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Home My WebLink About192-08 RESOLUTIONRESOLUTION NO. 192-08 A RESOLUTION AWARDING BID #08-51 AND APPROVING A CONTRACT WITH KINCO CONSTRUCTORS IN THE AMOUNT OF $3,372,500.00 FOR CONSTRUCTION SERVICES FOR THE NEW LEED COURT (Sr PROSECUTING ATTORNEY'S BUILDING; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $300,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council. of the City of Fayetteville, Arkansas, hereby awards Bid #08-51 and approves a contract with Kinco Constructors in the amount of $3,372,500.00 for construction services for the new LEED Court Sr Prosecuting Attorney's Building. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $300,000.00. PASSED and APPROVED this 21St day of October, 2008. APPROVED: ATTEST: Ey: d72 SONDRA E. SMITH, City Clerk Treasurer -§.�G •&: Y o .. iP c.; •' ° �" r ; FAYETTEVf LLE ; 9s'qk sP�.• '� A�3 • Init. AIADocument A101" - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the CP- / day of e.46bir in the year (In words, indicate day, month and year) BETWEENThe City of Fayetteville: (Name, address and other information) City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 and the Contractor: (Name, address and other information) Kinco Constructors LLC 3803 Kelley Avenue Springdale, Arkansas 72762 for the following Project: (Name, location, and detailed description) Fayetteville District Court & Prosecutor Facility Fayetteville, Arkansas 72701 The Architect: (Name, address and other information) Wilson Estes Police Architects, Subchapter S Corporation 5799 Broadmoor Suite 520 Mission, Kansas 66202 Telephone Number: (913) 384-1115 Fax Number: (913) 384-2292 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AEA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A2017,4-2007, 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. AIA Document A101 "' — 2007. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974,1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 which expires an 11/7/2009, and is not for resale. User Notes: (2822321375) 1 1 Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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 City of Fayetteville. (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.) If, prior to the commencement of the Work, the City of Fayetteville requires time to file mortgages and other security interests,The City of Fayetteville's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. I§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred and Sixty Five ( 365 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974,1977, 1987,1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order N0.1000374840_1 which expires on 11/7/2009, and is not for resale. User Notes: (2822321375) 2 Init. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure 10 achieve Substantial Completion on time or for bonus payments for early completion of the Work) Two Hundred dollars per day ARTICLE 4 CONTRACT SUM § 4.1 The City of Fayetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three million three hundred seventy two thousand five hundred dollars ($3,372,500 ), subject to additions and deductions as provided in the Contract Documents. (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,The City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth day of a month for the prior months completed work„The City of Fayetteville shall make payment of the certified amount to the Contractor not later than the Twenty Fifth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by The City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent 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. The schedule of values shall 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. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to The City of Fayetteville of changes in the Work, AIA Document A101 — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1951, 1983, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distrlbutlon of this AIA Document, or any portion of it, may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/712009, and is not tor resale. User Notes: (2822321375) 3 Init. amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T^- 2007, General Conditions of the Contract for Construction; .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 City of Fayetteville, suitably stored off the site at a location agreed upon in writing), Tess retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by The City of Fayetteville; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 Section 9.10.3 of AIA Document A201-2007. § 5.1.8 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 the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with The City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by The City of Fayetteville to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) I (Paragraphs deleted) AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA' Document Is protected by U.S. Copyright Law and International Treaties. Uneuthorlxed reproduction or distribution of this AEA' Document, or any portion of It, may result In severe civil and criminal penalties, end will be prosecuted 10 the mudmum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 1117/2009, and is not for resale. User Notes: (2822321375) 4 Init. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by The City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by The City of Fayetteville as provided in Article 14 of AIA Document A201- 2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.3The City of Fayetteville's representative: (Name, address and other information) Lynn Hyke 113 W Mountain Street Fayetteville, Arkansas 72701 Telephone number 479-718-7670 Mobile number 479-601-1079 khyke@ci.fayetteville.ar.us (Paragraphs deleted) § 8.4 The Contractor's representative: (Name, address and other information) Andrew Mincks 3803 Kelley Avenue Springdale, Arkansas 72762 Telephone number 479-751-8606 I§ 8.5 Neither The City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007. General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: AIA Document A101 TM - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 5115:00:27 on 10/14(2008 under Order No.1000374840_1 which expires on 1117!2009, and is not for resale. User Notes: (2822321375) 5 Init. Document Title Date Pages AIA201-2007 General Conditions of September 8th, 2008 39 the Contract for construction Specification section Supplementary September 8th, 2008 9 00800 Conditions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Exhibit A — Enumeration of Specifications (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Exhibit B — Enumeration of Drawings (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages 1 2008/09/23 3 pages plus attachments 2 2008/09/25 1 page plus attachments 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. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such 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 in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Specification Section 00200 — Instructions to bidders Specification Section 00300 — Information available to bidders Exhibit C — Value Engineering list ARTICLE 10 INSURANCE AND BONDS The City of Fayetteville shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 1 I of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($ 0.00) Builders Risk Policy deductible $5000 $3,400,000 -Earthquake deductible $25,000 $2,500,000 -Flood deductible $25,000 $2,500,000 -Testing and Startup deductible $5,000 $3,400,000 -Temporary Storage deductible $5,000 $250,000 -Transit deductible $5,000 $100,000 AIA Document — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1967, 1974, 1977, 1987,1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Thio Ale Document Is protected by U.S. Copyright Lew end International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/712009, and is not for resale. User Notes: (2822321375) 6 Inst. This Agtccrnent entered into as of the day and year first written above. OWNER (Signatur Lynn Hyke — Construction manager (Printed name and title) (Printed name and tide) WITNESS OUR HANDS THIS t l&DAY OF CRU laeX , 2008. CITY OF FAYETTEVILLE, FAY 1,5 1 LE, A • • • NSAS DA Attest OOD , Mayor Sondra Smith, City Clerk BY lA/Ca CAI 7.72.tI T ,S, .tfffFS T: Y NAME AND TITLE 3803 ?t 741 BUSINESS XDDRESS vP AIA Document A1011. —2007. Copyright®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Ar httects. All rights reserved. WARNING: Thts Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15U027 on 10/14/2008 under Order No.1000374840_1 which expires on 11/712009, and is not for resale. User Notes: (2822321375) 7 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS SEPTEMBER 8TH, 2008 COVER PROJECT TEAM ARCHITECT'S DISCLAIMER OF RESPONSIBILITY MEP ENGINEER'S DISCLAIMER OF RESPONSIBILITY CIVIL ENGINEER'S DISCLAIMER OF RESPONSIBILIY TABLE OF CONTENTS INTRODUCTORY INFORMATION, BIDDING AND CONTRACTING REQUIREMENTS 00200 INSTRUCTIONS TO BIDDERS 00300 INFORMATION AVAILABLE TO BIDDERS REPORT OF GEOTECHNICAL EXPLORATION STATE OF ARKANSAS PREVAILING WAGE STATEMENT AIA DOCUMENT A701-1997, INSTRUCTIONS TO BIDDERS INVITATION TO BID AIA DOCUMENT A305 -CONTRACTORS QUALIFICATIONS AIA DOCUMENT A310-1970, BID BOND AIA DOCUMENT A312-1984, PERFORMANCE BOND REPORT OF GEOTECHNICAL EXPLORATION STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 00410 BID FORM 00430 SUPPLEMENTS TO BID FORM 00431 SUPPLEMENT A -- LIST OF SUBCONTRACTORS 00500 AGREEMENT AIA DOCUMENT A101-1997, AGREEMENT 00700 GENERAL CONDITIONS AIA DOCUMENT A201-1997, GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01100 SUMMARY 01200 PRICE AND PAYMENT PROCEDURES 01230 ALTERNATIVES 01300 ADMINISTRATIVE REQUIREMENTS 01301 ELECTRONIC FILES DISCLAIMER 01325 CONSTRUCTION PROGRESS SCHEDULE 01354 LEED CREDIT SUMMARY 01355 LEED CERTIFICATION PROCEEDURES 01356 LEED SUBMITTAL FORMS 01357 LEED MATERIAL COST SUMMARY FORM 01358 LEED WOOD -CONTAINING PRODUCT LIST 01359 LEED METAL -CONTAINING PRODUCT LIST 01360 LEED NEW PRODUCT CONTENT FORM 01361 LEED NEW PRODUCT SOURCE FORM 01363 LEED PROHIBITED CONTENT INSTALLER CERTIFICATION 01400 QUALITY REQUIREMENTS 01410 TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01510 TEMPORARY UTILITIES 01525 FIELD OFFICES EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 2 of 5 01550 VEHICULAR ACCESS AND PARKING 01575 TEMPORARY EROSION AND SEDIMENTATION CONTROL 01585 PROJECT SIGNS 01600 PRODUCT REQUIREMENTS 01700 EXECUTION REQUIREMENTS 01732 WASTE MANAGEMENT 01734 INDOOR AIR QUALITY 01780 CLOSEOUT SUBMITTALS 01810 COMMISSIONING DIVISION 2 — SITE WORK 02225 DEMOLITION 02230 SITE CLEARING 02300 EARTHWORK 02361 SOIL TREATMENT FOR TERMITE CONTROL 02751 PORTLAND CEMENT CONCRETE PAVING 02765 PAVEMENT MARKINGS 02843 PARKING BUMPERS 02871 BICYCLE RACKS 02930 EXTERIOR PLANTS DIVISION 3 - CONCRETE 03200 CONCRETE REINFORCEMENT 03300 CAST -IN-PLACE CONCRETE 03390 CONCRETE CURING 03451 ARCHITECTURAL PRECAST CONCRETE DIVISION 4 - MASONRY 04065 MORTAR AND MASONRY GROUT 04720 CAST STONE 04810 UNIT MASONRY ASSEMBLIES 04852 STONE MASONRY DIVISION 5 - METALS 05120 STRUCTURAL STEEL 05210 STEEL JOISTS 05310 STEEL DECK 05400 COLD FORMED METAL FRAMING 05500 METAL FABRICATIONS 05520 HANDRAIL AND RAILINGS 05586 COLUMN COVERS DIVISION 6 — WOODS AND PLASTICS Page 2of5 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 3 of 5 06110 ROUGH CARPENTRY 06410 CUSTOM CABINETS 06423 WOOD VENEER FACED PANELING DIVISION 7 — THERMAL AND MOISTURE PROTECTION 07115 BITUMINOUS DAMPROOFING 07130 SHEET WATERPROOFING 07212 BOARD AND BATT INSULATION 07214 FOAMED IN PLACE INSULATION 07260 WEATHER BARRIERS 07431 METAL COMPOSITE MATERIAL WALL PANELS 07461 WOOD SIDING 07530 ELESTOMERIC MEMBRANE ROOFING 07611 SHEET METAL ROOF, FASCIA, AND SOFFIT 07631 GUTTERS AND DOWNSPOUTS 07720 ROOF ACCESSORIES 07840 FIRESTOPPI NG 07900 JOINT SEALERS DIVISION 8 — DOORS AND WINDOWS 08110 STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08310 ACCESS DOORS AND PANELS 08410 METAL -FRAMED STOREFRONTS 08585 SECURITY WINDOWS 08710 DOOR HARDWARE 08750 SECURITY FASTNERS 08800 GLAZING 08830 MIRRORS 08910 METAL FRAMED CURTIANWALL DIVISION 9 - FINISHES 09260 GYPSUM BOARD ASSEMBLIES 09300 TILE 09511 SUSPENDED ACOUSTICAL CEILINGS 09546 LINEAR METAL CEILINGS 09650 RESILIENT FLOORING AND BASE 09680 CARPET 09720 WALL COVERING 09850 ACOUSTICAL PANELS 09900 PAINTS AND COATING DIVISION 10 - SPECIALITIES 10160 METAL TOILET COMPARTMENTS Page 3 of 5 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 4 of 5 10210 WALL LOUVERS 10420 DIMENSIONAL LETTER SIGNAGE 10425 BUILDING DEDICATION PLAQUE 10523 LIFE SAFETY EQUIPMENT AND ACCESSORIES 10800 TOILET, BATH AND LAUNDRY ACCESSORIES DIVISION 11 - EQUIPMENT 11191 DETENTION HOLLOW METAL 11196 DETENTION FURNISHINGS DIVISION 12 - FURNISHINGS 12484 FLOOR MATS 12567 COURTROOM SEATING DIVISION 13 — SPECIAL CONSTRUCTION 13075 BULLET-RESISTENT FIBERGLASS PANELS 13705 SECURITY AND SURVEILLANCE SYSTEM DIVISION 14 — VERTICAL CIRCULATION 14427 COURTROOM LIFT DIVISION 15 — MECHANICAL 15010 GENERAL MECHANICAL REQUIREMENTS 15240 VIBRATION ISOLATION 15250 MECHANICAL INSULATION 15330 WET PIP AND PREACTION SPRINKLER SYSTEM 15400 PLUMBING FIXTURES (LEED) 15410 ROOF AND STORM DRAINAGE SYSTEM 15411 SANITARY DRAIN, WASTE AND VENT PIPING SYSTEM 15412 DOMESTIC WATER PIPING SYSTEM 15413 NATURAL GAS PIPING SYSTEM 15300 FIRE PROTECTION SYSTEM 15430 PLUMBING SPECIALTIES 15440 PLUMBING FIXTURES AND TRIM 15450 PLUMBING EQUIPMENT 15459 ELECTRIC WATER HEATERS- COMMERCIAL GRADE 15510 HYDRONIC SYSTEM WITH WATER TREATMENT 15512 HYDRONICSYSTEM ACCESSORIES 15700 CENTRAL HVAC EQUIPMENT (LEED) 15787 LARGE PACKAGED VAV HEATING AND COOLING 15800 HVAC AIR DISTRIBUTION (LEED) 15851 OUTDOOR AIR HANDLING UNIT 15860 FANS 15890 LOW AND MEDIUM PRESSURE DUCT 15947 DIRECT DIGITAL CONTROL SYSTEM Page 4 of 5 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 5 of 5 DIVISION 16 - ELECTRICAL 16010 GENERAL ELECTRICAL REQUIREMENTS 16110 RACEWAYS 16120 WIRES AND CABLES 16130 BOXES AND ENCLOSURES 16140 WIRING DEVICES 16170 DISCONNECT SWITCHES 16190 SUPPORTING DEVICES 16195 ELECTRICAL IDENTIFICATION 16421 UNDERGROUND ELECTRICAL SERVICES 16423 TRANSIENT VOLTAGE SURGE SUPPRESSOR, MEDIUM EXPOSURE 16450 GROUNDING 16471 CIRCUIT BREAKER PANELBOARDS, 240 VAC 16472 CIRCUIT BREAKER POWER DISTRIBUTION 16481 MOTOR STARTERS, FULL VOLTAGE 16471 CIRCUIT BREAKER PANELBOARDS, 240 VAC 16485 CONTACTORS 16500 LIGHTING (LEED) 16510 LIGHTING FIXTURES 16621 ENGINE GENERATOR SET, PACKAGED 16627 AUTOMATIC TRANSFER SWITCH 16670 LIGHTNI NG PROTECTION SYSTEM 16720 FIRE ALARM AND DETECTION SYSTEM SCHEDULES OPENING SCHEDULE HARDWARE SCHEDULE FINISH LEGEND Page 5 of 5 EXHIBIT B FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF DRAWINGS SEPTEMBER STH, 2008 GENERAL COVER G101 0100 L100 CIVIL COVER SHEET SITE LAYOUT DEMOLITION SITE PLAN LANDSCAPE PLAN C001 CIVIL SITE PLAN AND DETAILS C002 GRADING PLAN DETAILS AND SEDIMENT CONTROL PLAN ARCHITECTURAL A001 PARTITION TYPES A011 CODE SHEET A020 CODE PLAN A101 OVERALL SITE PLAN A102 ENLARGED SITE PLAN A103 SITE DETAILS A201 FIRST FLOOR PLAN A202 ROOF PLAN A301 FIRST FLOOR REFLECTED CEILING PLAN A401 EXTERIOR ELEVATIONS A501 BUILDING SECTIONS A511 WALL SECTIONS A512 WALL SECTIONS A513 WALL SECTIONS A514 WALL SECTIONS A515 WALL SECTIONS A516 CLERESTORY SECTIONS A521 SECTION DETAILS A522 SECTION DETAILS A531 PLAN DETAILS A701 ENLARGED INTERIOR PLANS AND DETAILS A702 INTERIOR ELEVATIONS A703 INTERIOR ELEVATIONS A711 STAFF RESTROOM PLANS AND ELEVATIONS A712 ENLARGED RESTROOM PLANS AND ELEVATIONS A731 INTERIOR SECTION DETAILS A732 INTERIOR DETAILS A802 GLAZING SYSTEM TYPES A821 GLAZING AND DOOR DETAILS A901 FIRST FLOOR FINISH PLAN STRUCTURAL 5000 GENERAL NOTES S100 FOUNDATION PLAN 5200 ROOF FRAMING PLAN S300 UPPER ROOF FRAMING PLAN S400 FOUNDATION DETAILS EXHIBIT B FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF DRAWINGS Page 2 of 2 S500 FRAMING DETAILS S501 FRAMING DETAILS MECHANICAL, ELECTRICAL, PLUMBING U101 UTILITY SITE PLAN UD101 UTILITY DEMO PLAN P101 PLUMBING DRAIN PLAN P102 PLUMBING ROOF DRAIN PLAN P201 PLUMBING SUPPLY PLAN P301 PLUMBING SCHEDULES P302 PLUMBING DETAILS P303 PLUMBING ISOMETRICS M101 MECHANICAL PLAN M201 MECHANICAL SECTION AND DETAILS M301 MECHANICAL SCHEDULES E101 POWER PLAN E102 HVAC & PLUMBING POWER PLAN E103 ROOF LIGHTNING PROTECTION PLAN E201 FIRE ALARM PLAN E301 LIGHTING PLAN M401 RISER, ELECTRICAL NOTES, AND SCHEDULES M402 LIGHT FIXTURE SCHEDULE Exhibit "C" 10/14/2008 Fayetteville District Court - VE Item List Status Approved L Approved Approved Approved D w > 2 . o_ Q Approved] Approved Approved Approved Approved I Approved! Approved Approved Approved m > 2 Q a d Approved Approved Approved Approved Approved Approved Approve Proposed Value! 0 0 0 0 0 0 0 0 0 0 0 co 69 0 0 . 0 0 0 M 64 0 0 . 0 0 0 0 EA 0 0 . 0 0 0 6969 0 0 . 0 0 0 to 100'000'zgs 0 0 . 0 0 0 N 99 0 0 . 0 o 0 0•- a 0 o . a a 0 69696969 0 0 . 0 o 0 a a . 0 0 N o 0 . 0 0 0 CV 0 0 . 0 0 0 0 in 0 0 . a 0 0 69 o 0 . 0 0 Un N(6 69 a 0 . o 0 o 69 a 0 . 0 0 o 69 0 0 a 0 a 0 0 0 . 0 0 o 0 0 0 . 6 0 o tf 69 0 0 . 0 0 iti to FA $354,500.00 E Landscaping - Delete all landscaping from Project, Including Structural Soil and Tree Grates Precast Panels - Replace with Typical Brick wall section using ACME approved alternate brick 1Masonry - Change to ACME approved alternate brick Metal - Use decorative painted metal handrail in lieu of Glass and Stainless Steel guardrail at entry Metal - Use Gordan Colum Covers in lieu of Specified Waterproofing - BASF Hydrocide 600 for Section 07260 above grade waterproofing ACM Panels - Use Reynobond Standard 3 coat/200 Series System, 4mm PE Core, Joint Layout Changes, from 531 to 317 panels Insulation - Remove perimeter insulation at foundations Roofing - Use 45 mill TPO mechanically attached, minimum R -Value of 20, and 10 year warranty maintained Glass and Glazing - Use Versalux Grey R over Sungate 500 low -e in lieu of Grey Eclipse Advantage Radiant Low -e over Solar E Glass and Glazing - Replace talk -around Teller frames with non -talk -around, located in short corridor outside of room 1008 Doors and Hardware - Replace security door and HW in 229 with 14 gauge metal door with security lite and standard hardware Toilet Partitions - Use baked enamel in lieu of specified stainless steel in Staff Restrooms Handicap Lift - Delete Handicap Lift Fire - Wall Mounted FDC 1Fire - Use Solenoid Valve in lieu of Pre Action System Mechanical - Change cast iron roof drain pipe to PVC HVAC - Use galvanized drain pan in lieu of stainless steel Electrical - Delete backup generator and ATS power (GC will still provide concrete pad and conduit) Electrical - Delete Lightning Protection System Electrical - Change interior lighting package fixture types (parabolic) without interrupting the LEED specifications Electrical - Remove daylight harvesting controls from Courtroom, Lobby, and Open Office Areas - Need additional design. Certification of Document's Authenticity AIA® Document D401 TA4 — 2003 1, James Estes, hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA Document A101 TNI — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) v .i r \NEM lo/ -2.2.1o6 (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute 01 Architects. All rights reserved, protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/7/2009, and is not for resale. User Notes: WARNING: This AIA® Document is Document, or any portion of it, law. This document was produced by {2822321375) 1 l ti Additions and Deletions Report for AIA Document Ale" - 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:00:27 on 10114120013. PAGE 1 • AGREEMENT made as of the 0215-t day of £ 1!. , b€( in the year cOoOg ETWEENThe City of Fayetteville: City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Kinco Constructors LLC 3803 Kelley Avenue Springdale, Arkansas 72762 (Name, location -location, and detailed description) Fayetteville District Court & Prosecutor Facility Fayetteville, Arkansas 72701 (Name, address and other information) Wilson Estes Police Architects, Subchapter S Corporation 5799 Broadmoor Suite 520 Mission, Kansas 66202 Telephone Number: (913) 384-1115 Fax Number: (913) 384-2292 PAGE 2 CiArice TIE ce, +M -R f?'J1 /' rcA i* cis 5''p 041y f ret f cf" NEEDF-D To 5P7 J. Q(-ck0M ]s fia `,`lam -rZA,L/s § 3.1 The date of commencement of the Work shall be the date of this Agreement 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:City of Fayetteville. Additions and Deletions Report for AIA Document A101 ry - 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this Ale Document, or tiny portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11,7/2009, and is not for resale. User Notes: (2822321375) 1 • If, prior to the commencement of the Work, the Owner -City of Fayetteville requires time to file mortgages and other security intc_c,.t , t Owner's interests,The City of Favetteville's time requirement shall be as follows: § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred and Sixty Five ( 365 ) days from the date of commencement, or as follows: PAGE3 Two Hundred dollarsper day § 4.1 The Owner -City of Fayetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be (4—Three million three hundred severity two thousand five hundred dollars ($3,372.500 ), subject to additions and deductions as provided in the Contract Documents. kern Item • Price -Per Unit § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the A reh tcct, the O ncr Architect.The City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day -of a ment e owner—Twenty-fifth day of a month for theprior months completed work„The City of Fayetteville shall make payment of the certified amount to the Contractor not later than the Twenty Fifth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the -Owner -net -Inter -then --(—The City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. Additions and Deletions Report tor AIA Document A1011,1 — 2007. Copyright 01915. 1916, 1925, 1937, 1951, 1958. 1961. 1963. 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10114/2008 under Order No.1000374840_1 which expires on 111712009, and is not for resale. User Notes: (2822321375) 2 .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to ther-The City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007, General Conditions of the Contract for Construction; .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, The City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by t"rThe City of Fayetteville; and PAGE 4 § 5.1.9 Except with the-Ownerz5-The City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the -Owner -The City of Fayetteville to the Contractor when § 5.2.2 The Owner's -City of Favetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: { A r iitfatien pursuant toScetion 15.4 of AIA Document A201 2007 { j Litigation in n court of competent jurisdiction { 3 Other (Specify) § 7.1 The Contract may be terminated by the -Owner -The City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner The City of Fayetteville as provided in Article 14 of AIA Document A201-2007. PAGE 5 Additions and Deletions Report for AIA Document A101 TM - 2007. Copyright 01915. 1918, 1925, 1937, 1951. 1958. 1961. 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAa Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution at this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software a1 15:0027 on 10/1412008 under Order No.1000374840_1 which expires on 11/7/2009, and is not for resale. User Notes: (2822321375) 3 8.3The City of Favetteville's representative: (Name. address and other information) Lynn Hyke 113 W Mountain Street Fayetteville, Arkansas 72701 Telephone number 479-718-7670 Mobile number 479-601-1079 ihyke@cilayetteville.ar.us 1eeate« (Invert rate of interest agreed upon, if any.) §43 The Owncr+.,- Andrew Mincks 3803 Kelley Avenue Springdale, Arkansas 72762 Telephone number 479-751-8606 § 8.5 Neither the Owner's The City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. PAGE 6 AIA201-2007 Specification section 00800 General Conditions of the Contract for construction Supplementary Conditions Exhibit A — Enumeration of Specifications Sectione Exhibit B — Enumeration of Drawings September 8th, 2008 39 September 8th, 2008 2 Date Pages Additions and Deletions Report tor AIA Document A101111 - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Uneuthorized reproduction or distribution of IhIs AIA' Document, or any portion of It, may result In severe civil and criminal penatttes, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/7/2009, and is not for resale. User Notes: (2822321375) Number 2 Title Date 2008/09/23 - 2008/09/25 Specification Section 00200 -- Instructions to bidders Specification Section 00300 — Information available to bidders Exhibit C — Value Engineering list 3 pages plus attachments 1 page plus attachments The Eentraetor-City of Fayetteville shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007, Builders Risk Policy deductible $5000 $3,400,000 -Earthquake deductible $25.000 $2,500,000 -Flood deductible $25.000 $2,500,000 -Testing and Startup deductible $5,000 $3,400,000 -Temporary Storage deductible $5,000 $250,000 -Transit deductible $5,000 $100,000 PAGE 7 Lynn Hyke — Construction manager _ Andrew Mincks — Project Maria er WITNESS OUR HANDS THIS DAY OF , 2008. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS DAN GOODY, Mayor Attest: Sondra Smith, City Clerk Additions and Deletions Report for MA Document A101'1 — 2007. Copyright ®1915. 1918. 