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151A-90 RESOLUTION
Asa RESOLUTION NO. 151A-90 A RESOLUTION AWARDING BIDi/90-47 TO JAY GRAVES INSULATION COMPANY IN FT. SMITH, ARKANSAS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $22,220.00 with Jay Graves Insulation Company in Ft. Smith, Arkansas for the removal of asbestos in Fire Stations 1, 3 and 4. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 10th day of October , 1990. APPROVED: l� 1 CATTEST: A City • h 1 • By: /zernil aeXpe2 Mayor • • • • PROJECT • CITY OF FAYETTEVIL E CONTRACT/LEASE REVIEW NAME/WE01 SINitt Please review the attached co�ntract/Iq and �,j�rw c �4 tJ1V151 /t) cP MEN t 1 Ci Attorney t mance Purcha nager • nate �cJ Comments o- g-9 0 Da Comments ( I icit gate , (0— ►8-40 ate Comments Otto pcv, Co s #6"7P- S` 7 - iLV 7 - -Xo V ` o o Comments PLEASE RETURN TO THE PROJECT MANAGER OR DESIGNATED PERSON WHEN THE REVIEW PROCEDURE HAS BEEN COMPLETED. II F. A AI E fl I. C, A N I N S I I I I/ I F. O F A R i, N l I E I. I AM Ik(nment A101 Standard Form of Agreement Between Owner and Contractor IPbetr' the basis nJ payment is a Srmcu.Arry SUM 1987 EDITION '77115 DOC,71111FNT NAS 1A11'OR7ANT LEGAL CONSIV11FNCFS; CONSULTA710N 11111/ /IN ,I77ORNF1' LC FNC(.)IJR/16Iia 11117/ RFS7'FC7' 70 ITS COAfI'LF77ON 01? A10L N17CA710N. 71'r 1987 Edition of ,ILI Ilnc noun/ ,1203, Crucial Conditions r f the C•rrrriracl Jr Counrnllion, is adopted in this dor a,nrnf hp rrlrrrrrrr, Ho not t,., with other Rrnrml condilions nnless Ilria lortoorrrl is rnndilnrd. This (locomen/ has been approval Ind endorsed hy.'Ihe Associated Groan! Contractors or America. AGREEMENT made as of the Tenth Nineteen Hundred and BETWEEN tate Owner: (Name and (Tett ,ys) and the Contractor: (A'nr to m,d nddn•ss) The Project is: (Menne mrd t Pr atir o.) The iuu Co uusulta4t 1p5:t (Mn)r1' and rhlrlrrcs) day of October Ninety City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 J. Graves Insulation Company, Inc. ' 715 Fresno Fort Smith, AR 72901 in the year of Asbestos Abatement at Fayetteville Fire Stations #1, #3 and #4. EEG, Inc.< 1305 East Main Russellville, AR 72801 The Owner and Contractor agree as set faith below. tom right 1915, 1918, 1925. 1937, 1951, 1958, 061, 1963, 1%', 1974, 1977. (019117 hr l'Itc Amrri( an InsUmrlr of Arclii• kris, 1731 Nc)). 1'ork Arco ,r, N.W., 3C:Ishingrnn, 1) (:. 21111116. 8rpnnlirclinn nl rbc 11)31c11:11 111:1011 nr subsianlhd qw'l li"li 111 Ii PIC nis41115 n irhnyt n rluen pcnnlssim, 0111)c AIA Hnl:ors rbc copyright lams al Ute 11n40 Stairs and will lir subjrr r la Irg:d 111/1Sel inn. AIA DOCUMENT ACEI • OWNrR-CONTRA(:IOR ACREEMIiNI • ITTUP I:nn Ir' • MA' • E.pnl7 ME IR ATII.R n'A N INS I 1 I I l li nl' MICUN ll l F ITS, ITIS runt' YORE ACINI F. N n .' ,1SI IINC I ON. n C ?moil A101-1987 1 • ARTICLE 1 TIIE CONTRACT DOCUMENTS IIIC Cntltra(t Ihl('Irlllcnls consist of this Agrait11Cr11, Conditions of the Contract ((;cticral, Suppiemrmaly and other Conditions), Drawings, Slat(Ilicatlons, Addendi issued pilot In execution of this Agreement, other doctuncnts listed in this'Agrecnlan and Alrldifcatinns issued after execution of this Agreement; these korm 1110 Contract, and arc as 111I1y a part of 111c'( ml ract as if anachrd to this Agrretllrtit Or rrflcated herein. 