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Home My WebLink About47-82 RESOLUTIONRESOLUTION NO. 47- rot_ • 7/AICROFILMSQ: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McMURTREY CULLERS CON- STRUCTION COMPANY FOR.CONSTRUCTION OF AN INTERIM CITY HALL. 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 McMurtrey Cullers Construc- tion Company for construction of an interim City Hall. A copy of the contract authorized for construction hereby is attached hereto, marked Exhibit "A", and made a part hereof. g‘14 PASSED AND APPROVED this hit% day of 1982. ATTEST: CITY CLE 3 APPROVED: By IlMin24,0& MAYOR • 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 IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General ContractOr:s of America. AGREEMENT made as of the TWELFTH Hundred and EIGHTY-TWO BETWEEN the Owner: and the Contractor: The Project: The Architect: day of APRIL THE CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS in the year of Nineteen McMURTREY CULLERS CONSTRUCTION COMPANY, INC. P. O. BOX 977 SPRINGDALE, ARKANSAS INTERIM CITY HALL BUILDING FAYETTEVILLE, ARKANSAS HAILEY.POWERS.FRONING ARCHITECTS, LTD. P. O. 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, 1956, 1961, 1963, 1967, 1974, 0 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 Slates and will be subject to legal prosecution. AIA DOCUMENT A101 • OVs'NER•CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA€ 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 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 hiodifications 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 THEWORK The Contractor shall perform all the Work required by the Contract Documents for• (Here insert the caption descriptive el the Wail as used ofn other Conuact Documents.) The Interim City Hall Building on City property on the Northwest Corner of the intersection of Church and Rock Streets. The structure is a steel frame, brick veneered, air conditioned building designed for future conversion as a Police Maintenance .Facility. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced receipt of the "Notice to Proceed." and, subject to authorized adjustments. Substantial Completion shall be achieved not later than 120 consecutive calendar days from receipt of said Notice. Time is expressly made of the Mere insert any special provisiom In? Imuidated &mares relating to failure to remotely erp irme I essence of this Agreement. within seven (7) days of If the Work is not completed within s the Contractor shall pay to Owner as (it being impossible to determine the delay) the sum of $100.00 per day for the work is completed. And, Contract liable to Owner for said amount. The due the Contractor an amount equivale aid 1 fixed actu each o r an Owne n t to 20 co , agr al da cale d his r may accr n secutive calendar e ed, and liquidated mages occasioned by n dar day of delay u sureties shall be withhold from any u ed liquidated dama days, damages the ntil payment ges. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AI' (01977 • THE AMERICAN INSTITUTE 01 ARCHITECTS, 173.5 NEW YORK AVE., NAV., WASHINGTON, 0. C. 2000e M01-1977 2 • 'ARTICLE 4 CONTRACT SUM The Owner shall paythe Comractor M current funds for the performance of the Work, subject to additions and deductionsby Change Orderasprovidedin-the Contract Documents, Contract Sum of TWO HUNDRED ONE THOUSAND EIGHT HUNDRED FORTY-THREE DOLLARS ($201 1.84M00) The COMr2Ct Sum is determined as follows: (Stair herr Ihp base bid or mho/ Jump sum amount. accepted a)ternates, and unit prices. as applicable.) The lump sum as bid March 9, 1982, for the listed Interim City Hall Building • ARTICLE 5 PROGRESS PAYMENTS pf.5y../Avxivxdxcxtkvxxixx4cloxrxxotoxixeximooxx\xoNogNyxusomrx(x(x-ximcmcxtox.xix5xixexPorixExixixszaccx ?x,xxx-ka2T-Picy, nexrry PKYRrx x Y;f0:19: 99trX9 *WY. n- :,xict9spitrY.91WRX kY5fx'f ajx`iAiniirci xii5',Jff i'lexPA2513,iang TR 51 RaK6 )r,Ig gifn- 1:);sk rmixtxrxixirix damoxikck•XOTMIX(XVI X)X XIX MOX3X1 ‘YAeXi»x XIXXIXcX tX(1)5(Xr)FX k . EfKry X x xx RbX rk P%rXiScX %IX 1/49; 5Ar:(T31; X5X 'XIBCPR(»', FleX4W-XtX)X10/3X.X.1X5(qiXIX )?94)X13n9criX rxtxkof%92(ix xir-x,XrX xr; . wx% X xx x rkiNsc xrksit;ix9s; xinc\onor,:x xrx grrynannwx xcxrx9elirxxxxcx xcxix--TI.