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HomeMy WebLinkAbout112-82 RESOLUTIONi • • RESOLUTION NO . 802, Ale A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH KAN-ARK INDUSTRIES, INC. FOR THE RENOVATION OF THE CITY ADMINISTRATION BUILDING. 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 Kan -Ark Industries, Inc. for the renovation of the City Administration Building in accordance with base bid no. 1 and eliminating deductive alternatives no. 1 and lA of the bid specifications prepared by Hailey, Powers, Froning Architects, Ltd. at a total contract price of $1,077,435.00. Said contract shall provide for completion of all work within 365 days from receipt by the contractor of a notice to proceed from the City and shall be in a form approved by the City Attorney. PASSED AND APPROVED this /,jij day of ...4 a.S%y 1982. A EST: ;y` e".. sem. ° By '#� ,m `City Clerk APPROVED: CER'T'IFICATE OF RECORD State of Arkansas City of Fayetteville SS 1, Mary E. Griffin, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by certify that the annexed or foregoing is of record in my office and the same ap- t pe� in_Ordnnance E Resolution book _ .—at page— Witness my bax4 and seal this . - •-day of 19 atir aenk and Ex -Official fl otder THE AMERICAN INSTITUTE OF ARCHITECTS 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 I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AlA Document A201, Genera! 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 FOURTEENTH day of SEPTEMBER in the year of Nineteen Hundred and EIGHTY-TWO BETWEEN the Owner: and the Contractor: The Project: The Architect: THE CITY OF FAYETTEVILLE A MUNICIPAL CORPORATION P. 0. DRAWER 'F' FAYETTEVILLE, ARKANSAS 72702 KAN-ARK INDUSTRIES, INC. 3301 NORTH SECOND STREET / P. 0. BOX 277 ROGERS, ARKANSAS 72756 RENOVATION OF CITY ADMINISTRATION BUILDING FAYETTEVILLE, ARKANSAS HAILEY•POWERS•FRONI'NG ARCHITECTS, LTD. FIRST PLACE SUITE 440 / P. 0. BOX 790 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® r ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 30006 A101-1977 1 1 11 • 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 of the Work as used on other Contract Documenls.) • Renovation of City Administration Building, Fayetteville, Arkansas. Scope as outlined in Article,. 1.3, Section 01010, Division 1 o f the Contract Specifications. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to he performed .under this Contract shall be commenced upon Contractor's receipt • of "Notice to Proceed" and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating w failure to complete on time.) three hundred sixty-five calendar days (365). Extension(s) of time shall be delivered as per Article 4, Delays and Extensions o f Time and Article 6, Contract Time,. Section 00080, Division 0 o f the Contract Specifications. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • MAC ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 • • A101-1977 2 t. 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 ($ 1,077,435.00) ONE MILLION SEVENTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-FIVE AND NO/100---- ----DOLLARS The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Lump Sum Amount as received for Base Proposal Number One (1) less Deductive Alternates Number One (1) and Number One -A (1A). Alternates Two (2) through Six (6) were not accepted. Base Bid No. 1 $ 1,109,385.00 Less Alternate 1 10,800.00 Less Alternate 1A 21,150.00 Contract Sum $ 1,077,435.00 ARTICLE 5 PROGRESS PAYMENTS -Based aeon-,4ppl+cefions for PaymenMtbrrii4Eed-te Ehe-Arebitect 19r the Eentratter-ane} Eel—Skates-forPaymerrt issued- - -by -the-Arshireetrdap Owner-skaJL-make-progress-payraentcoaaecoeru of- the Eentreet-Sem 4o -t# a Eerrtraeter-as pro - -vide/1 n-t6aContract Dcn ocueatri sfor th -per-ending -the- day-oftthe -fno&h-c&foHewst- Notlatectllan- - days- fol -lo irag-theend-o theperiod-cerered-bythe-App4:eeEiorrferPorment- acceatl__-_°/a1ofthe .poWoo. of_theCoatractSum_propedy.allocable. tt-labar, materia k -nod - _equipment incorporated- Pi -the -We rk aad percent -I,- - - s'uf •of the peril err efthe-C-on tract - 3emproperfy-a+leeeble to- mated -Ms -and. equipment -ft itabfy-stored-at the -site -art sonmvther Location agreed-uporr - -iawri.tingrferal1e-peried eovered-by-the-Appliration-fer-Payment, less-theaggregale-of pfevieds-paymenEs-made by -the - QwneE;aad. =JO SubstaatiaLCampletioaaf16e-enDre_Wcu ,a 5urnsufficient-tuJaaeasa.tbatDtaLpayments-to percent--_- 1,4 -et the-Coat:act-Sum.lesssuchanu)uatsas-t o-Ar-chitect-slaalLdetecmiaaforall- incomQlete Work and_u_nieltl€dsldtLn5fj&Qrptided Jathe CpotracLQacutnerlls.