1 h Contract represcitts tilt credit and 'nitrated agrctincill hclwtt,i the panics IICICtfl a11(1 snpers':des prior negotiations, rrpirsrnrations or agtccmcots, either written nt oral. An enwneratinn of (lir Contract I)ocumenls, other 111111 Modifications, appears In Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT I he Contra( tor s11111 excellte tilt Celtic Work (ICsclihct in the Contract I)octuiirnts, except to the (—Sheth specifically indicated in 111c Cmltr act I )tctuncnls lo 11C IIIC responsibility of Mins, Of aS follows: Base Bid: Station No. 1: Removal, disposal and replacement of asbestos containing ceiling tile and fiberglass batt insulation as per drawings and specifications. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION • 3.1 'I -lir daie of coumlenrrnlrtlt k the date from which the Contract lisle of I'aragrapb 3.2 is rricasrnrel, and shall he the daft of ilk Apr cement, as first wrhlal a1/ave, unless a diffrtcnl date Is sl a1 td 11C1111V or provision Is nla(Ie for 1110 date to he frxcd in 1 notcc Io proceed 'ssur(I by the Owner. fleeted the Anfr n(11,0,,,rnrrmrnl. If It Alffrrs from fhr rime of this Agrfrnrrnl or, If npp/frnhle. srnrr Ihnl Ihr Ante will hr fixed In n notlrr In pnKrrd ) October 15, 1990 - Station No. 1; October 22, 1990 - Station No. 3 October 27, 1990 - Station No. 4 111dcss the (late of commencerrlent Is established by a notice to prrlcred Issued by lite On -nu, the Contractor shall notify the Owner In Writing not Tess than Ove clays before ((1mnrnch lg, 111e Work to Ixtnnll 1110 timely filing of mortgages. mechanic's liens and other security Interests. 3.2 lbc Di/mac-tor shall achieiic Substantial Completion of the entre work not btu than liternlrn,l,. Salem numbly n/ rnlrndor An Cr rifler lin• drift of rwrrmrt"nrruinl Alsn lnsrr l any regtlr rnrrnt.,fr'r rnrlrrr,(nln ranllnl Cn nydrlbo Of r rr foil pm tie nn rr( Mr Ea+. If WO 'toted rhrrrhrrr In the Cnrrrrm 11hr wnterrrr ) October 21, 1990 - Station No. 1; October 22, 1990 - Station No. 3 October 31, 1990 - Station No. 4 , st1,lcct 10 amustmcnts of oils Contrarl Time as provided in the Contract I)ncurncnls. (bunI pr, it/fir ins. if mel% for hg,AAnhd donorgcs trin,lrrg m failrnr In rmnplrtr int I/nrr ) Failure to complete as per contract by the agreed upon dates will force the Contractor to suffer liquidated damages of $800.00 per day. AI* DOCUMENT *101 • OWNER CONI RA(:irR AGIlrrMr.u1 • 1WEIrIII EDI I ION • MA• • R)19111 111E AMEN( AN INC I II Plc or ARCI II t r(:I s. 11) i NE W Y(MN APENI'E. N w. t1 ASI IINGI l )N. 1) e. 211006 A101.1987 2 ARTICLE 4 CONTRACT SUM •4.1' '1 he Owner shall pay the Contractor In cuneIlI funds fat the Contractor's petfornlance of the Contract Ute Cnntrac1 Sunt of Twenty Five Thousand two Hundred Twenty and 00/144 Dollars (1 25,220.00 ), suh�cct to additions IUons anti d CUCI.0ns, as provided In the Con- tract Documents. 