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HomeMy WebLinkAbout*Other - Central ServicesMANOR GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Central Services REQUEST SUBMITTED BY: Tom Gaines CONTACT PERSON ATTENDING ROUNDTABLE: Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 5/8/24 PHONE: 3276 / / ��� ,/. // � moi,✓ �- ,� / Guaranteed administration building. Contract was written by a contracted attorney (Perkins & Coie), and approved by the PAO Amount not including "soft" costs is $131,561,370.00 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A DATE OF ACTION: Cr.5 -C ` APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: RAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase . ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County Ell -eases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB / / ��� ,/. // � moi,✓ �- ,� / Guaranteed administration building. Contract was written by a contracted attorney (Perkins & Coie), and approved by the PAO Amount not including "soft" costs is $131,561,370.00 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A DATE OF ACTION: Cr.5 -C ` APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: AIA Guaranteed Maximum Price Amendment - 2019 Exhibit A This Guaranteed Maximum Price Amendment #3 ("Amendment',dated the day of May in the year -2024, is incorporated into the accompanying AIA Document A133TM-2019,Standard. Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the Nineteenth day of December in the year 2022 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) New Grant County Jail & Law and Justice Building Remodel 35 C Street NW Ephrata WA 98823 THE OWNER: (Name, legal status, and address) Grant County 3 5 C Street NW PO Box 37 Ephrata. WA 98823 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Lydiz Construction, Inc. 11001 E Montgomery Dr Spokane Valley, WA 99206 Washington Contractor's License: LYDIGC*264JC TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a final Guaranteed Maximum Price. The Owner and the Construction Manager do not anticipate any further GMP amendments as this Amendment establishes an overall Guaranteed Maximum Price for the entirety of the Work. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price established herein is an amount that the Contract Sum shall not exeeed-exceed for the overall Project. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2017, 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. AIA Document A133 — 2019 Exhibit A. Copyright 0 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Init. " "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 14:27:11 Architects, g ET on 05/03/2024 under Order No.3104238397 which expires on 10/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1750364269) The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement. § A.1.1.1 The Contract Sum for the overall Project is guaranteed by the Construction Manager not to exceed �$--};-One Hundred Thirty -One Million Five Hundred Sixty -One Thousand Three Hundred Seventy Dollars ($131,561,370.00), subject to additions and deductions by Change Order as provided in the Contract Documents. This amount is inclusive of, and not in addition to, the initial GMP#1 and GMP#2 amounts. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, including allowances; the Construction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) Seethe May 2, 2024 Construction Manager letter re: Grant County Jail Complex, Guaranteed Maximum Price (GMP), and six listed backup documents (collectively, "Attachment 1 A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates A.1.1.5.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Alternate 1, Sheriff s Department See Attachment 1 § A.1.1.5.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance N/A N/A N/A § A.1.1.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) I See Attachment 1 ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of execution of this Amendment. I[ X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) May 28, 2024 If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. AIA Document A133 — 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Init. » „ 2 Architects, AIA, the AIA Logo, and AIA Contract Documents are trademarks of The American Institute of Architects. This document was produced at 14:27:11 ET on 05/03/2024 under Order No.3104238397 which expires on 10/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1750364269) § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ ] Not later than ( ) calendar days from the date of commencement of the Work. I [ X ] By the following date: May 22, 2026. § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date N/A N/A § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, ' ' .the Owner will sustain significant damage .. and loss as a result of such failure. The exact amount of such damages will be difficult to ascertain, therefore, the Owner and the Construction Manager agree as follows: If the Construction Manager fails to achieve Substantial Completion by the scheduled Substantial Completion date, and as otherwise required by the Contract Documents, the Owner shall be entitled to retain or recover from the Construction Manager, as liquidated damages, and not as a penalty, One Thousand Five Hundred Dollars ($1,500.00) per calendar dgX commencing upon the first day following the scheduled Substantial Completion date and continuing until the actual date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable pre -estimate of damages the Owner will incur as a result_ of delayed completion of the Work. The liquidated damages shall be Owner's sole and exclusive remedy for delay but does not compensate the Owner for damages not caused by dela ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract Documents and the following: A.3.1.1 The following Supplementary, and other Conditions of the Contract: Document Title Date Pages N/A N/A N/A N/A A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See Attachment 1. Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See Attachment 1. Number Title Date AIA Document A133 — 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Init. "" ,� 3 Architects, AIA, the AIA Logo, and AIA Contract Documents are trademarks of The American Institute of Architects. This document was produced at 14:27:11 ET on 05/03/2024 under Order No.3104238397 which expires on 10/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1750364269) § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner's and Construction Manager's roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages N/A N/A N/A Other identifying information: § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) tem Price See Attachment 1 See Attachment 1 § A.3.1.6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption and clarification.) N/A § A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) SeeAttachment 1. CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND ARTICLE A.4 SUPPLIERS § A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) See the A133 Agreement and Attachment 1. This Amendment to the AgreeTent entered into as of the day and year first written above. AVAi OWNS (Signat e) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) Init. AIA Document A133 —2019 Exhibit A. Copyright© 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:27:11 ET 4 on 05/03/2024 under Order No.3104238397 which expires on 10/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1750364269) Certification of Document's Authenticity AIAO Document D401 TM - 2003 19hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 14:27:11 ET on 05/03/2024 under Order No. 3104238397 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2019 Exhibit A, Guaranteed Maximum Price Amendment,other than changes shown in the attached final document by underscoring added text and striking over deleted text. AIA Document D401 — 2003. Copyright ©1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:27:11 ET on 05/03/2024 under Order No.3104238397 which expires on 10/21/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1750364269)