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1999-07-29 - Agendas - Final
MEETING NOTICE The Advertising and Promotion Commission will meet on Thursday, July 29, 1999, at 2 :00 p.m. at the City Hall Council Chambers. ADVERTISING AND PROMOTION COMMISSION July 29, 1999 2 :00 p.m. City Hall Council Chambers I Call to Order H. Town Center A. Approval of contract for construction of Town Center - $7,346,408 B. Approval of change orders — increase $970, 162 to $8,316,570 C. Recommendation to City Council II. Adjourn • • WRMNBERG DELONY 6 DAVIDSON ARCHRECIS July 27, 1999 Ms. Marilyn Johnson A & P Commission City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Fayetteville Town Center A & P Commission Value Engineering Pricing Dear Marilyn: Attached is a recap of items from work with Nabholz Construction Company for a list of cost reductions from the bidding of the above project. This recap is a result of several previous lists and work with the apparent low bidder to reduce costs from the project as bid. At this time we have been able to identify items that will reduce the project costs from $8,361 ,833 .00 to $7,346,408 .00. • We have also included for your review the contractor' s work sheet showing all pricing options that have been looked at. Some of these items we feel do not represent an acceptable value for the work proposed and we have not included them in the recap of suggested cost reductions for that reason. Sincerely, WITTENBERG, DELONY & DAVIDSON, INC. Richard Alderman, AIA Principal, Northwest Arkansas Office c: Mr. Charles Venable, City of Fayetteville Attachment 10 pages Value Engineering Items • NcwafwtsTAwAww Off cE 100W. CENTEP.9 R 102 FAYEREVM AR 72701-6W 501/403-6W 501/443-9515 FAX e 8.- wrldnw gorktotae.O f • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING I COST REDUCTION ITEMS 7-27-1999 Pagel of 3 General Conditions 1 .0 Change construction time to 18 months * $ 301000.00 1 . 1 Change construction boundaries to allow use of Rock Street & $ 72,000.00 City leased lot $ 102,000.00 Allowances 2. 1 Delete landscape allowance $ 75,000.00 2.2 Reduce testing allowance from $30,000.00 to $ 15,000. 00 $ 15,000. 00 2.3 Delete interior signage allowance $ 155000.00 2.4 Delete reinforcing allowance of 5 tons $ 2.316. 00 $ 107,316.00 Changes to Waterproofing Requirements 3 . 1 Change floor sealers in deck and exhibition hall $ 373971 .00 • 3 .2 Change to contractor suggested terrace & plaza $ 18,884.00 waterproofing systems 3 . 3 Change below-grade waterproofing system except $ 4,773 .00 at Mountain Street 3 .4 Change to contractor suggested terrace traffic coating $ 487763 .00 3 . 5 Delete corrosion inhibitor admixture requirement * $ 29,022.00 $ 139,413 . 00 Elevators / Freight Elevators 4. 1 Delete smaller freight elevator - provide all rough-in * $ 99,456.00 4.2 Delete one passenger elevator - provide all rough-in * $ 30.478 .00 $ 1297934.00 Exterior Items 5 . 1 Delete canopies from north and south * $ 12,970.00 5 .2 Change pre-cast to split face CMU on deck, $ 6,264.00 pre-cast on bldg. to remain 5 .3 Change face brick type * $ 17,405 .00 5 .4 Delete herringbone in-fill pattern * $ 153207.00 5. 5 Delete removable bollards * $ 3,651 .00 5.6 Delete 8" painted handrails * $ 11 ,763 .00 • 5 . 7 Change parking deck barrier to site cast with exp. agg. finish * $ 18,508.00 5 . 8 Delete painting of under side of parking deck $ 33, 143 .00 • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING / COST REDUCTION ITEMS 7-27-1999 Page 2 of 3 5 .9 Delete plaza masonry, planter was, and sodding * $ 50,587.00 5. 10 Delete curved stair from south elevations * $ 43 ,962.00 5. 11 Delete upper levels of tower above entry masonry * $ 101 513 .00 $ 314,973 .00 Interior Items 6. 1 Delete freezer - provide rough-in * $ 12,250.00 6.2 Delete electric window shades - provide rough-in & electrical * $ 243350.00 6.3 Delete vertical blinds - provide blocking * $ 51625 .00 6.4 Delete operable partitions-provide bulkheads & tracks * $ 881091 .00 6.4 Delete mesh storage room wall * $ 3,314.00 6. 5 Delete storage millwork from back wall of service desk 421 * $ 35482.00 6.6 Change round interior columns from precast to GFRP * $ 5383 .00 $ 142,495.00 • Glass & Glazing Changes 7. 1 Change auto entrances to swing doors * $ 61632.00 7.2 Change from kynar to clear anodized accept at tower * $ 9,650.00 7.3 Delete low E glazing requirement * $ 10.646.00 $ 263928 .00 Electrical Items 8. 1 Change light fixtures (pending cut sheets for review & approval) * $ 19,424.00 8.2 Delete selected light fixtures * $ 13 544.00 8.3 Allow transformer to be on grade * $ 3092, 00 $ 36,060.00 Mechanical Items 9. 