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HomeMy WebLinkAbout64-98 RESOLUTION• • RESOLUTION NO 64-98 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $52-7;884rPLUS A PROJECT CONTINGENCY AMOUNT OF $35,000, TO HECKATHORN CONSTRUCTION FOR THE CRYSTAL SPRINGS SOFTBALL FIELDS, PHASE II. 7/� � 5 lfi7/9937 �1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1 That the City Council hereby awards a construction contract, in the amount of $527,804, to Heckathom Construction , and approves a project contingency amount of $35,000, for the Crystal Springs Softball Fields, Phase II; and authorizes the Mayor and City Clerk to execute an agreement for said amount. A copy of the agreements attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of May , 1998. ATTEST: By: �alti ��Yh Heather Woodruff, City aerk p I „aa r4 i• ,y/p);.::•..�c� Cl.• • • Fred Hanna, Mayor • AGENDA REQUEST X _ CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of n/a w/lo V 9d' —15- �9 siL € MICROFILMED FROM: &Connie Edmonston Parks & Recreation Name Division Public Works Department ACTION REQUIRED: 9 • Approval of the attached change orders in the amount of $2,516. Please see the memo for a complete description of each change order item. COST PO CITY: $$2,51R Cost of this Request 225n-Q25n.5Rn6-nn Account Number Project Number $ t2S 9$Q /949 and ae twf4bs attached Cnfhall Cnmplav Category/Project Hpdget Category/Project Name Si`, qs9 — i'h .2Z1 $ 2 0�, jt 11 _ 6,ec gihmse i Park Imprnvamantc Funds Used To Date Program Name s ti -341/1q HMR Remaining Balance Fund BUDGj T REV W': Budget Coordinator x Budgeted I em1l ud[[geet Adjustment 11 A m nistrative ervices Director Attached CONTRACT/GRANT/LEASE REVIEW: Accounting k�itl��2�c Accounting 1`na r 'a.Illat - lr IF 1 y Atto v Purchasing Officer Date 3� q Date 3-1a-99 Date GRANTING AGENCY: ADA Coordinator Date ernal Auditor 4,41( Date STAFF RECOMMENDATION: Approval of these Change Orders Date Date lSMi Dat Date Cross Reference New Item: Yes Prev Ord/Res # Orig Contract Date: imm F8 9 • • STAFF REVIEW FORM . Description Softball Complex Phase II Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Meeting Date N/A Reference Comments: akr ga,`i- c1 lJ 1 4- Lk 615-yuL rtro Page 2 • FAYETTEVIPLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Charlie Venable Public Works Director Thru: Cont edmonston Parks & Recreation Superintendent From: Kim J. Rogers Parks Operations Coordinator Date: March 9, 1999 Re: Change Order Request for the Girls Softball Complex Phase II The Parks & Recreation Division requests approval of the attached change orders totaling $2,516. Please disregard previous change order #2 in the amount of ($6,307) for burmuda. It has since been decided that it would be in our favor to move forward with Heckathorn Construction to sprig the fields with burmuda. These change orders consist of a total of eleven items. The first is to install SB -2 along the perimeters of the infield fence line to keep the soil mixture from eroding. Add $1,439 The second is to install an additional 3" irrigation water line, change the 2" domestic water line to a 1" and omit the two backflow preventers. Add $1.277 The third item includes adding dust control areas to the infields via automatic valve, install a separate four zone controller, delete one twelve (12) station controller and allow one controller to operate both water sources at the same time. Deduct ($634) The fourth item is to move the transformer location closer to Salem Road to save money in wire not use. Deduct ($1,980) The fifth item is to change the silver color metal dugout roofs to green to prevent glare. Add $2,158 The sixth item is change the specified roof on the temporary utility building to a less expensive material. Deduct ($674) The seventh item is to add a chainlink fence around the new transformer location for safety purposes. Add $1.103 The eighth item includes changing the North gate from ten feet wide to twelve feet wide for maintenance purposes. Add $175 • • . The ninth item is to add double gates at the South portion of the concourse area for maintenance access. Add $732 The tenth item is to change the specified drainage material from Terraflow to an ADS matenal for better maintenance. Deduct ($990) The eleventh item is a change from the specified soil mixture from an 80/20 mix to a 50/50 mix now to a 40/60 (sand/topsoil) mixture approved by the Turf Facilities Coordinator and the Park Maintenance Supervisor. Deduct ($90) The total contingency for this project is $35,000 of which $5,093 was expended on change order number one. This change order request is in the amount $2,516 leaving a remaining contingency balance of $27,391. CHANGE ORDER AIA DOCUMENT G701 •OWNER ARCHITECT CONTRACTOR FIELD OTHER 0 •E • • PROJECT: (name, address) TO CONTRACTOR: (name, address) Crystal 4a'ar :p Sifta11 Fields Fhase II Fayetteville, Az3ensas fid t Qisbirtim m., Inc. 1860 Birds Auras Fayetteville, Arleta 72701 The Contract is changed as follows: See ALLsJsiirls: A. CHANGE ORDER NUMBER: 2-R DATE: Dbventer 3, 1998 ARCHITECT'S PROJECT NO: 98093 CONTRACT DATE: ICY 4, 1998 CONTRACT FOR. Cenral Oxi t xtim Heckathorn Construction Change Order Request No. 3 Item 1: Add 3" irrigation water line and change 2" domestic water to 1" domestic, change twenty-four zone irrigation to two twelve zone and snit the two backflow preventers. Add $1,277.00 Item 2: Put dust control zone on auto valve, install four zone controller, delete twelve station controller. Deduct ($ 634.00) Total $ 643.00 lbtal amount for this Change Order Add $ 643.00 4 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (aximaccobbbkvoccaeicokwas S Net change by previously authorized Change Orders f The (Contract Sum) ( ) prior to this Change Order was S The (Contract Sum) Serelel4will be (increased) (doco ed) Nee) by this Change Order in the amount of ° E The new (Contract Sum) including this Change Order will be 5 The Contract Time will bei) (docai70CcY(unchanged) by zero The date of Substantial Completion as of the date of this Change Order therefore is Thursday, November 537,804.00' 5,093.00': 542,897.00' ' 643.00 543.540.00 -' ( 0 ) days. 26, 1998 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized he Construction Change Directive. Petty L Butdur & Asiszciabzs Hedethr Castzirtim Cb., Irr. ARCHITECT CONTRACTOR .11 .=7 ban Address BY DATE ' • :J /Lett e S aria/ fr AIA 180 Rirrh Atg1n City of Fie, Psier>eas OWNER 113 !first NI -In -Ain Address Address Zde BY DATE 02.1 ` 72701 BY DATE Lildo CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA® • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U5. copyright laws and Is subject to legal prosecution. G701-1987 • SO'd Z26 • • HECRATHORN CONBTL.UCTION COMPANY, INC. 2.880 BIRCH AVB. FAYlTTEVILLE. AR 72703 PILL TES TOS 82.91 6661 -6T -Bad CONTRACTOR.8 INITIATED CHANCY ORDER REQUEST S 03 ,. DATE:October 20, 1998 To:Pezry Butcher & Associates P.O. Box 2076 Rogers, Arkansas 72756-2076 Attn: James Trimble JOB:Crystal springs Softball Field Phase II Fayetteville, Arkansas Project No. 98122 caagaac2c2ca3la6 ass. =a=slsswn=s =Ws This is our Change Order requesting the following revisions to the above cited Contract. Included shall be all labor, equipment, materials and taxes to complete the following changes: Item 1: At the request of the Owner and Architect, we propose add an additional three (3) inch irrigation water line, change the two (2) inch domestic water line to a one (1) inch domestic water line, change the twenty-four zone irrigation controller box to two twelve zone controller boxes, and omit the two backflow preventers. Add $1,277.00 Item 2: At the request of the Owner, on October 12, the followilg changes were made to the scope of work in the dust control areas of the infield, 1: put the dust control zones on automatic valves, 2: install a separate four (4) zone controller for the dust control areas. 3: Delete one twelve (12) etatimn controller and allow one (1) controller to operate both water sources at the same time.' Deduct c$634.00> TOTAL kMOUNT OF THIS CONTRACTORS INITIATED CHANGE ORDER,--. ADD/t $643.00 Contra:tor Request four (4) Days to the contract time\ • • WE AGREE hereby to make change specified for ADD $643.00 Date: Dctober 20, 1998 Aut 'riz B. Don L. Heckathorn, President Lead &ILL TZL TOL 311IA3113Ae4 d0 ALIO 1.14 8b:b0 66-6T-833 ltn ,fY •- CHANGE ORDER AIA DOCUMENT G701 A__ • OWNER ARCHITECT CONTRACTOR FIELD OTHER T, r PROJECT: Crystal .rings Scfttall. Fields (name, address) Blase II Fa tteri-11e, Arkansas TO CONTRACTOR: Hadcattom omstrunn Cb•, Dr. (name, address) 1880 Bath AcurtE Fayetteville, Aricarsas 72703 The Contract is changed as follows: See AtlaCliip t CHANGE ORDER NUMBER. 