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HomeMy WebLinkAbout98-91 RESOLUTIONRESOLUTION NO. 98-91 A RESOLUTION APPROVING AND AWARDING CONSTRUCTION CONTRACTS FOR ADDITIONS TO THE FAYETTEVILLE HIGH SCHOOL PURSUANT TO THE MUTUAL AGREEMENT FOR THE CONSTRUCTION OF EDUCATIONAL FACILITIES WITH THE FAYETTEVILLE SCHOOL DISTRICT NO. 1. WHEREAS, the City of Fayetteville on or about February 19, 1991 entered into a Mutual Agreement for the Construction of Educational Facilities with the Fayetteville School District No. 1; and WHEREAS, under the terms of said agreement the City and the District shall cooperate in the solicitation of bids from contractors and the awarding of contracts for the construction of the new high school facilities; and WHEREAS, under the terms of said agreement the City and the District are to approve by their respective boards the entering into construction contracts with contractors submitting successful bids; and WHEREAS, the District has presented tot he Board for its approval four successful bids from contractors for the construction of the new high school facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby approves and authorizes the award of the following contracts for the construction of the new high school facility under the terms and conditions set forth in the Mutual Agreement for the construction of educational facilities dated February 19, 1991: A. Branco Enterprises, Inc. for addition to the high school in an amount not to exceed $4,375,000.00. B. Moser. Manufacturing Company of Rogers, Arkansas, for laboratory equipment and millwork for the high school project in an amount not to exceed $465,702.00. C. Tomlinson Asphalt Company for driveways and parking for the high school project in an amount not to exceed $225,000.00. • JP: 'T H E. AMERICAN INSTITUTE AIA Document A101 OF ARCHITECTS 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 AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document -by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 28th day of May in the year of Nineteen Hundred and Ninety One BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) Fayetteville School District No. 1 / City of Fayetteville Fayetteville, Arkansas 72701 Branco Enterprises, Inc. 107 N. Jefferson P.O. Box 459 Neosho, MO 64850 Fayetteville High School Addition Fayetteville, Arkansas 72701 Hailey/Associates/Architects, P.A. 112 W. Center St., 1st Place ?1440 Fayetteville, Arkansas 72702-0790 The Owner and Contractor agree as set forth below. 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 DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 1 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 or this Agreement, other documents listed in this Agreement and Modifications issued afier 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: 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 w proceed issued by the Owner. (Insert the Jute of commencement. if it differs from the date of this Agreement or. if applicable. state that the date will he fixed in a nonce (n proceed.) Commencement date shall be within 10 days 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 r (insert the calendar date or number of calendar days after the date of comme,rcement. Also insert any requirements for earlier Substantial Completion a % cer- trtin portions of the Work, if not stated elsewhere in the Contract Documents.) 420 days after Notice to Proceed. , subject to.adiustments of this Contract Time as provided in the Contract Documents. (Insert provisions. if unv, for liquidated damages relating to failure to complete on time.) Contractor shall pay as liquidated damages, the sum of Two Hundred Dollars ($200.00) for each consecutive calendar day after date of completion, together with additional damage as specified in paragraph 7.1 Section 00003 Scope of Contracts. AIA DOCUMENT A101. • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • .) L9$7 THE A.IERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20006 A101-1987 2 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 Four Million Three Hundred Seventy Five Thousand Dollars if 4,375,000.00 ), 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: (State the numbers or other identification of accepted alternaies. If decisions on other alternates are to be made by the Charter subsequent to tbe execution of this Agreement, attach a schedule of such other alternates showing the amount for each and tbe dale until which tbat amount is valid.) None 4.3 Unit prices, if any, are as follows: In accordance with schedule of unit prices Unit Price # 1: Unit Price 11.:2: Unit Price 11'3: Unit Price 11 4: Unit Price 11 5: Unit Price # 6: Unit Price 11'7: Unit Price 11 8: 1.4.1 1.4.2 1.4.3 1.4.4 1.4.5 1.4.6 1.4.7 1.4.8 $300.00 $200.00 $ 4.00 $ 5.00 $ 7.00 $ 7.50 $ 8.25 $ 9.50 per per per per per per per per in contract document cubic yard cubic yard cubic yard cubic yard Lineal Foot Lineal Foot Lineal Foot Lineal Foot 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 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: 25th day of the month 5.3 Provided an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contactor not lacer than the 10th day of the following month. If an Application for Payment is received by the Architect after theapplication date fixed above, payment shall be made by the Owner not later than Fifteen (15) 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 Contact Documents. The Schedule of Values shall allocate the entire