1 Change RTU- 1 & RTU-3 to constant volume * $ 600.00 9. 2 Delete energy management system * $ 31961 .00 9. 3 Change duct work at RTU- 1 * $ 2,064.00 9.4 Delete fin tube heat at tower* $ 4281 .00 • $ 161306.00 • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING / COST REDUCTION ITEMS 7-27-1999 Page 3 of 3 General Notes: Note 1 : All items marked with an asterisk (*) can be added back into the contract within the first 45 days after the Notice-to-Proceed at the pricing indicated. After that time they will not be able to be added back to the contract without the Contractor being given the opportunity to reprice the cost for adding these items back to the contract, if requested by the Owner. Note 2 : The balance of items not marked with an asterisk (*) can be added back into the contract within the first 200 days after the Notice-to-Proceed at the pricing indicated. After that time they will not be able to be added back to the contract without the Contractor being given the opportunity to reprice the cost of adding these items back to the contract and if the timing and construction sequence of the project will permit the ability to added the items back to the project and if requested by the Owner. • • 1 501 631 0286 • JUL-26-1999 15 : 56 NRBHOLZ CONSTRUCTION 1 501 631 0286 P . 01i07 FAYETTEVILLE TOWN CENTER VALUE ENGINEERING - NCC • JULY 209 1999 1 . Delete use of 8" painted round steel handrail from top of all exterior terrace and plaza walls: DEDUCT: $ <11 , 763.00> 2. Delete cooler and freezer units from storage level, keep all rough-in details for future installation: DEDUCT: $ <12.250.00> 3. Delete aluminum and glass canopies from south vestibule entry and east side of tower entry. Canopy on main north tower entry to remain. DEDUCT: $ <12,970.00> 4. Delete sidewalks, curbs, gutters and street work on Block, Rock and East Streets. All work on Mountain Street to remain. All utility patching and other site work to remain. DEDUCT: $ <16, 124.00> 5. Delete all work for topsoil, sodding and site preparation from the project including topsoil work in the planters on the plaza Note that the landscape allowance only included final plant materials all other work is in the base bid. • DEDUCT: $ < 4,223.00> 6. Delete the removable bollards shown at the entry to the plaza. DEDUCT: $ < 3 ,651 .00> 7. Delete precast work under brick on the three sides of the parking deck and replace with split face concrete masonry units. Precast on tower entry and south vestibule entry to remain. DEDUCT: $ < 6.264.00> OR 7a. Delete precast and brick on the three sides of the parking deck and replace with special coating on concrete. Precast on tower entry and south vestibule entry to remain. DEDUCT: $ < 12,792.00> 8. Provide alternate pricing for specified brick pavers. Price alternate brick and concrete unit masonry products. DEDUCT: $ NO BID 9. Provide alternate pricing for the building face brick. Use ACME Denton 121 instead of Endicott masonry specified. DEDUCT: $ <17,405.00> 10. Provide alternate pricing for face brick used on walls in plaza area. Use ACME Denton 121 • instead of Endicott masonry specified. DEDUCT: $ WITH #9 JUL-26-1999 15 : 56 NABHOLZ CONSTRUCTION 1 501 631 0286 P . 02i07 11 . Delete brick edging from plaza, provide score lines to replace edging. Brick at round entry to • remain. DEDUCT: $ < 6, 161 .00> 12. Delete in-fill herringbone pattern in pavers at round entry, edging strips to form main grid pattern to remain, replace with concrete. DEDUCT: $ < 81700.00> 12a. Delete edging strips that form main grid pattern DEDUCT: $ < 6,507.00> 13 . Change 8 '-0" aluminum doors at entrances and doors to exterior from exhibition hall to standard height units, provide glass transoms above. DEDUCT: $ < 765.00> 14. Delete vertical blinds. Blocking to remain. DEDUCT: $ < 5,625.00> 15. Delete electric window shade units from exhibition hall. Electrical conduit and rough-in to remain for future installation. DEDUCT: $ <24,350.00> 16. Change four interior round precast column covers to GFRP (glass fiber reinforced plastic) products instead of precast concrete. GFRP to match details, reveals, and shapes shown for precast. DEDUCT: $ < 5,383 .00> 16a. Dryvit finish in lieu of GFRP on item 16. DEDUCT: $ < 6,228.00> • 17. Delete operable partitions from exhibition hall. Tracks, supports, framing, bulk heads and other rough-in items to remain for future installation. DEDUCT: $ <88.091 .00> 18. Delete wire mesh partitions from storage room 424. DEDUCT: $ < 3,314.00> 19. Delete