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HomeMy WebLinkAbout76-81 RESOLUTION• • • RESOLUTION NO. 1(04/ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BRENNAN-BOYD CONSTRUCTION COMPANY TO CONSTRUCT A TWO-LEVEL PARKING FACILITY TO SERVE THE CON- TINUING EDUCATION CENTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Brennan -Boyd Construc- tion Company for the construction of a two-level parking facility to serve the Continuing Education Center. The total contract price shall be $344,000.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of ATTEST ,M1 Vri4 ze :J�y1.K ,a C i/. . J �. CITY CLERK? I,c` APPROVED: pte,chg /;// MAYOR e9u1, 1981. O .QERTZFALCA State ,.ogT1� f nd �aklaensasCit.,v .of Fayetteville r t '13$ 31,VivianIfoe ecorde�r t City of Fayetteville, flt e ed or 'y certify that the atroforege is Clcrk dx Officio r r i�coffice and the sa^eap: Dears 'rOrciraeRes Resolution bookhand seal thi �.-. Wft Hess r}i� tyClek • • Officio ncoo J THE AMERICAN INSTITUTE OF ARCHITECTS • ••t^,,'' • AIA Document A101 Standard Form of Agreement. Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 7976 Edition of AMA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the TENTH day of AUGUST Hundred and EIGHTY-ONE BETWEEN the Owner: and the Contractor: The Project: The Architect: THE CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS in the year of Nineteen BRENNAN - BOYD CONSTRUCTION COMPANY, INC. P. 0. BOX 307, SUITE 580 FIRST PLACE FAYETTEVILLE, ARKANSAS 72702-0307 TWO-LEVEL PARKING FACILITY HAILEY • POWERS• FRONING ARCHITECTS, LTD. P. 0. Box 790, SUITE 440 FIRST PLACE FAYETTEVILLE, ARKANSAS - 72702-0790 The Owner and the Contractor agree as set forth below. • Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without 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 • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 M01-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for .(Here insert the caption descriptive o) the Work as used on other Contract Documents.) A Two -Level Parking Facility (ground floor and ane. elevated floor) located on City property South of Meadow Street .between East Street and College Avenue. The approxtmate dimensions of the project site are 207' deep by 176' frontage at Meadow Street. The Contractor agrees to fully cooperate in resolving miscellaneous details which may arise as the result of a,third level not being constructed at this time. It is anticipated that sometime. in the future a third level will be constructed and the: Contractor agrees that all necessary work will be accomplished to accommodate this future addition. This Contract does not cover construction of a third level. Any such construction shall be under separate Contract awarded by the Owner after receipt of competitive bids -or pursuant to negotiations following a waiver of coinpetiti:ve bidding requirements in accordance with. State Law. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten (.10) days of receipt of the "Notice to Proceed." and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions (or liquidated damages re)ating to failure to complete on time.) If the Work is not completed within the time stipulated in the Contract, the Contractor shall pay to Owner as fixed, agreed, and liquidated damages- (it being impossible to determine theactual damages occasioned by the delay) for each calendar day of delay until the workis completed One Hundred Dollars ($100.00), and Contractor and his sureties shall be liable to Owner for the amount thereof. The Owner may withhold from any payment due the Contractor an amount equivalent to accrued liquidated damages. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ®1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM • The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of THREE HUNDRED FORTY-FOUR THOUSAND DOLLARS (S344,0_00.001. The Contract Sum is determined as follows: , (state here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Th.e lump sum as bid July 23, 1981, for th.e listed Two -Level Alternate Base Proposal. ARTICLE 5 PROGRESS PAYMENTS gxlh x XINT t •�.'ng. r rxt /6-9 -XtRIEnei ReltX ifiT 9t' Y1 0FA I erii9M.MvXX 1tiaa9ii(xX MAytxxx.x/ Xh'{h@ i$fti6rS'8Y'tf1E`C9rftfeEt^56 Wr11HtS eakinfstl3�a d eR9fi9rx911 Cx9� e %ridnth�x '� x �Cxnxxxxx xxn nein t)FxxxI1)(4(uw x9fXhrx�XDX oft Sum proper y a oca le to matena s an equipment sesta y store at t e site or at some of er ocation agreed upon rXJXtifi)PR)Nakaldib iedNYeYAU lcxdiii)RaXxebYMtNeaxPeet )5YeXiX1013.X11 MOS e XXXilidXX 4 gfilBgShMRR MATZuxI i)4 ,PNt NM X/14?MA Xh@X©I9t4OXR© Klibts, (ll not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Progress payments 011 _be mademonthlya.s per Paragraph. Eleven (11)., PAYMENTS, Sub -paragraphs 11..1 through 11.3 Page 00080-.4 of the Contract Spectficeti.ons under Supplementary' Conditions. Py)hD3 xiuc girlai3SralpCtbe CQrL1120 13ItDacEDBabtli7pariaterEC trOrD311?7d2@113PieDrii dire a1 iheMIe. enteFed belew,-or.in,the absence.theceef,: a;.tbalegaLsate-{uavailingat the-place-of-tbaP-rojeci. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations al the Owner's and Contractors principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers,) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAC ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully. performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Liss below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) a) AIA Doc.ume.nt A101, Standard Form of Agreement Between Owner. and Contractor (,1977 Edition). b) AIA Document A201., General Conditions of the Contract for Construction (1976 Edition). c) Drawings Dated June 15,.1921, Sheet Number One through Five (1 - 5). d) Specifications containing Divisions 0, 1, 2, 3, 4, 5, 8, 9, and .16. (Divisions 6, 7, 10, .11, 12, 13, .14, and 15 are not used.) e). Addendum Number One (1), dated June 23, 198.1 (16 Items). f) Addendum Number Two (2), dated June 26, 19.81 (16 Items). g) Addendum Number Three (3), dated July 8, 1981(13 Items). 7.3 Ndttless than the prevailing hourly rate of wages as specified shall' ba paid to all workmen performing work under this Contract. 7.4 Con:tractor_` shall secure all necessary permits. Owner shall pay for all permit fees which are required to ba paid. • This Agreement entered into as of the day and year first written above. OWNER THE CITY OF FAYETTEVILLE A Municipal Corporation CONTRACTORBRENNAN - BOYD Construction Company, Inc. V:i vi2�00.(t5ts 9,0e a/n TK4i ..t.te1', City C. rk arbara Smi 'A1AC)OCUA4€NT::Ai01 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 1977'e'�rHt AMtRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NMC, WASHINGTON, D. C. 20006 A101-1977 4 �sr .Ut • TO i1AILEY • POWERS • FRONING " ARCHITECTS, LTD. P. 0. Box 790 First Place, Suite 440 FAYETTEVILLE, ARKANSAS 72701 Phone 442.5565 The City of Fayetteville, AR GENTLEMEN: UIMIM oV' VEa16F117AU N2 1214 DATE Aug. 20, 1981 JOB NO. 8101 ATTE"Vivian Koettel, City Clerk RE: Two -Level Parking Facility Aug. '81A101 Standard Form of Agreement Between Owner and Contractor (1977 Edition) "Stipulated Sum" Payment WE ARE SENDING YOU Q( Attached 0 Under separate cover via the following items: ❑ Shop drawings 0 Prints ❑ Copy of letter 0 Change order AIA Document 0 Plans 0 Samples 0 Specifications COPIES DATE NO. DESCRIPTION 2 Aug. '81A101 Standard Form of Agreement Between Owner and Contractor (1977 Edition) "Stipulated Sum" Payment THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted 0 Resubmit copies for approval ❑ Approved as noted 0 Submit copies for distribution ❑ Returned for corrections 0 Return corrected prints di( For Signatures 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: Mr. Newton L. Hailey, Jr. A.I.A. FORM 240-3 Available from(Pv)Inc.,Oroion, Mass. 01450 It enclosures ere not as noted, kindly notify us at once. HAILEY'• POWERS • FRONING ARCHITECTS, LTD. P. 0. Box 790 First Place. Suite 440 FAYETTEVILLE, ARKANSAS 72701 Phone 442-5565 TO City Attorney Fayetteville, Arkansas • o.r 71;3 MSRIoIT� N2 1193 GATE August 18, 1981 'Oa NO. 8101 ATTENh(ION r. Jim McCord R` Two-level Parking Facility DESCRIPTION 2, Aug. 10 1977 Ed. Stand. Form of Agreement Between Owner and Contractor GENTLEMEN: WE, ARE SENDING YOU a Attached 0 Under separate cover via the following items: ❑, Shop drawings ❑ Copy of letter O Prints ❑ Change order ❑ Plans 0 Samples AIA Document A101 Q 0 Specifications THESE ARE TRANSMITTED as checked below: ❑ For. approval ❑ Approved as submitted ❑ For your use 0 Approved as noted REMARKS • 0 As requested 0 Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints Cl For review and comment ❑ 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US FOR FINAL APPROVAL (containing additions and corrections) 1-: 7 7 Il erMGGeldL r�u 4/L PE CFAVED AUG 19 LNI HAILEY-POWERS-FRONT I NG ARCKTZCTS, LTD • COPY TO r QOM 240-3 Avarnele nom 1'SM- Groton. Mass. 0,450 'SIGNED:,Mr. Newton L. Hailey, Jr. AIA/bb 11 enclosures are not as noted. kindly notify us at once COPIES DATE NO. DESCRIPTION 2, Aug. 10 1977 Ed. Stand. Form of Agreement Between Owner and Contractor (Stipulated Sum payment) THESE ARE TRANSMITTED as checked below: ❑ For. approval ❑ Approved as submitted ❑ For your use 0 Approved as noted REMARKS • 0 As requested 0 Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints Cl For review and comment ❑ 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US FOR FINAL APPROVAL (containing additions and corrections) 1-: 7 7 Il erMGGeldL r�u 4/L PE CFAVED AUG 19 LNI HAILEY-POWERS-FRONT I NG ARCKTZCTS, LTD • COPY TO r QOM 240-3 Avarnele nom 1'SM- Groton. Mass. 0,450 'SIGNED:,Mr. Newton L. Hailey, Jr. AIA/bb 11 enclosures are not as noted. kindly notify us at once HAILEY • POWERS • FRONING ARCHITECTS, LTD. P. 0. Box 790 First Place, Suite 440 FAYETTEVILLE, ARKANSAS 72701 Phone 442-5565 To BRENNAN - BOYD CONSTRUCTION COMPANY First Place Suite 580 Fayetteville, Arkansas GENTLEMEN: EL-FirtrEE ©7 1DEi QUSHL Ofla N9 1213 DATEAugust 20, 1gRjJ Oe No. 8101 President COPIES ATTENTi ON Mr John Marinoni, RE: City Parking Facility DESCRIPTION 2 Aug. '81 A101 WE ARE SENDING YOU K] Attached 0 Under separate cover via ❑ Shop drawings ❑ Prints 0 Plans 0 Samples ElCopy of letter 0 Change order Lk Agreement the following items: 0 Specifications to forward to the City for proper signatures) THESE ARE TRANSMITTED as checked below: REMARKS ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS. DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections Final. Approval O Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints Ready for Signatures 19 0 PRINTS RETURNED AFTER LOAN TO US C19" y��'�.3= � 1 BRE I+I; ,. ,.0.. foNSTRue"- - (Note: Please return to our office as soon as possible in order COPY T ICTEt)s, LTD SIGNED: Newton L. Hailey,. Jr. AIA_Zfljb FORM 240.3 Aveiiabte from/rte/inc.. Grown? Moss. 01450 ff enclosures are not as noted. kindly notify us et once. COPIES DATE NO. DESCRIPTION 2 Aug. '81 A101 Standard Form of Agreement Between Owner and Contractor (1977 Edition) to forward to the City for proper signatures) THESE ARE TRANSMITTED as checked below: REMARKS ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS. DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections Final. Approval O Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints Ready for Signatures 19 0 PRINTS RETURNED AFTER LOAN TO US C19" y��'�.3= � 1 BRE I+I; ,. ,.0.. foNSTRue"- - (Note: Please return to our office as soon as possible in order COPY T ICTEt)s, LTD SIGNED: Newton L. Hailey,. Jr. AIA_Zfljb FORM 240.3 Aveiiabte from/rte/inc.. Grown? Moss. 01450 ff enclosures are not as noted. kindly notify us et once. r • August 21, 1981 FAYETTEVILLE, ARKANSAS OFFICE OF CITY MANAGER P. O. DRAWER F 72701 - 15011 521.7700 Brennan -Boyd Construction Company, Inc. P. 0. Box 307/Suite 580 First Place Fayetteville, Arkansas 72702 ATTN: Mr. John Marinoni, President RE: Phased Parking Facility South of -Meadow Street Fayetteville, Arkansas City of Fayetteville, Owner A copy of the executed contract is enclosed for your file. This letter constitutes "Notice to Proceed" on the subject project. The contract completion date will be 110 calendar days from your receipt of this letter. Please let us know if you have any questions concerning this matter. Donald L. Grimes City Manager CC: Hailey, Powers, Froning Architects, Ltd. P. 0. Box 790/Suite 440 First Place Fayetteville, Arkansas 72702-0790 HAND L}ELIVERED . A 4,04 (Pe RECEIVED BY DATE