6-R DATE: FAY 15, 1999 ARCHITECT'S PROJECT NO: 98093 CONTRACT DATE: May 4, 1998 CONTRACT FOR OEa1 Ornstrixticri lbtal amount for the Change Order Add $.434:00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was Net change by previously authorized Change Orders The (Contract Sum) prior to this Change Order was The (Contract Sum) ( ) will be (increased) gicacxxas¢ }t1) by this Change Order in the amount of The new (Contract Sum) (tontrallfaCKICKOXIOttitz3including this Change Order will be . The Contract Time will be Qaacc drawer (unchanged) by zero The date of Substantial Completion as of the date of this Change Order therefore is Thursday, s 537, 804.00 1 s 5,736.00'' s 543,540.00' s 434.00 S 543,974.00'' NOTE: November ( 26, 1998 days. This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized hv Construction Change Directive. Barry L. Butches' & Asa:dates H Torn (trstnnbirn (tt_, Trr ARCHITECT 301 Atst ChEstrut Addre CONTRACTOR 1880 Birch Awns Address City of F ,°vl lle, Atiqraas OWNER 113 Wast ?brtain Address DATE AIA BY DATE fag CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 0701 • CHANGE ORDER • 1987 EDtTiON • Me • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublect to legal prosecution. G701-1987 Y • • 4 LO'd L0 'd • HECXATHORN CONSTRUCTION COMPANY, INC. 1880 BIRCH AVE. FAYETTEVILLE, AR 72703 PILL TZS TOS • 82:91 6661 -6T -83d REVISED CONTRACTORS INITIATED CHANGE ORDER REQUEST M 06-R DATE:February 01,1999 To.P:rry Butcher & Associates P.O. Box 2076 Rogers, Arkansas 72756-2076 Attn: James Trimble JOB:Crystal Springs Softball Field Phase II Fayetteville, Arkansas Project No. 98122 rima c== aaa aeesaa=e=mm===aamae=mmace=-masevasassaama=tsaaaee=a,:===maaa= This is our Change Order requesting the following revisions to the l be all mabove aterialsed andotaxest. Included to complete thelfollowinglabor, changes�ipment, Item:1 The transformer location was moved from the original location bnear Salem road uilding. This resulted xinaaesavings ly 160 foftwire mnot enew Utility used. Deduct 4$1,980.00> Item:2 As per Owner's request, change the standing seam metal roof on the dugout areas from originally selected color to a new color selected by Owner. Add $2,158.00 Item:3 As per Owner's request, sincebthe Utility Building is to be incorporated into the new Concession building on the Phase 3, the roof portion of the utility building does not need to be built as a permanent structure, Deduct' < $674.00> Item:4 As per Owner's request, add a chainlink fence around the new transformer location. Fencing to be eight (8) feet tall on the front side with a eight (8) foot wide total gate opening. The sides to are slope from eight (8) feet to six (6) feet to match the infield fence. This enclosure also fenced in overhead. Add $1,103.00 Iter1:5 Asprier Owner's que(t2)hange theeNorth gate from ten(10) fee w b TLL !ZS TOG Add $175.00 CONTINUED ON THE NEXT PAGE 1 31-IIA3113AHd 30 ALI3 Wd 6* be 66-6T-833 1 • .11 80'd • Page: 2 PILE, TFS TOS Iten:6 As per Owner's request, add a e:.ght (8) feet wide gates. Install of the Concourse area. pair of six (6) on the Southern Add 62:9T 6661-61-83d feet tall by most portion $732.00 Iten:7 At the request of the Excavation Contractor, they propose a substitution of the subdrainage product from the originally specified Contech Terraflow 10 ,i Akric, to a polywrap system/W filter wrap using a,ur (4)inch diameter pipe. WO O educt < 0. 00> • Iten:8 The soil mixture design was c anger-{rom a 509r 50% mixture to a 40% sand, 60* top soil. Whin calculating sand cost which is'measured in tons, this figures to approximatly 1 1/4 yards per ton. Based on that formula there is no substantial cost saving. SUMMARY OF ALL ITEMS Iten:1 Item:2 Item:3 Item:4 Item:5 Item:6 Item:7 Item:8 Deduct <$90.00> Deduct<$1,980.00> Add $2,158.00 Deduct< $674.O0> ._.._ Add $1,103 92,2 -- Add $17544 Add $73p,• clot t Deduct< 00> Deduct< S9b.00), TOTAL AMOUNT OF THIS CONTRACTOR,s INITIATED CHANGE ORDE WE ?.GREE hereby to make change specified for Datt: February 01, 1999 Authprized Byi: h -c"-_ - - Don L. Heckathorn, President 90'd 4TLL IZG TOG Add Add 311IA3113Atld d0 A1IO Wd 64:b0 66 -6T -83d L CHANGE ORDER ALA DOCUMENT G701 (DOWNER ARCHITECT CONTRACTOR FIELD OTHER 0 PROJECT: (name, address) TO CONTRACTOR: (name, address) Crystal acrings Softball Fields Erase II Faletbsville, Arkansas F 3e1 txffit anstnEicti Ci., Inc. 1880 Birth M> Faledtvale, Atlas 72703 The Contract is changed as follows: See Attachment: CHANGE ORDER NUMBER: 7 DATE: EKY 15, 1999 ARCHITECT'S PROJECT NO: 98093 CONTRACT DATE: MST 4, 1998 CONTRACT FOR Gaal Czst ra±kri Item 10 Install a SB -2 burm three (3) feet wide by one (1) foot deep along the perimeters of the infield fence line at the four (4) playing fields so as to keep the soil mix frau eroding at these locations. Total amount.. of this Change Order Add $ 1,439.00 Add $ 1,439.