the smaller of the two freight elevators. Shag, rough-in, electrical and other requirements for future installation to remain. DEDUCT: $ <99,456.00> 20. Omit chair rail at Entrance Hall 403 . DEDUCT: $ < 15265 .00> 21 . Redesign vanity and mirror configuration to flat wall and standard vanity framing at Men's Toilet 406 and Women's Toilet 405. DEDUCT: $ NO BID 22. Delete one passenger elevator. Shaft, rough-in, electrical and other requirements for future installation to remain. DEDUCT: $ <30.478.00> 23. Delete auto entrance doors at Entrance Tower 401 and replace with regular swing door as used in Vestibule 402. DEDUCT: $ < 6.632.00> 24. Delete millwork at west wall of Service Desk 421 . DEDUCT: $.< 3,482.00> • 25. Delete wood base at Entrance Hall 403 and replace with vinyl: .DEDUCT: $ < 854.00> JUL-26-1999 15 : 57 NABHOLZ CONSTRUCTION 1 501 631 0286 P . 03i07 25a. Change remaining millwork specified as stained from quartered book matched plain Aniegre to plain sliced • Birch. DEDUCT: $ < 500.00> Additional Value Engineering / Cost Saving Ideas for Consideration: PAINTING 26. Delete accent color at reveals: a. Interior DEDUCT: $ < 11530.00> _ (see note on A3 .4) b. Exterior DEDUCT: $ < 11094.00> (See color "C" on ext . elevation color schedule 26a. Delete painting of ceilings in the parking deck (all levels) plaza parking level 3c and service drive per finish schedule items 29. DEDUCT: $ <33, 14300> MASONRY 27. Change precast barriers at perimeter of parking deck to site cast concrete. with exposed aggregate flat faces DEDUCT: $ <18.508.00> 27a. To change site cast concrete barriers to smooth finish with paint. DEDUCT: $ <22,268.00> WATERPROOFING: • 28. Floor sealers: Utilize Lapidolith on the parking decks, and Sonothance VOC on the interior concrete floor in lieu of scaler specified. DEDUCT: $ <37,971 .00> 29. Below-grade waterproofing: Delete drainage panels at all foundation walls except the Mountain Street wall, and install membrane (as specified) with protection board. DEDUCT: $ < 4,773 .00> 30. Below-grade waterproofing: To also delete the drainage panels at the Mountain Street wall and install protection board. DEDUCT: $ < 791 .00> 31 . Terrace and Plaza Waterproofing System: Change Performance Roof Systems membrane with drainage panels to Sonnebom HLM5000 (already specified for the planter areas) with PC-1 board. DEDUCT: $ <18,884.00> 32. Terrace Traffic Coating: Change the terrace traffic coating from Ultra Tex System to Sonneborn Sonoguard. DEDUCT: $ <48,763.00> GLASS & GLAZING 33 . Deduct to use clear anodized in lieu of painted material on all metal except on tower above precast band. DEDUCT:$ < 9,650.00> • 34. At Tower F & G frames (3F and IG) use 1" solar cool green/ low E in lieu of sandblasted glass or silk screen glass. DEDUCT: $ <15,042.00> 35 . Delete third glass canopy of main north tower entry. DEDUCT: $ < 10,982.00> JUL-26-1999 15 : 57 NABHOLZ CONSTRUCTION 1 501 631 0286 P . 04i07 35a. Delete pairs of doors (doors labeled "A" -4 doors) in exhibition • hall 400 between grids 3 & 4 and 6 & 7. DEDUCT: $ < 1 ,036.00> 35b. Delete pairs of doors (doors labeled "A"- 5 doors) in exhibition hall 400 at all remaining doors to exterior and provide single doors centered in opening. DEDUCT: $ < 2,512.00> 35c. Delete requirements for Low E glazing. Solar cool green and sand blasting to remain. DEDUCT: $ < 10,646.00> ELECTRICAL 36. Light fixture deductive option 41 . This option reduces the quality of light fixtures, but are furnished with T8 lamps and electronic ballast. DEDUCT: $ <19,424.00> 36a. To change option # 1 light fixtures to option #2 light fixture from original light fixture. DEDUCT: $ <29,624.00> 36b. To delete (6) type L1 , (8) type 02, ( 12) type L5, (8) type L3, (4) type KI and (3) type Tl fixtures from light fixture package 01 DEDUCT: $ <131544.00> 36c. To delete (6) type Ll , (8) type G2, ( 12) type L5, (8) type L3, (4) type KI and (3) type Tl fixtures from light fixture package #2 DEDUCT: $ <12,472.00> • 37. Light fixture deductive option 42. This option changes T8 lamps and electronic ballast to T12 lamps and magnetic energy saving ballast. DEDUCT: $<4,848.00> 4,848.00> MECHANICAL 38. Deduct for making RTU- 1 and RTU-3 constant volume units as originally specified. (units were changed in addendum) DEDUCT: $ < 61000.00> 39. Replace RTU- 1 , 3 & 4 with three (3) thirty (30) ton units. This would allow one or two units to be shut down to save energy. DEDUCT: $ <10,000.00> 40. Deduct for deleting color graphic control system using standard controls loss computer. DEDUCT: $ < 25200.00> 40a. Deduct to change Energy Management system to a standard control system. DEDUCT: $<3,961 .00> 3,961 .00> 41 . Change air device SD-2 "Flow bar" diffuser (added per addendum 92) back to originally specified 44" x12" SD-2 as shown on sheet M1 . 