4.2 lite Contract Sun) Is based upon the following alternates. If any, which arc (ICAedhe(h ht the Contract Documents anel arc hereby accepted by the Owner: (mart s?,rrrr.nrhn 1 err other feint, pi rf orf rplyd alar .,at., I/ rite I. Inns sin Whet n/ler rrnlrS Mr to hr moat hi lir(Inter l ularguera to the r• rnai'n,al Ibis Ag, rrrnrrn, atter( 1 a It IrAde of verb other alter na ler sl,rnrirrg the amount per roar and Thr date a our orbit h That ammo; l N IMO ) Alternate No. 1: Station No. 3: Removal, disposal and replacement of asbestos containing ceiling tile and fiberglass batt insulation as per drawings and specifications. Alternate No. 2: Station No. 4: Removal, disposal and replacement of asbestos containing ceiling tile and fiberglass batt. insulation as per drawings and specifications. 4.3 (hilt prices. If any, are as follows: N/A AIA DOCUMENT AtOt • (PI NER4:VN I RA(: IR ACREEAIIiNI • I'$Elf t 11 EDI 1111N • AIA` • h)Ipn7 1111! AMEIItt AN INS 1I I11 E 1)E AR(111111:I S. I'}A NEW 1'(1RK A%8Nt1E, N tt'. NANIIIN':I ON.11.t: Swwv, A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 1115ed upon Applications for Payment submitted In the Architect by the Contractor and Certificates for Payment issued by the Arcldleci, the Owner shall tnakc progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere In the Contract Documents. 5.2 Thr pCI111 COVV!Cd by each Application for Payment shall be one calendar month ending on the last day of the month. or as follows: Upon completion. 5.3 Provided an Application kir Payment Is received by the Architect not later than the clay of a month, the Owner shall Make payment 10 the Contractor not later than the day of the month. If an Appltcaton fur Payment Is received by the Architect aflrr the application date fixed above, payment 511111 he made ley the Owner not later than days ahcr the Architect receives the Application for Payment. 5.4 Each Apq,licalinn fru Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Crxlna(-t Uic MUCOUS. TI,C Schedule of Values 511111 allocate Ilii entire Contract Stiti, among the S'allntl.S portions of the Wotk and hr prepared in surii foam and supported by such data to sulisi uiu tale its accuracy as the Architect may require. This Schedule, artless objrrlrrl to by the Arcihitect, shall he used 35 a basis for reviewing the Contractor's Applications for payment. 5.5 Applications kir 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 Suhjcct to the provisions or the Contran Documents. the amount of each progress payment shall be computed 15 follows: 5.6.1 Takc that pnrtinn' ,1 the Contract Siireh plf q crly allocable to completed Work as determined by nntitiply log the percentage completion of mach jxndon of the Work by the share of the total Contract Sum allocated to that jxxton of title Work 111 the Schedule of Values, Icss rctainlgc of Teri percent ( 10 1,i,). rending final dri ernlhlatin i of cnsl to the Owner of changes in Iht Work, amounts not In dispute may be Included as provided In Subparagraph 7.3.7 of the General Conditions even though die Contract Sum 1125 not yet been adjusted by Change Order; • 5.6.2 Add that portion of the Contract Sum properly allocable 10 materials and Cqh tiptteeni dell ve rcd and suitably stored at the . site fir subsequent Incorporation In the completed construction (or, If approved In advance by the Owner, suitably stored off the site at 2 location agreed muffin Willing), less retainagr of Ten percent f 10 %): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, If any, for which die Architect has