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( ) was Net change by previously authorized Change Orders The (Contract Sum) ( ) prior to this Change Order was The (Contract Sum) ( ) will be (increased) 4. QtRiNilapappy this Change Order in the amount of The new (Contract Sum) ( 'eluding this Change Order will be . The Contract Time will be Gaacmc) GlAccoaX0c0 (unchanged) by zero The date of Substantial Completion as of the date of this Change Order therefore is Thursday, s 537,804.00 r s 6,170.00 s 543,974.00' $ 1,439.001 s 545,413.00-" NOTE: (.0 November -26,1998 ) days. This summary docs not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Retry L Brad's' & Asacciates. ARCHITECT 301 West C astrut Street Hadsathom Ctristartim Co., CONTRACTOR 1880 Birth Averse Address a _ —; Address DATE AIA BY b ]jF/�if� DATE ZZ &' City of Fayetteville, Arkansas OWNER 311 Lit (lb -stain Address Uirhscri BY DATE CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA® • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 2IX06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. G701-1987 T £0 d P6 HECXATHORN CONSTRUCTION COMPANY, INC. 1880 BIRCH AVE. FAIETTEVILLE, AR 72703 PILL TES TOS • L£:91 6661 -6I -83d CHANGE ORDER REQUEST $ 02 DATE: January 26,1999 To:Jerry Ellington Perry Butcher & Associates 1160 W. Walnut Ave. Fayetteville, Ark 72703 mmiSiMimms_ma sa==ss==9sssss Job:Crystal Springs Softball Field Phase II Fayetteville, Ark.72703 Project No. 98121 PHA. 98093 eammOM=====.=a=e.-=masz===a====■ revisions This is our Change Order Request requesting the following to the above cited, contract.Included shall be all labor, equipment, materials, and taxes to complete the following changes. Item: As per Proposal Request No.6, Dated January 25,1999. .‘Install a SH -2 burin three (3) feet wide by one (1) foot deep along the perimeters of the infield fence line at the four (4) playing fields so as to keep'the soil mix from eroding at these location. ADD $1,439.00 TOTAL AMOUNT OF THIS PROPOSAL REQUEST NO. 06 ADD $1,439.00 WE A3REE hereby to make change specified for ADD $1,439.00 Date: January 26, 1999 Author Don L. Heekathorn, President • £0'd bTLL TZS TOS 311IA3113Aed d0 A1I0 Wd Lb:*O 66-61-004 • S7T I' T' U TRE AMERICAN I;. N 4'1T `E O F ARCHIIECTS 1 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 AM 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 Fourth Nineteen Hundred and Ninety Eight. BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) day of may in the year of City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Heckathorn Construction Company, Inc. 1880 Birch Avenue Fayetteville, Arkansas 72703 Crystal Springs Softball Fields, Phase II South Salem Road Fayetteville, Arkansas Perry L. Butcher P.O. Box 2076 Rogers, Arkansas The Owner and Contractor agree as set forth below. & Associates, Architects 72756-2076 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 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutlon. I e • • 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: 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) The date of commencement 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 tem date of commencement. Also insert any requirements for earlierSubstantial Completion ulcer tain portions of the Work, if not stated elsewhere in the Contract Documents.) 150 consecutive calendar days after date of commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions, if any, for liquidated damages relating to failure to complete on tine.) The Contractor and his sureties shall be liable for and shall pay to the Owner the sum of one hundred dollars ($100.00) per day for each calendar day of delay beyond the date of substantial completion, until such project be completed or accepted by the Owner, provided however, that such damages are not assessed against such days as provided under time extensions. AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Hundred Thirty Seven Thousand Eight Hundred and Four Dollars ($ 537,804.00 ), 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: (Stale tbe numbers or other identification of accepted alternates. if decisions on other alternates are to be made by tbe Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until wblcb tbat amount is valid.) No alternates accepted. 