(3x'xsx athsextxiX XIX€X9F X-PRX )(lin WY,'X''X X9971 X -TWX OTTX1X?Tglx,{_rxcM,e_rx_Vrx\x,Rix-rx-xix(nex”Fxx ker X in*rxv,x-rx ir pxy,T2K% rx3 Y,eX ErCIM HICI% grxuRR '-?tIn%YLLna°01qnnekFrieYx?e,,ntri luiinIVX'Y'x'xeneI5(ExFxklx'xntsx,x xxxx xxxxxcx x stir xxiicxx ,x&);(exix'xrxix5f; xsxakamx9;wx x'x irkgnigix li3x14inx-intlIX xxl)tryx9g, xrx kx krxix-ix ix XTxrxri,sx (11 not covered elsewhere in :he Contract Documents. here insert any piovision COI Or reducing the amount retained alter the Woik teaches 2 certain stage of completion.) Progress payments will be made monthly as per Paragraph Eleven (11), PAYMENTS, Sub -paragraphs 11.1 through 11.3 Page 00080-4 of the Contract Specifications under Supplementary Conditions. ftvgpx 0:exaA )vx[r. trx,w)fr,ex9,9mx9r, KI-Sx1X Xixrail; *)y4( x Opx XIPX MMNIIX XXXfl X44: min MTN M mirk JMWX17TM rx VXIMIX PWXaRKT X'fl KIXTn X1010(9(I (irre ntr: any 'ale of Mir/ t5I /purr/ upon.) csuo. pod i 4:Quoin:Ian?, indre 1hr indent Truth in Irncting Arr. ,poirirli nal: ant! incal f nrnurnrv t it'd!! bn.! Anti other irptilal on at the Ownel, and C on:: prina:pat pian ni hurinew. rhir location ol Ihr I infect and riff,nhelf ahret Iiii• vatidilv nI Ihn pentntinn :Spot if ir legal advice ahould be chlorind with r Non-: In drierinn modrirearrun, or Other requitement, such a. nroorn &if idnnr, n AIA 000.101E N1 A101 • OwNIK-CONT FACT OR ACRE EMI Ni • EU VENT H EDIT ION • JUNI 1977 • AIA. €71577 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE.. NAV_ 1VASHINC1 ON. 0. 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 of the Contract (General:Supplementary, and other Conditions), the Drawings, the Speci(ications, 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 Editions). c) Drawings Dated February 18, 1982, Title Sheet and Technical Sheets Number One through Eight (1 - 8). d) Specifications containing Divisions 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, and 16. (Divisions 11, 12, 13, and 14 are not used.) e) Addendum Number One (1), dated March 3, 1982(19 Items). f) Addendum Number Two (2), (Itelephone) dated March 8, 1982 (5 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. 7.4 Contractor shall secure all necessary permits. Owner shall pay for all permit fees which are required to be paid. This Agreement entered into as of the day and year first written above. OWNER THE CITY OF FAYETTEVILLE A Municipal Corporation CONTRACTOR McMURTREY CUL,LERS."" Construction'Company, Inc. L glaWeaie eatawkaL.„ .Lc:lioxi cSi.' . , . Pa ul No and, Chcrl es WI. Cull ers:A Rresident 6-44-,--- atels-• Yell- •,. C. .j. Sherry Ro e, City Clerk Vella Fox, Secretary -Treasurer AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 I AIA6 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NM., WASHINGTON, D. C. 20006 A101-1977 4 .1-41.•••• •...11.114 CONTRACT STATUS REPORT THE /ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE&CASUALTY Date this Notice Mailed 15 Bond No. 6/i SeR 076619 Baa Amount of Bonds e211,Fil13 Date of Bond I 2,.. Name of Principal McnixtreynCualers Construction Co.. Inc. Address ErtIncelPler ..a. F ADDRESS YOUR REPLY TO City of Payettevillo Description .of Contract THE AETNA CASUALTY & SURETY CO P. 0. BOX /9 NASHVILLE, TENNESSEE 3'202 Qt.ro rrn intstr,i 474- 4,11... z - - According to our records contract for which above bond was given should be completed about Kindly furnish particulars indicated below. Yours truly, THE ;ETNA CASUALTY AND SURETY COMPANY • By Sov Ilartotield PARTICULARS REQUESTED Original Contract Price $ 2n1 • a Rio Additions to Contract $ IL/1 Total $ Deductions from Contract Total Contract Price $ Payments received to date e2/09Pi Earned Estimates due —D Retained Percentage Withheld Total $ 02/ 04,21 9 Attorney -in -Fact 021o9ir ..240Sg Amount of Contract Uncompleted $ If Contract Not Completed, probable date of Completion is If Contract.Completed, please state Date of Acceptance /— 26 g 3 Remarks Date 19 h is understood :hat the information contained herein is furnished as a mater of courtesy for the confidential use of the surety rind is merely an expression cd opinion. It is a Iso agreed that in furnishing this information, no guaranty or warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the ageht of the owner. AJA1-"-AAd..0)'-71 Owner: By• Title• A CAT. 449113 •DTVISION 0 - CONDITION OF CONTRACT SECTION 00040 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND ARKANSAS STATUTORY PERFORMANCE AND PAYME.NT BOND We McMurtrey-Cullers Construction Company, Inc. as Principal, hereinafter called Principal, and The AEtna Casualty and Surety Company as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Two Hundred One Thousand, Eight Hundred Forty Three Dollars ($ 201,843.