1925.1937, 1951, 1958, 1981, 1963, 1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AleDocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:0027 on 10114)2008 under Order No.1000374840_1 which expires on 11!712009, and is not for resale. User Notes: (2822321375) 5 CONTRACTOR BY ATTEST: COMPANY SECRETARY NAME AND TITLE BUSINESS ADDRESS Additions and Deletions Report for AIA Document A101 TM - 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974. 1977. 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution 01 this AIAe Document, or any portion of It, may result In severe civil end criminal penalties. and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/7/2009, and is not tor resale. User Notes: (2822321375) 6 Certification of Document's Authenticity Al*Document D4011 - 2003 1, James Estes, hereby certify. to the best of my knowledge, 'information and belief. that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of Me Document. A101/14 — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software. other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dared) 01 z.z(ov AIA Document D401131— 2003. Copyright C 1992 end 2003 by The American Institute of Architects. All rights reserved. WARNING: This A€Aa Document is protected by US. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this Ale Document, or any portion of It, may result in Severe civil end criminal penalties, and wit be prosecuted to the maximum extent possible under the law. This doe umenl was produced by AIA software at'15:00:27 on 10/1412000 under Order No3000370340_1 which expires on 1117/2009, and is not for resale. lJeer Notes: 12022321375) 1 Judge Rudy Moore Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 21 -Oct -08 City Council Meeting Date District Court Division Action Required: District Judge Department Approval of BID 08-51, Courts Building -Demolition and Construction with _Kinco Constructors in the estimated amount of $KWAKAIC for construction services for the new LEED Court & Prosecuting Attorney's Building. heaalgOiftet Cost of this request 4470.9470.5315.00 Account Number 04008.0801 Project Number 4,227,321 Category / Project Budget 3,841,385 District Court/Prosecutor Facility Program Category / Project Name District Court Funds Used to Date Program / Project Category Name 385,936 Sales Tax Cap. Improvement Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached men risctor Date I1)f $ vg YAttorney Cit date o Finance artd Internal Service Director Date 2'1 Mayor /PZ2qg Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: ReceiveCed in City Clerk's 0 ° Received in Mayor's Office Comments: Judge Rudy Moore Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 21 -Oct -08 City Council Meeting Date District Court Division Action Required: District Judge Department Approval of BID 08-51, Courts Building -Demolition and Construction with Kinco Constructors in the amount of $3,372,500.00 for construction services for the new LEED Court & Prosecuting Attorney's Building and a contingency of $300,000.00 3,372,500 Cost of this request 4470.9470.5315.00 Account Number 04008.0801 Project Number 4,227,321 Category / Project Budget 3,841,385 $ District Court/Prosecutor Facility Program Category / Project Name District Court Funds Used to Date Program / Project Category Name 385,936 Sales Tax Cap. Improvement Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached Department Di City Attorney j0 /y Date Date Finance and Internal Service Director Date Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: CONTRACT REVIEW MEMO To:. Mayor Dan Coody and City Coun it From: Rudy Moore, District Court Date: October 13, 2008 Subject: Approval of the attached contract with Kinco Constructors for demolition of the old City Jail facility and construction of the new District Court/Prosecuting Attorney LEED facility at Rock and Church Streets in downtown Fayetteville. RECOMMENDATION 1 recommend approval of a contract with Kinco Constructors in the amount of $3,372,500.00 for demolition/construction of the new District Court/Prosecuting Attorney LEED facility. In addition to their bid amount, I am also requesting that you approve $300,000.O0for a project contingency. BACKGROUND In 2005, the City hired Wilson Estes Police Architects to do a space needs study for 5 City of Fayetteville buildings. A report, titled "Public Safety Center and City Services: Facility Needs Assessment" was a product of that work. On May 16, 2006, staff requested direction from the City Council in regards to the preferred location of the new Police and Courts facility and the Council unanimously passed Resolution No. 94-06 supporting a downtown location for this facility. The scope of the project has changed over the course of time. This project involves constructing a new LEED Court and Prosecuting Attorney facility. The facility will be approximately 15,000 square feet and a Silver LEED certification will be attempted through the U.S. Green Building Council. DISCUSSION In October of 2006, City Staff negotiated a contract with Wilson Estes Police Architects for design and construction services for this project. Resolution 176-07 was also passed in October of 2006, requiring all new City -owned buildings in excess of 5000 square feet to achieve a minimum certification of LEED-Silver as issued by the US Green Building Council. There was a change order to the Wilson Estes contract (Resolution 215-07) that added these LEED related services. In response to several contractor inquiries, the LEED requirement for the general contractor was eliminated from the bid specs. In June 2008, City staff recommended that a LEED consulting firm be hired to ensure this aspect of the Project's success. After a selection committee conducted interviews, TME, a Little Rock LEED consulting firm, was hired. A LEED checklist was developed by the architect and the consultant, resulting in achievable goals for the demolition and construction. Utility relocation and parking options were construction LEED Court Bldg_ Council memo Oct l3.doc challenges that were also in the Project mix. The Pre-bid meeting on September 17 was attended by approximately 50 people, of which approximately 10-12 were general contractors. The targeted occupancy of the new Courts Building is November 2009. BUDGET IMPACT Budget is available and is detailed on the Staff Review form. LEED Court Bldg. Council memo Oct13.doc RESOLUTION NO. A RESOLUTION AWARDING BID #08-51 AND APPROVING A CONTRACT WITH KINCO CONSTRUCTORS IN THE AMOUNT OF $3,372,500.00 FOR CONSTRUCTION SERVICES FOR THE NEW LEED COURT & PROSECUTING ATTORNEY'S BUILDING; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $300,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #08-51 and approves a contract with Kinco Constructors in the amount of $3,372,500.00 for construction services for the new LEED Court & Prosecuting Attorney's Building. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $300,000.00. PASSED and APPROVED this 21St day of October, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer :031d112139 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. V Milestone Construction Company, LLC 00'000'8Z6t$ G1 311 `sao;onafsuo3 ooul}I 00'o00`LZL`£$ c,1 Heckathorn Construction Company, Inc. 00'009`0£8`£$ '3U1 `saaplln8 •0 V 0 00'000'000'P$ Clinard Construction Management, Inc. N uoitormsuo3 pao}nnea3 • 1.3 00'000479L`£$ -out `6ui}oemo3 aaISso8 Bid 08-51, Courts Building - Demolition and Construction W co 0 0 0 co 0 i Al-l-,AIA Document A101 TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added information needed for its BETWEENThe City of Fayetteville: completion. The author may also (Name, address and other information) have revised the text of the original AIA standard form. An Additions and City of Fayetteville Deletions Report that notes added 113 W. Mountain information as well as revisions to Fayetteville, Arkansas 72701 the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, address and other information) where the author has added necessary information and where Kinco Constructors LLC the author has added to or deleted 3803 Kelley Avenue from the original AIA text. Springdale, Arkansas 72762 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A20171-4-2007, (Name, location, and detailed description) . General Conditions of the Contract for Construction, is adopted in this IFayetteville District Court & Prosecutor Facility document by reference. Do not use Fayetteville, Arkansas 72701 with other general conditions unless this document is modified. The Architect: (Name, address and other information) Wilson Estes Police Architects, Subchapter S Corporation 5799 Broadmoor Suite 520 Mission, Kansas 66202 Telephone Number: (913) 384-I 115 Fax Number: (913) 384-2292 The Owner and Contractor agree as follows. Init. AIA Document Al 01 -2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AtAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/1412008 under Order No.1000374840_1 which expires on 11/7!2009, and is not for resale. User Notes: (2822321375) TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION B MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I 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, all of which 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 a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement 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 City of Fayetteville. (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.) If, prior to the commencement of the Work, the City of Fayetteville requires time to file mortgages and other security interests,Thc City of Fayetteville's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred and Sixty Five ( 365 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement, If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 r" - 2007. Copyright © 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Intl. Institute of Architects. All rights reserved. WARNING: This AIAC Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil end criminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 1117/2009, and is not for resale_ (2822321375) User Notes: Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Two Hundred dollars per day ARTICLE 4 CONTRACT SUM § 4.1 The City of Fayetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three million three hundred seventy two thousand live hundred dollars ($3,372,500), subject to additions and deductions as provided in the Contract Documents. (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,The City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-fifth day of a month for the prior months completed work,,The City of Fayetteville shall make payment of the certified amount to the Contractor not later than the Twenty Fifth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by The City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent 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. The schedule of values shall 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. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent 10.00% ). Pending final determination of cost to The City of Fayetteville of changes in the Work, trait AIA Document A101 n —2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AEA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This document was produced by AlA software at 15:00:27 on 10t1412008 4120 0 8 under Order No.1000374840_1 which expires on 11/7/2009. and is not for resale. User Notes: (2822321375) amounts not in dispute shall be included as provided in Section 7.3.9 of ALA Document A201 - 2007, General Conditions of the Contract for Construction; .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 City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by The City of Fayetteville; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 Section 9.10.3 of AlA Document A2O1--2007. § 5.1.6 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 the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with The City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored a[ the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by The City of Fayetteville to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) (Paragraphs deleted) Init. AIA Document A101TM —2007. Copyrlghtl 1915, 1918. 1925, 1937. 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Inslitule of Architects. All rights reserved. WARNING: This AIA'x Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 1011412008 under Ordor No.1000374840_1 which expires on 111712009, and is not for resale. User Notes; (2822321375) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by The City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by The City of Fayetteville as provided in Article 14 of AIA Document A201- 2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.3The City of Fayetteville's representative: (Name, address and other information) Lynn Hyke :113 W Mountain Street Fayetteville, Arkansas 72701 Telephone number 479-718-7670 Mobile number 479-601-:1 079 ]hyke @ci.fayetteville.ar.us (Paragraphs deleted) § 8.4 The Contractor's representative: (Name, address and other information) Andrew Mincks 3803 Kelley Avenue Springdale, Arkansas 72762 Telephone number 479-751-8606 § 8.5 Neither The City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AlA Document A 101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Unit. AIA Document A101m - 2007. Copyright 51 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/1412008 under Order No.1000374840_1 which expires on 1117/2009, and is not for resale. User Notes: (2822321375) Document AIA201-2007 Specification section 00800 Title General Conditions of the Contract for construction Supplementary Conditions Date September 8'h, 2008 September 8th, 2008 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Exhibit A — Enumeration of Specifications (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Exhibit B —Enumeration of Drawings (Table deleted) § 9.1.6 The Addenda, if any: Pages 39 Number • Date Pages 1 2008/09/23 3 pages plus attachments 2 2008/09/25 1 page plus attachments 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. § 9,1,7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E20ITM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such 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 in this Agreement. They should be listed here only if intended to be part of rite Contract Documents.) Specification Section 00200 —Instructions to bidders Specification Section 00300 — Information available to bidders Exhibit C — Value Engineering list ARTICLE 10 INSURANCE AND BONDS The City of Fayetteville shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (Stale bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($ 0,00) Builders Risk Policy deductible $5000 $3,400,000 -Earthquake deductible $25,000 $2,500,000 -Flood deductible $25,000 $2,500,000 -Testing and Startup deductible $5,000 $3,400,000 -Temporary Storage deductible $5,000 $250,000 -Transit deductible $5,000 $100,000 kilt. Institute Document A101' - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 which expires on 11/712009, and is not for resale. User Notes: (2822321375) This Agreement entered into as of the day and year first written above. OWNER (Signature) Lynn Hyke —Construction manager (Printed name and title) CONTRACTOR (Signature) Andrew Mincks — Project Manager (Printed name and title) WITNESS OUR HANDS THIS DAY OF , 2008. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: Sondra Smith, City Clerk CONTRACTOR BY ATTEST: COMPANY SECRETARY NAME AND TITLE BUSINESS ADDRESS Init AtA Document A101T" - 2007. Copyright® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1957, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S, Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 111712009, and is not for resale. User Notes; (2822321375) Additions and Deletions Report for AIA® Document A 9 dlr"—2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:00:27 on 1011412008. PAGE 1 AGREEMENT made as of the day of in the year BE-TWEE-N-the-9wner:BETWEENThe City of Fayetteville: City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Kinco Constructors LLC 3803 Kelley Avenue Springdale, Arkansas 72762 (Name, kmeati1 n -location. and detailed description) Fayetteville District Court & Prosecutor Facility Fayetteville, Arkansas 72701 (Name, address and other information) Wilson Estes Police Architects Subchapter S Corporation 5799 Broadmoor Suite 520 Mission, Kansas 66202 Telephone Number: (913)384-1115 Fax Number: (913) 384-2292 PAGE 2 § 3.1 The date of commencement of the Work shall be the date of this Agreement 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 OwneFCity of Fayetteville Additions and Deletions Report for AIA Document A101TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by Thu American Institule of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion oil, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840 1 which expires on 111712009, and is not for resale. User Notes: (28223213751 If, prior to the commencement of the Work, the Owner -City of Fayetteville requires time to file mortgages and other security ijiterest -;~ erfintererts,The City of Fayetteville's time requirement shall be as follows: § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred and Sixty Five (365) days from the date of commencement, or as follows: PAGE 3 Two Hundred dollars per day § 4.1 The Owner CityofFa etteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be (Three million three hundred seventy two thousand five hundred dollars ($3,372,500), subject to additions and deductions as provided in the Contract Documents. §-42 The-Centruct urn i ba;ed upon the follewing-alternates, if any, which are d03cribed-in4he Contract Doeurrtents-R . (Stale the thers-or other identification of accepted alte'na!ec—Jf-the-bidding or proposal documents -permit -the Owner > ie, o r a11e, afe ,.r. ....,,-- , ,r, thef alternates showing the arnountfr each and the date when thai-amount ep-ires-) § U-Un 4-pr-iees-i€ any: fden-ond-ic1afe the unit priee, siate quantity limiiaiians, if any, is which the -unit -price will be applicaWe-) r item Item Units and Limitation6 Price -Per Unit Price § 5,1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,The City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5,1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, .r,,. Owner Twenty-fifth day of a month for the prior months completed work„The City of Fayetteville_ shall make payment of the certified amount to the Contractor not later than the Twenty Fifth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the -Owner -net -later -tom --(--The City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. Additions and Deletions Report for AIA Document A101"' -2007. Copyright© 1915,1918,1925,1937.1951,1958,1961,1963,1967,1974,1977,1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:1x127 on 10/14/2008 under Order No.10003748401 which expires on 1111/2009, and is not for resale. User Notes: (2822321375) .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the -Owner -The %rer-The City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tr`t-2007, General Conditions of the Contract for Construction; .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 th«r, The City of Fayetteville_ suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00%J; .3 Subtract the aggregate of previous payments made by the Ow ier--,The City of Fayetteville; and PAGE 4 § 5.1.9 Except with the -Owner's -The City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by tile-OwnerThe City of Fayetteville to the Contractor when § 5.2.2 The 9wner's-City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: §-&..2-BINDING-915P11TE-RERAN For any Claim ubjeet to, but -not resolved by -mediation pursuant to Seetion I 5 -of AlA Document A20l 2003-4he method of binding dispute resolution -shall be as follows: (C-heek-the-appiopriate box. if the Owner end Contraetor do net selee4-a-mexhod of binding dispute res1uiion below, or nel-se eqently-egree-in-wfil4flg to a bindi,, a:s ,.. t,.i:n.t tttetlte 9Ii t ns will be rcsoh'ed-by !itigation in a cowi of competent jurisdiction.) { J—Prbitration-pufSection-134-of MA Document A201 2OO7 § 7.1 The Contract may be terminated by ° c Owner The City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner -The City of Fayetteville as provided in Article 14 of AlA Document A201-2007. PAGE 5 Additions and Deletions Report for AIA Document A101 "' - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No.1000374840_t which expires on 111712009, and Is not for resale. User Notes: {28223213751 § 8.3The City of Fayetteville's representative: (Name, address and other information) Lynn Hykc 113 W Mountain Street Fayetteville, Arkansas 72701 Telephone number 479-718-7670 Mobile number 479-601-1079 ihyke ci. fayettevi l le. anus Andrew Mincks 3803 Kelley Avenue Springdale,Arkansas 72762 Telephone number 479-751-8606 § 8.5 Neither the The City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. PAGE 6 ATA201-2007 Specification section 00800 General Conditions of the Contract for construction Supplementary. Conditions September 8th,2008 39 September 8rh, 2008 Exhibit A — Enumeration of Specifications Section Title Date Pages Exhibit B — Enumeration of Drawings Additions and Deletions Report for AIA Document A1011 T" - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institule of Architects. All rights reserved. WARNING: This Ale' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion 01 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 which expires on 1117/2009, end is not for resale. User Notes: (2822321375) Number" 4 t1e Date 1 2008/09/23 3 -pages plus attachments 2 2008/09/25 1 page plus attachments Specification Section 00200 —Instructions to bidders Specification Section 00300 — Information available to bidders Exhibit C — Value Engineering list The Centf-ae39r-Cityof Fayetteville shall purchase and maintain insurance and provide bonds as set forth in Article II of AIA Document A201-2007. Builders Risk Policy deductible $5000 3$_400,000 -Earthquake deductible $25,000 $2,500,000 -Flood deductible $25,000 $2,500,000 -Testing and Startup deductible $5,000 $3,40Q,000 -Temporary Storage deductible $5,000 $250,000 -Transit deductible $5,000 $100000 , PAGE? Lynn Hyke — Construction manager Andrew Mincks — Project Manager WITNESS OUR HANDS THIS DAY OF , 2008. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: Sondra Smith City Clerk Additions and Deletions Report for AIA Document A101 '--2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institule of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion 01 11, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was producod by AIA software at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 which expires on 11!712009, and is not for resale. User Notes: (2822321375) CONTRACTOR BY ATTEST: COMPANY SECRETARY NAME AND TITLE BUSINESS ADDRESS Additions and Deletions Report for AIA Document A101'— 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991. 