4.3 Unit prices, if any, are as follows: UNIT PRICES FOR ADDITIONAL EXCAVATION It is assumed that Phase I earthwork addressed all areas of poor soil requiring excavation. However, if directed by the Architect and Soils Engineer, add Five Dollars and Fifty Cents Dollars ($5.50) for each cubic yard of additional excavation not indicated on the bid documents. UNIT PRICES FOR CLAY -GRAVEL STRUCTURAL FILL Where quantity of clay -gravel structural fill required is more than indicated on the bid documents, as certified by the Architect and Soils Engineer, add Nine Dollars ($9.00) for each cubic yard of additional fill required. Where quantity of clay -gravel structural fill required is less than indicated on the bid documents, as certified by the Architect and Soils Engineer, deduct Eight Dollars ($8.00) for each cubic yard of fill not required. UNIT PRICES FOR ON-SITE FILL Where quantity of fill required from on-site berms is more than indicated on the bid documents, as certified by the Architect and Soils Engineer, add Six Dollars and Fifty Cents Dollars ($6.50) for each cubic yard of additional till required. Where quantity of fill required from on-site berms is less than indicated on the bid documents, as certified by the Architect and Soils Engineer, deduct Four Dollars and Fifty Cents Dollars ($4.50) for each cubic yard of fill not required. 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 laws and Is subject 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: * 7 calendar days for Architectural Review plus Owner's next regularly scheduled purchase order processing period. 5.3 Provided an Application for Payment is received by the Architect not later than the Last day of a month, the Owner shall 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 he 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 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. Tike 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 maybe 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 5.6.4 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 he 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 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: (If it is intended, prior to Substantial Completion of The entire Work, to reduce ur limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.61 above, and this is not explained elsewhere bt the Contract Documents, insert here provisions for such reduction or limitation.) Upon fifty percent (50%0 completion of the contract, no further retainage will be withheld from monthly payments. Retainage shall be held in escrow per Arkansas Statute 22-9-604. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©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 is subject to legal prosecution. A101-1987 4 I i• 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 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 rale of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Onmer's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice 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 • ©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 Is subject to legal prosecution. 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 March 1 6 r 1 998 , and are as follows: Document See Attachment "A" Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either ist the Specifications Isere or refer to an exhibit attached to Ibis Agreement.) Section Title Pages See Attachment "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 vlotates U.S. copyright laws and is subject to legal prosecution. A101-1987 6 4 • • 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date March 16, 1998 See Attachment "B" 9.1.6 The addenda, if any, are as follows: Number 1 Date Pages April 21, 1998 4 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 • AIA0 • ©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 Is subject to legal prosecution. A101-1987 7 f. t 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 sucb as advertisement or Invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated br tbis Agreement. They should be listed here only if intended to be part of the Contract Documents.) ✓;_r/ 1 >' PI o S. pL4.1 •:. it r1, 1.3 � s 6.;\ . \s. 3. 3•A . Al 'yam , r�Y. S. r`1I Sow =S. fes ... ``r —. .( � .- 7 -Ti �,_ c This Agreement is entered into as of the day and year first written above and is executed in at least th7ecxiiiglnal 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 .rer taindef to the.' Contra -ri _• J `"Q� irr� - OWNER City of Fayetteville A*A044dye Fred Hanna, Mayor (Printed name and title) AIA Don L. Heckathorn, President (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. 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 laws and is subject to legal prosecution. A101-1987 8