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HomeMy WebLinkAbout176-91 RESOLUTION• • • • RESOLUTION NO. 176-91 A RESOLUTION AUTHORIZING A CONTRACT WITH HECKTHORN CONSTRUCTION COMPANY FOR RENOVATION OF THE KHOG BUILDING. 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 $127,524 with Heckathorn Construction Company for the renovation of the KHOG building. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of September , 1991. APPROVED: By <���(//r May r �%�r2--\ ATTEST: By: a! 4s 4 S 00144 City C.'erk T H ' '. '. A M E R I C A N INSTITUTE OF ARCHITECTS • AIA Document A101 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 A1A Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use witb otber general conditions unless Ibis document is modified. This document has been approved and endorsed by The Acsnriated General Contractors of America. AGREEMENT made as of the Thirteenth Nineteen Hundred and Ninety -One BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and local:on) The Architect is: (Name and address) clay of August in the year of City of Fayetteville Administration Building 103 W. Mountain Street Fayetteville, Arkansas 72701 Heckathorn Construction Comapny 1880 Birch Fayetteville, Arkansas 72703 Renovation of existing two-story building (Old KHOG Building) adjacent to the City Administration Building, W. Mountain Street Fayetteville, Arkansas Perry L. Butcher 440 N. College Fayetteville, AR. The Owner and Contractor agree as set forth below. & Associates 1161 W. Walnut 72701 Rogers, AR. 72756 Copyright 1915, 1918, 1925, 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 DOCIIIIENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • MAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subplot to legal prosecution. A101-1987 1 L • • • • 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 specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Expansion of City Administration Building Fayetteville, Arkansas 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 ptucccd issued by the Owner. (Insert the date of commencement, if it differs from tbe date of this Agreement or. if applicable, state tbat tbe dale will be fixed in a notice to proceed.) Work shall commence with Ten (10) days of issuance of 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 tbe calendar date or number of calendar days after tbe date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of tbe Work, if not stated efsewbere in tbe Contract Documents.) One Hundred (100) consecutive days dating from ten (10) days from the date of letter of Notice to Proceed. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, f/ any, for liquidated damages relating to failure to complete on time.) AIA DOCUIENr A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vbides U.B. copyright Ism and Is *ogee to legal ptosseutlon. A101-1987 2 • i l ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Twenty -Seven Thousand Five Hundred Twenty Four Dollars (f 127,524.00 ), subject to additions and deductions as provided in the Con- tract UOCUMCIMS. 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 other identification o/ accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule o/ such other alternates showing the amount for each and the date until which that amount is valid.) Base Bid $127,524.00 4.3 Unit prices, if any, are as follows: • AIA DOCUSENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • t 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and M aubnct to legal prosecution. A101-1987 3 • • • 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: 5.3 Provided an Application for Payment is received by the Architect not later than the Fifth day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Ten 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 scheduke, 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 values, less retainage of **TEN** percent ( 10 %). 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 site at a location agreed upon in writing), less retainage of **TEN** percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.8.4 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 payments to One Hundred percent( 100 %)ofthe 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 tbe retainage resultingfrom the percentages inserted in Subpara- graphs 5.6. / and 5.62 above. and this is not explained elsewhere in the Contract Documents, insert here provisions for sucb reduction or limitation.) N/A 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 WARNING: Unlicensed photocopying violates U.S. copyright Inns end is subject to legal prosecution. A101-1987 4 • • ARTICLE 8 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made 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 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 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 25 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, if any./ Ten Percent