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIADocument Is protected by U.S. Copyright Law and 6 International Treaties. Unauthorized reproduction or distribution at this AlA' Document, or. any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:00:27 on 10/14/2008 under Order No.1000374840_1 which expires on 11/7/2009, and is not for resale. User Notes: (2822321375) Certification of Document's Authenticity AIA ID Document D401 TM - 2003 1, James Estes, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:00:27 on 10/14/2008 under Order No. 1000374840_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101T"r — 2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dared) AIA Document D401 TM -2003. CopyrightO 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AIA g Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the ma Klmum extent possible under the law. This document was produced by AIA software at 15:00:27 on 10/14(2008 under Order No.1000374840 1 which expires on 1117!2009, and Is not for resale. User Notes: (282232 175l EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS SEPTEMBER 8TH, 2008 COVER PROJECT TEAM ARCHITECT'S DISCLAIMER OF RESPONSIBILITY MEP ENGINEER'S DISCLAIMER OF RESPONSIBILITY CIVIL ENGINEER'S DISCLAIMER OF RESPONSIBILIY TABLE OF CONTENTS INTRODUCTORY INFORMATION, BIDDING AND CONTRACTING REQUIREMENTS 00200 INSTRUCTIONS TO BIDDERS 00300 INFORMATION AVAILABLE TO BIDDERS REPORT OF GEOTECHNICAL EXPLORATION STATE OF ARKANSAS PREVAILING WAGE STATEMENT AIA DOCUMENT A701-1997, INSTRUCTIONS TO BIDDERS INVITATION TO BID AIA DOCUMENT A305 -CONTRACTORS QUALIFICATIONS AIA DOCUMENT A310-1970, BID BOND AIA DOCUMENT A312-1984, PERFORMANCE BOND REPORT OF GEOTECHNICAL EXPLORATION STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 00410 BID FORM 00430 SUPPLEMENTS TO BID FORM 00431 SUPPLEMENT A - LIST OF SUBCONTRACTORS 00500 AGREEMENT AIA DOCUMENT A101 -1997, AGREEMENT 00700 GENERAL CONDITIONS AIA DOCUMENT A201-1997, GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01100 SUMMARY 01200 PRICE AND PAYMENT PROCEDURES 01230 ALTERNATIVES 01300 ADMINISTRATIVE REQUIREMENTS 01301 ELECTRONIC FILES DISCLAIMER 01325 CONSTRUCTION PROGRESS SCHEDULE 01354 LEED CREDIT SUMMARY 01355 LEED CERTIFICATION PROCEEDURES 01356 LEED SUBMITTAL FORMS 01357 LEED MATERIAL COST SUMMARY FORM 01358 LEED WOOD -CONTAINING PRODUCT LIST 01359 LEED METAL -CONTAINING PRODUCT LIST 01360 LEED NEW PRODUCT CONTENT FORM 01361 LEED NEW PRODUCT SOURCE FORM 01363 LEED PROHIBITED CONTENT INSTALLER CERTIFICATION 01400 QUALITY REQUIREMENTS 01.410 TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01510 TEMPORARY UTILITIES 01525 FIELD OFFICES EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 2 of 5 01550 VEHICULAR ACCESS AND PARKING 01575 TEMPORARY EROSION AND SEDIMENTATION CONTROL 01585 PROJECT SIGNS 01600 PRODUCT REQUIREMENTS 01700 EXECUTION REQUIREMENTS 01732 WASTE MANAGEMENT 01734 INDOOR AIR QUALITY 01780 CLOSEOUT SUBMITTALS 01810 COMMISSIONING DIVISION 2 -- SITE WORK 02225 DEMOLITION 02230 SITE CLEARING 02300 EARTHWORK 02361 SOIL TREATMENT FOR TERMITE CONTROL 02751 PORTLAND CEMENT CONCRETE PAVING 02765 PAVEMENT MARKINGS 02843 PARKING BUMPERS 02871 BICYCLE RACKS 02930 EXTERIOR PLANTS DIVISION 3 - CONCRETE 03200 CONCRETE REINFORCEMENT 03300 CAST -IN -PLACE CONCRETE 03390 CONCRETE CURING 03451 ARCHITECTURAL PRECAST CONCRETE DIVISION 4 - MASONRY 04065 MORTAR AND MASONRY GROUT 04720 CAST STONE 04810 UNIT MASONRY ASSEMBLIES 04852 STONE MASONRY DIVISION 5 - METALS 05120 STRUCTURAL STEEL 05210 STEEL JOISTS 05310 STEEL DECK 05400 COLD FORMED METAL FRAMING 05500 METAL FABRICATIONS 05520 HANDRAIL AND RAILINGS 05586 COLUMN COVERS DIVISION 6 -WOODS AND PLASTICS Page 2 of 5 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 3 of 5 06110 ROUGH CARPENTRY 06410 CUSTOM CABINETS 06423 WOOD VENEER FACED PANELING DIVISION 7- THERMAL AND MOISTURE PROTECTION 07115 BITUMINOUS DAMPROOFING 07130 SHEET WATERPROOFING 07212 BOARD AND BATT INSULATION 07214 FOAMED IN PLACE INSULATION 07260 WEATHER BARRIERS 07431 METAL COMPOSITE MATERIAL WALL PANELS 07461 WOOD SIDING 07530 ELESTOMERIC MEMBRANE ROOFING 07611 SHEET METAL ROOF, FASCIA, AND SOFFIT 07631 GUTTERS AND DOWNSPOUTS 07720 ROOF ACCESSORIES 07840 FIRESTOPPING 07900 JOINT SEALERS DIVISION 8- DOORS AND WINDOWS 08110 STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08310 ACCESS DOORS AND PANELS 08410 METAL -FRAMED STOREFRONTS 08585 SECURITY WINDOWS 08710 DOOR HARDWARE 08750 SECURITY FASTNERS 08800 GLAZING 08830 MIRRORS 08910 METAL FRAMED CURTIANWALL DIVISION 9 - FINISHES 09260 GYPSUM BOARD ASSEMBLIES 09300 TILE 09511 SUSPENDED ACOUSTICAL CEILINGS 09546 LINEAR METAL CEILINGS 09650 RESILIENT FLOORING AND BASE 09680 CARPET 09720 WALL COVERING 09850 ACOUSTICAL PANELS 09900 PAI NTS AND COATING DIVISION 10 - SPECIALITIES 10160 METAL TOILET COMPARTMENTS Page 3 of 5 EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 4 of 5 10210 WALL LOUVERS 10420 DIMENSIONAL LETTER SIGNAGE 10425 BUILDING DEDICATION PLAQUE 10523 LIFE SAFETY EQUIPMENT AND ACCESSORIES 10800 TOILET, BATH AND LAUNDRY ACCESSORIES DIVISION 11 - EQUIPMENT 11191 DETENTION HOLLOW METAL 11196 DETENTION FURNISHINGS DIVISION 12 - FURNISHINGS 12484 FLOOR MATS 12567 COURTROOM SEATING DIVISION 13 -SPECIAL CONSTRUCTION 13075 BULLET-RESISTENT FIBERGLASS PANELS 13705 SECURITY AND SURVEILLANCE SYSTEM DIVISION 14 - VERTICAL CIRCULATION 14427 COURTROOM LIFT DIVISION 15- MECHANICAL 15010 GENERAL MECHANICAL REQUIREMENTS 15240 VIBRATION ISOLATION 15250 MECHANICAL INSULATION 15330 WET PIP AND PREACTION SPRINKLER SYSTEM 15400 PLUMBING FIXTURES (LEED) 15410 ROOF AND STORM DRAINAGE SYSTEM 15411 SANITARY DRAIN, WASTE AND VENT PIPING SYSTEM 15412 DOMESTIC WATER PIPING SYSTEM 15413 NATURAL GAS PIPING SYSTEM 15300 FIRE PROTECTION SYSTEM 15430 PLUMBING SPECIALTIES 15440 PLUMBING FIXTURES AND TRIM 15450 PLUMBING EQUIPMENT 15459 ELECTRIC WATER HEATERS- COMMERCIAL GRADE 15510 HYDRONIC SYSTEM WITH WATER TREATMENT 15512 HYDRONICSYSTEM ACCESSORIES 15700 CENTRAL HVAC EQUIPMENT (LEED) 15787 LARGE PACKAGED VAV HEATING AND COOLING 15800 HVAC AIR DISTRIBUTION (LEED) 15851 OUTDOOR AIR HANDLING UNIT 15860 FANS 15890 LOW AND MEDIUM PRESSURE DUCT 15947 DIRECT DIGITAL CONTROL SYSTEM Page 4 of S EXHIBIT A FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF SPECIFICATIONS Page 5 of 5 DIVISION 16 - ELECTRICAL 16010 GENERAL ELECTRICAL REQUIREMENTS 16110 RACEWAYS 16120 WIRES AND CABLES 16130 BOXES AND ENCLOSURES 16140 WIRING DEVICES 16170 DISCONNECT SWITCHES 16190 SUPPORTING DEVICES 16195 ELECTRICAL IDENTIFICATION 16421 UNDERGROUND ELECTRICAL SERVICES 16423 TRANSIENT VOLTAGE SURGE SUPPRESSOR, MEDIUM EXPOSURE 16450 GROUNDING 16471 CIRCUIT BREAKER PANELBOARDS, 240 VAC 16472 CIRCUIT BREAKER POWER DISTRIBUTION 16481 MOTOR STARTERS, FULL VOLTAGE 16471 CIRCUIT BREAKER PANELBOARDS, 240 VAC 16485 CONTACTORS 16500 LIGHTING (LEED) 16510 LIGHTING FIXTURES 16621 ENGINE GENERATOR SET, PACKAGED 16627 AUTOMATIC TRANSFER SWITCH 16670 LIGHTNING PROTECTION SYSTEM 16720 FIRE ALARM AND DETECTION SYSTEM SCHEDULES OPENING SCHEDULE HARDWARE SCHEDULE FINISH LEGEND Page 5 of 5 EXHIBIT B FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF DRAWINGS SEPTEMBER 8TH, 2008 GENERAL COVER COVER SHEET O101 SITE LAYOUT D100 DEMOLITION SITE PLAN L100 LANDSCAPE PLAN C001 CIVIL SITE PLAN AND DETAILS C002 GRADING PLAN DETAILS AND SEDIMENT CONTROL PLAN ARCHITECTURAL A001 PARTITION TYPES A011 CODE SHEET A020 CODE PLAN A101 OVERALL SITE PLAN A102 ENLARGED SITE PLAN A103 SITE DETAILS A201 FIRST FLOOR PLAN A202 ROOF PLAN A301 FIRST FLOOR REFLECTED CEILING PLAN A401 EXTERIOR ELEVATIONS A501 BUILDING SECTIONS A511 WALL SECTIONS A512 WALL SECTIONS A513 WALL SECTIONS A514 WALL SECTIONS A515 WALL SECTIONS A516 CLERESTORY SECTIONS A521 SECTION DETAILS A522 SECTION DETAILS A531 PLAN DETAILS A701 ENLARGED INTERIOR PLANS AND DETAILS A702 INTERIOR ELEVATIONS A703 INTERIOR ELEVATIONS A711 STAFF RESTROOM PLANS AND ELEVATIONS A712 ENLARGED RESTROOM PLANS AND ELEVATIONS A731 INTERIOR SECTION DETAILS A732 INTERIOR DETAILS A802 GLAZING SYSTEM TYPES AB21 GLAZING AND DOOR DETAILS A901 FIRST FLOOR FINISH PLAN STRUCTURAL S000 GENERAL NOTES S100 FOUNDATION PLAN S200 ROOF FRAMING PLAN 5300 UPPER ROOF FRAMING PLAN S400 FOUNDATION DETAILS EXHIBIT B FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACILITY ENUMERATION OF DRAWINGS Page 2 of 2 S500 FRAMING DETAILS S501 FRAMING DETAILS MECHANICAL, ELECTRICAL, PLUMBING U101 UTILITY SITE PLAN UD101 UTILITY DEMO PLAN P101 PLUMBING DRAIN PLAN P102 PLUMBING ROOF DRAIN PLAN P201 PLUMBING SUPPLY PLAN P301 PLUMBING SCHEDULES P302 PLUMBING DETAILS P303 PLUMBING ISOMETRICS M101 MECHANICAL PLAN M201 MECHANICAL SECTION AND DETAILS M301 MECHANICAL SCHEDULES E101 POWER PLAN E102 HVAC & PLUMBING POWER PLAN E103 ROOF LIGHTNING PROTECTION PLAN E201 FIRE ALARM PLAN E301 LIGHTING PLAN M401 RISER, ELECTRICAL NOTES, AND SCHEDULES M402 LIGHT FIXTURE SCHEDULE mmmmmKmmmHaG)G) 3>*K99'9r w m —N r= 2G3G7m N �m m nom. m m CD o a o m m m m w a N N 3 O a a m ° 3 w .A G- m< 8 o CD @ ca v o m W > r m �, cp a rD m m ' ' ' m m CD m m a 7 rp CD i� Cf N m C -n (D m C m 71 c7 G O •O rp `t �, m m m c 7 c a C [� = fl1 •O CD O. 7 2 c O = nom Imo m COQ �a3 A' m. coo - �' a a m @ o n m m a m co 2 o O c m rn 77 c fn m m a c N o O 7_• -O.n Cm7 y t 7 a O m a O o m'm m o y o o n 3 co a h -1 a v w cf) 0 4 fD m 7 0 a o o m �c a a a ry 'pyr m 00 C'6 C =m 0 a C) G7 a m m 7 N m rn M m o o 0 c m o m tD o W 0 m a'cg 0 r v cn as m e 3 a !rt e CD x 7 m 4,m m m 3 N 3 N UJ a -U-, -U-,N m CD CL o -U-, o 0 O7 0 o a 0o m a- a n Co m O �- a a �o w o ° m c CD m 3 3 a O -, 7 D N ° cD G) = co wm m J' moves 0 o o a c m 'D - c 3 2 v) Sao o m w v m q 0 .`+ 7 m 7 CO CD / C) a. 0 o O 7 N f 3 a O * W 0. CD m Q 3 y O ° w0 DI a) 1 m m N 49 Ul 69(ft N Ns� b9EAEA 49 (T 4A FA (AfA. 49 R.6 .Inn W(A Off). 0 V, 010100 - W N— O N N -� A O N N a31 O W O .A a CTi 0 OOOOO 0 o OOOO1OOOOOOOOO a o 0 00 0 0 0 0 0 0 0 0 0 0 OO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 o •0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 co 0 0 0 o 0 0 m >>>>>>>>>>>>>>>>>>>>>> - ' ' ' ' 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W {{{{{ m m C t C C C C C C C{{{{{ m m m m m m m m cD m m m m m m C C{ m m m m m — c a a a a OL a a a a a a a a a a a a a a a a a Cl) CD CD (D 0 C) O m (D r O N O O O m X 0 rF (10.22.08) Clarice Pearman - Dena: Page 1 From: Clarice Pearman To: Stockalper, Dena Date: 10.22.08 5:54 PM Subject: Dena: CC: Hyke, Lynn Dena: The City Council passed your item regarind the new courts and prosecuting attorney building. In fill in the date and making for signatures the Additions & Deletions Report section was not by the contractor. Please let me know if you will come by and pick up to get signatures or if you'd like me to put them interoffice mail. I will be out for training 10/23 between 9 and 4. Leave me a message and I will get back with you. Have a good day. Thanks. Clarice From: Dena Stockalper To: Pearman, Clarice Date: 10.23.08 7:49 AM Subject: Re: Dena: I'll get with with Lynn, he will know what to do Dena Stockalper City of Fayetteville District Court Administrator 479-587-3598 dstockalper@ci.fayetteville.ar.us >>> Clarice Pearman 10/22/08 5:54 PM >>> Dena: The City Council passed your item regarind the new courts and prosecuting attorney building. In fill in the date and making for signatures the Additions & Deletions Report section was not by the contractor. Please let me know if you will come by and pick up to get signatures or if you'd like me to put them interoffice mail. I will be out for training 10/23 between 9 and 4. Leave me a message and I will get back with you. Have a good day. Thanks. Clarice ;(10/V/2008) Sondra Smith - Fwd: -Addition &Deletions Signatures � PageR1 From: Peggy Vice To: Smith, Sondra CC; I -tyke, Lynn Date: 10/24/2008 9:46 AM Subject: Fwd: Addition & Deletions Signatures Attachments: Addition & Deletions Signatures Sondra- Looks like we might have a miss understanding. Additions and Deletions pages are automatically printed with an AIA Contract to outline what was added or deleted to the contract. The reason the signatures are showing up are because we asked the architect to add signature lines in compliance with the City's policy in stead of the way the contract had them laid out. Page 1 of 1 Sondra Smith - Addition & Deletions Signatures From: Lynn Hyke To: Matt Veasman Date: 10/24/2008 9:21 AM Subject: Addition & Deletions Signatures CC: Andrea Foren; Peggy Bell; Peggy Vice Matt, Our City Clerk department doesn't understand why Kinco doesn't need to sign that one sheet. Could you have James Estes call the City Gerk office (479-575-8309) and explain the ALA form. The clerk he needs to talk to is Clarice Pearman. She is being firm on having Kinco sign the document in the contractor or she won't process it through the system. Maybe he can clear this up, if not, I guess Kinco will need to sign it. Thanks Lynn A. Hyke Construction Project Manager l yke@cifayetteville.ar.us (479) 601-1079 file://C:\Documents and Settings\ssmith\Local Settings\Temp\XPgrpwise\4901996AFAYETTEVILLEC... 10/27/2008 10.24.08) Clarice Pearman - Matt Veasman 913-384-1116 page From: Amber Wood To: Pearman, Clarice Date: 10.24.08 11:15 AM Caller: Matt Veasman Company Wilson Estes Architects Phone: 913-384-1115 [ ] Telephoned [*] Please call [ ] Will call again [*] Returned your call [)Wants to see you [] Came to see you [J Urgent RE: District Court Contract c&&t? 10.24.08 Clarice Pearman - District Court A101 Additions and Deletions report clarification Page 1 From: "Matt Veasman" matt.veasman@poiicearchitects.com> To: <Cpearrnan@ci.fayetteville.ar:us> Date: 10.24.08 11:54 AM Subject: District Court A101 Additions and Deletions report clarification CC: "Matt Veasman" <matt.veasman@policearchitects.com>, "Lynn Hyke" <Ihyke@c... Clarice Pearman City Clerk Fayetteville, Arkansas 72701 RE: Clarification of Addition and Deletions Report - A101 Contractor Owner Agreement The addition and deletions report is a document that is generated by the AIA software that we use to write contracts. The intent of this document is to highlight only changes (additions and deletions) to the original form of the AIA Contractor Owner Agreement. This is not an integral part of the AIA contract itself. It does not need to be included with the contract. This is used.by parties that review these documents on a day to day basis. I provided this document at the General Contractors request to specifically identify changes to the A101 standard form of the Owner Contractor Agreement. You will notice that each item listed in the report has a corresponding bar to the left hand side of the text on the original contract. This identifies where the changes have occurred. I was instructed to include the "standard signature" lines by the city of Fayetteville to page 7 of the original contract documents. The addition and deletions report is showing (pages 5 and 6) that these signature lines were added to the official A101 Contractor Owner Agreement. The addition and deletions report may be discarded from the Al 01 Contractor Owner Agreement, since it is not integral with the contract. Please let me know if you need anything else. Thanks, Matt Matt Veasman 10.24.08 Clarice Pearman - District Court A101 Additions and Deletions report clarification Page 2 Leed Ap WILSON ESTES POLICE ARCHITECTS 5799 BROADMOOR, STE 520 MISSION, KS 66202 P: 913.384 1115 F: 913.384.2292 C: 816.509.2218 P Please consider your environmental responsibility before printing this e-mail (10.28.08) Clarice Pearman - Res. 192-08 Page 1 From: Clarice Pearman To: Stockalper, Dena Date: 10.28.08 10:14 AM Subject: Res. 192-08 Attachments: 192-08 Kinco Constructors LLC.pdf CC: Audit Dena; Attached is a copy of the above resolution regarding Kinco Constructors. I will forward to you two of three original signed agreements via interoffice mail. Please let me know if there is anything else needed for this item. Have a good day. Clarice Kinco J) e- Constructors, LLC 11161os 3803 KELLEY AVE. &�rd Kinco SPRINGDALE AR 72761 constructors uc Phone: 479-751-8606 FAX: 479-751-5659 r r `Q a TRANSMITTAL FORM To: Date: November 10, 2008 LYNN HYKE CITY OF FAYETTEVILLE Project: FAYETTEVILLE DISTRICT COURT 113W. MOUNTAIN STREET 140 WEST ROCK FAYETTEVILLE, AR 72701 Phone: 479-718-7670 JOB NO: NW0809 Fax Number: Forwarded herewith/under separate cover the following: FAYETTEVILLE DISTRICT COURT I. MDESCRIe POTION _ } �`� w" _I 2 COPIES OF PAYMENT AND PERFORMANCE BOND AND INSURANCE CERTIFICATE ❑ For approval 1 ❑ For your use ❑ Returned approved ❑ As requested ❑ Returned for corrections I LI Returned approved as noted ❑ Resubmit _ copies ❑ Submit copies for distribution ❑ Other Remarks: Copies: K' co Constructors, LLC OORDINATOOR PROJEC IIII11IlI IlU IIII01I I 1I01JUl 0111II IIIIIIIIII III III] Doc ID: 012568330008 Tvoe: LIE Recorded: 11/06/2008 at 12:48:56 PM Fee Amt: $50.00 Pace 1 of 8 Washington County. AR Bette Stamps Circuit Clerk FileB029-00000198 AIA Perfotmance Bond Document A312 —1984 CONTRACTOR (Name and Address): Kinco Constructors, LLC. 3803 Kelly Ave. Springdale, AR. 72701 OWNER (Name and Addre.tx): City Of F. .yenvilJe 1 t3 W. Mountain Street Fayetteville; Arkansas 12701 SURETY (Name and Prindpal Place of Blrsfnese): Trayelere Casualty and Surety Coepany of America One Tower Square Hartford, CT. 06183 OONStiit).CTION CONTRACT Data: October 21, 2008 Antottihh $3, 375, 500 I)e5eti' (ion (Name find Location): Fayetteville Dist Court and Prosecutor Facility, Fayetteville, AR BOND #105171195 D tc (Nor em•lier titan Constrscrios Cowtua Date): October 21, 2008 Msmount: $3,375,500 This document hass Important legal _�_''� Modifications to this Bond: ^ I Notre See Lest Page oonsequerx s. Consultation vdah an Travelers Casualty and attomeyisencouragedwithrespect CONTt;4CTORASPRIJtCIPfi sir ct s, SURETY surety Company of America tolls completionormodf8oatlon. COfnpatfy; (Co to ) Company 1pOrate Sea) Any singular reference to Contract. Surety, fawner or other parry shalt sioflaWTe: /1L.t NeFtteand /•f ILLffI Tide: / � Signature Name John M. Ha bout^ Title: t beoondderodpluralwhere appitcabe. D Attorney -In -Fact (Any additiana signatares appear on the last page) ADDtTII0NS AND DELETIONS: The author of this document has added Information needed for is completion. The euihOr may also have revised the 18x1 of Vie Original AlA standard form. Ac Addttons end Deteffons Report that notes added hformation as well as revisions to the standard form trod is aveflable from the author and should be .evierred_ A vertical line In the left margin of (has document Indicates where the author has added neoesaafy infcrmatton and where the author has added to or deleted from the original AlA text. (FOR INfORM477ONONLY - Name. Address and Telephone) A0E (t ox BROKE=t : OWNER'S REPRESENTATIVE (Architect Engineer or other parry): William G. Cobb Jr. 111 Center St., Suite 1400 Wilson Estes Police Architects, Little Rock, AR. 72201. Subchapter S Corporation Phone 501-377-8305 5799 Broadinoor, Suite 520 Mission, KS. 66202 AM Doormeri Alit" - 1554. Copyright a 1894 by the Amedcm hmmuie of Art:hpeate. All rights reserved. W ARIaWG: This A'I5' Cansrieat is prrt' Kt by U.5, Coliyrighs Low end tgle rsrlortel TreatIse. Urow-.hortte6 roproductlo or d:etrlSOHcr: ot this Ale DMIrnr`t or any portiere of I:. may r5StSl in crv;. thlltt:sd erirr.'nat pond beg, and wit! be protacuted to the Aaiun exbet Sose'bl; under the It w.Thia llwmeM was Produced byAlA safware at 08'4829 on 08478 2068 under t) dot iab.t DJ092S03'!_I which expires on I Irrrsdoe, and is not for resale. User Hots: (3055475288 § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference, § 211 the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1.. 3 Ifthere is no Owner Default, the Surety's obligation under this Bond shall raise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Constttrntion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable.tirtx to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 The.Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contactor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner has aged to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Co-nt;ttndtkrn Contrhpt or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has s4tGsfied the eonditians of Section 3. the Surety shall promptly and at the Surety's expense take one of the followa'trg actions: § 4.1 Arrange for the Contractor, with con sent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and campWe the Construction Contract itself, through its agents or through independent cantractbra; or. § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for pt iformance and 0oaViction of the Construction Contract. arrange for a contract to be prepared for execution by the Otoner and the eonrtactrit-selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4".4 Waive is right to perform and complete, arrange for completion, or obtain a new contractor end with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicaW after the amount is determined, tender payment therefor to the Owner. or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness. the Surety shall be deemed to be in drholt on this Bond fifteen days after receipt of art additional written notice from the Owner to the .Surety demanding that tam Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greener than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. AAA Document A312" —1984. CepyrrgM® 1994 byThe Ametican 6tstitrte of Archtacu. Alt rights reserved. WARHrfG Thin AtA' tl;awmcnt Is prab;ted ny U.s. copyr1IIht tow ran tnterrelomi trestles. u'outenlred TgXOCvtllre w dter.leutlorr of LtiFL fie e' .eta. isnt, ar vtyre"" a+:1..'191 r *weft n 2 h'rnitt etvit sr90 crtrtrat p!rttnlies. setts ui2 nr pro6'ocete0 to tf+e maxtxaurs ;fin: possible undet Sirs Sr tt-17rit o ntnssprtdticod tt71 AIA Sollware or 08:49:28 on 09505+2008 uneerorder tto.1000329630_I etch exptroson 1 t{ir200s, end Is rat to mare. Usortiotes; (50804782881 § 6.1 The responsibilities of the Contractor for correction of defective unite and completion of the Construction Contract; §-6.i Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6,3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages canted by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subeomracts, purchase orders and other obligations. §9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations ender this Bond, whichever occurs first If the provisions o€ this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, § 10 Notice to die Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.. § ii When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction C6rltract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be teethed by the Owner in settlement of insurance or other claims for damages to which llte Contractor is entitled. reduced by all valid and proper payments made to or on bebal f of the Contractor under the Construction Contract § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 11.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the term of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AtA DocamentA312'N -.1934. CopyrlghtC i9$4 by The American tnstiu,ta 01 Arohiteds. Mt rights reserved. WARNitiu: This AlA° rOccrmrent Is a:okselecl by U.S. CGPYIII U re send IM*rrAslonM treatia4. Unrkfi5rhee rgpru,&iw cr ttfs -ullon a' Ut.s AtA" Dolum nt a any porch ar 11, may res!°r In 3 scree drtr imrt trInmel nah-daes eM s,ia oe pro rsIee t tone me inner 5515.11 po5-9as und7r the tate ih a doccmend arts pmduced byAle c0nwrei at l 492 an a9/8fi'ooa under Order Nn.1ao2w3o 1 wch expires on 111120as, and is rot nor resale. User Ness: (30ao47a2Eal § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Spaceis provided below jor addiilona! signfahsres of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AJA DocWnent A312n+-1904. Copyrtnhf O f 9B4 byThe Amgtican hi1yu a O1 AfdiaeCls. AB tlahts d.WO ' it'O A20 bocola6 , L woEDdad by U.S. Canr•inht tam and tntsnatlonl Tr c0ec... 6Mog!hoctlee red rOdeet,ee or attnbn of t7 tI AWo Dbenme4T or a^Y f0IIOO of . a:B.y rOOllU In 4 S8Y2r8 deu end CHtalnel F4oeI: e+e. end wItt ee ptrewded to the reekEmnm eX 0rtpor Ibl9 Uhdor the SoW ThkdOcummd wasplOdJOedbyAiA e0Stwara Lt Q84928 on 0.WSr00a W.�jefOrdet No.IOOe5296301 ,did. eX res on iilir2G9a, end 19 no *or rESat0. User NCNEst (3090<782s9) Payment Bond CONTRACTOR (Minne, and Address): SURETY (Name and Principal Place of Kinco Constructors, E.LC. Business): 3803 Kelly Ave. Travelers Casualty and Surety Company of America one Tower Square Springdale, AR. 72701 Hartford, CT. 06183 OWNER (Name and Address): Qty of Fayettevilte i i 3W. Mountain Street Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date:October 21, 2008 Amount $3,372,500 DesCription(NameandLocation): Fayetteville Dist Court and Prosecutor Facility, Fayetteville, AR BONE? #].05171195 Date (Not earlier than Con muctionConlrtwtDate): October 21, 2008 Amount: $3, 372, 500 Modifications to tldsBond: 0 None Q See Lest Page Travelers Casualty and CONTRACTOR AS PRINCIPAL SURETY Surety Company of America Company: (Corporate Seal) parry: (Corporate Seal) Kinco Constructors, LLC. Signature: Signature: Name and 'iaie. `' Name and Title: John M. Harbour {Anyadditiorralsig a p on r stpuge) Attorney -In -Pact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKEii: OWNER'S REPRESENTATIVE (Architect Engineer orother parrs): William G. Cobb Jr. 111 Center St., Suite 1400 Wilson Estes Police Architects, Subchapter S Corporation Little Rock, AR. 72201 5799 Broadmoor, Suite 520 Phone 501-377-8305 Mission, KS. 66202 AIA Doeamtenl A312' -.1984. CopyrlgM Q r934 by The American hnftula al rut .e6a. An rights reserved, WAfHING: This AtAaarueien3 t a pretpc by U.S. Copyl'M Law ar41-geteaa5ena T:mtlea. Unwtaiwree, ' tadvettaa m d LMW1aa" ai this Ale 0Moro9.tl.ar 5r. po•tw;t of a.:nay renal Y,Z rJ swva E d,4? sod crl .al p.naaGkG •M wM Oe pratncamd ro She maxtmJm esem pclt:'ize rhMC7 tie isv. Ttais ddcmnml was Pciucat by ALA sattware at 06:4928 en 0?/05!Td08 %miler CMer fta.t rn032563O_1 wtich exfxre5 on 11 t?12Wa, and m rid for resale User Notes: (3080476286) § I The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors. administrators, successors and assigns to the owner to pay for labor. materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. §2 With respect to the Owner, this obligation shall be null and void if the Contractor. § 2,1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construetion Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor end the Surety, and provided there is no Owner Default. §3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shalt have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereo€, to the Owner. stating that a claim is being made under this Bond and, with substantial accuracy, the amount[ of the claim. § 42 Claimants who do not have a direct contras with the Contractor. .1 Have furnished written notice to the Contractor and seat a copy, or notice thereof, to the Owner, Within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom ttte materials were furnished or supplied or for whom the labor was done or performed: and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and ,3 Not having been paid within the above 30 days. have seat a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being trade under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 8 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly turd at the Surety's expense lake the following actions: § 8,j Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts, § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond Sy the Contractor furnishing and the Owner accepting this Bond. they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surely shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are inueiared to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants undertbis Bond. AIA Document Aat2" —1985. Copydgl+t a 1984 by TheAmetkan titular, of Ardrtlods. All fights reserved. W ARtcilG: This AIAg eocurent Is Protect zt by U.S. Gopyrwui u ti and tn:errrottonwJ TTeuuies. tIn"Asnaomea repr drape or dls,.tuunon at em Jue oaxmern.er ray per'Jon of tr, nay t.wtt en 6 aor tic ctvlt urs. cr ml"sc peaa!C'raand wtlt Cr pexiuted to tan maxltnum aMnt poasake cnoer the raw. rtes fir cianeni run raoducced hr AIA BORwera at 09:4926en 09.'0.',12008 ender Ontu Nnl00aanamot whwh expires an t I#12005, grid is rat tar male. _ User Notes: ( 475 ) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and otter obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a count of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.23, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone wider the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Sut'ety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location inhere the construction was to be performed, any provision in this Bend conflicting with said statutory or legal requirement shall be deemed deleted herfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law Wild. §• 14 Upon request by any person or entity appealing robe a potential beneficiary of this Bond, the Contractor shall ptainptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIM. S § 15.1 Cla►matt: An individual or entity having a direct contract with the Contractor or with & subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Con(ract. The intent of this Bond Shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract: nrchiteCturai and engineering services required for performance of the worst of the Contractor and the Contractor's subcontractors; and all oilier items for which a mechsnic s lien may be asserted in the jurisdiction where the labor. materials or equipment were furnished. § 15.2 Cortsttuction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3,Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § ill MODIFICATIONS TO THI$ BOND ARE AS FOLi OWS: (Space is provided below for additional rignatures of added parties, other than thane appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) . Company: (Corporate Seat) Signature: Name and Title: Address: Signature: Name and Tide: Address: AIA Document A312T" .