Contact 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 Contractors Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the cnd 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 he 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 dispute may be included us provided in Subparagraph 7.3.7 of the General Conditions even though the Contact Sum has not yet been adjusted by Change Order; 5.6.2 Add chat 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 5.6.4 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, a sum sufficient co increase the total payments to Ninety Five percent ( 95 %) 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: (7/ it is intended. prior t0 Substantial Completion of the entire Work. Ib reduce Or lima the retmnaKe resulting from the perce,uu¢es inserted in Subpara- graphs 5.6. t and 5.61 ubure. and ibis is ma explained elsewhere in the Contract DOcu,nents. insert here provisions for such reduction or limuuuun.l After 50% of the work has been completed, if the Architect finds that satisfactory progress is being made, and with written consent of the surety, the remaining pro- gress payments will be made in full and the payment upon substantial completion shall not be less than 95%. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA' • R1M7 THEANIERICdN INSTITUTE OF ARCHITECTS. Ili NEW YORK AVENUE. NU'.. WASHINGTON. D.C. 2111100 A101-1987 4 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 fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12/.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, gukfAIRR t: 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 clue 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) - Provided; however, Owner shall be liable to Contractor only for actual interest costs incurred; and further, as to payments due and unpaid and bearing actual interest!'.pursuant to this Article 7, Contractor shall provide. Owner with proof of payment to subcontractors, suppliers, and .materialmen as evidence of actual interest paid. (Usury laws and requirements under the Federal Trutb in Lending Aa, 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 ibis provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements sucb 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° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 5 4 f 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 Contractor. AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, A1A Document A201, [987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated . 2/21/91 , and are as follows: Document Title Pages Supplementary Conditions 00080-1 - 00080-4 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eidhr lin the Specifications hen, or rq r to an exhibit attached to ibis ,4KreernenU Section Division 0 Division 1 Division Division Division Division Division Division Division Division Division Division Division Division Division Division Division Title • Conditions of Contract General Requirements 2 Sitework 3 Concrete 4 Masonry 5 Metals 6 Wood & Plastics 7 Thermal & Moisture Protection 8 Doors & Windows 9 Finishes 10 Specialties 11 Equipment 12 Window Treatment 13 Special Construction 14 Conveying System 15 Mechanical 16 Electrical AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEAIENT • TWELFTH EDITION • AIA'" • •i 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 135 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 20006 Pages 00002-1 - 01010-1 - 02010-1 - 03010-1 - 04200-1 - 05120-1 - 06100-1 - 07175-1 - 08100-1 - 09250-1 - 10161-1 - None 12500-1 - None None 15010-1 - 16010-1 - 00081-3 01705-4 02900-5 03010-12 04200-9 05300-4 06400-5 07900-6 08800-5 09900-10 10520-1 12500-2 15950-25 16731-5 A101-1987 6 9.1.5 The Drawings are as follows, and are dated' (Either list the Drawings here or refer to an achibi( attached to this Agreement.) Number C-1 A-1 S-1 M-1 P-1 E-1 U-1 through A-27 through S-11 through M-5 through P-5 through E-12 9.1.6 The Addenda, if any, are as follows: Number Addenda /1 1 Addenda /1 2 Addenda // 3 Title unless a different dace is shown below: Title Sheet Topographic Survey Architectural Drawings Structural Drawings Mechanical Drawings Plumbing Drawings Electrical Drawings Utility Site Plan Date March 11, 1991 March 15, 1991 March 20, 1991 Date 2/21/91 June 1989 2/21/91 No date No date No date No date No date Pages 5 with attached Drawings plus 3 Electrical with 1 Drawing 3 with attached Drawings plus 2 Electrical with 1 Drawing 7 with attached Drawings plus 3 Mechanical and 1 Electrical 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 • AIA• • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS; 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A101-1967 7 OWNER 9.1.7 Other documents, if any, forming part of the Contract Documents arc as follows: (List here any additional documents which are intent/id to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation m hid. Instructions to Bidders. sample fonts and the Contractor's hid are not part of the Contract Documents unless enumerated in tbis Agreement. They should be listed here only if intended to be part of the Contract Documents) Mutual agreement for the construction of educational facilities dated February 19, 1991. The parties specifically acknowledge and adopt paragraphs 3 and 5 of that agreement setting forth the City's financial contribution to this contract and limiting the City's obligation to that amount in the event the sums contributed are inadequate to fund construction. 