1 . DEDUCT: $ < 1 ,752.00> • 42. Change Air device SD-3 from airfoil blade construction to standard construction. DEDUCT: $ < 832.00> 43 . Omit rectangular R/A duct from RTU- 1 . Fire damper and duct above the kitchen to RTU-1 to remain. DEDUCT: $ < 2,064.00> JUL-26- 1999 15 : 57 NRBHOLZ CONSTRUCTION 1 501 631 0286 P . 05i07 44. Change spiral duct as shown on sheet MI . I to rectangular duct with 1 " • duct liner. DEDUCT: $ < 1 ,032.00> 44a. Delete hot water circulating pump and line requirement. DEDUCT: $ < 800.00> 44b. Delete eight (8) Fin-Tube heaters in tower. DEDUCT: $ < 4,281 .00> DOORS & FRAMES 45. Change prefinished metal to 24 gauge steel P/F in. lieu of .040" aluminum. DEDUCT: $ < I II37.00> 46. To supply 18 gauge insulated hollow metal doors at exterior locations in lieu of 16 gauge as specified. DEDUCT: $ < 620.00> 47. To supply plain sliced White Birch doors in lieu of quartered, book matched plain Aniegre. DEDUCT: S<2, 175.00> 2, 175.00> 47a. To supply "rotary cut" Birch in lieu of quartered, book matched plain Aniegre. DEDUCT: $ < 4, 106.00> ELEVATOR: 48. Passenger Elevator- use Dover standard suspended ceiling in lieu of down • light. DEDUCT: $ < 1 ,036.00> 49. Passenger Elevator - use Dover standard DLP cab design in lieu of DAP removable. DEDUCT: $ < 1 ,235.00> 50. Passenger Elevator - use Dover backed enamel finish on entrances in lieu of #4 stainless steel. DEDUCT: $ <_ 1 ,292.00> 51 . Passenger Elevator - use Dover safety edge and light ray door protection in lieu of door detector. DEDUCT: $ < 269.00> 52. Passenger Elevator - use Dover, one speed doors in lieu of center opening. DEDUCT: $ < 656.00> 53 , Freight Elevators- eliminate the ventilating fan not normally provided on freight DEDUCT: $ < 152.00> 54. Freight Elevators- eliminate handrails or bumper rails not required. DEDUCT: $ < 68.00> 55. Freight Elevators - eliminate glass sight gauge on oil tank unit • DEDUCT: $ < 226.00> 56. Freight Elevators - eliminate audible signal per ANSI not required on freight. DEDUCT: $ < 68.00> JUL-26- 1999 15 : 58 NABHOLZ CONSTRUCTION 1 501 631 0286 P . 06i07 57. Freight Elevators - eliminate arrival lanterns not normally for freights. • DEDUCT: $ < 413.00> ALLOWANCES 58. Reduce testing allowance from $30,000 to $ 15,000 DEDUCT: $ <15,000.00> 59. Delete landscaping allowance. DEDUCT: $ <75,000.00> _ 60. Delete interior signage allowance. DEDUCT: $ <15,000.00> GENERAL CONDITIONS 61 . Change construction duration from 14 months to 18 months. DEDUCT: $ <30.000.00> 62. Allow GC control and access of Rock Street and southeast City leased gravel parking lot for duration of project. DEDUCT: $ <72.000.00> OTHER ITEMS 63 . Delete the portion of storage room 201 in level 2A under the transformer enclosure. Move retaining walls to south and east, delete block walls, slab on deck and north & west beams. This allows transformer to be installed on grade. • DEDUCT: $ < 3,092.00> 64. At wall section 4/A3. 1 on inside of vestibule 402 and lobby 403 side of vestibule 402 and section 5/A4.7 on lobby 403 side of entrance tower 401 , delete the 8x8 glazed tile and precast coping and provide gypsum board on studs painted. And section 5/A4,7 on inside only of entrance tower 401 , delete 8x8 glazed tile above arched brick and provide gyp board painted. DEDUCT: $ < 7A26.00> 65 . Delete all cost stone planters. DEDUCT: $ < 7, 100.00> 66. Delete reinforcing allowance of 5 tons to be used at Engineer's discretion. DEDUCT: $ < 2.316.00> 67. Delete corrosion inhibitor admixture requirement DEDUCT: $ < 29,022.00> 68. Reduce slab on grade from 6" to 5" thickness DEDUCT: $ < 4.200.00> 69. Reduce Exhibit level slab from 7" to 6 %" thickness DEDUCT: $ < 2,585 .00> 70. Delete all 12x12 porcelain the and use carpet file ($37.50/yd material allowance) in lobby area. DEDUCT: $ < 8.012.00> • 71 . Delete (8) eight floor boxes, conduit and wiring in Convention Hall. DEDUCT: $ < 5,058.00> JUL-26-1999 15 : 58 NRBHOLZ CONSTRUCTION 1 501 631 0286 P , 07i07 72. Delete Lapeyre stair to roof and replace with wall • hung shop built. DEDUCT: $ < 2, 110.00> 73 . Delete metal eyebrow canopies off south and west elevations. DEDUCT: $< 3,238.00> 74. Delete vanities and use wall hung vanities with carriers DEDUCT: $1< 4,493.00> 75. Delete reveal, painting of reveal and 2nd layer of sheetrock in lobby area. DEDUCT: $ < 11 ,719,00> 76. Change pilaster detail 5/A4.8 in corridor 418 DEDUCT: . $ < . 