-ito4. COpyrtgtrti9 SSa4 by lire Amecan molt d Ardraeat. Act rights retenRe. WAn 5 . Tttts AIA' rsoovmm: Is protected by U.S. cOpyrtpitt La -is 2nd rrt.rn;ttontt erne oe. Un 'etisrtia6 tnpvodlCilen or CS t e.tae 1T's era' Oeeurrnuf. or any po.tao d t, nay result r terrine cIVY end crtra. trst penxtit:s. srO u t,e prosecuted ten me maximum exee u rrau;otr Inder tr.s rep. This document was produced by AJA eollwue at o8:4a28 en tR Ooa'.mSsr Order rte. tooeatye3a a atrich er,1res on 1 Irrt2oaa. and it not tar regale. User Hates: (3aaa47a2eE1 KINCCON-04 FASC ACQRDT, CERTIFICATE OF LIABILITY INSURANCE 911 DA E(MMf 00"3 PRODUCER (501) 377-2300 Stephens Insurance, LLC 111 Center Street, Suite 1400 Little Rock, AR 72201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Kinco Constructors, LLC 12600 Lawson Road Little Rock, AR 72210 INSURER National Fire Insurance Company INSURER B: Continental Casualty Company INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5 LIB 1BJ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR U2049413141 1/1/2008 1/1/2009 EACH OCCURRENCE $ 1,000,00 DATIFTORENTED PREMISES lEE occurence $ 100,00 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAU2049413155 1/1/2008 1/112009 COMBINED SINGLE LIMIT (Eaaocident) $ 1,000,000 X X BODILY INJURY (Per person) $ X X BODILY INJURY {Per accideni) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESSfUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,000 CUP2054192752 1/1/2008 1/112009 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,00 5 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 02067541913 1/1/2008 111/2009 X I WC TORL MITS ER E.L. EACH ACCIDENT $ 500,00 EL DISEASE - EA EMPLOYEE $ 500,000 E.L- DISEASE - POLICY LIMIT S 1,000,000 B B OTHER Installation/Builders Risk lnstallationfBuilders Risk U 2024947994 U 2024947994 1/1/2008 1/1/2008 1/1/2009 111/2009 Per Location $5,000,00 Transit & Offslte $150,00 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Fayetteville District Court and Prosecutor Facility - $3,375,500 amount. The City of Fayetteville, AR and Wilson Estes Police Architects, subchapter S Corporation, are additional insured as required by written contract. ( DTICI,—Arr- MAI nrD CANCFI I ATION City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 - SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J - IIII II 1Ii1i OII II IDI lII II II IlII IIII Doc ID: 012568330008 Tvoe: LIE Recorded: 11/06/2008 at 12:48;56 PM Fee Amt: $50.00 Paae 1 of B Washlnaton County. AR Bette Stamps Circuit Clerk FileBO29-OOOOO198 *IAJA Document A312'-1934 Perbxmance Bond CONTRACTOR (Name and Address): SURETY (Nance and Principal Place of Kinco Constructors, LLC. Business): 3603 Kelly Ave, rcavet.ere Casualty and 5uroty Company of America One sower square Springdale, A. 72701 HarefOrd, Cr. 06103 OWNER (Name end Address): City of FA*ettteviUe 11-3 W. Mpuritain Street Faycuevili : Arkansas 72701 CON51'i(UGTtON CONTRACT Date: October 21, 2008 ArifoUhl: $3, 375, 500 De.≤criplion (Marne and Location): Fayetteville Dist Court and Prosecutor Facility, Fayetteville, AR. BOND #105171195 Date (Net earlier fi'n Corsstrac.iion Conlrnct Date): October 21, 2008 Antoult: $3, 375, 500 Modif canons to this Banta: 0 Nose 0 Sec Last Page Travelers Casualty and rtst COUMACTORASPR1NCIP. n c 6, SURETY surety Company of Arierica Cotttpaliy; (Co oratt S }) Cornpan irporate Sea ) 5i$tlatnt!c: �t.t Memo Signature. Name and !LL w4R2 John M. Ha hour Tit e: D �q s Title: Attorney -In -Fact t (Any additiorur .signatures appear on the last page) (FOR INFORMATION ONLY- Nome. Address and Telephone) AGENT or BROKER: OWNER'S REPRE5ENTATIVE (Architect Engineer or other party): William G. Cobb Jr. 111 Center St., Suite 1400 Wilson Estes Police Architects. Little Rock, AR. 72201 Subchapter S Corporation Phone 501-377-8305 5799 Sroadmoor, Suite 520 Mission, KS. 66202 ADDITIONS AND DELETIONS: The author of this document has added Information needed for us completion. The author may also have revised the text of the original AlA standard form. An Addt/ons and Defelions Repot that notes added hformali n as well as revisions to the slandard form taxi is avttlah.er from the author and should be reviewed. A vertical fine in the left margin of this dowmecrl indicates where the euthot has added necessary Information and where the author has added to or deleted from the odptnal ALA text. ThIs document has important legal consequenoes. Consultation with an attorney Is encouraged with respect to Its completion or nodi≥icatton. Any t$ngutar reference to Contract. Surety, Owner or other party shall be considered plural where applicable. AIADoarrnertA31Z^'-7554.Cofl1ghtO1994byTheAmthcanhef@ReofArdrieets.Artrlgtnsresetved.W RNIHG:Thiscia"occV.5ntisyr acted by tiS. Copyrtg!)t Len 3r10lMomarionel Treaties hcrtxed f6dvntlon or estt162S^:r . re the b1A"' ea!rrs'1 or any portie.^. i+f t:. may resist 3:1 serer r:iV fl aid crinh et per:ailJes, and mitt fit: prosacttsd no the wastes extant p ssFVe under the toy. This da0umor was produced byAtA software at o6:4926 an 09A1a'2005 under OreNo 1 which expires on I U7#2078, Silt IS not tar resale. Veer Notes: (3G504762801 § I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, edam nistrators, successors and assigns to the Owner for the performance of the Consintotlon Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § i1 Inhere is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notificd the Contractor and the Surety at its address described in Section 1O below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing die Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a ttasonable.tinte to perform the Construction Contract, but Much an agreement shall not waive the Owner's right; if trey, subsequently to declare a Contractor Default; and § 3.2 The.Oimser has declared a Contractor Default and formally terminated the Contractor's rightto complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Constrnsdtion Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent cont3ractbrs; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for prrfornwnce and non ilction of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contraact rselected with the Owner's concurrence, to be secured with perforanattce and payment bonds executed by a Qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the atnount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 44 Waive ins right to performs and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If rite Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in defaetft on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that tim Suety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice The Owner shall be entitled to enforce any remedy available to the Owner. § 6 After die Owner has terminated the Contractor's Tight to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs anti damages on the Construction Contract, the Surety is obligated without duplication for: AMA Document J.3t2"-1994_ Copyright A 1884 try The Arnedcaa inritrte of Atd:aocts. All rights rseorvaa. WAitWrIG. rho AAA` Grn:nerrt Is prctOcted byt.S.Ooprsf9btLawsurdarderae!l•A,attraits S.:rnaursort[edtet+rmCVtilanmt t'5hutionor0+TeA!O. cinreet or€-y€°ur'•arU'.,'rey+setaIn 2 atwsre civil arc crxnr,Qt y redoes. and wit be prmsecutad to the Maz[:nim esten7 posalhlt under :rteien.hs Caannnni"nsa produced by ALA software et 06:4929 on 09!15'2OO8 undo% Ordw iro.1 ooe32°..ii30_T wtrich raphts on I 11712 0 0 9, eftd is rat for resale. User Notes: (30604762551 § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; §-6.2` Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting frprn the actions or failure to act of the Surety under Section 4; and 6,3 Liquidated damages, or If no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executirs, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts. purchase orders and other obligations. § 9 Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within Iwo years after the Surety refuses or fails tQ perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the•minimum period of Limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, § 10 Notice to die Surety, the owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 1i When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to suth statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 D flNITIONS § i2.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Cbittract after all proper adjustments have been made, including allowance to the Contractor of any arttoUnts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduood by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the term of the Construction Contract. § 12A Owner Default: Failure of the Owner, which has neither been remedied nor waived; to pay the Contractor as required by the Construction Contract onto perform and complete or comply with the Other terms thereof, MMA Ooenmerrt {1312*'r — 7954. Copyriglrt fi 1984 by The Aarerlean li hula of Art97etts. A9 rights rCserVad. WRRMttO' This AtA" Occw.ien! is Fes.`— led d7 tI.S. C'VYr;ht Lsnr and IriEtmrJonst Treaties. VruUthMrned iac-ductlon or durst lion 7t tsar its`' U7=vrre t. or any po4'r cl It; may reoun hs 3 severs Cult and crt .. mi p rnalttes art gal ne pecsco4Ted tort; merknum Maw N ee undw tne t , 7Ns document rsrpcsduca byAlA taRw cart at 08:49:28 an 0910SI-MOS 4Tdar Ord5r N 100M132as3o_I wh c2i expires an 11#12508, antiis net Inc resale. User Notes: ts0a0a7b2a8) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space' is provided below for additional signahires of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature : Signat4m: Name and Title: Name and Titte: Addixss: Address: AMA DOctmront A312^r —1684. CopyrNhl Cl 1984 byYhO Ame 1cao tnsdtu:e o1 Ardiiw Ls. At rights rose," WARt;2 it's A?A! UaefJmary Fo p: o'aead by U.S. Coppnj ,4 1.M a d 4Rtsrnafana4 ] res;tss tMarlhaHrpd r rbCw iina or d+s1rffiurAR es ttrts MAn DOutnse.'rt, 0r ary podtbn or 't sr y rasu,'t in 4 . rir ver¢ Ov11 end criratnal Innzltieo. and e:al M prpv"aftd t0 t." "xirnurn e1tortrrosYbte vndr,'tt:e seta. 7hisdocwnefli was RroddaOBdbyAL4 soiWr3v Et O929 on 09.,DS&oaa ceder Order No.1O6R32963Ct_1 wfibh ez *es 0n 1 t,7/2Otta, srta is not for resale. ttasbr Noton: (302047tS258j Payment Bond CONTRACTOR (Mrrnne and Address): SURETY (Name and Principoi Place of Kinco Constructors, LLC. Business): 3803 Kelly Ave. Travelers Casualty and Surety Company o£ America One Tower Square Springdale, AR. 72701 Hartford, Cr. 06183 OWNER (Name and Address): City of Fayetteville 13W. Mountain Street Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: October 21, 2008 Amount. $3, 372, 500 Docr1ption(Name andLocation): Fayetteville Dist Court and Prosecutor Facility, Fayetteville, AR BOND #105171195 Date (Not earlier lhtzn Consirmction Contract Dale). October 21, 2008 Amount: $3, 372, 500 � Modifications to thisBond: t= J None See Last Page Travelers Casualty and C NTRACTOR A$ PRINCIPAL SURETY Surety company of America Company: (Corporate Seat) pony: (Cwparate Seal) Kinco Constructors, LLC. Signature . Signature: Name and Title: pp S Name and Title: John 14. Harbour (Anyadditionaisigaut �p on tnstpage? Attorney-In-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKE(; OWNERS REPRESENTATIVE (Architect Eragvteer or other pain): William G. Cobb Jr. Wilson Estes Police Architects, 111 Center St., Suite 1400 Subchapter S Corporation Little Rock, AR. 72201 5799 Broadmoor, Suite 520 Phone 501-377-8305 Mission, KS. 66202 AiA t)eeumeni A3f2ry —1984. Capyr{yhtQ 1934 by The American hrstllua of Artht ors, An rights reserved WAANINS: This AIA° Oesunenl Is frarectad by U.S. Copyrb..t Law 6r:d ion34 T:eailae. t1:leLts en ed eS1od. rt8 r. er dl,jnev tor: e4 thlc AsA' O00tj W:rI.O' ew party ti Ot N revyeew511h t1' sade,e cM1 lard ertmlr.af'.ene acs. ■nS wto be pros_-mued Is the ma%knur'a *Arno poatue tlr.der 11.8 lee. This daptmml waspeduced by AIA sailware at 06:6920 on 08/OSIi00S tinder Order Na1000329630I n ltth CXQi1FS 5n II Rr200S. mrd is rat for rest user Notes: (3030476288) § I The Contractor and the Surety, jointly and severally bind themselves. their heirs, executors. administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance ofthe Construction Contras, which is incorporated herein by reference. §2 With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4'1'he Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy. the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense rake the following actions: §6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that arc undisputed and the basis fox challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts, § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond. they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that am urrrelared to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. era Document A3f2'Y —last Copyright O1984 by me American maims of Ardt£reds. An rights reseer ed. v lttr iG: ti• Is AtA0acu!:a6nt is p rM amt by us. Vapyflatt tan+ sail :errF omen TrOY.ies+ t3tYxRha fo : drsetberi4Sr 01 Ott Ai5� {hcc.-nsa.cr Br:V partlhn of it, ass, Te ultt:• 3or:tc rV5 and wtrrirnt pc!ssites. and,.C he utsd 10 me maa{mnm extent poLetb a wilier the law. l rya tlo istOrm ran pradtwed by ArA BCAwdrs 5108:492855 09-'05'2009 under Orthi Na1000929830 % vhkh srptres en 1 tfli2o08. end a net Jar resale. (30t047625$) User Notes. I . ' . • I-- § 10 The Surely hereby waives notice of any change, including changes of tune, to the Construction Contract or to related- subcontracts, purchase orders and other obligations. § 11 Na suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.23, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract. whichever of (1) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, § 12 Notice to the Surety, the Owner or the Contractor shall be nailed or delivered to the address shown an the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished. shalt be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction vas to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herald: The intent is that this Bond shall be construed as a statetory bond and not as a common law bnti. §14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall pfainptly furnish a copy of tltiS Bond or shall permit a copy to be trade. 45 DEFINITIONs § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, mated ass or equipment for use in the performance of the Contract.. The intent of this Bond Shall be to include without limitation in the terms 'labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engirtcering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all outer items for which a mechanic's lien may be asserted in the jurisdiction where the labor. materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms Thereof § 1S MODIRCAT1ONS TO THIS BOND ARE AS FOLLOWS: (Space it provided below for additional signatures of added parties~ other than !hate appearing on the corer page.) CONTRACTOR AS PRINCIPAL SUREf4 Company: (Corporate Seat) . Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AtA Document A312--1984. Copyrlght0 I984 by TheAruericar k ail rte of Archit&n. AI rights reserved, WM 1G- tbttAle' D4aYmCti Is rrotectetf by U.S. CA . rilet'd Law Sat lrterti tteost rrorx.�ns. Utmns', izod repsoduerrar, er u't`7:rFAleF: at ho /ttA4ccump.+t1. or arw perttort r r �t, •Y.hy ICSIFIt if. 7 severe cl.4r oa, crtrsinno penartlsv, �'.c wit be prasct'trtrx: mite mwtllnwe exteae possible Inner its 3r.. This document was produced by AIA software at06;4828 on t?mtotc008 under Order No. 100[1329630_1 with expires on 11 rzaota. and is not for resale. Uses Not: t30504762a ', KINCCON-04 FASC ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE 9/16/2008 (MMIDDIYYYYI PRODUCER (501) 377-2300 Stephens Insurance, LLC 111 Center Street, Suite 1400 Little Rock, AR 72201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Kinco Constructors, LLC 12600 Lawson Road Little Rock, AR 72210 INSURER A: National Fire Insurance Company INSURER B: Continental Casualty Company INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I t{flI POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLIE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurence $ 100,000 A X COMMERCIAL GENERAL LIABILITY U2049413141 1!1/2008 1/1/2009 MED EXP (Any one person) $ 5,000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY X PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BAU2049413155 1/1/2008 1/1/2009 (Eaaccident) X BODILY INJURY $ ALL OWNED AUTOS X (Per person) SCHEDULED AUTOS X BODILY INJURY $ HIRED AUTOS (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 B ❑CLAIMS CUP2054192752 1/112008 1/112009 AGGREGATE $ 10,000,000 OCCUR MADE $ DEDUCTIBLE $ X RETENTION $ 10,000 $ X WG STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER 500,00 A EMPLOYERSLIABILITY C2067541913 1/1/2008 111/2009 E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 if yyes, descrlbe under E.L DISEASE - POLICY LIMIT S 1,000,000 SPECIAL PROVISIONS below OTHER B InstallationiBuilders Risk U 2024947994 1/1/2008 1/1/2009 Per Location $5,000,00 B Installation/Builders Risk U 2024947994 1/1/2008 1/1/2009 Transit & Off -Site $150,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Fayetteville District Court and Prosecutor Facility - $3,375,500 amount. The City of Fayetteville, AR and Wilson Estes Police Architects, Subchapter $ Corporation, are additional insured as required by written contract. FICATE City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 P.d of -5i li%1g1D INS (n5 COVERAGES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIUD 1 LIMITS EACH OCCURRENCE $ GENERAL LIABILITY S COMMERCIAL GENERAL LIABILITY PREMISES Ea oatnenre CLAIMS MADE LIOCCUR MED EXP (Any one person) S PERSONALS ADV INJURY S GENERAL AGGREGATE S PRODUCTS - COMPIOP AGO S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY flJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT [Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY (Per ecdaenq NON.OWNEDAUTOS PROPERTY DAMAGE (Per aorJdent) AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY EA ACC f ANY AUTO OTHER THAN AUTO ONLY: AGO $ EACH OCCURRENCE $ EXCESSIUMBRELLA LIABILITY OCCUR LI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ TORY LIMITS ER WORKERS COMPENSATION AND E.L. EACH ACCtgENT S EMPLOYERS' LIABILITY ANY PROPRIETORIPARTHERfEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUAED7 E.L. DISEASE -POLICY LIMIT f If yes, describe under SPECIAL PROVISIONS below OTHER CPP0874688 09/01/08 09/01/09 Limit $500,000 A installation Floater DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT? SPECIAL PROVISIONS direct physical loss Coverage is for stored material and is for risk of subject to policy conditions and exclusions. $500 Deductible RE: Fayetteville District Court $18,000 CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPEItATTON KZ23C0— 4 ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN DATE THEREOF, THE TO THE LEFT, BUT FAILURE TO 00 SO SHALL NOTICE TO THE CERTIFICATE HOLDER NAMED IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Kinco Constructors, LLC REPRESENTATIVES. 12600 Lawson Road AUTµ D REPRESENT TLVE Little Rock AR 72210 ® ACORD CORPORATION 1985 ACORD 25 (2001108) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE A MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRRODL(..� ..............� POLICY NUMBER DATE (MMN01YYjI DATE (MMIDD!`!Y) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GENL AGGREGATE LIMIT APPLIES PER: POLICY flEPRO• LOG C7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER A Installation CPP0874688 09/01/08 09/01/05 Floater DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Coverage is for stored material and is for risk of direct physical subject to policy conditions and exclusions. $500 Deductible RE: Fayetteville District Court $18,000 :D. NOTWITHSTANDING AY BE ISSUED OR :ONDITIONS OF SUCH LIMITS EACH OCCURRENCE $ PREMISES Ea ocwrenoe MED ESOP (Arry one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE S PRODUCTS - COMP/OF AGG S COMBINED SINGLE LIMIT $ (Ea acddent) BODILY INJURY $ (Per person) BODILY INJURY .$ (Per acddent) PROPERTY DAMAGE $ (Per accident} AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S. $ AUTO ONLY: AGG EACH OCCURRENCE $ AGGREGATE $ S s $ TORY LIMITS I E.L. EACH ACCIDENT S E,L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Limit $500,000 loss CERTIFICATE HOLDER CANCELLATION - KINCO-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Kinco Constructors, LLC REPRESENTATIVES. 12600 Lawson Road AUTH 0REPRESENT TIVE Little Rock AR 72210 © ACORD CORPORATION 7988 ACORD 25 (2001108) Lynn Hyke Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts City Council Meeting Date Buidling Services Division Action Required: Building Services Department Approval of a change order to the contract with Kinco for additional work provided through the pre -construction jphase of the LEED Court Building Project. Cost of this change order is $55,131.00 $ 55,131 Cost of this request 4470.9470.5314.03 Account Number 04008.0801 Project Number Budgeted Item XX $ 3,706,605 District Court/Prosecutor Facility Category 1 Project Budget $ 3,171, 570 Funds Used/Encumbered to Date $ 442,838 Remaining Balance Budget Adjustment Attached Q Dep meet Director Date Program Category / Project Name District Court Program / Project Category Name Sales Tax Cap. Improvement Fund Name Previous Ordinance or Resolution # Original Contract Date: 11/7/2006 Original Contract Number: 1055 ate City Attorney Received in City Clerk's Office .P 0. 3-5- .3 ina ce and al Service Director Date Ct.r._ 3 S d5 Received in Mayor's Office fR wC aF Al ate 1 SOUTHERN REPROGRAPHICS, INCORPORATED To: Delivery Receipt Date: 9L (77O9 Address: ' nom- " Job Name: -F ❑ Disk Mats ❑ Prints Received By. CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager Date: Wednesday, March 04, 2009 Subject: Approval of a change order with Kinco Contractors for $55,131.00 RECOMMENDATION I recommend approval of a change order to the contract with Kinco Contractors for additions to the scope of work during the pre -construction phase. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building. in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. Since that time, there have been a number of changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. DISCUSSION The additional services were mostly due to utility relocation costs and poor soils. Construction of the building is underway and this change order reflects the costs known to belong in the pre - construction phase. The architectural firm hired to design the building concurs with the additional costs. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg. CO memo 03042009.doc Kinco Constructors, LLC 3803 KELLEY AVE Kinco SPRINGDALE AR 72762 constructors uc Phone: 479-751-8606 FAX: 479-751-5659 TRANSMITTAL FORM To: Date: March 4, 2009 PEGGY BELL CITY OF FAYETTEVILLE 113W. MOUNTAIN FAYETTEVILLE, AR 72701 Phone: 479-575-8241 Fax Number: Project: FAYETTEVILLE DISTRICT COURT 140 WEST ROCK FAYETTEVILLE, AR 72701 JOB NO: NW0809 FAYETTEVILLE DISTRICT COURT Forwarded herewith/under separate cover the following: DESCRIPTION THREE ORIGINAL COPIES OF CHANGE ORDER #1 Remarks: Kinco and Wilson Estes will both need one copy of these originals. Copies: inco Constructors, LLC D ELLINGSON MANAGER TMj�_=AIADocument G701 - 2001 Change Order PROJECT (Name and address): Fayetteville District Court & Prosecutor Facility Fayetteville Arkansas TO CONTRACTOR (Name and address): Kinco Constructors, LLC 3803 Kelley Avenue Springdale, Arkansas 72762 CHANGE ORDER NUMBER: 001 DATE: February 24.2009 ARCHITECT'S PROJECT NUMBER: 0512 CONTRACT DATE: October 21.2008 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, arty undisputed amount attributable to previously executed Construction Change Directives) Change Order No I is is to resolve Change Order Requests 1-8 and Claim Request No. I Submitted by the Contractor. An itemized list of these requests follows below and all supporting documentation is attached. FIELD: OTHER: ❑ Change Order Request No I - Relocation costs for moving an existing AT&T utility pole that was on site. Change Order Request No 2 - Costs associated with relocating the emergency generator. Change Order Request No 3 - Closed Change Order Request No 4 - pending, not to be resolved under this change order Change Order Request No 5 - Reconciliation for Value Engineer - Addendum No 4 Change Order Request No 6 - Resolution of unfor:seen conditions - Unsuitable soils Change Order Request No 7 - Deletion of Mechanical Louver Change Order Request No 8 - Additional cost for using flowable fill on East footings to expedite construction. Claim Request No I - Resolution of the Contractors claim, that uti ' rglocatestl y ide their scope of work" caused delay in their construction schedule. -1.,,4, The original Contract Sum was h/// X00 ,a $ 3,372,500.00 The net change by previously authorized Change Orders `�\y� a\� w $ 0.00 The Contract Sum prior to this Change Order was $ 3.372.500.00 The Contract Sum will be increased by this Change Order i 1e am q lo� 1� $ 55,131.00 The new Contract Sum including this Change Order will be c-.O�r\Q $ 3,427,631.00 The Contract Time will be increased by Forty Three (43 ) da The date of Substantial Completion as of the date of this Chang rd r.,. , r�� ember 23. 