- (If 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.) Payments shall be made in accordance with Article 1.7 Payment Requests, Section 01155, Division 1 of the Contract Specifications. ' Taymeng due and unpaid -under the Con1raEtlTbcumenrs sFall-bearinteresT From the clitepay_ment is due at the rate entered belaw,vrirrthesbsertcethereof:atthe-legaF2te-prevailingattheplace-ofihe-PrajeR- (Here insert any rate of interest agreed upon.) (Usury latus and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. 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 • IUNE 1977 • AIA, 01977 • 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: (List below the Agreement, the Conditions o/ the Contract fGeneral, 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 Document 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 August 2, 1982, Sheet Numbers Al through A20, Si and S2, ME1, M1 through M5, and El through E4. d) Specifications containing Divisions 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14; 15, and 16. (Divisions -PF -;-12, and 13 are not used.) e) Addendum Number One (1), dated August 26, 1982 (28 Items). f) Addendum Number Two (2), dated August 30, 1982 ( 5 Items). g) Addendum Number Three (3), dated September 1, 1982 --Telephone (3 Items). 7.3 Not less than the prevailing hourly rate of wages as specified shall be paid to all workmen performing work under this Contract. This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR THE CITY OF FAYETTEVILLE KAN-ARK INDUSTRIES, INC. nicipal Corporation-'gers, A Kenneth :• g, President Olivia Kelly, City 'Clerk Easter Davis, Secretary: Rctf AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • IUNE 1977 • AJA® (91977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., N.W.. WASHINGTON, D. C. 20006 A101-1977 4 • 'HAILEY • POWERS • FRONING ARCHITECTS, LTD. P. 0 Box 790- Fiist Place, Suite 440 FAYETTEVILLE, ARKANSAS 72702 Phone 442-5565 City Manager's Office TO The City of Fayetteville City Administration Building Fayetteville, Arkansas Attn: Mr. Don Grimes WE ARE SENDING YOU EX Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints O Copy of letter ELL fl -n3 -o77 rpgwiniDfAEL DATE Sept. 27, 1982 JOB NO. 8103 ATTENTION Mr. Paul Noland Mayor RE City Administration Building Renovation ❑ Plans ❑ Samples 0 Change order Contract the following items: 0 Specifications COPIES DATE NO. - DESCRIPTION 3 9/14/82 A101 Standard From of Agreement Between Owner and Contractor (1977 Edition) -- Stipulated Sum Payment Basis THESE ARE TRANSMITTED as checked below: REMARKS • O For approval 0 Approved as submitted ❑ For your use ❑ Approved as noted O As requested 0 Returned for corrections ❑ For review and comment LX O FOR BIDS DUE ❑ Resubmit copies for approval ❑ Submit copies for distribution D Return corrected prints gnatures 19 0 PRINTS RETURNED AFTER LOAN TO US Please return two (2) copies to our office. We will distribute a copy to Kan -Ark Industries, Inc. and retain one (1) copy for our files. Also, before issuing the "Notice to Proceed", please contact me in order to coordinate the date of issuance. COPYTO SIGNED•Newton L. Hailey, Jr., AIA /b,b If enclosures are not as noled, kindly notify us al once. are October 25, 1982 • • • FSnTTEVILLE, ARKANSAS P.O. DRAWER F Kan -Ark Industries, Inc. 3301 N. Second Street P. 0. Box 277 Rogers, Arkansas 72756 DEPARTMENT OF FINANCE 72701 (5011521-7790 Attn: Kenneth B. Ewing Re: Renovation of City Administration Building Notice: If the executed contract has been executed by the Mayor and City Clerk and when all required insurance certificates and performance bonds have been posted with the City Clerk and when a Building Permit has been ac- quired, you may proceed with construction acitivities in accordance with the Plans and Specifications unless otherwise modified in writing by the Architect and approved by the City. The contract completion date will be 365 calendar days from receipt of this letter. If you have any questions, please ask. Sinc rely, Ali i turman Mackey Purchasing Officer SM/tm cc Hailey, Powers, Froning Architects David McWethy, Assistant City Manager Hand Delivered: Reeftl gi ,d • M art October 25, 1982 FArETTEVILLE1, AR.KANS_4S P.O. DRAWER F Kan -Ark Industries, Inc. 3301 N. Second Street P. 0. Box 277 Rogers, Arkansas 72756 DEPARTMENT OF FINANCE 7001 (501)521-7700 Attn: Kenneth B. Ewing Re: Renovation of City Administration Building Notice: If the executed contract has been executed by the Mayor and City Clerk and when all required insurance certificates and performance bonds have been posted with the City Clerk and when a Building Permit has been ac- quired, you may proceed with construction acitivities in accordance with the Plans and Specifications unless otherwise modified in writing by the Architect and approved by the City. The contract completion date will be 365 calendar days from receipt of this letter. If you have any questions, please ask. Sincerely, fir turman Mackey Purchasing Officer SM/tm cc Hailey, Powers, Froning Architects David McWethy, Assistant City Manager Hand Delivered: / r Received By