444.00> 77. Delete south interior vestibule masonry arch and precast and replace with a single width drywall framing and paint. DEDUCT: $< 8,907.00> 78. Delete telephone counters in lobby DEDUCT: $< 3, 152.00> 79. Delete tower down to precast level above arches. Delete glass and glazing, glue laminated framing, drywall framing, painting, miscellaneous steel and brick masonry. DEDUCT: $ <101 ,513 .00> 80. Delete south stairs off parking deck, delete curved walls and replace framing to • match adjacent bays. Delete handrails, nosings, concrete stairs and painting. Add (5) site cast parking barriers to match adjacent ones. DEDUCT: $. < 43,962.00> 81 . Delete plaza masonry and concrete planter walls, brick edging, concrete topping, precast stone planters and topsoil, sodding and site preparation. DEDUCT: $ < 50,587.00> • TnT01 P R7 Fayetteville Town Center Funding Recommendation • July 27, f999 The Bid Base Bid Amount 81786,650 LESS: Deductive Alternate 1 - Portable Kitchen (36,200) LESS: Deductive Alternate 2 - Loading Dock Equipment (21017) LESS: Deductive Alternate 3 - Lower Parking Deck (386,600) Net Bid Amount 81361 ,833 Net Amount to be reduced for contract (1 ,0151425) Certified Budget for Project - Contract Amount $ 79346,408 Funds Available Cash & Investments - Town Center Bonds 61475,570 Cash & Investments - Transfer from A&P Fund 11029, 153 Projected additional investment earnings 125,000 Estimated Cash & Investments - Town Center Fund 71629,723 • Transfer from Off Street Parking Fund 386,600 Transfer from General Fund Fund Balance450,247 *(additional sales tax cdlections above budget) Total Funding Available $ 81466,570 Bid Reconciliation Contract Amount 71346,408 Items Added Back: Deductive Alternate 1 - Portable Kitchen 36,200 Deductive Alternate 2 - Loading Dock Equipment 2,017 Deductive Alternate 3 - Lower Parking Deck 386.600 Deductive Alternate Subtotal 424,817 Value Engineering Items Added Back: 2.4 Reinforcing allowance 21316 4. 1 Smaller freight elevator 99,456 4.2 Passenger elevator 301478 5. 1 North and South Canopies 121970 5.3 Face brick to Endicott 171405 • 5.4 Herringbone in-fill pattern 156207 5.5 Removable bollards 31651 5.6 8"painted handrails 111763 5.9 Masonry, planter walls and sodding 50,587 5. 10 Curved stair, south elevation 43,962 5. 11 Upper levels of tower above masonry 101 ,513 6.2 Electric window shades 242350 6.3 Vertical Blinds 51625 • 6.4 Operable partitions 88,091 6.6 Round columns 59383 7. 1 Automatic entrances 69632 7.2 Kynar 91650 9. 1 -9.4 Mechanical Items 16.306 Value Engineering Subtotal 5450345 Change Order Subtotal 9701162 Contingency Added Back: 1503000 Total Town Center Project $ 8,4689570 • • u n All ., .. A n A I A .. .. .. .. .. .. A . 1 1 J RAAF AIA Document AI01 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 witb otber general conditions unless this document is modified. 1 This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT • made as of the day of in the year of Nineteen Hundred and . B ETWEEN the Owner: City of Fayetteville ( amQRWaddress�l 113 West Mountain Street Fayetteville , Arkansas and the Contractor: Nabholz Construction Corporation f7vame and addres ) P . O . Box 277 Rogers , AR 72757 The Project is: Fayetteville Town Center Exhibitiou Hall (Name and location) Fayetteville , Arkansas The Architect is: Wittenberg , Delony R Davidson , Imcc . (Name and address) 100 West Center , Suite 102 Fayetteville , Arkansas 72701 The Owner and Contractor agree as set forth below. • Copyright 1915, 1918, 19259 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 • AIA0 • m1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 I WARNING: Unlicensed photocopying violates US. 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 specj&cally indicated in the Contract Documents to be the responsibility of others, or as follows: r t • 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 Ibis Agreemmt or, if applicable, state tbat the date will be fixed in a notice to proceed.) The date of commencement will be fixed in a . written Notice to Proceed . 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 (Insert the calendar date or number of calendardaysafter the date of commencement. Also insert any requfremmtsforearlierSubstamial Completion ofcer. tain portions of The Work, q not stated elsewbere in the Contract Documents.) Six hundred ( 600) consecutive calendar days from the date of the Notice to Proceed . subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ff any, for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 2 WARNING: Unlicensed photocopying violates U.S. copyright Ia and Is subject to legal prosecution. ARTICLE 4 CONTRACT SUM • 4.1 a pcaner shau pay the Co Da for in current fundi for the C ntractor's rf cc of the Go [tact the Contract Sum of Seven Million Three Hundred Forty". Six Tliousan � Four lfun3ref and Eig�it Dollars (s 793469408 . 