2009 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wilson .Estes Police Architects ARCHITECT (Finn nature) 5799 Broadmoor. Suite 520. Mission. Kansas 66202 ADDRESS BY (Signature) Mali Vcasman. Proicct Manager (Typed name) �131Qg DATE Kinco Constructors. LLC City of Fayetteville CONTRACTOR (Finn name) OWNER (Finn name) 3803 Kelley Avenue, Springdale, 113 W. Mountain Street, Fayetteville, Arkansas 72762 Arkansas 72791 AD R t1c? ADDRE55 BY {Signa/%/Qs ture) BY (SiglidFu e) Marc Dillard (Typedn) A- q DATE Lioneld Jordan (Typed name) DATE AtA Document G701 —2001. Copyright ® 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:38:06 on 03103/2009 under Order No.1000374840_1 which expires on 11!7!2009, and is not for resale. User Notes: (2869517727) Kinco Constructors, LLC 15617 Chenal Parkway Little Rock, AR 72211 Phone (501) 225-7606 Fax (501) 225-1028 Date: "Building Excellence" 3803 Kelley Avenue Springdale, AR 72762 Phone (501) 751-8606 Fax (501) 751-5659 CHANGE ORDER REQUEST December 11, 2008 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. I - Revised 2/9/09 Description of Proposed Change: Installation of approximatly 300' of 3" conduit for AT&T per item #2 in Meeting Minutes dated 12/2/08. The total cost of this proposal is as follows: 1. Labor........................................... 2. Labor Burden................................. 3. Materials ...................................... 5. Subcontracts.................................. 6. Subtotal (add linesl, 2, 3, 4, & 5)......... 7. Insurance and Bond 1.1%............ 8. Fee 5 % on Subcontract Work............. 9. Fee 7 % on Labor and Material .............. 10. Modification Total...................... Should you have any questions or comments, please feel fee to call. Sin ly, 7 David R. Ellingson Kinco Constructors, LLC. Cc: File Date: Accepted: $ 360.00 $ 140.40 $ 5,019.00 $ 2,975.00 $ 8,494.40 $ 93.44 $ 148.75 $ 386.36 $ 9,123 0 Ni±± H±H+H C O o O U II) N- CV -Q Q. CJ O) .. N _' �. cv v 14) - I—. O m N m n00OD w o cQQQQp N O 0 O N N -04 0 O r ,. N O (U ccv OO a) o C) F- .� rovvv0 U = (N (N ao ry zi O G) V) - -: ow) C ° m C ._. U) a) a) a) OW w0 U U O. CA o U U d© V En N C a) i9 N ate) M In ( .O A N c6 c OO ax) = d c) U g 2 0 0 a m C >, N •') N O a) N Q to a Q QQ❑aoUQ U)-JU)V)M nu LL Y 0 rn c13 a. David Ellingson w��w nnn.ni� -r0m: Joey - Dyer Electric,lnc. [jpolley@cox.net] .ent: Wednesday, December 10, 2008 1:42 PM To: david Ellingson Subject:. Revised Pricing Revised price for AT&T 3" conduit. Changed from 420'to to 300. $ 2,975 * Any cutting / patching of asphalt or concrete to be by G.C. * Any boring ( if necessary ) to be by G.C. * All disposal of any concrete or asphalt to be by G.C. * Any backfill or compaction of ditches to be by G.C. * Any required " traffic control " to be by G.C. Thanks, Joey - Dyer Electric, Inc. 514W LO TT%X11 G- - '�• ��y �• / [ � rte• ��-• . :q.. �.� k f 1- J. f i-d AL °fir• . r +' ' + •� /1 4 / - / / s +� i �� . . ��a �y y�/y� yyyY��ry�Yq. � a.�+y. �7•'F'�`�•4,�w +.'� 1" #'•,• - , .; .•N� �jy��:•�L4..J4•LrS�lY.n3JC51(��p, �•%.'�'�`"'4..�� .�+� �f•� ryY��+rR ��JJJ ',• pR /'+C� ,rr.�•� ,,� �j�;�� YW.. • ii�� _ •� r # #ii f T, o if n II y c:b C /:iIIi- �eG�'n Div 3As� LIIIEIEIIIJ ti ak iiIEI\ G- 1 LF c* A frf14LT •17ftTtk4 __ +r!h•�Y.'M1,•�T —.'i h , -: ?' $4 a.ii, ;••,••' ''`•, '�' • re, r. yr ;,, rr+}•i: iI ..4p4'ti+• K•�ai ••..•C Av U." '9[�.•• LRo-f•. =•y-"/•.4'• '!: s'y�tT. .' I •�,. n ,� r.-' ' a f„,T 47� ..,• :nwf�`'tiiw ...+�p.,Yi �'`a :; j ,`+•' A. - • !• � 1 '•ti r - .'r +ti':;.k',3R '" s ' y ,.i,s,�s�_� ��yp iw+ may..: -mss r" ..''r � , � • .,+ •.�. 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'•. .' • ':: :. �+�''�� Vii} „ '•;+ '• _ �•'::, it r /��iY�...i r!'eti's:'. ,.,„-i'f+:,�':.yr'::']:'r- ..•:}:n', �•iT• .:`:!- E�'`k_i!��S.: f•1°,4 �� t� rr _..,rS LS X Z � S `ti,aE _ 137, -5 sF "C 'j5LF x Z.5' wiiDE i1Z•5 sF Zoo sF Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Springdale, AR 72762 Phone (501) 225-7606 Phone (501) 751-8606 Fax (501) 225-1028 Fax (501) 751-5659 CHANGE ORDER REQUEST Date: December 11, 2008 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 2 - Revised 2/16/09 Description of Proposed Change: Generator and Site Utility relocation. Per attached Work Change Proposal Request #1, sketch lableled Attachement "B" and a -mails labeled Attachment "C" and "D". The total cost of this proposal is as follows: 1. Labor ...........................................$ $ 90.00 2. Labor Burden .................................$ $ 35.00 3. Materials ...................................... $ 416.00 5. Subcontracts ..................................$ $ 2,168.00 6. Subtotal (add lines!, 2, 3, 4, & 5)......... $ 2,709.00 7. Insurance and Bond 1.1% $ 29.80 8. Fee 5 % on Subcontract Work ............. $ 108.40 9. Fee 7 % on Labor and Material .............. $ 37.87 10. Modification Total ................................$ $ 2,885 Should you have any questions or comments, please feel fee to call. icere ti David R. Ellingson Kinco Constructors, LLC. Date: Cc: File Accepted: O OOO O.O V vOOO;O) ' O 0 0 r q: 0O O JoD (D06 O)60O)O)O)mt` 6 (0 < (D O I*- 6) CO Co M O- N CO O Co M F r r N CO F'- N r: cc Q c N N N N N ! O cc c o c' co .1 QN N N F U c O O O U S] O N O N N `�. M' 't o 3 m T) m u�OooO 0OO OOO �U c'icoouio O U) N r W N W U) O Q • . O 1f) LC) O fYC N O) CO i i i (N- O '-F m � OO 3 W O O 5 _V OO N (9 U. V' C] . r r - W , ' a O 3 d U O ti Q a t O C) O " U o ��11 V C ILl o U U �N N (n N W O O N O U o C n, D C >c p o o la Y (D ❑¢❑mU¢ cnJcncnmcnLLLL Page 1 of 1 David Ellingson To... Cc... Bcc... Subject: FW: District Court - Architect Comments Attachments: From: Joey - Dyer Electric,Inc. [mailto:jpolley@cox.net] Sent: Mon 2/16/2009 3:00 PM To: David Ellingson Subject: Re: District Court - Architect Comments David, In reviewing, I am sending you revised pricing in reguard to PR # 1 ( 12-04-08). I have reviewed notes as per Arch. and revised price accordingly. Oversite on my part - not certain of original amount of Data conduits at alley area???????? Items per PR # 1: * 1" conduit and wire ( power to D -Mark building ) * 2 - proposed junction boxes for re-routing of Data conduits * 1 - pro osed 4" conduit from J -box location out to Rock Street $ 2,168 ( material and labor) * * Original proposal: $ 5,277 Thanks, Joey �Wj LAS- ��-� GUT 1- VAT u/ pi�, n DI CE ShIv R5 � �YE1, pQ As BEEN ors 71� 15 }-ANC E o '� R, http ://kincosvr0 1/exchanRe/de11 inprson/Drafts/F W:%20District%20Court%20-%20Architec... 2/16/2009 Kinco Constructors, LLC 15617 Chenal Parkway Little Rock, AR 72211 Phone (501) 225-7606 Fax (501) 225-1028 Date: "Building Excellence" 3803 Kelley Avenue Springdale, AR 72762 Phone (479)751-8606. Fax.(479) 751-5659 CHANGE ORDER REQUEST February 3, 2009 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 5 Description of Proposed Change: - Reconciliation Change Order for clarifications in Addendum #4 dated 12/23/08, in comparison to value engineering done in "Exhibit C" in the contract. The total cost of this proposal is as follows: I. Labor ............................................$ $ - 2. Labor Burden .................................$ $ - 3. Materials ...................................... $ 4. Subcontracts ...................................$ $ 4,961.00 5. Subtotal (add lines/, 2, 3, & 4)............ $ 4,961.00 6. Insurance and Bond 1.1% ................... $ 54.57 7. Fee 5%....................................$ 248.05 8. Change Order Total..... - - - • ....................... $ 5,264 Should you have any questions or comments, please feel fee to call. Since , David R. Ellingson Kinco Constructors, LLC, Mobile: 479-263-3352 Cc: File Date: Accepted: SECTION 00913 ADDENDUM NUMBER 4 PARTICULARS 1.01 DATE: December 23, 2008 1.02 PROJECT: Fayetteville District Court facility 1.03 PROJECT NUMBER: 0512 1.04 OWNER: City of Fayetteville, Arkansas 1.05 ARCHITECT: Wilson Estes Police Architects TO: KINCO CONSTRUCTORS, LLC 2.01 This Addendum forms a part of the Contract Documents and modifies the Bidding Documents dated September 8th, 2008, and Addendum Numbers 1,2,and 3 issued September 23rd, 24th and October 20th, with amendments -and additions noted below. 2.02 This Addendum consists of 4 page and the following Drawings: A. REFERENCES MADE TO SPECIFICATIONS AND DRAWINGS SHALL BE USED AS A GUIDE ONLY. WHEN SPECIFICATION SECTIONS OR DRAWINGS ARE ISSUED, CHANGES MADE IN SPECIFICATIONS OR ON DRAWINGS WiLL TAKE PRECEDENCE OVER NARRATIVE EXPLANATION CONTRAINED HEREIN. CONTRACTOR SHALL DETERMINE FOR THEMSELVES THE WORK AFFECTED BY ADDENDUM ITEMS. B. THIS ADDENDUM CONSISTS OF 4 PAGE(S), PLUS ATTACHMENTS INDICATED BELOW. SPECIFICATION SECTIONS AND DRAWINGS ARE NOT ATTACHED UNLESS SPECIFICALLY INDICATED IN THE ATTACHMENT LIST................ 2.03 ATTACHMENT LIST A. Section 07540 - Thermoplastic Membrane Roofing B. Section 08800 - Glazing C. A201- First Floor Plan D. A401 - Exterior Elevations E. A511 - Wall Sections F. A512 - Wall Sections G. A521 - Section Details H. A522 - Section Details I. A821 - Glazing and Door Details J. S000 - General Notes K. S100 - Foundation Plan L. S200 - Roof Framing Plan M. S300 - Upper Roof Framing Plan N. S400 - Foundation details O. S500 - Framing details 0512 1 FAYETTEVILLE DISTRICT COURT 00913 - 1 ADDENDUM NUMBER 4 2.04 GENERAL PROJECT INFORMATION A. Structural changes are significant a narrative is not provided. All changes are reflected on the attached drawings and should b referenced to determine changes to the construction documents B. Handrail system at front entryway is peding additional design, Value engineering understanding is that this rail is to be a painted rail in lieu of Stainless steel in design 2.05 ADDITIONS TO THE CONSTRUCTION MANUAL A. ADD THE FOLLOWING SPECIFICATIONS SECTIONS: 1. Section 07540 - Thermoplastic Membrane Roofing 2.06 DELETIONS FROM THE PROJECT MANUAL A. REMOVE THE FOLLOWING SPECIFICATION SECTIONS 1. Section 07530 - Elastomeric Membrane Roofing 2. Section 14427 - Wheelchair Lift 2.07 CHANGES TO THE PROJECT MANUAL A. ARCHITECTURAL 1. Section 04810 - Unit Masonry Assemblies a. REVISE - Brick selection from Glen Gary - maroon colonial to Acme Brick BL -3 2. Section 05586 - Column Covers a. ADD - Gordon N -Gage system as an approved product. 3. Section 07260 - Weather Barriers a. ADD - BASF Hydrocide 600 as an acceptable product 4. Section 07431 - Metal Composite Material wall panels • a. REVISE - 2.02 Wall Panel System, section A subparagraph 2 to read "Provide panel jointing with concealed fasteners and weatherseal using sealant. 5. Section 08800 - Glazing - 2.03 Flat Glass Materials a. REVISE - Section B subparagraph I to allow Sungate 500 low -e as an acceptable product b. REVISE - Section C subparagraph I to allow Versalux Grey R as an acceptable product 6. Section 10160 - Metal Toilet Compartments a. REVISE - 2.02 Materials 1) ADD - Steel sheet: Hot dipped galvanized steel sheet, ASTM A 6531A 653M, with G901Z275 coating b. REVISE - 2.03 Components 1) REVISE - Toilet Compartments: Stainlesssteeland Baked Enamelled, floor mounted headrail-braced as indicated in schedule 2) REVISE - Urinal Screens: Stainless steel and baked enamelled as indicate in schedule c. REVISE - 2.05 Finishing 1) ADD - Baked enamel steel compartments: Clean, degrease and neutralize. Follow immediately with a phosphatizing treatment, prime coat and two finish coats baked enamel d. REVISE - 3.05 - Schedules 1) A- Women's Restroom 1059 and Men's restroom 1061: Toilet partitions to be stainless steel finish 2) B -Women's Restroom 1025 and Men's Restroom 1024: Toilet partitions to be Baked Enamel B. MECHANICAL 1. Section 15851-2.08 0512 / FAYETTEVILLE DISTRICT COURT 00913 -2 ADDENDUM NUMBER 4 a, REVISE - All references to stainless steel drain pans shall be replaced with galvanized drain pans. C. PLUMBING 1. Section 15330 a. REVISE - Sprinkler system to be a solenoid valve type, in lieu of pre -action 2. Section 15330-2.04-A a. REVISE - any reference to a free standing fire department connection shall be replaced with a wall mounted unit 3. Section 15410-2.01 a. REVISE - cast iron roof drain piping to be PVC w/ fire blanket insulation as required by local codes 2.08 CHANGES TO DRAWINGS A. ARCHITECTURAL 1. General a. DELETE - all references to subgrade perimeter insulation from the drawings. This does not affect rigid insulation Placed within the brick cavity at.grade or subgrade locations. This does not affect rigid insulation installed as a protection board for dampproofing or other installation where the board is used for protection b. DELETE - Reference to all plant matter, structural soil and tree grates 2. Sheet L100 a. DELETE sheet in its entirety. Retain sheet for coordination purposes, contractor is responsible to coordinate their work with all work indicated on this sheet 3. Sheet A201 a. REVISE - window frame types b. REVISE - Window dimensions along Grid line 6 between grids B and E c. REVISE - Dimensions along Grid line 6 between grids 4 and 6 4. Sheet A401 a. REVISE - Exterior materials removing references to Architectural Precast and replacing with standard masonry 5. Sheet A821 a. REVISE - Door Type D to be 14ga metal door with 1'-0"x1'-0" security light b. REVISE - Window type "B1" to be Type "4" c. REVISE - Window Type "B1 to be Type "B2" d. ADD - frame cut marks to "Window types" to delineate different frame types e. ADD - A5/A821 Frame Detail f. ADD-G4/A821 B. ELECTRICAL 1. SHEET E101 a. DELETE - all electrical equipment, devices and labor costs associated with the handicap chair lift 2. SHEET E102 a. DELETE - all materials, equipment, and labor associated with the building ground ring and lightning protection system 3. SHEET E103 a. DELETE - this sheet in its entirety removing all, costs associated with the buildings lightning protection system from this project 4. SHEET E301 a. ADD - (63) Bodine B50 emergency units located in fluorescent fixtures in egress areas b. ADD - (6) Signtex CVR-75-LC-2-RT Concealed emergency units in courtroom and emergency charger units in all exit lights 5. SHEET E401 - Detail A - Electrical Riser Diagram 0512 / FAYETTEVILLE DISTRICT COURT 00913-3 ADDENDUM NUMBER 4 a. DELETE - Gen set, Automatic Transfer Switch and annunciator panel b. RETAIN - all conduit and routing to generator pad for future installation 6. SHEET E402 a. REVISE - Fixture A05 to be Columbia CH4-132 b. REVISE - Fixture C02 to be Prescolite LF6CFV32EB-6CFV-B24 c. REVISE - Fixture C04 to be Prescolite DBX-T1060C END OF SECTION - 05121 FAYETTEVILLE DISTRICT COURT 00913-4 ADDENDUM NUMBER 4 OO (V O 6 ?< w 4- U, J E 0) W O U U L U, ❑ Q% U, U LL Final Cost and Clarification Breakdown for Addendum #4 Based on 10/8/2008 VE List 1. Landscaping- Addendum matches VE intent. 2. Precast panels - a. Add structural sheathing and tie -downs in lieu of glassroc as bid. i. Glass Roc Savings- $(1,872.00) ii. Buy and install sheathing and tie -downs- $4,100.00 b. Add Brick Lintels. i. Add Lintels- $1,600.00 c. Furrout in front of windows with 3-5/8" 20GA wall. i. Cost for new walls- $3,557.00 d. Add 16GA Blocking at shear walls. i. Add blocking- $ 3,000.00 e. Delete One Type 2 window. i. Type 2 window- $(424.00) f. Kinco's Bid Changes. i. Structural allowance- $(5,000.00) ii. Caulking monies not used -$(2,500.00) Subtotal $2,461.00 3. Masonry- Addendum matches VE intent. 4. Metal Handrails- Addendum matches VE intent. 5. Metal Column Covers- Addendum matches VE intent. 6. Waterproofing- Addendum matches VE intent. 7. ACM Panels- Addendum matches VE intent. 8. Insulation- Addendum matches VE intent. 9. Roofing- Addendum matches VE intent. 10. Glass and Glazing glass change- Addendum matches VE intent. However we do want to note that the original specified glass and the VE glass both do not seem to meet the performance numbers called out in the specifications. 11. Glass and Glazing deletion of the talk around frames at hallways- Addendum matches VE intent. 12. Doors and Hardware- Addendum matches VE intent. 13. Toilet Partitions- Addendum matches VE intent. 14. Handicap Lift- Addendum matches VE intent. 15. Fire Sprinkler Fire Department Connection- Addendum matches VE intent. 16. Fire Sprinkler changes to Pre Action System- Addendum matches VE intent. 17. Mechanical- Addendum matches VE intent. 18. HVAC- Addendum matches VE intent. 19. Electrical Generator and ATS power Delete- Addendum matches VE intent. 20. Electrical Lighting Protection System Delete- Addendum matches VE intent. 21. Electrical Fixture Package Changes to Parabolic fixtures - a. Did not work with LEED requirements. i. $5,000.00 Subtotal $5,000.00 22. Electrical removal of daylight harvesting controls - a. Did not work with LEED requirements. i. $5,500.00 Subtotal $5,500.00 23. (NOT IN ORIGIONAL LIST) Changes in the electrical package to use an Alternate fixture package and add back emergency light as required. a. Change to fixtures and add new emergency lighting. i. $(8,000.00) Subtotal $(8,000.00) ADDITIONAL COST TO OWNER $ 4,961.00 Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Springdale, AR 72762 Phone (501) 225-7606 Phone (479) 751-8606 Fax (501) 225-1028 Fax (479) 751-5659 CHANGE ORDER REQUEST Date: February 12, 2009 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 6 Description of Proposed Change: Replacing unsuitable soils under slab. This Change Order will include an 18 day contract extension from 1/21/09 to 2/7/09. The total cost of this proposal is as follows: 1. Labor ...........................................$ $ - 2. Labor Burden .................................$ ...... $ - 3. Materials ...................................... $ - 4. Subcontracts ..................................$ $ 19,210.00 5. Subtotal (add lines!, 2, 3, & 4)............ $ 19,210.00 6. Insurance and Bond 1.1% ................... $ 211.31 7. Fee 5%...................................$ 971.07 8. Change Order Total ................................$ $ 20,392 Should you have any questions or comments, please feel fee to call. ely, David R. Ellingson Kinco Constructors, LLC. Mobile: 479-263-3352 Cc: File Date: Accepted: OBSERVER'S CONSTRUCTION REPORT Report No. #1 Date 2-209 Day of the Week Monday Project No FY093401 Project Name Fayetteville District Court Contractor/SubcontractorKinco Constructors,LLC WEATHER SITE CONDITIONS PERSONNEL EQUIP. WORKING WORKING -Sunny X Acceptable Laborers X X Trackhoe Partly Cloudy Partly Useable Carpenters Backhoe Rain Not Workable Cone. Workers Ditcher Rained Out Plumbers Scraper Comment: Operators X r Dozer Rainfall Amt. in Foreman X ^ Grader' Superintendent Roller Temp Min. F Survey Crew — Paver _ Pumps Temp Max. F ___ Conc. Vibrator DumpTruck Mat'l/Equip. Storage Hours Worked Good Bad A.M. to P.M. DESCRIPTION & LOCATION OF WORK IN PROGRESS (Also photos, tests, results, deficiencies, delays, etc.) A area was observed on the North East end of Building Pad .bT East to West, 42' North to South was probed and found ................................................................................................................................................................i ................................... to be unstable. And was asked to undercut 2'.S" additional to remove Organics, North West end a cdncrete slab need to be ......................................................................................................................................................-............... .......................................... removed also. ................................................•••••.............................................................. 67'x V Z' x 2. s' -- Z 7 2O.5.......Yb MATERIALS DELIVERED: INSTRUCTIONS & CONVERSATIONS (By name) . . . ._.......•••................................................................................................_.......................................................!...................................... VISITORS: Signed: -,_ Contractor Tech Time: 1.0 9i%, U OBSERVER'S CONSTRUCTION REPORT Report No. I Date 1-22-09 Day of the Week Thursday Project'No FY093401 Project Name Fayetteville District Court Contractor/Subcontractor Kinco Constrectors.LLC WEATHER SITE CONDITIONS PERSONNEL EQUIP. WORKING WORK.ING- X Sunny X Acceptable Laborers X.L X— Trackhoe Partly Cloudy Partly Useable Carpenters Backhoe Rain Not Worktable Conc. Workers Pitcher Rained Out Plumbers Scraper Comment: Operators X X Dozer Rainfall Amt.. in Foreman X Grader Superintendent X Roller Temp Min. F Survey Crew — Paver Pumps Temp Max. F _ Conc. Vibrator X Dump Truck Mat'l/Equip. Storage Hours Worked X Good Bad A.M. to P.M. DESCRIPTION & LOCATION OF WORK IN PROGRESS (Also photos, tests, results, deficiencies, delays, etc.) A proof roll was observed with a loaded Dump Truck on Building Pad Area 160' East to West. 132' North to South. Movement was found on far North Side in an area of 44' North to South,93' East to West. They werelasked to remove 2'.0" of material from a area 54' East to West and 1'.0" out the remaining 39' East to West . Movement was observed 12' South of the East existing building with an area of 31' North to South ,36' East to West and were asked to remove 1.0". And then follow with proof roll MATERIALS DELIVERED: INSTRUCTIONS & CONVERSATIONS (Ely name) ...31..I.................7 ................................................................4.Z.._.............. Y� ` ........z.` ...................2. ................. -...............,...1.176.....Y.. ........ ..... VISITORS: Signed: Contractor c land Con tin ngkneers, tnc. ech Twit: 1:5 XG K \\q 3nNInd H�nN� BOW d im 0 o J . TOitO'd 96SE ZLO 6l Z0 39dd . Sd33NIJN3 QNV-I-MO3W -- -• -rn rAA7 ('7 or II LS3I SON Q3N I)! tii : bt 6002-E2 - Ik'C It' 6Et't'6Lt' 0S :bt 6002/EZ/t0 :pania�aa OBSERVER'S CONSTRUCTION REPORT Report No. _I Date 1-20-09 Day of the Week Tuesday . Project JoFY0934OI Project Name _Fayetteville District Court Contractor/Subcontractor Kinco Constructors,LLC WEATHER SITE CONDITIONS PERSONNEL EQUIP. WORKING WORKING Sunny X Acceptable Laborers X X 'Traekhoe Partly Cloudy Partly Useable Carpenters X 1 Backhoe Rain Not Workable Conc. Workers _ ;Ditcher Rained Out Plumbers ^ Scraper Comment: Operators X X •_ Dozer Rainfall Amt. in Foreman X Superintendent X Grader X (Roller Temp Min, F Survey Crew _ !Paver Pumps Temp Max. F _Cone. Vibrator X IDumo Truck Mat'l/Equip. Storage Hours Worked X Good Bad 9:30 A.M, to 11:00 A.M. DESCRIPTION & LOCATION OF WORK IN PROGRESS (Also photos, tests, results, deficiencies, delays, etc.) ...................................................................................................................................................i....................................... A proof roll was done with a loaded Dump Truck on Building Pad Area .And movement was seen a 60' East to West, ................................................................................................................................................................:! 132` North to South on existing material Tan Brown Red Gray Silty Lean Clay. And they was asked1to remove 0.8" to P.0" ......................................................................................................................................................................:1.................................._.... on South portion , 0.4" to 0.6" on North portion and recheck with proof roll. ...............................................................................................................................................................I................_...................... ........................................................ T7.............................................................................................._.................. rE, o6s sF X 6t' 37Z .YD ............................... .............._1....................................... .................................11....................................................................................................................._...1....................................... MATERIALS DELIVERED:. INSTRUCTIONS & CONVERSATIONS (By name) ............................................................................................................................................................................................................... ..........................................................................._............................................................................................................. ................................................................................................................................. ......... ........i....................................... ..............................................................................................................._