withheld or nullified a Certificate for Payment as provided in vara graph 9.5 of the General Conditions. • 5.7 The progress payment amount determined In accordance with Paragraph 5.6 shall Ile further modified undcr the following cIrcunhstanccs: 5.7.1 Atd, upon Substantial Completion of the Work, a snni sufficic111 m-htttcase the total payments In • One Hundred percent ( 100 ?) oft he Contract Sum, Icss such amounts as the Architect shall determine kir Incomplete Work and unsettled C1211115; 111(1 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 ac tetellnce w Silhpal age aph 9.111,3 of die General Condlt Ions. 5.8 Reduction or limitation of retalnagc, If any, shall be r follows: (1/ it 15 frrlrelAvl, prier fn Sob•Inrrllnl (.:mrplrNort fp! 11v (miff r• It'rrrk, to r minor nr /fill it Ile rrrnirragr rr<Idlirrp from flee pi.rr ange, ' 'rrrd ire 507pnra pro/1/11 5 6 1 and 5 61 abaft and r/rir 1< reel esprit pint rhro-hrre. ire IN. °mired I)r n orrer1f I¢nr1 herr fern d111n for •rx h r ohm 11111 ar Imrrrnlif in 7 AIA DOCUMENT A101 • owNrn.CON 1 RACI UR AGREEMF.NT • 121:1.1111 Ill/1110N • AIA • 4)1917 1111: AM111111A N INS ,,1111 E Ur AR(f1111 ECT s, I ?3S NEW 111RR AYENI IE, NR' , WASHING111R U (:. 212216 A101-1987 4 ARTICLE 8 FINAL PAYMENT Final payment, constituting the entre unpaid l,akuice of die Contract Sunl, shall be Tilade by the Owner to the Cont ractnr nficn (I ) the Connacl has here 0111y pert( lett led by 11le (AI111 act or excel (Or 1110 C011111001.5 fCSp111151111111 y til Cf irfcCI 111111( Inf11 r111111g \Cntk as 'untitled in Subparagraph 12.2.2 of Ilii Grllcral Conditions and to satisfy other IrrlUlrclllenis. If ally, which rleccssatily survbr fit ill payment: and (2) a Mini Cc!1Ificate rut Pay tt tent has been Issocd by the Architect; such flnnl payment sh:dl he made by Ow Owner not more duan 30 days after the Issti:lnce of the Architect's final Certificate for Payment, of as (mina's See Specifications and General Conditions to the Contract. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Q'hcrc rt'fr1('Iice Is dunce Ill Ibis Agreement 10 a provision of the General Conditions or another Contract creno refers to dint prnvLAon as amended or sitrplcnlernetl by other pros isioos Of the Contract Document 7.2 I'aynlcnls due and anpald antler the Contract 511111 hear interest from the (late payment is cure at Mc rate the absence thereof, at the legal talc prevailing from time tO tole at 11w place where I)IC Protect is located. prim) rate of inter rif (w.rt ufmrr, IJ nor) N/A Ihxununl, doe ref s. slain] I,cIon ', Or 111 ( CS lire IA11 ;I APIA• rvluir rr.orn folder I/Y redeem 1rul/r Tri trotting Al 1,.Teel liar Slnlr nerd Inn n)rnrpnrner o relit lens and Allier IYR.IafrrrrI5 nl the 1hewn lewd (.inrnru /"1111 rpnl pinou J 1,11.1irn•,y, lhr l•n nlierrr r,J Ihr 1'.. I and •l.rulh'rr nom Affil l the 1•tjh, ill' r/ this /11(111. typal mit 4 e Slrrrrdrl h• nhlnnu'rl irh•e Sfir(I m Arlrurnr<nP nrnrlilh NhnloAnel,,lfnreprrr oho); rrgrtirrrnrntr 'nth 05 it Finn. Aiv incur( 1'r Aerie1'113 - 7.3 ()tiler prm islons, N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 '1 he (imlral 1 may he terminated hP the On tier or the Contriclur as VIM I(I' 1111 An(cic 1'1 of the Gcncr:I Conditions., 