00 ************** ), subject to additions and deductions as provided in the Con- tract 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 otber identification of accepted alternates. !f decisions on other alternates are to be made by the Ownersubsequent 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) Base Bid 48 , 786 , 650 . 00 Less deductive Alternate No . 1 ( `' 7369200 . 00) Less Deductive Alternate No : 2 ( 2 , 017 . 00 ) Less Deductive Alternate No . 3 (:( 386 ; 600 . 00 ) Subtotal $8 , 361 , 833 . 00 Negotiated Changes for Attachment "A" ( 3 pages ) ( $190159425 . 00 ) . Contract Amount $7 , 346 , 408 . 00 4.3 Unit prices, if any, are as follows: 1 . For drilled concrete piers per Section 02460 of the Project Manual : • 42 " deduct $47 . 06 / add $ 39 . 31 per linear foot 48 " deduct $58 . 84 / add $49 . 84. per linear foot 54" deduct 565 . 58 / add $54 . 08 per linear foot 60 " deduct $ 99 . 30 / add 576 . 68 per linear foot 2 . For undercut of unsuitable material and off- site disposal Add/ Deduct g 7 . 25 per cubic yard 3 . For .importing , pla.cin and compacting select fill material at undercut areas only . Add/ Deduct $7 . 50 per cubic yard 4 . "for excavation and 'off-- site disposal of trench rock Add/ Deduct $ 125 . 00 per cubic yard 5 . For excavation and off- site disposal of mass rock Add / Deduct $85 .00 per. cubic , yard 6 . For breaking up , excavating , hauling off and disposal of cisterns : Add/ Deduct $ 85 . 00 per cubic yard • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • 01987 THE AMERICAN INSTITUTE OFARCHITECfS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20oo6 A101-1987 3 VIA M%FMM. n."..,•.,mer .,�.,...... „".. ,a..i�..,� ne 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: For the period ending the Twenty- Fifth ( 25th ) of each month . 5.3 Provided an AppH don fo Payment is received by the Architect not later than the TWentyTenthh ( je�th� dayofarrtpn[h, the.Ownershall make payment tothe Contractor not later than the l 11 day of the t 0 I I OW 7 n gnonth. if an Application for Payment is r T ed by the Architect after the application date fixed above, payment shall be made by the Owner not later than t hl rty �30y 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 vaM esS• fetainage of percent ( l 11 UU 1 %). 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 Sire at a locatjon agreed tg�plt in writing), less retainage of percent ( ZerO 101ga) 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 paymenis to one hundred percent ( lu %) 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 Contractor, 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 lbe percentages inserted in Subpara- grapbs 5.6. 1 and 5.6.2 abom, and ibis is not explained elseu•bere in the contract Documents, insert bene provisions for sucb reduction or limitation.) • 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 ARTICLE 6 FINAL PAYMENT • Final payment, constituting the entire unpaid balance of the Contract Sum, shall be [Wade 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 80 days after the issuance of the Architect's final Certificate for Payment, or as follows: Before issuance of the final certificate , the Contractor shall obtain in writing . from the Bonding Company ; appoval of such payment . No -.certificate issued , non- payment made to the Contractor , nor partial or entire use or occupancy of the contract work by . the Owner , shall be acceptance of any , w_ork or materials not in accordance with this contract . 