....................................................1..... ............................. VISITORS: Signed: Contractor McClelland Consulting Engineers; Inc. Tech Time: 1.5 9G,&. . Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Springdale, AR 72762 Phone (501) 225-7606 Phone (501) 751-8606 Fax (501) 225-1028 Fax (501) 751-5659 CHANGE ORDER REQUEST Date: December I l , 2008 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No, NW0809 Change Order Request No. 7 Description of Proposed Change: Proposal Request #2 The total cost of this proposal is as follows: 1. Labor ...........................................$ $ (50.00) 2. Labor Burden .................................$ $ (19.50) 3. Materials ...................................... $ (785.00) 5. Subcontracts ..................................$ $ - 10. Modification Total ................................$ $ (855) Should you have any questions or comments, please feel fee to call. erely, g. David R. Ellingson Kinco Constructors, LLC. Date: Cc: File Accepted: iAIA Document G709Th- .201 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 002 Fayetteville District Court & Prosecutor Facility •Fayetteville Arkansas DATE OF ISSUANCE: lieb`ruary 10, 2009 OWNER (Nance and address): City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 FROM ARCHITECT (Name and address): Wilson Estes Police Architects 5799 Broadmoor Suite 520 Mission, Kansas 66202 TO CONTRACTOR (Name and address): Kinco Constructors, LLC 3803 Kelley Avenue Springdale, .Arkansas 72762 CONTRACT FOR: General Construction CONTRACT DATE: November 10, 2008 ' 8 ARCHITECT'S PROJECT NUMBER: 0512 OWNER; ARCHITECT: CONSULTANT:. CONTRACTOR: FIELD: OTHER: O Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Ten ( 10) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Remove mechanical louver from the East face of the building. Provide credit pricing for.louver, steel lintel, and associated labor for installation ATTACHMENTS (List atrached documents that support description): REQUESTED BY THE ARCHITECT: Matt Veasman . Project manager (Signature) (Printed ramie and title) AIA Ooeument G709*'t — 2001. Copyright W 1993 and 2001 by The American Institute of Arct:itects. All rights reserved. WARNING: This AIAC Document is .protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of It, .may result In severe civil' and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by ALA software at 09:28:19 on 0211012009 under Order No.100037484Q 1 which expires an 11/7/2009, and Is not for resale - User Notes: 191729760) Received: 02/@9/2009 15:42 83076P-^74 �-- Construction Specialties Date: —'Q Feb 9 2009 02:48pm C/S GROUP PAGE 01 onstruction Specialties, Inc, 1107 Johnson Boulevard Oct Rio, TX 78840 I<el: (888) 775-5445 Pax: (830) 768-1674 ,wvw.c-sgroup.com Company: 4r 4 REF' # Ref: C/S# -£77S ; Project name: r _LJ//. 7/ jolt value S Produi�t : LV GRILLE SS VC Per our Conversation, you due to material no longer 1 Construction Specialties rE Please sign and return fax] cancellation of the open of Sign5ltre must be by Authc L,�� nt l#14� f if you have any questions, Please ref the C/S project Thank you, o�uGocen� Lori Gooden Customer Service Manager Construction Specialties, Inc. Del Rio, Texas Phone: (908) 849.4755 Fax: (830) 768-1674 www.c-sgroup.com REQUEST TO CANCEL -equest we cancel the open order referenced above squired and Project is complete. juires your signature below in order to cancel. ack to 830-768-1.674 , we will process the ier reed. r'7f Date : GC!PM I, , . Ccv►cJe# P4 'r?y— 71/— fo'06 ontact me direct @ 908 - 849- 4755, above. Kinco Constructors, LLC 15617 Chenal Parkway Little Rock, AR 72211 Phone (501) 225-7606 Fax (501) 225-1028 Date: "Building Excellence" 3803 Kelley Avenue Springdale, AR 72762 Phone (501) 751-8606 Fax (501) 751-5659 CHANGE ORDER REQUEST February 20, 2009 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 8 Description of Proposed Change: Change approximatly 133 linear feet of footing undercut backfill at column lines "H" and "4" from hillside material to flowable fill. See Attachment "A". The total cost of this proposal is as follows: 1. Labor ...........................................$ $ - 2. Labor Burden .................................$ $ - 3. Materials ...................................... $ 5,822.00 5. Subcontracts ...................................$ . $ - 10. Modification Total ................................$ $ 5,822 Should you have any questions or comments, please feel fee to call. Sin David R. Ellingson Kinco Constructors, LLC. Date: Cc: File Accepted: TOP OF BLAB ELEV. •O' -O• a 4• CONCRETE TLAB H!TH 6x6-NO.Ixt•QJ FWF. OVER 10 HIL POLY VAPOR BARRIER AND 4GLEAN AGGRL-GATE FILL. I � Q = I —1 — 4 A GI F& G2 }J.• IL -n k 'LI a5ET'LATL- NOL.EO SMALL BE PER LATEST ABO MANIAL AB2 BASEPLATE ND SCALE n ; C2-• 2 • 9AS'LTE HOL.E5 L SMALL PER LATEST A&, HAJ4IAL AB3 BASEPLATE No scALE ( 1 ) ANCHOR BOLT L1 J SCALE. 3/4' - I'-0' IS OF FOOTING SCHEDULE MARK 51ZE L x H x T14= REINFORGI (NO) 512E LIJGA' El 2'-6' x 2'{f' x 28' (3) x5 EH TOP 4 B F2 3'-6' x 3'-6'x28' (41 i5 eH TOP t B F3 4'-O'x 4'-0'x 2H' (4)45 EN TOP N B F4 5'-0' x 5'-0' x 28• (5) !15 Eli TOP & F5 2'-6' x 5'-0' x 12' 45 AT 9'x EH TOP t F& 5'-0' x 13'-0' x 28' 45 AT So EH TOP L F7 Z-6 x 2-6' x I2• (3) aS EH VOTT F8 3'-0' x 3'-0• x 12' (4) =5 BI 90TTm F4 9'-S x 3' b' x 12' (4) .5 FJ'I 50Th Fld 4-0' x 4'-Q x 1Y (5) s5 07 [30Th COLUMN 5CHEDUI MARK SIZE BASEPLATE Lx HxTIf ANCHOR (ND)DIAx GI H554 x 4 x V4 JO' x NY x 3/4' (4)3/4 G2 FGSE 5 x V4 11' x 11' x 5/4' (4) 3/4' G3 5 x 5/16 11' x IT' x 3/4' (4)S/4 G4 x6 x 3/16 rM:V�,4 SEE DETAIL SEE DE 05 x4x V4 OEE DETAIL SEEDS G& x 6 x V4 12' x t2' x 5/4' (4) 3/4' - ` I 131 CF x Fes` wlvE x 13' nEE = 3lL( C.E _ FOUNDATION PLAN NOTES 31 27MIARY.FDIOON W YLl1 11iE1 iFE NOTE / ;iY GY X J�O Ce> L ALL EXTEElOR YKALL FOO11 .5 A V COW-Il FO9Th4S SHALL. BEAR A MN1)4M OF 2'-0' BE17Yi FINISH GRAD♦=- ' 3T-0` / ! �{�J�y^ - �+ f 2. R TO5t,OFI� ARC-ElOOR Al�A5. DR.MVFYI� FOR EXACT wCATOI, OF ALL PX-612 -W Attu E S. REFER TO ARCMIFSTLRAL DRAHT ElS FOR VEEER C.OMROL J INf LOCATIONS M67 �.., D1FEN51pN,i- V PRAVTD✓= (2) •4,EY-0' COW BARS AT INTERIOR SLAB CORNS % AND AT TM END OF H C.ONFROL "UT TT MMATION5. 5. REFER To ARCHITECTURAL FLAN DRAMNSS FOR ADDITIONAL DIFENS1ON5 NOT SHOHK O6 SHEAR WALL: 5FEATH FITH 15132' 04900 STRUCTURAL PA'ElL EffATHING. ATTACH TO 57UL FRAHIN5 HITH i8 FLAT NCAD SELF -➢WILING TAPPIH& YJZFlhS Mr0 0 MNIM M Kinco Constructors, LLC Wilson Estes — Police Architects Matt Veasman 5799 Broadmoor, Suite 520 Mission, KS 66202 Phone (913)384-1115 Fax (913) 384-2292 RE: Fayetteville District Court Claim Request #01 --- Utility Relocation Delays Matt, 1/8/09 The Fayetteville District Court project required several utilities to be relocated before demolition on the main building could begin. Unfortunately, the utility relocation performed outside of the Kinco scope of work has caused substantial delays to Kinco's progress on the project. Kinco's original date to start demolition work was on December 1St 2008. (See Attachment #1) Demolition work actually was able to begin on January 6th 2009. (See Attachment #2 and Attachment #3) As stated in the job progress meeting on 12/2/08 and in an e-mail that same afternoon, Kinco had been acquiring an estimated $500/day in expenses related to the delay. (See Attachment #4) Kinco had rescheduled the demolition to start on December 17t1' 2008, but this milestone was also missed. (See Attachment #5) The utility relocation delays on the Fayetteville District Court project have delayed Kinco's construction schedule by 36 days, and Kinco has incurred an estimated $18,000 in costs related to being on -site 36 additional days. ely, ci *1 Jouro David R. Ellingson Kinco Constructors, LLC 75 da►l,5 + $1 Z. 5tX. USPS Z/l4/0437 E -mailed Cc File 3803 Kelley Avenue Phone 479-751-8606 FAX 479-751-5659 corn V C- •00 c •� d 0• C ,C t C lL p x � `o � I Y C G? � m _od a � � W a 2 O W aQ � 1 I I � i i � t I � Cl, a 10 a 0 0 a a a a a a a ca a via Co of m d�naaaaa m m o+ w d m o c� m w of �i CV N-- O h .` P7 N �- O 0) O r N 1, 1 toO O 00 CO — .- O a M , - N r r r s9- O N a N r- .- ..- a W a t+ 0 '(pi ar - �7 CS CS d O eg t O N lA d S r �" N Ni r N N• '- r N r N N N • 6 F Ii �+S �I� �I 1� Ql21� 2 d W L�:80 6002 8 Ue :pania098 eDb;TO 80 80 oaa Page 1 of I David Ellingson From: Lynn Hyke [Ihyke@ci.fayetteville.ar.us] Sent: Friday, January 02, 2009 2:36 PM To: bmichaels@kinco.net Cc; Peggy Bell; Robert Herwaldt; Sharon Crosson; Andrew Mincks; dellingson@kinco.net Subject: DMARK Bldg, Phones Lines Bob, I talked to Robert Herwaldt (Bob) and asked him about a update status on the last of the phone lines being transferred to Police building. He informed me they should be complete before noon on January 5, 2009. Thanks Lynn A. Hyke Construction Project Manager Ihyke@ci.fayetteville.ar.us (479) 601-1079 rtZ I.tl 1/6/2009 I'! a ^�� fz µ I i �f. �eFF F:y w N HO O i Ik! � o z 4Y y .d h � 0 � f O d ;a t r rage i of i David Ellingson From: Bob Michaels [bmichaels@kinco.net] Sent: Tuesday, January 06, 2009 2:24 PM To: David Ellingson Subject: FW: Fayetteville District Court - Schedule Delay Costs , Bob Michaels Superintendent Kinco Constructors LLC 3803 Kelley Ave. Springdale, Ar. 72762 Cell 479/263-0042 From: David Ellingson [mailto:dellingson@kinco.net] Sent: Tuesday, December 02, 2008 4:44 PM To: 'Hyke, Lynn' Cc: 'Matt Veasman'; 'Andrew Mincks'; 'Bob Michaels' Subject: Fayetteville District Court - Schedule Delay Costs Lynn, As mentioned in the meeting held this morning, Kinco is acquiring approximately $500/day in expenses related to delays from utility relocation. Utility relocation was scheduled to be completed by December 1St so building demolition work could begin. The delay costs will continue to accumulate until the building is ready to be demolished. I think the meeting went very well this morning, and with the implementation of the proposed ideas we should be able to mitigate the accumulation of schedule delay costs to a minimum. Respectfully, David R. Ellingson Project Manager - LEED'AP Kinco Constructors, LLC 3803 Kelley Ave. Springdale, AR 72762 Office: (479) 751-8606 Mobile: (479) 263-3352 Fax: (479) 751-5659 dellingson@kinco.net 1/6/2009 lage1011 David Ellingson From: Bob Michaels [bmichaels@kinco.net} Sent: Tuesday, January 06, 2009 2:23 PM To: David Ellingson Subject: FW: District Court - Schedule of Events Bob Michaels Superintendent Kinco Constructors LLC 3803 Kelley Ave. Springdale, Ar. 72762 Cell 479/263-0042 From: David Ellingson [mailto:dellingson@kinco.net] Sent: Monday, December 08, 20083:10 PM To: 'Hyke, Lynn' Cc: 'Andrew Mincks'; Bob Michaels'; 'Matt Veasman' Subject: District Court - Schedule of Events Lynn, I wanted to provide the City a list of dates and milestones that Kinco is scheduled to hit on the project in reference to utility relocation. -Currently - 911 can be relocated at any time. This relocation needs to be completed before December 17th -December 10th — 4" Conduits will be installed so City can transfer their data, phone and fiber from DMark Building. -December 11th — Shell building around DMark will be start to be disassembled. -December 15th — Relocation of Existing generator to new location in alley. -December 17th — Demolition will begin on main building. City needs to have all data, phone, and fiber relocated off of th existing building and relocated into the new conduits by this date, or the job will be delaye . Please contact me if you have any questions or concerns. Thanks, David R. Ellingson Project Manager - LEED AP Kinco Constructors, LLC 3803 Kelley Ave. T Springdale, AR 72762 Office: (479) 751-8606 Mobile: (479) 263-3352 Fax: (479) 781-5659 dellingson@lanco.net 1/6/2009 �3S City of Fayetteville Staff Review Form 3/91ocy City Council Agenda Items 46eM-r and Contracts, Leases or Agreements � a.3 NM A raa�5 City Council Meeting Date Agenda Items Only Lynn Hyke Building Services Building Services Submitted By Division Department ACtfon Kequirea: Agreement needs to be signed with AR Western Gas to relocate line for construction of the new LEED Court Buidling. The relocation will cost approximately $5178.41. $ 5,178.41 Cost of this request 4470.9470.5315.00 $ 3,940,762.00 Category / Project Budget $ 3,555,805.36 District Court Program Category / Project Name District Court LEED Bldg. Account Number Funds Used to Date Program / Project Category Name 04008.0801 $ 384,956.64 Sales Tax Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached P' ____revious Ordinance or Resolution # 192-08 e artment Dire for to - o � City Attorn Date OL.. R4o,��,.._, Original Contract Date: 0 Original Contract Number: 0 Received in City Clerk's Office Date Received in Mayor's Office 3-4 ate Revised January 15, 2009 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager Thru Paul Becker G Date: Monday, March 30, 2009 Subject: Approval of agreement with AR Western Gas to relocate line RECOMMENDATION I recommend that the City of Fayetteville enter into an agreement with AR Western Gas to pay them approximately $5178.41 to relocate an existing line. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building. in October 2008. Since that time, most of the utilities have been relocated in order to proceed with construction. DISCUSSION This additional service is to relocate the existing gas main. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg.AR Western Gas 03302009.doc ARKANSAS WESTERN GAS COMPANY UTILITY CONSTRUCTION/RELOCATION AGREEMENT Property Developer: City of Fayetteville Address: 113W Mountain StFayetteville, AR 72701 Job Location: Rock St THIS AGREEMENT, made and entered into this 9 day of March, 2007 nd between City of Fayetteville acting by and through its duly authorized representative, hereinafter referred o as the eveloper," and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter referred to as the "Owner." WITNESSETH: WHEREAS, the "Developer' proposes to make certain improvements at the location designation as shown above; and as part of the necessary work of such improvements, "Owner" must adjust or relocate certain of its existing facilities, and in connection with such adjustment, or relocation, "Developer' shall participate in the costs of such work to the extent herein agreed upon; and WHEREAS, the proposed improvement necessitates the adjustment and/or relocation of certain facilities of "Owner" as described in the following description of work. Relocate existing main due to proximity of footprint of the new District Courts Building. and such adjustment, relocation, or construction being shown in detail in "Owners" plans, sketches, estimate of cost, and specifications (when applicable) which are attached hereto and made a part hereof; and WHEREAS, the "Developer' desires to implement the herein described utility adjustments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner." NOW, THEREFORE, IT IS HEREBY AGREED: 1. Where applicable hereunder by reason of new utility occupancy or crossing of "Developer's" property, "Developer" hereby grants to "Owner" a right of way license and permission to install and operate utility facilities on or across "Developer's" properties as shown on the approved plans or sketch maps attached hereto and made a part hereof, and to execute such easements or right of way grants as may be necessary to evidence and record such right of "Owner." 2. Where applicable hereunder by reason of new construction on existing utility rights of way, "Owner' hereby grants to "Developer" the right to use for his purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Developer's" rights which were subsequently acquired in the same lands, and which property rights "Owner' shall retain so long as "Owner" (or "Owner's" successors or assigns) continues such use and occupancy and does not abandon, and thereby release, such property interest to "Developer" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Developer" hereby agrees that "Owner," by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for adjustment cost as may be eligible for reimbursement by reason of such prior property interest, nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the United States. 3. In the event that future construction, reconstruction, expansion, relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Developer" or the "Owner" in the area jointly occupied or used under either or both the above provisions of this Agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in the property of the "Developer" or the "Owner," either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable. 4. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be started, and shall keep the "Developer" informed of progress and activity related to the work being performed, and shall furnish written notice when the work is completed. 5. "Developer" agrees that the cost of the utility adjustment and/or construction provided for hereunder shall be paid to "Owner" as follows: "Owner" agrees that "Developer" will only pay actual cost of adjustment should actual cost be less than 5178.41. If actual cost exceeds $5178.41, the "Developer' will pay only Actual Cost. 6. "Owner' shall accept as full payment for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with "Owner's" accounting procedure, which is the Uniform System of Accounts prescribed by the Arkansas Public Service Commission. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than one (1) year from the date of final payment. 7. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Developer" harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under this Agreement; and "Owner" shall, in completing said work, perform clean up and restoration of appearances of the work area including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. 8. If requested by "Owner" in writing, "Developer" shall make intermediate progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for periodic and unpaid costs, provided the herein estimated reimbursable amount if $2,000.00 or more, and that no such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 9. "Owner" shall, within six (6) months after completion of the adjustment and acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed complete (including intermediate billings, if any) and final bill in two (2) copies and covering the total cost for the adjustment of "Owners" facilities. 10. The "Developer," upon receiving from "Owner" the final billing documents complete as listed next above, shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein. "Developer" shall pay "Owner" within thirty (30) days after such billing documents are received. If "Developer" fails to pay within said time, the amount due shall bear interest at the maximum allowable rate until paid. "Developer" shall have the right to inspect and audit the books of account of "Owner" during normal business hours of "Owner" at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to refund any and all amounts paid in payments found in the audit to exceed the total amount eligible for work hereunder. 11. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to relative property rights, right of way occupancy permission, access for servicing when applicable and joint use of rights of way shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal representatives, successors or assigns. 12. Anything contained herein notwithstanding, if requested by "Owner" in writing, "Developer" shall make an advance payment not to exceed one hundred percent (100%) of eligible billed costs for work to be performed upon receipt of statements in two (2) copies for estimated costs. No such advance payment shall be construed as final settlement for any item included in any billing. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the date first hereinabove written. "OWNER" "DEVELOPER" ARKANSAS WESTERN GAS COMPANY Its: Vice President Attest: Its: Secretary Its: Attest: (If Corporation) Witness: (If Individual or Partnership) 2 Page 1 of 1 Clarice Pearman - AWG From: Clarice Pearman To: Hyke, Lynn Date: 3.31.09 4:36 PM Subject: AWG Lynn: I received your staff review item back regarding a Arkansas Western Gas agreement. Do you have a signed agreement from AWG? Please let me know. Have a good evening. Thanks. Clarice file :1/C : \Documents%20and%20 Setting s\cpearman.000\Local%20 S ettings\Temp\XPgrpwi se\49D2469AF... 3.31.09 Page 1 of I Clarice Pearman - Re: AWG From: Lynn Hyke To: Clarice Pearman; Peggy Bell Date: 4.2.09 9:38 AM Subject: Re: AWG Clarice, When Arkansas Western Gas left the agreements there where non signed. They expected us to sign it before they did. They said they would give us a original back after they signed it. Thanks Lynn A. Hyke Construction Project Manager ihyke@cr,fay_etteyill .anus (479) 601-1079 >>> Clarice Pearman 3/31/2009 4:36 PM >>> Lynn: I received your staff review item back regarding a Arkansas Western Gas agreement. Do you have a signed agreement from AWG? Please let me know. Have a good evening. Thanks. Clarice file ://C:IDocuments%20and%20Settingslcpearman.0001Local%20Settin¢,s\Temp\XParpwise\49D4879EFA... 4.2.09 Page 1 of 1 Clarice Pearman - Re: AWG From: Clarice Pearman To: Hyke, Lynn Date: 4.2.09 12:19 PM Subject: Re: AWG Lynn: I talked with Sondra in regards to getting the mayor's signature first. she said if you can assure her that we get an original signed agreement back and get the date 9th day of March, 2007 changed on the agreement to April 2009 she has agreed to have it signed by the mayor first. Please let me know getting a corrected agreement. Thanks. Have a good day. Clarice From: Lynn Hyke To: Clarice Pearman; Peggy Bell Date: 4.2.09 9:38 AM Subject: Re: AWG Clarice, When Arkansas Western Gas left the agreements there where non signed They said they would give us a original back after they signed it. Thanks Lynn A. Hyke Construction Project Manager lh ke ci.fa etteville.ar.us (479) 601-1079 They expected us to sign it before they did. >>> Clarice Pearman 3/31/2009 4:36 PM >>> Lynn: I received your staff review item back regarding a Arkansas Western Gas agreement. Do you have a signed agreement from AWG? Please let me know. Have a good evening. Thanks. Clarice file ://C:1Documents%20and%20Settinas\cpearman.0001Local%20Settin¢s\Temp\XPprpwise\49D4AD5AF... 4 '.09 Page 1 of I Clarice Pearman - Re: AWG From: Lynn Hyke To: Clarice Pearman Date: 4.3.09 8:52 AM Subject: Re: AWG Clarice, I will get a new contract with the correct date of April 2009, I missed that detail. Thanks Lynn A. Hyke Construction Project Manager Ihyke@ci.fayetteville.ar.us (479) 601-1079 >>> Clarice Pearman 4/2/2009 12:19 PM >>> Lynn: I talked with Sondra in regards to getting the mayor's signature first. she said if you can assure her that we get an original signed agreement back and get the date 9th day of March, 2007 changed on the agreement to April 2009 she has agreed to have it signed by the mayor first. Please let me know getting a corrected agreement. Thanks. Have a good day. Clarice >>> From: Lynn Hyke To: Clarice Pearman; Peggy Bell Date: 4.2.09 9:38 AM Subject: Re: AWG Clarice, When Arkansas Western Gas left the agreements there where non signed They said they would give us a original back after they signed it. Thanks Lynn A. Hyke Construction Project Manager Ihyke@ci.fayetteville.ar.us (479) 601-1079 They expected us to sign it before they did. >>> Clarice Pearman 3/31/2009 4:36 PM >>> Lynn: I received your staff review item back regarding a Arkansas Western Gas agreement. Do you have a signed agreement from AWG? Please let me know. Have a good evening. Thanks._ ... Clarice file ://C:kDoc� is%20and%2OSettingslcpearman.0001Local%20Settings\Temp\XPgrpwise149D5CE4AFA... 4.6.09 ARKANSAS WESTERN GAS COMPANY UTILITY CONSTRUCTIONIRELOCATION AGREEMENT Property Developer: City of Fayetteville Address: 113W Mountain St Fayetteville, AR 72701 Job Location: Rock St THIS AGREEMENT, made and entered into this 9 day of March 2009 and between City of Fayetteville acting by and through its duly authorized representative, hereinafter referred to as the "Developer," and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter referred to as the "Owner." WITNESSETH: WHEREAS, the "Developer" proposes to make certain improvements at the location designation as shown above; and as part of the necessary work of such improvements, "Owner" must adjust or relocate certain of its existing facilities, and in connection with such adjustment, or relocation, "Developer" shall participate in the costs of such work to the extent herein agreed upon; and WHEREAS, the proposed improvement necessitates the adjustment andlor relocation of certain facilities of "Owner" as described in the following description of work. Relocate existing main due to proximity of footprint of the new District Courts Building. and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, estimate of cost, and specifications (when applicable) which are attached hereto and made a part hereof; and WHEREAS, the "Developer" desires to implement the herein described utility adjustments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner." NOW, THEREFORE, IT IS HEREBY AGREED: 1. Where applicable hereunder by reason of new utility occupancy or crossing of "Developer's" property, "Developer" hereby grants to "Owner" a right of way license and permission to install and operate utility facilities on or across "Developer's" properties as shown on the approved plans or sketch maps attached hereto and made a part hereof, and to execute such easements or right of way grants as may be necessary to evidence and record such right of "Owner." 