Pc Annum (10%) (Usury laws 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 tbls provision. Legal ach ice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 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 WARNING: Unlicensed photocopiing violets U.S. copyright trsm end Is aubiect to legal prosecution. A101-1987 5 1 • • 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 Conuactor, 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 Project Manual dated , and are as follows: Document Specifications Title Pages 00800 Special Condtions 00800/1 thru 00800/5 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eitber list the Specifications here or refer to an exhibit attacbed to tbis Agreement.) Section Title Pages See Attached Sheets 6A and -6B AIA OCCUPANT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • C1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Cawood photocopying violates U.S. copyright lows and h auhlact to lard ptoaacutlon. A101-1987 6 • • • • 9.1.5 The Drawings are as follows, and are dated /Ettber list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title A-1 A-2 P-1 M-1 E-1 E-2 E-3 9.1.6 The addenda. if any, are as follows: Number Number One Number Two unless a different date is shown below: Floor Plans Schedule & Details Plumbing Plans Mechanical Plans, Schedules Lighting Plans Schedules Power Plan, Schedules Riser Diagrams, Details Date August 6, 1991 August 7, 1991 Date 7/22/91 7/22/91 7/22/91 7/22/91 7/22/91 7/22/91 7/22/91 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 A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAa • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: U. -'Cowl photocopying violates US. copyright law and N subject lo NO prosecution. A101-1987 7 • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form pan of tbe Contact Documents. The General Conditions provide that bidding requirements suds as advertisement or invitation to bio Instructions to Bidders, sample forms and the Contractor's bid are not pan of tbe Contract Documents unless enumerated in this Agreement. They should be listed hen only if intended to be part of the Contract Documents.) 00010 Notice to Bidders 00100 Instruction to Bidders 00300 Proposal for Lump Sum Bid 00500 Agreement 00610 Performance & Payment Bond 00630 Bid Bond 00010/1-00010/2 00100/1-00100/3 00300/1-00300/4 00500/1-00500/2 00610/1-00610/2 00630/1-00630/2 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. 7 City ofteville. AR. CONTRACTOR Reck ction Company ignarure) / 'tore) Fit d S. Uot.sAAire t) fility.a Nis L.ii` Ytsatzed (Printed name and title) (Printed name and title) 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 WARNING: Unlicensed photocopying violets. U.S. copyright Ines and Is stgwt to IgM prosecution. A101-1987 8 • • • 1 1 1 1 1 1 1 rn 1 1 11 1 1 1 • • • Sect ton Title TABLE OF CONTENTS 00010 Notice to Bidders 00100 Instructions to Bidders 00300 Proposal 00500 Agreement 00610 Performance and Payment Bond 00630 Bid Bond 00700 General Conditions 00800 Special Conditions DIVISION 1 01010 O 1020 O 1500 01700 DIVISION 2 02050 DIVISION 03300 - GENERAL REQUIREMENTS Summary of Work Allowances Temporary Facilities Project Closeout - SITEWORY Demolition 3 - CONCRETE Cast -In -Place Concrete DIVISION 4 04100 04150 04210 04220 DIVISION 5 05120 05210 05311 05401 DIVISION 6 DIVISION 7 07631 DIVISION 8 08111 08210 08410 08710 08800 - MASONRY Mortar Masonry Accessories Brick Veneer Masonry Concrete Unit Masonry - METALS Structural Steel Steel Joists. Steel Floor Deck Cold -Formed Metal Framing - WOOD AND PLASTICS - NOT USED - THERMAL AND MOISTURE PROTECTION Gutters and Downspouts DOORS AND WINDOWS Standard Steel Doors and Frames Wood Doors Aluminum Entrances and Storefronts Finish Hardware Glazing Table of Contents -1 • • Section DIVISION 9 - 09250 09310 09511 09660 09680 09900 D IVISION 10440 10520 10810 Title • FINISHES Gypsum Drywall Ceramic Tile Suspended Acoustical Ceilings Resilient Tile Flooring Carpet Painting 10 - SPECIALTIES Interior Signs Firefighting Devices Toilet Accessories DIVISION 11 D'VISION 12 D IVISION 13 D IVISION 14 - EQUIPMENT - NOT USED - FURNISHINGS - NOT USED - SPECIAL CONSTRUCTION - NOT USED - CONVEYING SYSTEMS - NOT USED DIVISION 15 - MECHANICAL 15010 Basic Mechanical Materials and Methods 15250 Mechanical Insulation 15300 Automatic Sprinkler Systems 15400 Plumbing Systems 15440 Plumbing Fixtures 15890 Ductwork D IVISION 16 - 16050 16110 16112 16120 16121 16130 16140 16160 16170 16440 16450 16470 16490 16500 1650 16721 16740 16900 16920 ELECTRICAL Basic Electrical Materials and Methods Raceways Conduit Systems Wire and Cables Cables, Low Voltage (600 Volts and Below) Boxes Wiring Devices Cabinets and Enclosures Disconnects (Motor and Circuit) Disconnect Switches Grounding Panel boards Switches Lighting Lighting Fixtures Fire Alarm - Local Building Systern Telephone Systems Controls Environmental System Control Table of Contents -2