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, !f any.) (Usury /arcs and reyrsirements under the federal Tmtb in Lending Act, similarstate and local consumercredit tours andotber regulations at the Oumer'sand Contractors principal places of business, the rotation of the Project acrd elserubere may affect the validity of tbisprovision. Legal advice sbould be obtained witb respect to deletions or modifications, and also regarding requirements sutb as written disclosures or umivers) 7.3 Other provisions: 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 • AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 tJ 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 Projcct Manual dated April 5 , 1999 and are as follows: Document _ Title Pages 00100 Bid Solicitation 2 00200 Instructions to Bidders 4 00320 Geotechnical Data 1 with attachment . of Geotechnical Investigation 00400 Bid Form 3 00600 Bonds 1 00700 General Conditions 1 with attachment of 31 pages 00800 Supplementary Conditions 8 - • 9.1 .4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1 .3, and arc as follows: (Either fist the Specifications bere or refer to an exhibit attached to this Agreement.) Section Title Pages Asp- listed on Attachment " B " 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 9.1 .5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitber list the Drawings bere or refer to an esbibit attacbed to Ibis Agreement.) • Number Title _ Date As listed on Attachment " C " f t 9.1.6 The addenda, if any, are as follows: Number Date Pages 1 April 14 , 1999 6 with .attachments - 2 April 26 , 1999 13 with attachments 3 April 30 , 1999 8 with attachments • 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 Al 01 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 WARNING: Unlicensed photoccoying violates U.S. copyright laws and is subject to legal prosecution. 9.1 .7 Other documents, if any, forming pan of the.Comract Documents are as follows: (Ust bere any additional documents winch areintended toformpart of The Contract Documents. 7be Generar Conditionsprovidethatbiddingmquire musurb as adver isentml or invitation to bid, lnstructionr to Bidders, sample forms and the Contractor's bidam not part of the Contract Documents unieu enumerated in this agreement. Tbey sbourd be listed bete only f intended to be part of the Contract Documents) • Attachment " A" - tist of Value Engineering/Cost Reduction items ( 3 pages ) 5 • 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. OWNER - CONTRACTOR (Signature) (Signature) Fred Hanna , Mayor (Pnhted name and title) (Pn'nted name and title) l CAUTION: You should sign an original AIA document which has this caution printed in red. • ® An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • YAIA* • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A1101-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING / COST REDUCTION ITEMS 7-27-1999 Pagel of 3 General Conditions 1 .0 Change construction time to 18 months * $ 30,000.00 1 . 1 Change construction boundaries to allow use of Rock Street & $ 72,000.00 City leased lot $ 1023000.00 Allowances 2. 1 Delete landscape allowance $ 75,000.00 2.2 Reduce testing allowance from $30,000.00 to $ 15,000.00 $ 15,000.00 2.3 Delete interior signage allowance $ 15,000.00 2.4 Delete reinforcing allowance of 5 tons $ 2.316.00 $ 107,316.00 Changes to Waterproofing Requirements 3 . 1 Change floor sealers in deck and exhibition hall $ 37,971 .00 • 3 .2 Change to contractor suggested terrace & plaza $ 18,884.00 waterproofing systems 3 .3 Change below-grade waterproofing system except $ 41773 .00 at Mountain Street 3 .4 Change to contractor suggested terrace traffic coating $ 48,763 .00 3 . 5 Delete corrosion inhibitor admixture requirement * $ 29-022.00 $ 139,413 .00 Elevators / Freight Elevators 4. 1 Delete smaller freight elevator - provide all rough-in * $ 99,456.00 4.2 Delete one passenger elevator - provide all rough-in * $ 30 478 .00 $ 129,934.00 Exterior Items 5 . 1 Delete canopies from north and south * $ 123970.00 5 .2 Change pre-cast to split face CMU on deck, $ 6,264.00 pre-cast on bldg. to remain 5 .3 Change face brick type * $ 173405 .00 5 .4 Delete herringbone in-fill pattern * $ 15,207.00 5 . 5 Delete removable bollards * $ 3,651 .00 5 .6 Delete 8" painted handrails * $ 11 ,763 .00 • 5 . 7 Change parking deck barrier to site cast with exp. agg. finish * $ 18,508.00 5 . 8 Delete painting of under side of parking deck $ 33, 143 .00 • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING/ COST REDUCTION ITEMS 7-27-1999 Page 2 of 3 5 .9 Delete plaza masonry, planter walls, and sodding * $ 50,587.00 5 . 10 Delete curved stair from south elevations * $ 43,962.00 5 . 11 Delete upper levels of tower above entry masonry * $ 101 .513 .00 $ 314,973 .00 Interior Items 6. 1 Delete freezer - provide rough-in * $ 12,250.00 6.2 Delete electric window shades - provide rough-in & electrical * $ 241350.00 6.3 Delete vertical blinds - provide blocking * $ 51625 .00 6.4 Delete operable partitions-provide bulkheads & tracks * $ 88,091 .00 6.4 Delete mesh storage room wall * $ 3$ 14.00 6.5 Delete storage millwork from back wall of service desk 421 * $ 35482.00 6.6 Change round interior columns from precast to GFRP * $ 5383 .00 $ 142,495 .00 • Glass & Glazing Changes 7. 