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated April 12, 1982 entered into a contract with Owner for Construction of Interim City Hall for City of Fayetteville, Fayetteville, Arkansas w hich contract is by reference made a part hereof, and is hereinafter ✓ eferred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed u nder said Contract failing which such persons shall have a direct ✓ ight of action against the Principal and Surety, Jointly and severally, u nder this obligation, subject to the Owner's priority, then this o bligation shall be null and void; otherwise it shall remain in full force and effect. • No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after six months from the date final payment is made on the Contract, except by the Owner. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension o f time for the performance of the Contract, or any other forebearance o n the part of either the Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them,their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby w aived. 00040-1 ran no event shall the aggregate 14abi„1ibity of the Surety exceed,the sum set,.out herein. This bond is executed pursuant •to the terms of Act 351 of 1953 of the Arkansas Legislature, as amended by Act 209 of 1957 of the Arkansas Legislature. Executed on this 12th day of April , 1982. _100212":=74Y.N McMurtrey-Cullers Construction CoTranyiinc. -4;•, Principal c. , f 'By 1;•— /4.4 _ - 1-L17,r„ r).` r •-••• Piesident° The AEtna Casualty and Surety Company - Surety By ;.,T4 73747 -4.4s -Z Attorney inlfactd?tF.:;v, err • 00040-2 o THIS HI CERTIFICATE RTIFICATE @loaboaa Cal fita STOPS IS ISSUED DOES NOT AS A MATTER OF AMEND, EXTEND of INFORMATION OR ALTER THE w rya:LA 0 onLy AND COVERAGE CONFERS AFFORDED NO BY RIGHTS UPON THE POLICIES 0 THE CER.IFICATE LISTED BELOW. HOLDER. NAME AND ADDRESS OF AGENCY McNair & Associates PO Box 819 Fayetteville, AR 72702 COMPANIES • COMPANY LETTER A AFFORDING COVERAGES COMPANY LETTER NAME AND ADDRESS OF INSURED Franklin & Son, Inc. 302 West Sixth Street Fayetteville, AR 72701 Maryland :Casualty B Eir_emam aLs_lun_d COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance lis ed below have been issued to the insured named above and are in force at thi time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER -.TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liabil ty in Thousands (000) EACH OCCURRENCE AGGREGATE , A GENERAL LIABILITY _ 011 COMPREHENSIVE FORM 111 PREMISES -OPERATIONS n EXPLOSION AND COLLAPSE HAZARD El UNDERGROUND HAZARD • PRODUCTS/COMPLETED OPERATIONS HAZARD 2 CONTRACTUAL INSURANCE {2 BROAD FORM PROPERTY DAMAGE ca INDEPENDENT CONTRACTORS I-1 PERSONAL INJURY GL 54318942 3/19/83 BODILY INJURY PROPERTY DAMAGE 500 500 $ 500 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ PERSONAL INJURY $ AUTOMOBILE LIABILITY O COMPREHENSIVE FORM O OWNED 8 HIRED NONOWNED AB 65401259 5/20/82 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED s500 • EXCESS LIABILITY BODILY INJURY AND fl UMBRELLA FORM PROPERTY DAMAGE $ OTHER T HAN UMBRELLA COMBINED • FORM WORKERS' COMPENSATION - and • EMPLOYERS' LIABILITY TC3 20272894 3/19/83 STATUTORY _ 100-- (UCHACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Interim City Hall Cancellation: Should any of the above descrikd policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail U days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Cit y Clerk i Administration Building Fayetteville, AR 72701 ACORD 25 (1-79) DATE ISSU An 1 29- 1982 eru— odoclated ED REPRESENTATIVE 4? 0 04-4••• 4=}