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 Ow (• nat ::%e). tit1W Ala on,tifd, Pei idell , RaTL 2L (Prin -d Name and 'tie) )3vz d i� (Signature) �. (Sigature) / ag_Fj r W.,56/7 ASSY( Bfanco Enterprises, Inc. /11n/V? ( (/P771r..frS//ce> John E. Branham, President (Primed/ name and title) CONTRACTOR (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. 201XX) A101-1987 8 e F� TtH E. '' A. M E R I C A N INSTITUTE O F 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 AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: Fayetteville School District No. 1/City of Fayetteville, Fay., AR (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Nance and address) 1000 N. Stone Fayetteville, AR 72701 Tomlinson Asphalt Co., Inc. 1411 W. Van Asche Fayetteville, AR 72703 Fayetteville High School Addition Miscellaneous Site Improvements Fayetteville, AR 72701 Hailey/Associates P. 0. Box 790 Fayetteville, AR 72702-0790 The Owner and Contractor agree as set forth below. 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 DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101.1987 1 • • 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 pan 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: Site demolition shall be performed by the contractor. Final quantities for Unit Price Items shall be measured in place by engineers, approved by owner. Concrete testing shall be by contractor. 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 proceed issued by the Owner. Outer, the dale of commencement, f it differs from the date of this Agreement or, if applicable, stare that the dale will be fixed in a 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 the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion (Orr - lain portions' of the Work. if not stated elseutere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. !Insert prnrisinny if env. for liquidated damages relating to failure to complete on time.) 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 A101-1987 2 • 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 Dollars is See Items Below ), subject to additions and deductions as provided in the Con- tract omtract 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: N. A. (Stare the numbers or ober identification of accepted alternates. if decisions on otber alternates are to be made by the Owner subsequent to the e.v'enm,, of this Agreement, auacb a schedule of such other alternates showing the amount for each and Use date until wbicb that amount is valid.) , 4.3 Unit prices, if any, are as follows: Unit Price No.1: $ 11.05 per Square Yard: Asphalt Concrete Pavement, Light Duty- 8" Compacted SB -2 base course, Prime Coat, 3" ACHM TYPE II, and including fine grading of subgrade. Unit Price No.2: $ 13.80 per Square Yard: Asphalt Concrete Pavement, Heavy Duty- 6" Compacted SB -2 base course, Prime Coat, 3" ACHM Base, 2" ACHM TYPE II surface course, including fine grading of subgrade. Unit Price No.3: $ 9. materials, forming and Unit Price No.4: _$ 19. forming, and site prep Unit Price No.5: $ subgrade material. Unit Price No.6: $ 00 per Lineal Foot: Concrete Curb and Gutter- to include subgrade preparation. 00 per Square Yard: Concrete Sidewalk- to include materials, aration. 3.10 per Cubic Yard: Undercutting- Excavation of unsuitable 8.45 per Cubic Yard: Off-site Fill Material- Provide and compact suitable off-site fill dirt to be used in undercut areas as required by Architect. Unit Price No.7: $ 8.12 per Cubic Yard: Site Embankment and Compacted Fill- Includes stripping all topsoil from pavement areas, making cuts and fills as shown by plan grades, using all available on-site cut materials in fill areas, compact to required densities, haul off all unused dirt and rubbish. Backfill new curbs, clean-up all areas disturbed outside pavement areas, and topsoiling. Quantity to be calculated by difference in elevations between beginning and ending elevations in fill areas. • Unit Price No.8: $ 7.00 per Cubic Yard: Site Embankment made with off-site material - Includes suitable off-site fill material, placement, and compaction to required grades and densities. Quantity calculated by difference in elevations between beginning and ending elevations in fill areas .where off-site material was used. Continued on back AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTFI EDITION • AIA' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A101-1987 3 Unit'Prce No. 9: $ 32.00 per Each: Concrete Bumper Blocks- Provide standard precast concrete tire stops and anchoring with steel pins. Unit F rice No. 10: $ 600.00 per Lump Sum: Garland Avenue Entrance- Cut existing curb, pavement demolition and install owner provided drainage pipe, and regrade ditches as required for proper drainage. Unit Price No. 10A: $ 77.60 per Ton: Excavate and Patch- Excavate damaged areas as directed and replace with ACHM prior to overlay. Unit Price No. 11: $ 38.65 per Ton: Overlay existing asphalt pavement- Furnish and install 2" Min. ACHM TYPE II surface course over existing pavement, includes cleaning and tacking existing surface. • Unit Price No. 12: $ 1,300.00 per Each: Concrete Dumpster Pad- Furnish and install concrete dumpster pad, subgrade preparation, and backfilling. Unit Price No. 13: $ 3,283.00 per Lump Sum: Site Demolition- Provide all demolition required to complete job - Primarily removing retaining wall around existing tennis court Unit Price No. 14: $ 6,225.00 per Lump Sum: Quality Testing and Quantity Measurements - Provide all testing on earthwork and related items by owner approved testing lab., and provide all engineering services to calculate quantities for payment by owner approved engineer. 1 NOTE: Unit Prices 1, 2, and 7 as noted above modifies the description of the same prices as stated in the specifications, section 01040. " 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 25 th day of a month, the Owner shall make payment to the Contractor not later than the 10 th - day of the Next 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 15 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 shall indicate the percentage of completion ofeach 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 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 WO: 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, a sum sufficient to increase the total payments to percent ( 95 %) of the Con ract 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: /1 IS ?Mended. prim. to .Substantial Completion of the entire Work. to reduce or limit the retainage resulting from the percentages inner i v/ ru xdbpurtn graphs 5 (1.1 and 5.61 above. and Ibis is not explained elsewhere in the (.maria Documents. insert hew provisions isions for .Pleb renhottlon ur limi uuum See specification section 01155, Paragraph 1.7.3. AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • 'rWF.I.FTt1 EDITION • AIAt • ©1987 THE AMERICAN INSTITI!TE OF.ARCHITECTs. 1735 NEW YORK AVENUE. N W_ WASHINGTON. U.C. 21M11(3 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 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 paymerit 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. l burn rate of interest agreed upon, if any.) Not Applicable (1 isury !ales and requirements under the Federal Truth in Lending Act, .similar state and lxal consumer credit laws and other regulations al the 1)n,n , ;. rind Contractor's principal places of business, the location of the Prefect and elseu here may affect !be validity of ibis provision. Legal advice shrink! be ()brained with respect to deletions or modifications. and also regarding requirements such as written disclosures or mailers.) 7.3 Other provisions: 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 AGREEMENT • TWELFTH EDITION • AIA° • ©1987 11111 AMERICAN INSTI'1'L''rE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASI IINGTON, D.C. 21,i106 A101.1987 5 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 Contractor, 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 3. 1 1 . 9 1 , and are as follows: Document fr Title - Pages Supplementary Conditions 00080-1 to 00080-4 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (tuber lis( the Specifications here or refer at an exhibit attached (o Ibis Agreement.) Section Title Pages Division 0 Conditions of Contract 00001-1 - 00081-3 Division 1 General Requirements 01010-1 - 01705-4 Division 2 Site Work 02010-1 - 02515-4 Division 3 Concrete 03010-1 - 03010-12 Division 4 Through Division 16 Not Used this Project AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 DIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20008 A101-1987 6 IVO k 9.1.5 The Drawings are as follows, and are dated (Either list the Dramrngs here or refer to an exhibit Mincbe& to this Agreement.) Number Title C - 1 Topo Survey Site Plan Details unless a different date is shown below Date June 1989 3 - 11 - 91 9.1 .6 The Addenda, if any, are as follows: Number Date Pages li 1 •3- 18-91 1 ft 2 3— 19-91 1 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 • AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 , i. 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 part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, instructions to Bidders, sample forms and ibe Contractor's bid are not part of the Contract Documents unless enunrerared in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Mutual agreement for the construction of educational facilities dated February 19, '1991. The parties specifically acknowledge and adopt paragraphs 3 and 5 of that agreement setting forth the City's financial contribution to this contract and limiting the City's obligation to that amount in the event the sums contributed are inadequate to fund construction. 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 is to he delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Ng; ature) President, Mayor, City of Fayetteville CONTRACTOR Tomlinson Asphalt Co., Inc. (Signature) Board of Directors, Fay. School District #1 Mark (Printed name and title) Mahaffey, Operations Engineer (Printed name and titre) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • Alike • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 20006 A101.1987 8 HAI LEY/AS SOCIATES/ARCHITECTS, P.A. Post Office Box 790 / First Place Building, Suite 440 / 112 West Center Street / Fayetteville, AR 72702 MEMO TO: Dr...Winston.F...Simpson,.Superintendent BOARD OF DIRECTORS - School District'l FROM: Newton L. Hailey, r., A. I. A., Pres. DATE: April 08th, 1991 (Monday) RE: Fayetteville High School Addition Recap of Bids Received 03-25, 26, and 29, 1991 PHASE Addition Lab Equipment Millwork Elevator Est. (to bid May SUBTOTAL [Square Foot Cost Drives / Parking CONSTRUCTION BID AMOUNT. $4,375,000 345,702 120,000 '91) + 90,000 T OTAL PROJECT ESTIMATE NLHJ / bjn FHSMEMOR. LTR Telephone 501 442-5565 / FAX 501 442-8849 $4,930,702 $ 61.32 • TOTAL PROJECT ESTIMATES $4,982,000 376,902 132,000 + 99,000 $5,589,902 $ 69.53] + 225,000 $5,814,902