1 Change auto entrances to swing doors * $ 62632.00 7.2 Change from kynar to clear anodized accept at tower * $ 9,650.00 7.3 Delete low E glazing requirement * $ 10.646.00 $ 26,928.00 Electrical Items 8. 1 Change light fixtures (pending cut sheets for review & approval) * $ 19,424.00 8.2 Delete selected light fixtures * $ 131544.00 8.3 Allow transformer to be on grade * $ 3 .092.00 $ 36,060.00 Mechanical Items 9. 1 Change RTU- 1 & RTU-3 to constant volume * $ 6,000.00 9.2 Delete energy management system * $ 3,961 .00 9.3 Change duct work at RTU- I * $ 21064.00 • 9.4 Delete fin tube heat at tower* $ 4-281 -00 $ 162306.00 • "Attachment A" FAYETTEVILLE TOWN CENTER REVISED VALUE ENGINEERING / COST REDUCTION ITEMS 7-27-1999 Page 3 of 3 General Notes: Note 1 : All items marked with an asterisk (*) can be added back into the contract within the first 45 days after the Notice-to-Proceed at the pricing indicated. After that time they will not be able to be added back to the contract without the Contractor being given the opportunity to reprice the cost for adding these items back to the contract, if requested by the Owner. Note 2: The balance of items not marked with an asterisk (*) can be added back into the contract within the first 200 days after the Notice-to-Proceed at the pricing indicated. After that time they will not be able to be added back to the contract without the Contractor being given the opportunity to reprice the cost of adding these items back to the contract and if the timing and construction sequence of the project will permit the ability to added the items back to the project and if requested by the Owner. • • "Attachment B" • FAYETTEVILLE TOWN CENTER LIST OF PROJECT SPECIFICATIONS 7-27-1999 Page 1 of to be completed • • "Attachment C" • FAYETTEVILLE TOWN CENTER LIST OF PROJECT DRAWINGS 7-27-1999 Page 1 of to be completed • WITTENBERG , DELONY & DAVIDSON , INC . CHANGE ORDER Northwest Arkansas Office West Center , Suite 102 Fayetteville , AR 72701T Tel : 501 -443 - 6666 Fax : 501 -443 - 9515 &JECT : CHANGE ORDER NO : 01 FAYETTEVILLE TOWN CENTER AND EXHIBITION HALL PROJECT NO : 95059 FAYETTEVILLE , ARKANSAS TO : DATE : NABHOLZ CONSTRUCTION CORPORATION CONTRACT DATE : P . O . BOX 277 ROGERS , ARKANSAS CONTRACT FOR : General Construction You are directed to make the following change ( s ) in this Contract : Add deductive alternate 1 $ 36 , 200 . 00 add Add deductive alternate 2 $ 2 , 017 . 00 add Add deductive alternate 3 $ 386 , 600 . 00 add Add items from the value engineering list : 2 . 4 ) Add reinforcing allowance $ 2 , 316 . 00 add 4 . 1 ) Add smaller freight elevator $ 99 , 456 . 00 add 4 . 2 ) Add passenger elevator $ 30 , 478 . 00 add 5 . 1 ) Add canopies to north and south elevation $ 12 , 970 . 00 add 5 . 3 ) Change face brick to Endicott $ 17 , 405 . 00 add 5 . 4 ) Add herringbone in- fill pattern $ 15 , 207 . 00 add ` 5 . 5 ) Add removable bollards $ 3 , 651 . 00 add 5 . 6 ) Add 8 " painted handrails $ 11 , 763 . 00 add 5 . 9 ) Add masonry , planter walls and sodding $ 50 , 587 . 00 add • 5 . 10 ) Add curved stair to south elevation $ 43 , 962 . 00 add 5 . 11 ) Add upper levels of tower above masonry $ 101 , 513 . 00 add 6 . 2 ) Add electric window shades $ 24 , 350 . 00 add 6 . 3 ) Add vertical blinds $ 5 , 625 . 00 add 6 . 4 ) Add operable partitions $ 88 , 091 . 00 add 6 . 6 ) Change round columns to pre - cast $ 5 , 383 . 00 add 7 . 1 ) Change entrances to auto entrances $ 6 , 632 . 00 add 7 . 2 ) Change to kynar finish framing $ 9 , 650 . 00 add 9 . 1 ) RTU- 1 & RTU- 3 to be variable volume $ 6 , 000 . 00 add 9 . 2 ) Add energy management system $ 3 , 961 . 00 add 9 . 3 ) Add duct to RTU- 1 $ 2 , 064 . 00 add 9 . 4 ) Add fin tube heat at tower S 4 . 281 . 00 add Total Changes $ 970 , 162 . 00 add CONTRACT RECAP The original Contract Sum was : $ 70346 , 408 . 00 Net change by previously authorized Change Orders : 0 . 00 The Contract Sum prior to this Change Order : $ 7 , 346 , 408 . 00 The Contract Sum will be increased by this Change Order : $ 970 , 162 . 00 The new Contract Sum including this Change Order will be : $ 8 , 316 , 570 . 00 The Contract Time will be unchanged by zero ( 0 ) days . toot valid until signed by both the owner and Architect . - Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time . TENBERG, DELONY & DAVIDSON, INC. NABHOLZ CONSTRUCTION CITY OF FAYETTEVILLE West Center, Suite 102 P.O. Box 277 113 West Mountain Street Fayetteville, AR 72701 Rogers, Arkansas 72757 Fayetteville, Arkansas 72701 BY: BY: BY: DATE: DATE: DATE: