highest bid amount submitted by the three lowest bidders is within 2.2% of the architect's high range. The architect's fixed estimate of construction cost was $2,605,105. All bids exceeded that estimate. Clear explanation for all bids exceeding that estimate is not possible and can only be speculated upon. The project team deliberated project cost reduction measures. The rejection of bids, re- bidding, and possible cost reduction by altering/eliminating design measures, eliminating the water feature, eliminating the owner's representative position, minimizing the project's contingency, and substituting lesser products, materials and/or equipment were amongst the topics deliberated. For matters of time, for coordination with next year's planned course and facility operations, for certain known and other potential cost increases incurred by these choices, the decision was made to proceed with the "due diligence" examination of bid documents, licensing, and contractor qualifications. The position was taken that we should not alter the project's path, and make funding work to the extent possible. Due Diligence Related The due diligence process was undertaken concurrently with the two apparent low bidders, and would have been initiated for the third if it had been required. In examining bid submittals for the apparent low bidder, CDK, questions arose regarding 1) contractor licensing, 2) quantity of references provided for projects of similar scope during the past five years; 3) liens related to projects during the past five years; 1 4) civil proceedings involving the firm as a defendant or plaintiff during the past five years; 5) computations relating to percentage of work to be done by contractor's own forces, major and minor subcontractors; 6) a prior subcontractors license; 7) Washington State Insurance Commissioner authorized insurer status; and 8) prior experience with proposed major subcontractor's. On May 23' a letter was mailed and faxed to the President of CDK seeking written clarification to those questions that arose involving the 8 issues above. On May 29 CDK replied by fax. As a result of their response, and following legal consultation, many of the issues that prompted questions were accepted or waived as informality, with one excention. On page two of the RBDF form the question asked: "Within the past five (5) years has your firm (and/or its officers) under its present or former name(s) initiated legal action or acted as defendant in any civil or criminal legal proceeding. If yes, identify the court of jurisdiction, nature of claim or action, status of action as pending or closed; or if closed inform of the finding(s)/award/outcome." (emphasis added) The answer "NO" was provided by CDK and was handwritten into the blank on the form The "Responsible Bidder Determination Form" (RBDF) submitted by CDK (and all bidders) is a part of the formal bid package. It requires execution, under penalty of perlury by the contractor/bidder's signatory authority. In CDK's bid submittal it was signed by the President of CDK and dated May 21 2003. King County Superior Court records indicate that two cases exist and remain active in which CDK has been served as a named defendant and Cameron D. Foster of CDK has filed "Notice of Appearances" as legal counsel in behalf of CDK in both cases. These cases were filed on October 17. 2002 and April 24 2003. They reflect that CDK is a named defendant in Leval proceedings and both records are within the past five years. Within CDK's reply (which is not signed by its author) to my letter that sought written clarification of questions posed by CDK's bid submittals, the author stated in writing that "CDK is currently in two legal matters and further explains CDK's role in them. CDK's "NO" response to the above question on the RBDF constitutes a material misrepresentation of fact within the bid documents. Their bid documents, as a result of the "NO" answer, is therefore unreliable and cannot be considered responsible or responsive. A contract must be awarded to the most responsive and responsible lowest bidder. Having determined that CDK submitted a bid that contained a material misrepresentation of fact, I then completed the due diligence inquiry for the 2' low bidder Wade Perrow Construction LLC., (WPC) Now having applied the same "due diligence" standards in the examination of WPC's bid submittals, licenses, and qualifications to the same extent as that conducted for CDK I find no compelling reason to reject WPC as the project's general contractor. I believe WPC represents a most responsive and responsible lowest bidder. From the same sources applied to CDK, I have been informed that no court records exist within the past five years in King, Pierce, Snohomish, or Thurston Counties, in which Wade-Perrow is identified as a plaintiff or defendant. ectfully, M.P. Sweeney; Owner's Repr sentative (Page 2 of 2 pages) City of Tukwila Parks Rec eation Department Foster Golf Course Projects 2