8.2 TN; Wolk tll:lt' he Sittpetl(Icd IIP air Oa'tl('r as provided h1 Arto lc 1'f of the Gem rd Conditions. AM DOCUMENT A101 • ata NEN (:on RAC1 OP AMIN17M1:NI • I\ t:111111!1/I l lnN • AIA• • 6'1911' 1111( AAICN,' AN IN', 1I 1 1 1 0 A11(1111 1:11 G. t -{SNF'' VOW:.AVENt'1'. N R' W ACIII.C(:1(IN, 11( 211nI6r • A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 'I he Contract Documents, except for Modifications Issued after executkm of thls Agreement, arc enumerated as follows 9.1.1 'the Agreement Is this executed Standard Form of Agreement Between Owner and Contractor, AIA Ihcument A101, 1987 9.1.2 Tbr Crum! Condithlns are the General Conditions of the Contact for Construction, AIA Document A201, 1981 Fdltlon. 9.1.3 'Ihe Supplementary and other Condiunns of the Contract are those contained 10 the Protect Manual datrd , and are as follows: Document title Contract Between Owner & Contractor rapes 8 9.1.4 i be Specifications are those contained In the PnlIect Manual dated ac In Subparagraph 9.1.3, and are as follows: (Either 1i51 rhe cprrlflrallom herr or frf. r 10 an (-Odin} "Mather! 10 lhl, Axrremenl.) Section Title rapes Specifications Stations Nos. 1, 3, 4 AIA DOCUMENT A101 • OWNER (:()NI RACIOR AUPFF.MENI • la'EI.FIfI E17111014 • MA^ • lE)I9R7 111E AMERICAN INS -111111F. (11- ARCI Il t FC1 S, 1 HS NEW YORK AVENI IF., N1( . W'ASIIINf.1011. D.C. 2011116 A101-1997 6 ' 0.1.5 The than Ings are as fo00w2, 211(1 arc dated (Ether Iia IM 1 rmrcirra, herr or refer In no rththlt abut hrd to thl. Aplrrnrrnr ) lltle Doc Central Fire Station First Floor Plan unless a different dale Is slu,nn below! Number Central Fire Stations Second Floor Plan Fayetteville Fire Station #3, #4 9/4/90 Typical Floor Plan 9.1.8 I Ile Addenda, if any, are as follows: Number Date Pages 'Addendum #1 September.27, 1990 2 Portions of A Idnlda relating to bidding in lircnie 1S are not Part of dee Contract DOcmilci115 unless the hitting requirements are also enumerated in this Article 9. • AIA DOCUMENT *101 • ow NPR CONI RACIOR AGRr.F,NF.N1' • 12 EEtlll C01110N • AIA • ©19141 A101-1987 111E AMI RICAN !NA1111'1E or ARCIIIIEC1S,17(S NFn PORK APENI'I[. Nn'. \ A(111(11; MR U.0 2111221- 7 9.1.7 Other documents, If any, fomling pan Of the Cornract Ihxuments are as follows, (I.04, bar any nAAinnnal ydtomrnl7n'bh bort intrnderr fopnrnr parr of the (nmrn(l D,xmmerlf, ?IV General Condlllon• provide that bidding requirements wit, n, aThr, littoral m nn'nrFnn to bid, Infirm limn rrl BiAtin,. soar form{ anti the Contractor's bid are nrit part of thy C tart ail D tomrnb utter rnomrratrd 1' an! AR'r nmol 7701v .bottle/ br lleted hrre only if Intended 7n lr pmt of the Contract Document, ) N/A This Agreement is entered Into as of the thy and year first written above and Is executed In at least Once 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 Owocr. OWNER C y of Fayettev y D (.S Rrmrrlrr) CONTRACTOR J. Graves Insulation Company, Inc. William V:.Mart Mayor Wristlyd nnrrrr and Idle) Lee Theilen - Regional Manager (Printed name not IMO AIA DOCUMENT A101 • OWNER CONI RACIOR AGREEMENT' • 1 'X E?.FIII F.UII Il1N • Ale • ©19117 1 11F AMFRICAN 11151'11111 F lir ARCI111r..Cts. t 73 NE1a' YORK AVENUE. 14 11' WASIIINGION. I1 c. 21101A5 A101-1987 8