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HomeMy WebLinkAbout88-91 RESOLUTIONTv • • • • i• RESOLUTION NO. 8R-91 A RESOLUTION APPROVING A CONTRACT WITH J. GRAVES, INC. FOR ASBESTOS REMOVAL IN THE K -HOG AND SYSTEMATICS BUILDINGS. 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 $36,250.00 between the City and J. Graves, Inc. of Fort Smith, Arkansas for the removal of asbestos from the K -Hog and Systematics buildings. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of May. , 1991. APPROVED: By Mayor ATTEST r;-► erk n. i � 11 E • AMERICAN I N S T I T U T E O F ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor 4 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. Me 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted _ .he this document by reference. Do not. use with otber general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contactors of America. AGREEMENT • made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Contractor: (Nanre and address) The Project is: (Nanie and llxatiml) Consultant The mot is: (Nance and address) Ninety-one. • day of May in the year of City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 J. Graves, Inc. Fort Smith, AR 72901 Asbestos Abatement project at KHOG and Systematics Buildings in Fayetteville, Arkansas. EEG, It(c. 1305 East Main Russellville, AR 72801 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. (D1987 by The American Institute of Archi- tects. 1735 New York Avenue, N.W., Washington, D.C. 211006. Reproduction of the inatcrtal herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will he subject ni legal prosecution. AIA DOCUMENT /1101 • O*'NER.CONTRACTOR AGREEMENT • TWELFTII EDITION • AIA' • (t'I9M7 THE AMERICAN INSTITI'TE. OF ARCHITECTS. 173C NEW YORK ACE.NI • E. Na.. WASHINGTON. D.C. 2IIIKKI A101-1987 1 • • • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents cogisist 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 foram the Contract, and are 25 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 Contactor 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: Remove and dispose of asbestos -containing materials to include: KHOG Building: Floor tle/adhesive and light fixtures asoutlined in Scope of Work and detailed in plans and specifications. SYSTEMATICS BUILDING: Floorthe/adhesive and carpet, insulation on joints, tees, elbows and valves, transite panels, ductwork tape on HVAC ductwork, and light; fixtures as outlined in Scope of Work and detailed in'plans and specifications. 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 he 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 proceed issued by the Owner. (Irser the date of commencement. 1/ it differs from the date of this Agreement or. if applicable. state than the date arra[ be fixed in a notice to proceed.) KHOG BUILDING - JUNE 10, 1991; SYSTEMATICS BUILDING - JUNE 14, 1991 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contactor 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 achiede Substantial Completion of the entire Work not later than (Inners the calendar date or number of calendar days after the date of commercemern. Also Insert any requirements for [artier Substantial Completion of cer- tain portions of are Wort. if not slated elsewhere in the Contract Documents.) KHOG BUILDING - JUNE 13, 1991; SYSTEMATICS BUILDING - JULY 5, 1991 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert positions. if any, for liquidated damages relating to failure to complete on time.) • AIA DOCUMENT A101 • OWNF.RCONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • V I9R7 THE AMERICAN INSTITUTE OFARCHITECTS. 1715 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 21W106 A101-1987 2 • • • ARTICLE 4 CONTRACT SUM 4.1 The Owner shall p• ay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Thirty-six thousand two -hundred fifty dollars and no cents Dollars (s $36,250.00v ), subject to additions and deductions as provided in the Con- tract Documents. 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: (Stan the numbers or other Identification of accepted alternates. 1/ decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. attach a schedule of such other alternates shooing the amount for each and the date mail which that amount Is ralld.) BASE BID 4.3 Unit prices, if any, are as follows: N/A A1A DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA' • 019N7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W. R'ASI IINGTON, U.C. 31KwK, A101-1987 3 • ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contactor and Certificates for Payment Lssuedby the Architect, the Owner shall:gake progress payments on account of the Contact Sum to the Contractor as provided below and elsewhere in the Convect 6ocuments. 5.2 The period covered by ach Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Payment due within 30 days of completion and acceptance of work. 5.3 Provided an Application for Payment is received by the Architect not later than the day of 2 month, the Owner shag make payment to the Contractor not later than the day of the 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 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 Schedule, 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 shag 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, Tess retainage of Ten. percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included 25 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 ofihe Contract Sum properly allocable to materials and equipment delivered and suitably stored 21 the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site ata 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 5.6.4 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, 2 sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the 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 r f ,be noire C'nrk, to reduce or limit the retainage resulting rum the percentages inserted in Subpara- graphs S. 6. l and 5.6.2 chore. and Ibis is explained elseu'bnve in the Contract D rtlmros, ismer, here prorishots for such reduct/uu or ;imira .) AIA DOCUMENT A10t • OWNER CONTRACTOR AGREEMENT • TWELFTII EDITION • AIA • ®19H7 THE AMERICAN INSTITIITF. OF ARCIIITECTS. I7i5 NEW YORK AVENIIF., N W., WASHINGTON, D.C. 20006 A101.1987 4 ARTICLE 6 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<filly'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 as 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, ff oral'.) N/A (Usury laws and requirements under the Federal Truth in Lending Act similar state and local courtier credit taus and other regulations at the Owner's and Condactor ;s principal places of business. the location of the Project and elsewhere may affect the raffd/l): of ibis prnritinrl. Legal adrice should he obtained with respect In derefinnn or moM)ications. and alto regarding requirements such as written disclosures or waiters.) 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may he 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 AGREEAIENT • TWELFTH EDITION • A1.1' • (ca1911' TIIE AMERICAN INSTITUTE OF ARCHITECTS. I'35 NEW' YORK MINI "E. N.W., WASHINGTON. U.C. Ilion t A101-1987 5 i • i • • ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, arc enumerated as follows: 9.1.1 The Agreementas:th%executed Standard Form of Agreement Between Owner and Contractor, MA Document A 101, 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 • Contract Between Owner and Contractor Tide Specifications City of Fayetteville & Drawings KHOG & SYSTEMATICS Buildings • Pages 8 9.1.4 The Specifications re those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Ellber list toe Specifications bete or refer to an ezbibit attached to INS Agrecnna.) Section Tide Pages Specifications City of Fayetteville- KHOG & SYSTEMATICS Buildings AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • 019R7 THE AMERICAN INSTITI ITE OF ARCHITECTS, 1735 NEW YORK AYFNIIE, N W , WASHINGTON, 0.C. 20005 A101-1987 6 • 9-1.9 The Drawings are as follows, and are dated (fitberlist the Drawings bar or refer to an exhibit attached to this Agrertnent.) Number Title jp 9.1.8 The Addenda, if 2ny, are as follows: f Number unless a different date 1$ shown below: Systematics Building KHOG Building Date 4/25/91 4/26/91 Date Pages 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. *1A DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA' • ®I9H7 TIIE AMERICAN INSTITUTE OF ARCHITECTS, I 73 NEW YORK AVENUE, NW., WASHINGTON, D.C. 2IXK)6 - A1O1-1987 7 • '9:1.7 Other documents, If any, forming part of the Contract Documents are as follows: (List burr any additional documents which are intended to form part of the Contract Don menus. 7De Gnnal (ondltora prOeMde that bidding requirements such at adrenlsement o Writ iso to old, Instructions to Bidders, sample forms and the Contractor's bid an mu pan of the Contract Documents unless enameaated In this agreement. They should be listed here only if Intended to be pan of the Contract oxvmentr) • N/A 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. OWNE R /��C�i f a et ville CO /�CTOR 004 a oraiit_. (Signature) (Signature) _ •'�_ S. VO N(x)2_ rlVo� I?Oc)ene hfccn - Seca r�y/ printed name and tide)f C� (Printed name and tt 19 , ( AIA DOCUMENT A10 OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • ®19R7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W , WASHINGTON, D.C. 200016 A1O1-1987 8