2. Where applicable hereunder by reason of new construction on existing utility rights of way, "Owner' hereby grants to "Developer" the right to use for his purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Developer's" rights which were subsequently acquired in the same lands, and which property rights "Owner" shall retain so long as "Owner" (or "Owners". successors or assigns) continues such use and occupancy and does not abandon, and thereby release, such property interest to "Developer" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Developer" hereby agrees that "Owner," by granting said right and by said continued joint use and occupancy, does. not waive any future claim for reimbursement for adjustment cost as may be eligible for reimbursement by reason of such prior property interest, nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the United States. 3. In the event that future construction, reconstruction, expansion, relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Developer" or the "Owner" in the area jointly occupied or used under either or both the above provisions of this Agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in the property of the "Developer" or the "Owner," either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable. 4. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be started, and shall keep the "Developer" informed of progress and activity related to the work being performed, and shall furnish written notice when the work is completed. 5. "Developer" agrees that the cost of the utility adjustment andlor construction provided for hereunder shall be paid to "Owner" as follows: "Owner" agrees that "Developer" will only pay actual cost of adjustment should actual cost be less than $5178.41. If actual cost exceeds $5178.41, the "Developer" will pay only Actual Cost. 6. "Owner" shall accept as full payment for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with "Owner's" accounting procedure, which is the Uniform System of Accounts prescribed by the Arkansas Public Service Commission. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than one (1) year from the date of final payment. 7. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Developer" harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under this Agreement; and "Owner" shall, in completing said work, perform clean up and restoration of appearances of the work area including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. 8. If requested by "Owner" in writing, "Developer" shall make intermediate progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly intervals, for work hereunder upon receipt of statements in. two (2) copies for periodic and unpaid costs, provided the herein estimated reimbursable amount if $2,000.00 or more, and that no such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 9. "Owner" shall, within six (6) months after completion of the adjustment and acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed complete (includingintermediate billings, if any) and final bill in two (2) copies and covering the total cost for the adjustment of "Owner's" facilities. 10. The "Developer," upon receiving from "Owner" the final billing documents complete as listed next above, shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein. "Developer" shall pay "Owner" within thirty (30) days after such billing documents are received. If "Developer" fails to pay within said time, the amount due shall bear interest at the maximum allowable rate until paid. "Developer" shall have the right to inspect and audit the books of account of "Owner" during normal business hours of "Owner" at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to refund any and all amounts paid in payments found in the audit to exceed the total amount eligible for work hereunder. 11. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to relative property rights, right of way occupancy permission, access for servicing when applicable and joint use of rights of way shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal representatives, successors or assigns. 12. Anything contained herein notwithstanding, if requested by "Owner" in writing, "Developer" shall make an advance payment not to exceed one hundred percent (100%) of eligible billed costs for work to be performed upon receipt of statements in two (2) copies for estimated costs. No such advance payment shall be construed as final settlement for any item included in any billing. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the date first hereinabove written. "OWNER" ARKANSAS WESTERN GAS COMPANY Its: Vice Presider t Attest Its: Secretary Att(if Corporation) Its: 1 K r VLrft:'\1Y'• ' G OF •� Witness: (If Individual or Partne FAYEITEVILLE: �0N��C�a`�. 9.o4. f /'DO ARKANSAS WESTERN GAS COMPANY 100.5-76-7 UTILITY CONSTRUCTION/RELOCATION AGREEMENT Property Developer: City of Fayetteville Address: 113 W Mountain St Fayetteville, AR 72701 Job Location: Rock St THIS AGREEMENT, made and entered into this 9 day of March 2009, and between City of Fayetteville acting by and through its duly authorized representative, hereinafter referred to as the "Developer," and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter referred to as the. "Owner." WITNESSETH: WHEREAS, the "Developer" proposes to make certain improvements at the location designation as shown above; and as part of the necessary work of such improvements, "Owner" must adjust or relocate certain of its existing facilities, and in connection with such adjustment, or relocation, "Developer" shall participate in the costs of such work to the extent herein agreed upon; and WHEREAS, the proposed improvement necessitates the adjustment andlor relocation of certain facilities of "Owner" as described in the following description of work. Relocate existing main due to proximity of footprint of the new District Courts, Building. and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, estimate of cost, and specifications (when applicable) which are attached hereto and made a part hereof; and WHEREAS, the "Developer' desires to implement the herein described utility adjustments or relocations and approve the proposed utility construction of "Owner' by entering into an agreement with said "Owner." NOW, THEREFORE, IT IS HEREBY,AGREED: 1. ' Where applicable hereunder by reason of new utility occupancy or crossing of"Developers" property, "Developer" hereby grants. to "Ownera right of way license and permission to install and operate utility facilities on or across 'Developer's" properties as shown on.. the approved plans. or sketch maps attached hereto and made a - part' hereof, ' and to execute such easemerits'br right of way grants as maybe. necessary to evidence and record such right of."Owner:" 2. Where applicable hereunder by reason of new construction on existing utility rights,of way, "Owner' hereby grants to "Developer" the right touse for his purposes the lands within the project limits on or across which Owner' holds a valid, property interest antedating "Developers rights whichweresubsequently acquired in the same lands, and which property rights "owner" shall retain so long as "Owner (or "Owner's". successors or assigns) continues such use and'occupancy and does not abandon, and thereby release, such property interest to "Developer" through facility, removal in making said adjustments or by subsequent facility removal for "Owners" conven€ence; and the "Developer" hereby agrees that "Owner," by granting said right and by said'continued joint use and occupancy, does: not:a r:•�� ;:° •M claim for reimbursement for adjustment cost as may be.eli eligible for reimbursement by reason of such prior r:'c;:F::; •:;;r: , nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the : ��- •: , . 3. In the event that future crinstruct€on, reconstruction, expansion, reloocaton, rehabilitation, betterment, maintenance, or other work on the facilities i:+^L';` ..•':i:r ' t). f:i`. rli: Cc `;' o, the "Owner" in the area jointly occupied or used under either or both the above:provis i' i h = Ann r :Jill .4 •,:.'::..•t: :::::• r•hs, .:r: 'y affect, interfere, or be inconvenient to the facilities or respongibilities of eitHer'party rx:. eti r•,e-e:D . hal. rr; +r h ,; ;i•i..c ric - : I -.%• r ng as to locations, extent; and methods of such work before the work is urdertake• ri :r...^ +;f t ' r c 'cr r:..:1 :.n: .•r:^,I: I r`e action is necessary or the protection of the "'public and to m€nrrnlze damage to c 1 :,, ;:rr - :n;l:re _ ,. v�loper' or the "Owner," either party hereto may, at its own responsibilrtyarrd risk, makeanynecessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable..' . 4. "Owner" shall inform "Developer" in: writing, three days or more in advance of the date work is to be started, and shall keep the "Dkveloper" informed of progress and activity related to the work being performed; and shall furnish written notice wen the work is completed: 5. "Developer" agrees that the cost of the ,,utility adjustment andlor construction provided for hereunder shall be paid to "Owner' as follows: 'Owner' agrees that :"Developer""will only, pay dtytual cost of adjustment should actual l=ost be less than 5178.41. If actual cost exceeds $ 517flA1 the "Developer" will pay only, Actual Cost. .1: 6. "Owner" shall accept as full payment for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with "Owner's" accounting procedure, which is the Uniform System of Accounts prescribed by the Arkansas Public Service Commission. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than one (1) year from the date of final payment. 7. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Developer' harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under this Agreement; and "Owner" shall, in completing said work, perform clean up and restoration of appearances of the work area including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. 8. If requested by "Owner' in writing, "Developer' shall make intermediate progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for periodic and unpaid costs, provided the herein estimated reimbursable amount if $2,000.00 or more, and that no such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 9. "Owner' shall, within six (6) months after completion of the adjustment and acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed complete (including intermediate billings, if any) and final bill in two (2) copies and covering the total cost for the adjustment of "Owner's" facilities. 10. The "Developer," upon receiving from "Owner" the final billing documents complete as listed next above, shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein. "Developer' shall pay "Owner" within thirty (30) days after. such billing documents are received. If "Developer" fails to pay within said time, the amount due shall bear interest at the maximum allowable rate until paid. "Developer" shall have the right to inspect and audit the books of account of "Owner" during normal business hours of "Owner' at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owners" billing. "Owner" agrees to refund any and all amounts paid in payments found in the audit to exceed, the total amount eligible for work hereunder. 11. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to relative property rights, right of way occupancy permission, access for servicing when applicable and joint use of rights of way shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal representatives, successors or assigns. 12. Anything contained herein notwithstanding, if requested•by "Owner" in writing, "Developer" shall make an advance payment not to exceed one hundred percent (100%) of eligible billed costs for work to be performed upon receipt of statements in two (2) copies for estimated costs. No such advance payment shall be construed as final settlement for any item included in any billing. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the date first hereinabove written. Its: M94. (If Corporation) . _ 41ilajE • . � w.'r;;�.y ; Nw r.� l . wwvw• -Witness: (If Individual or Part n FAQ IL.LI Page 1 of 1 Clarice Pearman - AWG From: Clarice Pearman To: Hyke, Lynn Date: 4.7.09 3:00 PM Subject: AWG CC: Audit Attachments: Audit Lynn: Attached is a copy of your staff review item regarding Arkansas Western Gas. I have forwarded to you the original agreements. Please see that the city clerk's office get an original back. Have a good afternoon. Clarice file://C: \Documents%20and%20 Settingslcpearman.0001Local%20 Settings\Temp\XPgrpwise149DB6AA8F... 4.7.09 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Lynn Hyke Buidling Services Building Services Submitted By Division Department racuon rcequirea: roval of a change order to the contract with Kinco for additional work provided through the construction phase of LEED Court Building Project. Cost of this change order is $45,496.00. Approval of $2800.00 for the design and struction of 2 "Bike Art" bicycle racks. C - $ 48,296.00 Cost of this request 4470.9470.5210.00 Bike Art 4470.9470.5314.03 Account Number 04008.0811 Bike Art 04008.0801 Project Number $ 3,940,762.00 District Court/Prosecutor Facility Category ! Project Budget $ 3,564,013.00 Funds Used to Date $ 376,749.00 Remaining Balance Program Category I Project Name District Court Program / Project Category Name Sales Tax Capital Improvement Fund Name Budgeted Item XX Budget Adjustment Attached Previous Ordinance or Resolution # Depa ment Director Da Original Contract Date: 11/7/2006 Original Contract Number: 1055 Received in City Clerk's Office Received in Mayor's Office Revised January 1 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager a Date: Tuesday, June. 25, 2009 Subject: Approval of a change order with Kinco Contractors for $45,496.00 Approval of $2800.00 for the design and construction of 2 "Bike Art" bicycle racks RECOMMENDATION I recommend approval of a Change Order to the contract with Kinco Contractors for additions to the scope of work during the construction phase, and approval of the expenditure of $2800.00 for the design and construction of 2 "Bike Art" bicycle racks. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building. in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. During the pre -construction phase, there were changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. Now in the construction phase, there are several changes and revisions which total to $45,496.00, which would add Change Order #2 to the Kinco contract.. DISCUSSION Some of the additional services are due to design changes, some are related to the LEED nature of the building, and some are changes that became apparent as construction was under way. The architectural firm hired to design the building concurs with the additional costs. The other addition, swapping two plain bicycle racks for two "Bike Art" racks is a mildly competitive RFP that will add public art to outside the entryway of the new District Court Building. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Coun Bldg. CO2 memo 06232009.doc WILSON ESTES POLICE ARCHITECTS 5799 BROADMOOR, SUITE 520 MISSION, KANSAS 66202 T913 3841115 F9 1 3 384 2292 June 22, 2009 Lynn Hyke City of Fayetteville 113W Mountain Street Fayetteville, AR 72701 RE: Project Changes narrative Lynn, Per your request we are providing a narrative outlining all of the Items regarding a cost change for the project. This list will indicate all changes that the design team Is aware of at this time, Change Order No. 2 — Construction Corrections / modifications Added wind girt to main entry -- (PR -003: COR-009) - $858 Contractor requested the addition of a steel tube over the main entry to help alleviate wind pressures against the metal studs. Engineering of metal studs is the responsibility of the metal stud installer Weather Barrier Revisions — (neg: COR-010) - $1000 During VE negotiations the contractor had proposed an alternate weather barrier system intended to be similar to the product specified. The cost was accepted and the design team agreed to investigate. The product proposed was a damproofing product used on below grade foundation walls, and not in line with the performance specifications. The credit back for this change in Exhibit C was $5000. It was determined that the contractor had an overlap on this product and had $4000 in another product doing for the same requirements. The design team decided to delete the overlap product and go with the original product specified at a cost of $1000 to the contract sum. 3. Duct Revisions — (PR -005: COR-011) - +($800) It was determined that a wrong duct size was called out on the drawings. The HVAC contractor determined that the duct size was incorrect, and based his bid on that assumption. The general contractor required the drawings be corrected which uncovered that the HVAC contractor should have bid the first duct size resulting in a credit back to the project. The HVAC contractor used common sense when placing his bid, but is required to bid the project in line with all other companies reviewing the drawings. Had the question been asked during bidding the duct would have been revised so that all companies would have bid the same size duct in this location. 4. Added drain tile around perimeter of the building — (PR -008: COR-012) - $852 Oaring footing excavations the design team was informed that there is subsurface conditions in the area that are conducive to large amounts of water traveling subgrade through the site from the surface parking uphill from the project. It was determined that a drain system should be installed to divert any subsurface water around the North side of the foundation 5. Electrical lighting revisions - LEED — (PR -004: COR-01 3) - $11,717 Revisions of specific lighting fixtures to include daylight harvesting sensors and occupancy controls 6. Added lay in calling and access panel In corridor 1029— (PR -006: COR-014) - $2224 Allowed for greater flexibility with network cabling and future wiring needs, simplified light fixture installation 7. Delete fire rating requirement for exterior sheathing -- (ASI-007: COR-015) - +($452) Credit provided to the Owner for fire rating requirements called out in the project documents that are not required by code. 8. Revised Glazing -- (PR -009: COR-016) - $2055 During VE negotiations the contractor had proposed an alternate glazing type for the project. The cost was accepted and the design team agreed to investigate. The product proposed did not meet the light transmittance requirements for LEED Credit EA Credit 1. A different glazing type needed to be selected. 9. Sewer line tap clarifications — (PR -007: COR-017) - $3130 The sanitary sewer department requested that vie tap into the sanitary line in Rock Street in Lieu of the alley as shown in the construction documents. Tap location was acceptable during the design phase. 10. Revised Storefront to Curtainwall — (PR -010: COR-016) - $31871 The specifications called out a 2 %" wide mullion face for the storefront and curtainwall. The storefront product number identified a system with a 2 114 wide mullion face. Both systems require a snap on extrusion, therefore the 2 4" wide storefront needed to change to a product with a 2 %" wide mullion face for compatibility with the extrusions. Horizontal shading was added to the Northwest windows to be in compliance with LEED Ea Credit 1. 11. Pocket door revisions — (COR-019) - $2584 Revise doors in a number of offices to pocket doors in lieu of swinging doors to allow for greater flexibility In furniture layout. 12. Butt Glazing over Janitor closet -(PR-00x: COR -020) - $2329 Add glazing system over Janitors closet that was not clearly identified in the drawings at time of bid 13. Add roof drains - $8536 - (PR -000: COR-021) Addition of roof drains shown on Architectural plans that were not shown on the Plumbing plans 14. Ballistic doors—(COR-023) -$1807 Price is to take existing ballistic doors from the existing prosecutors office and install them in the new facility, cost Includes providing new doors to replace the doors removed from the existing office, patch and repair of walls, 15. Entry Canopy scuppers -(COR-024) $1763 Add 2 scuppers to the main entry canopy 16. Delete Exterior Security camera — (PR -011: COR-025) ($2733) it was determined that the exterior security camera was not desired 17. Delete Bike Racks (2 total) — (PR-0XX: COR-026) - $377 Bike racks were removed from the project and will be replaced with "Art bike racks" produced by a local Artist 18. Add steel steps in alleyway - (lump sum agreement) - $4766 Add stairs from second floor of the adjacent police facility to the alleyway below. Lump sum is to modify and existing stair that the city owns, transport, and set in the alley. 19. Wood panel revisions -(PR-018: COR-028) - ($31,621) Following the value engineering the design team had agreed to revise some of the wood paneling for some additional cost savings. Drawings were revised, approved by the building users, and re -priced by the contractor. 20. Add loose fill perlite to brick cavity - (Nag: COR-030) — $5989 Perlite is added to the brick cavity to increase the R -Value of the wall —45% Change Order No. 2 total - $45,496 Respectfully Submitted, City of Fayetteville Staff Review Form k)/ rn-o Lynn Hyke Submitted By City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Buidling Services Division Building Services Department Action Required: Approval of a change order to the contract with Kinco for additional work provided through the final construction phase of the LEED Court Building Project. Cost of this change order is $76,510.00 $ 76,510.00 Cost of this request 3,940,762.00 District Court/Prosecutor Facility Category 1 Project Budget 4470.9470.5315.00 $ 3,646,713.93 Account Number Funds Used to Date 04008.0801 $ 294,048.07 Project Number Remaining Balance Budgeted Item Budget Adjustment Attached Program Category / Project Name District Court Program / Project Category Name Sales Tax Capital Improvement Fund Name _2/7L._9 19 p Previous Ordinance or Resolution # RES-192-08 Depart ent Director Da City Attorney Finance nd Internal Services Director ie Staff M�►yor Comments: Original Contract Date: 1117!2006 I/O Original Contract Number: 2060 Dat �te Received in City Clerk's Office Date Received in 9)4/Mayor's Office �9 ate Revised January 15, 2009 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager Date: Friday, September 18, 2009 Subject: Approval of a change order with Kinco Contractors for $76,510.00 RECOMMENDATION I recommend approval of a Change Order to the contract with Kinco Contractors for additions to the scope of work during the construction phase... BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. During the pre -construction phase, there were changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. There were additions and deductions which total to $45,496.00, which added Change Order #2 to the Kinco contract in June 2009. Entering the final phase of construction, I bring forward additions and revisions in the form of CO #3 in the amount of $76,510.00. DISCUSSION Some of the additional services are due to design changes, some are related to the LEED nature of the building, and some are changes that became apparent as construction was under way. The architectural firm hired to design the building concurs with the additional costs. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg. CO3 memo 09182009.doc Kinco, CO #3 Construction Phase COR $4,138.00 29 Revised cut work HVAC change $2,501.00 34 Alley Paving $980.00 38 Add 2 removable pipe bollards in alleyway $304.00 37 Add full ight door 10558 with 1/4" tempered glass $393.00 35 Locks to doors 1005,1057,1058, & 1062 approx. $1,268.00 36B Furnish & Install 2" blinds Incl. north window $23,807.00 33 Install 9 tree grates and structural soil $4,985.00 32 Bench type final selections ($13,061.00) 39 Generator Bldg. deduct $4,243.00 22R Energy monitoring $3,655.00 40 Roof drainage/curb penetration $7,605.00 46 Bullet proof panels additional $5,705.00 44 Additional tables/courtroom $0.00 none Return air N/A 43 NW corner concrete $746.00 42 2 additional fire extinguishers $1,214.00 41 Corrian in break rooms (approx) ($800.00) 45 Credit - drainage panels $2,919.00 49 Audio system $2,255.00 47 Concrete North alley $2,688.00 51 Biscuit joints $11,802.00 48 Concrete alley $289.00 50 J box additional $4,304.00 54 Aluminum panels 534 56 Wall color paint $918.00 55 Additional CO2 sensor N/A 53 Conan upgrade $2,325.00 52 Cedar Fence $686.00 57 Hand rails/break area $107.00 58 Telephone outlet in foyer $76,510.00 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Lynn Hyke Submitted By Buidling Services Division Building Services Department Action Kequirea: of additional City Services and outdoor benches for the LEED District Court Building. $ 10,500.00 Cost of this request 4470.9470.5801.00 $5500.00 4470.9470.5400.00 $4000.00 4470.9470.5210.00 $1000.00 $ 3,940,762.00 District CourtiProsecutor Facility CategoryI Project Budget $ 3,723,223.93 Program Category! Project Name District Court Account Number Funds Used to Date Program / Project Category Name 04008.0801 $ 217,538.07 Sales Tax Capital Improvement Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached CMG'9/1 Previous Ordinance or Resolution # RES-192-08 Dent Directo Da Original Contract Date: 11/7/2006 —[ A Il _l Original Contract Number: 2060 City Attorney Date Finance and Internal Services Director Da? Received in Clerk's Offic /j q ! O hie f St ff Date r T Received in /21 Mayor's Office 9 �� a or ate Comments: Revised January 15, 20 9 4ii�A3N) -7 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager4?I*V01`N Date: Friday, September 18, 2009 Subject: Approval of $10,500.00 for additional City Services and outdoor benches for the LEED District Court Building RECOMMENDATION I recommend approval of $10,500.00 outside the contract for additional City Services, consisting of $5500.00 for an educational kiosk being purchased by the City's IT Division and $4000.00 for start- up cleaning and maintenance products and supplies being purchased by the Building Maintenance Division... Also, there is a separate allocation of $1000.00 for outdoor benches to be purchased by the District Court Division. BACKGROUND Now in the final phase of construction, there is a need for finishing items. The educational kiosk will provide the City of Fayetteville an attempt at an additional LEED point for offering onsite LEED education. An industrial vacuum and buffer are among the items needed for cleaning and maintenance. The outdoor benches can be purchase at summer close out prices. DISCUSSION The referenced items were identified mostly during bi-monthly construction meetings and were discussed with the LEED team, Prosecuting Attorney staff, District Court staff and review by the Construction Manager and Financial Accountant. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. Additions to project_City Services 09182009.doc Kinco updated 9110109 Courts Building -demolition & Construction Project 04008 Original Bid 3,727,000.00 Value Engineering 354,500.00 Net 3,372,500.00 Contingency 300,000.00 Furniture 150.000.00 450,000.00 Contract plus contingency & furniture I 3,822,500.00 Bud et remaining 3,841,384.41 Underbud et 18,884.41 items not in bid (will use contingency) 80,000.00 Phones/Data lines (approximately $50,000) Landscaping (approximately $20.000.00) Moving & Start -up approximate! $10,000.00) Additional Expenses since bid opening Shred Max 2,500.00 11/1712008 CO to Wilson Estes contract 5,200.00 12/1612008 AT&T PO to move ole 8,646.99 12119!2008 Southern Reprographics 66.64 12/2272008 Telecommunications (phone wiring) 7,129,51 2!2!2009 ITcabling 1,748.22 1/23/2009 Multicraft (utilities moved) 2,438.00 PO dated 1119109 JA Riggs (generator start up) 1,200.00 approx. Move gas line 5,178.41 agreement 3130/09 Non -contract expenses as of 2!20109 34,107.77 Kinco CO #1 55,131.00 Added Wind Girt $856.00 Weather Barrier Revisions $1,000.00 Electrical Lighting Revisions $11,717.00 Duct Revisions $800.00 Added Drain Td $852.00 Revised Glazing $2.055.00 Revised Storefront and Curtainwall $31,871.00 Add isy in ceiling and access panel $2,224.00 Sewer Line Tap $3,130.00 Delete fire rating reguirement on exterior sheathing $452.00 Pocket Doors $2,584.00 Butt Glazing over Janitor's Closet $2,329.00 Add Roof Drains $8,536.00 Ballistic Doors $1,807.00 Entry Canopy Scuppers $1,763.00 Delete exterior security camera $2,733.00 Delete 2 bike racks ($377.00) Wood Wall Panel Revisions ($31,621.00) Add Pertite Insulation $5,989.00 Fire Exit Stairs $4,766.00 Total CO #2 to Kinco $45,496.00 Contingency Value engineering items added back (City perform) Additional expense pre -construction CO #1 to !Onto CO #2 to Kinco Bike Art Remaining contingency Remaining furniture Remaining phone system Start-up Cleaning & Maintenance products Educational Kiosk equipment Outdoor benches 300,000.00 (80,000.00) (34,107.77) (55,131.00) ($45,496.00) ($2.800.00) 82.465.23 40,000.00 4,000.00 (4.000.00) (5,500.00) (1.000.00} 115.965.23 Total remaining budget ($76.510.00) CO #3 39,455.23 J:LEXCEL\Kincol(Court Exp updated 09172009.xls]09172009 City of Fayetteville Staff Review Form Pl �J liG 0� tr City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Lynn Hyke Buidling Services Building Services Submitted By Division Department Action Required: nge order to Kinco contract for construction of LEED District Court Building. $ 27,915.00 Cost of this request 4470.9470.5315.00 Account Number 04008.0801 Project Number Budgeted Item $ 3,940,762.00 Category! Project Budget $ 3, 786, 791.84 Funds Used to Date $ 153,970.16 Remaining Balance Budget Adjustment Attached ______! District Court/Prosecutor Facility Program Category I Project Name District Court Program / Project Category Name Sales Tax Capital Improvement Fund Name Previous Ordinance or Resolution # RES-192-08 ate Q Original Contract Date: 11/7/2006 j I Z' 8` ' Original Contract Number: 2060 Date T.,-AQ. , 1'�.-'' 2,an9 Finance and Internal Services Director Date Received in City Clerk's Office Chl f of St Date Received in Mayor's Office avor D e Revised January 15, 2009 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager Date: December 5, 2009 Subject: Approval of a change order with Kinco Contractors for $ 27,915.00 RECOMMENDATION I recommend approval of a Change Order to the contract with Kinco Contractors for final additions to the scope of work during the construction phase. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. During the pre -construction phase, there were changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. There were additions and deductions which total to $45,496.00, which added Change Order #2 to the Kinco contract in June 2009. Entering the final phase of construction, CO #3 in the amount of $76,510.00 was brought forward in September. Now, as we are nearing completion of the building, the final change order, #4 ($27,915.00) for additions needed to occupy the building. There is approximately $20,000.00 left in the contingency fund after this change order is executed. DISCUSSION Some of the additional services are due to design changes, some are related to the LEED nature of the building, and some are changes that became apparent as construction was under way. The architectural firm hired to design the building concurs with the additional costs. BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg. Council memo 12052009.doc Kinco, CO #4 Construction Phase COR 9,345.00 60 Alley dirt fill (1,936.00) 61 CR Pros. Attny. Vinyl wall covering 3,199.00 65 Video Equip (approx.) 977.00 59 Swinging doors no charge 0 Fresh air to boiler 537.00 64 Replacement door Strike 13,657.00 68 Stairs and landing 2,653.00 63 Parking lot -Chamber 918.00 62 Additional CO2 monitor for LEED 477.00 69 Holes & Grommets -countertops 433.00 67 Fire Extinguisers (1,008.00) 66 Replace metal framing with wood on Dmark bldg. 229.00 70 5 Door stops (500.00) 71 Clear story panels credit 218.00 72 Signage (5 BR, 3 No smoking) (1,200.00) 73 CR smoke detectors deleted 186.00 74 rust removal & clear coat for bike art 110.00 75 aluminum signs for bike art 456.00 76 Dyer Electric hook up cubical units (836.00) CR TV mount for courtroom 27,915.00 Document G704ru - 2000 Certificate of Substantial Completion PROJECT: (Name and address) Fayetteville District Court & Prosecutor Facility Fayetteville Arkansas TO OWNER: (Name and address) City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 PROJECT NUMBER: 05121NW0809 CONTRACT FOR: General Construction CONTRACT DATE: October 2l, 2008 TO CONTRACTOR: (Name and address) Kinco Constructors, LLC 3803 Kelley Avenue Springdale, Arkansas 72762 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ Partial Occupancy was agreed to between the City of Fayetteville and Kinco Constructors. The Document "Partial Occupancy Agreement dated December 11th, 2009, is attached. On December 14`s, 2009 the City of Fayetteville will take possession of the building with the follwing conditions 1. City of Fayetteville personnel intends to ocupy the buidling for the purpose of setting up and finalizing movind efforts into the building so as to be prepared for the opening of the buiding to the Public 2. The City of Fayetteville will take over all required insurance for the entire Project starting and effective as of 12/14/09 3. The City of Fayetteville will take over all building utility payments (i.e. Water, gas, Electric, Phone, Internet, Etc.) effective as of 12/14/09 4. "Exhibit A" attached is the list of all the outstanding Punchlist items remaining on the Project that need to be completed. All outstanding itmes shall be completed by 1/14/10. 5. All warranties provided by Kinco Constructors or their Subcontractors and Supplies shall start on 12/14/09 6. The Liquidated Damages pursuant to Section 3.3 of the A101 Agreement between Onwer and Contractor shall not be assessed after 12/14/09. All other terms oif the agreement shall remain in full effect. The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: Warranty Date of Commencement The start date of the warranty was established by the Partial December 14, 2009 Occupancy agreement dated December 1 I, 2009. Wilson Estes Police Architects ARCHITECT 7 -h.772_ •Z - BY 12/21/2009 DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: STBD AIA Document G704" — 2000. Copyright O 1963, 1978, 1992 and 2000 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:52:49 on 12/21/2009 under Order No.3206507613 1 which expires on 11/01/2010, and is not for resale. User Notes: (1349339002) The Contractor will complete or correct the Work on the list of items attached hereto within Thirty (30) days from the above date of Substantial Completion. (72jjKinco Constructors, LLC CONTRACTOR 13Y DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at 8:00am (time) on December 14'x, 2009 (date). City of Fayetteville 0 ja D OWNER 8 DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note. Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) As stated in the Partial Occupancy Agreement. AIA Document G704"' -2000. Copyright ® 1963, 1978, 1992 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:52:49 on 1212112009 under Order No.3206507613_1 which expires on 1110112010, and is not for resale. User Notes: (1349339002) Kinco Constructors, LLC li( FAYETTEVILLE DISTRICT COURT AND PROSECUTOR FACTILITY PARTIAL OCCUPANCY AGREEMENT The following agreement between the City of Fayetteville and Kinco Constructors is drafted in accordance with Section 9.9.1 of the AlA A201 General Conditions and outlines the responsibilities and expectations of each party in relation to the Partial Occupancy of the Fayetteville District Court and Prosecutor Facility. It is understood that the City of Fayetteville is taking possession of the building on 12/14/09 with $ ' conditi understood by all. OF vCQ ;1 1) City of Fayetteville personnel intends to occupy the building for the purpose of s its up,nc�Inaltz m efforts into the building so as to be prepared for the opening of the building to the lic. G2j� 2) The City of Fayetteville will take over all required insurance for the entire Project s i and ti ective 12/14/09. s8Lg5 3) The City of Fayetteville will take over all building utility payments (i.e. Water, Gas, Electric, Phone, Internet, Etc) effective as of 12/14/09. 4) "Exhibit A" attached is the list of all the outstanding Punch List items remaining on the Project that need to be completed. All outstanding items shall be completed by 1/14/10. 5) All Warranties provided by Kinco Constructors or their Subcontractors and Supplies shall start on 12/14/09. 6) The Liquidated Damages pursuant to Section 3.3 of the A101 Agreement Between Owner and Contractor shall not be assessed after 12/14/09. All other terms of the Agreement shall remain in full effect. CI F FAYETTEVILLE t ature Lvv/✓ Pritfted Name Date O C STRUCTORS, LLC Signature rLC.INi:r5�h� Printed Name i2!!a /off Date ,..,..._._� 3603 Kelley Avenue Phone 479-751.8606 FAX 479-761-6669 Page 1 of 5 Peggy Bell - RE: Fayetteville District Court - Substantial completion From: "Matt Veasman" To: "Paul Becker" , "Lynn Hyke" , "Peggy Bell" , "Darrin Wright" Date: 12/22/2009 3:23 PM Subject: RE: Fayetteville District Court - Substantial completion CC: "Brian Thomas" , "Don Marr" , "Dena Stockalper" , "Rudy Moore", "James Estes" Paul, By definition if the building is functioning as intended, I consider it substantially complete. It would be valid with your signature and a signature from a Kinco representative. Thanks, Matt From: Paul Becker(mailto:pbecker@ci.fayetteville.ar.us] Sent: Tuesday, December 22, 2009 3:16 PM To: Lynn Hyke; Peggy Bell; Darrin Wright; Matt Veasman Cc: Brian Thomas; Don Marr; Dena Stockalper; Rudy Moore; James Estes Subject: RE: Fayetteville District Court - Substantial completion Matt What about the substantial completion letter we receive this morning?Is it valid or not?I have it in my possession at this time waiting to hear from you Matt. Paul Becker Finance Director TDD (Telecommunications Device for the Deaf) 479-521-1316 >>> "Matt Veasman" <matt.veasman@policearchitects.com> 12/22/2009 3:06 PM >>> Peggy, As confirmed by the City this morning the building is functioning as intended. All remaining items are considered part of the punchtist and or project closeout. fi le://C :\Documents and Settingslpbell.0001Local Settings\Temp\XPgrpwise14B30E499F... 12/22/2009 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA Flewl laz)-c� City Council Meeting Date Agenda Items Only Lynn Hyke Buidling Services Building Services Submitted By Division Department Action Kequirea: Approval change order #5 to Kinco contract for post -construction of LEED District Court Building. $ 474.00 $ 3,940,762.00 District Court/Prosecutor Facility Cost of this request 4470.9470.5315.00 Account Number 04008.0801 Project Number Budgeted Item 0 Dir for Attorney Category ! Project Budget $ 3,803,319.00 Funds Used to Date $ 137,443.00 Remaining Balance Budget Adjustment Attached 2 ate ,?-2-t o Date Finance and Internal Services Director Date Program Category I Project Name District Court Program 1 Project Category Name Sales Tax Capital Improvement Fund Name Previous Ordinance or Resolution # RES-1 92-08 Original Contract Date: 11/7/2006 Original Contract Number: 2060 �� Received in City 10 Clerk's Office Received in Mayor's Office i1! Revised January 15, 2009 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Lynn Hyke, Construction Manager Date: February 2, 2010 Subject: Approval change order #5 with Kinco Contractors for $474.00 for post -construction work RECOMMENDATION I recommend approval of a Change Order to the contract with Kinco Contractors for final additions to the District Court Building. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. During the pre -construction phase, there were changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. There were additions and deductions which total to $45,496.00, which added Change Order #2 to the Kinco contract in June 2009. Entering -the final phase of construction, CO #3 in the amount of $76,510.00 was brought forward in September. Now, as we are nearing completion of the building, the final change order, #4 ($27,915.00) for additions needed to occupy the building. There is an additional change order #5, that is for post construction work - $292.00 for 2 more exit lights recommended by Fire Marshall and $182.00 for signage for the City Prosecutor's fron entrance. There is approximately $20,000.00 left in the contingency fund after this change order is executed. DISCUSSION Some of the additional services are due to design changes, some are related to the LEED nature of the building, and some are changes that became apparent as construction was under way. This final change order is for post construction additions. . BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg. Council memo 0202.20I0.doc Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Springdale, AR 72762 Phone (501) 225-7606 Phone (479) 751-8606 Fax (501) 225-1028 Fax (479) 751-5659 CHANGE ORDER REQUEST Date: December 17, 2009 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 78 Description of Proposed Change: Adding two exit lights per the Fire Marshall. The total cost of this proposal is as follows: 1. Labor ...........................................$ $ 2. Labor Burden .................................$ $ 3. Materials .......................................$ 4. Subcontracts ..................................$ ............. $ 275.00 5. Subtotal (add lined, 2, 3, & 4)............ $ 275.00 6. Insurance and Bond 1.1% ............. • $ 3.03 8. Fee of 7% on Material and Labor.......... $ - 7. Fee of 5% on Subcontractor .............. $ 13.75 9. Change Order Total ................................ $ 292 Should you have any questions or comments, please feel fee to call. nc reey-"� p 5 David R. Ellingson Kinco Constructors, LLC. Mobile: 479-263-3352 Cc: File Date: Accepted: Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Springdale, AR 72762 Phone (501) 225-7606 Phone (479) 751-8606 Fax (501) 225-1028 Fax (479) 751-5659 CHANGE ORDER REQUEST Date: December 17, 2009 To: Matt Veasman Wilson Estes - Police Architects 5799 Broadmoor, Suite 520 Mission, KS • 66202 Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 79 Description of Proposed Change: Add "City Prosecutor" signage to front entrance door of Prosecutor side. The total cost of this proposal is as follows: 1. Labor ...........................................$ $ - 2. Labor Burden .................................$ $ - 3. Materials ...................................... $ 95.00 4. Subcontracts ..................................$ $ 75.00 5. Subtotal (add lines!, 2, 3, & 4)............ $ 170.00 6. Insurance and Bond 1.1% ................... $ 1.87 8. Fee of 7% on Material and Labor.......... $ 6.65 7. Fee of 5% on Subcontractor .............. $ 3.75 9. Change Order Total .................................$ $ 182 Should you have any questions or comments, please feel fee to call. mcere , avid R. Ellingson Kinco Constructors, LLC. Mobile: 479-263-3352 Cc: File Date: Accepted:, City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Paul Becker Administration Administration Submitted By Division Department $ 2,377.50 $ 3,940,762.00 District Court/Prosecutor Facility Cost of this request Category / Project Budget Program Category / Project Name 4470.9470.5804.00 $ 3,806,497.35 District Court Account Number Funds Used to Date Program I Project Category Name 04008.0801 $ 134,264.65 Sales Tax Capital Improvement Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached 5 3-11-6k Previous Ordinance or Resolution # RES-1 92-08 Depa ent irector Date Original Contract Date: 11/7/2006 ""Q/ ! Original Contract Number: 2060 Cit ey Date Pc File nd Internal Services Director Date Received in City EI Clerk's Office 3-(14o 3/-!6 Chief of St Date Received in (&71 *Dar Mayor's Office vor Revised January 15, 0 99 CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan and City Council From: Paul Becker, Finance Director Date: March 17, 2010 Subject: Approval change order #6 with Kinco Contractors for $2377.50 for post -construction work RECOMMENDATION I recommend approval of a Change Order to the contract with Kinco Contractors for final additions to the District Court Building. BACKGROUND Kinco Contractors were awarded the contract for construction of the LEED District Court Building in October 2008. Value engineering changes were negotiated and agreed upon by the architect, the contractor and the City. During the pre -construction phase, there were changes to the contract sum which total $55,131.00 and a change order in regards to time, extending the final completion date to December 23, 2009. There were additions and deductions which total to $45,496.00, which added Change Order #2 to the Kinco contract in June 2009. Entering the final phase of construction, CO #3 in the amount of $76,510.00 was brought forward in September. Nearing completion of the building, change order, #4 ($27,915.00) for additions needed to occupy the building. There is an additional change order #5, that is for post construction work - $292.00 for 2 more exit lights recommended by Fire Marshall and $182.00 for signage for the City Prosecutor's fron entrance. There is approximately $20,000.00 left in the contingency fund after this change order is executed. Wilson Estes, upon inspection, would not approve of the light fixtures (COV4-132-EPU) installed as supplemental lighting in the bathrooms of the building. They are now requiring new fixtures (NeoRay Series 76) to be installed. DISCUSSION Some of the additional services are due to design changes, some are related to the LEED nature of the building, and some are changes that became apparent as construction was under way. This final change order is for post construction additions. . BUDGET IMPACT Budget is available from the contingency funds and is detailed on the Staff Review form. LEED Court Bldg. Council memo 03172010.doc Kinco, CO #6 Post Construction Phase COR 2,377.50 80 WE req new light fixtures Kinco Constructors, LLC 15617 Chenal Parkway "Building Excellence" 3803 Kelley Avenue Little Rock, AR 72211 Phone (501) 225-7606 Springdale, AR 72762 Fax (501) 225-1028 Phone (479) 751-8606 Fax (479) 751-5659 CHANGE ORDER REQUEST Date: March 16, 2010 To: Lynn Hyke City of Fayetteville Re: Fayetteville District Court Facility Kinco Constructors, LLC. Project No. NW0809 Change Order Request No. 80 llescriptiton of Proposed Change: The Columbia COV4-132-EPU light fixture was approved for, and installed in, all A05 light fixture locations. (see attached) Wilson -Estes is now requiring that a NeoRay Series 76 light fixture (see attached) replace the approved fixture in all locations. This change order request reflects the costs required to make this change. The total cost of this proposal is as follows: 1. Labor.... .......................................$ - 2. Labor Burden .................................$ . ................ $ 3. Materials .................................. $ 3,433.00 4. Subcontracts .................................. $ 1,270.00 5. Subtotal (add lines 1, 2, 3, & 4)............ $ 4,703.00 6. Insurance and Bond 1.1% ................... $ 51.73 8. Fee of 7% on Material and Labor.......... $ ..-240.3 1 7. Fee of 5% on Subcontractor .............. $ `+ -�--'-63.50 9. Change Order Total...... $ 7 7 5,059 Should you have any questions or comments, please feel fee to call. y ncerel �. .^ &f 4/', 'David R. Ellingson Date; Kinco Constructors, LLC "' Mobile: 479-263-3352 Cc: File Accepted: t` a' fFfP�-; ' 2 '7 ,. svrrt$ xry Kinco Hand Extension Sheet f 03/16/10 caR #sa r . . I :4::. H Labor Material Subcontract Description Quantity Unit TOTAL U/C Total UIC Total U/C Total Neo RyLht -fixtures ; .... 3,432.96 3,433 3,432.96 Lie ghtpi 1-... .. _... 420.0Q 420 424.00 850.00 850 850.00 - F---------- : ------------- --- Subtotal - 3,433 1,270 4,70296 Labor Burden @ 42.0°% I - _ - - Page 1 of 1 SUBMITTAL REVIEW TO- Matt Veasman COMPANY: Wilson Estes Police Architects FROM. Bert Jones DATE: 08-10-09 PROJECT NAME: Fayetteville Courts Bldg. PROJECT #: 7032 SUBJECT: Lighting Submittal Review L n..!'.tJ- -•v' f_ -.�.xT p:„,.'I_ cEr.; L BFEFEI re. X 13 FE',!"s ;'r 4FCR GENER:t }4FCRF.ctv;:"e !tr TrE Cv CChJLEFr': 4t,6 'e+F *!FOQM,rr.1; C: EN 4". Tr CO'MOT E:r'5 C a E0 IC SCR CQi03: PATE P.0.000 00 CrrlliACTcC FRC.I,( w;dF:cNL'= h#'r. 100 ;r z'P.LwEATS%�`.;.-c CCr'J:ay.CT CswUt.,t,?JfS. CE; EY: irA 3FE.IF0ETEl.! Sr{EL 10)1 TITUTE REVEW C'CI, 73 CLY CF Vfr.:C T}0E h.0.0.0.' G,'ev 7EF xn-w-i00 !S F:F.,i00Si%L FOR. 40 Th 3- R':t=;1 TO RE 000 .00. C:iT. EL:TEJ 01 TI.7 OET r'E. !?s5i.:,0.'ATiCV TOT PFCTt83S 000.0.110100 10@RCTI% PT TO 110 110.0.00. "E'-A'.rw, Flit:✓_' =g. STIES 1,00 '0.0(0100 L'G'JS'3rx110 w;. C:4.; 0TR OF 111 vs.! I4A? C 000.0 TI C- s 10.0 F'EPJ6rt000 A- :',RO I0 t 'IWF^ 0011 0001001001.000 RFM0WED" f1YV arM 8/10/09 W IL50N E$1 ES POLICE ARCHITECTS _ s? P., 0001':'ACR. SUE 00 7' 1.00O 0007002 00004 S' is All items were reviewed as to general design and construction only. Dimensions and quantities have not been checked. Approval stated herein does not permit any deviation from the plans and specifications, unless specific permission for each deviation is requested and granted in writing. 1. FIXTURE A01 APPROVED 2. FIXTURE AOIE APPROVED 3. FIXTURE:A02 APPROVED 4. FIXTURE A02E APPROVED 5. FIXTURE A03 APPROVED 6. FIXTURE A03E APPROVED 7. FIXTURE A03F APPROVED AS NOTED Contractor shall verify flange kit is required for ceiling installation. 7. FIXTURE A03EF APPROVED AS NOTED Contractor shall verify flange kit is required for ceiling installation. 8. FIXTURE A04 APPROVED 9. FIXTURE A04E APPROVED 10, FIXTURE A05 .. REJECTED •t tj. 11. FIXTURE ,058 USE IN ALL A05 LOCATIONS APPROVED 12. FIXTURE A06F APPROVED 13. FIXTURE.A08 APPROVED 14. FIXTURE B01 APPROVED 15. FIXTURE B01E APPROVED 16, FIXTURE B02 APPROVED AS NOTED Provide 48° 48'' adjustable cable suspension. 17. FIXTURE 602E APPROVED AS NOTED Provide 48" adjustable cable Suspension. 18, FIXTURE B03 APPROVED AS NOTED 19. FIXTURE B03E APPROVED 20. FIXTURE B03FE APPROVED 21. FIXTURE B04E APPROVED 22. FIXTURE.606E APPROVED AS NOTED Provide 48" adjustable cable suspension_ 23. FIXTURE Bl 8808 APPROVED 24. FIXTURE 8O9 MOUNT I-fORZ OVER MIRROR APPROVED 25. FIXTURE 810 APPROVED AS NOTED Provide dual ballasts for inboard/outboard switching. Provide 3 lamp (T8) fixture. 26. FIXTURE 811 APPROVED AS NOTED Contractor shall verify sign location with owner and architect prior to rough in. Light shall be Installed above sign shining down to meet city lighting ordinance, Page 1 oft 27. FIXTURE B12 APPROVED 28, FIXTURE CO2 APPROVED 29, F1XTURE 002E APPROVED 30. FIXTURE CO2F APPROVED 31. FIXTURE CO2FE APPROVED 32. FIXTURE C04 APPROVED 33. FIXTURE C05 APPROVED 34. FIXTURE 001 APPROVED 35. FIXTURE H01H0I APPROVED 36, FIXTURE P01 APPROVED AS NOTED Provide photometric information to ensure that fixture will meet city lighting ordinance, 37. FIXTURE S01S0I APPROVED 38. FIXTURE 501E APPROVED 39. FIXTURE W01E APPROVED 40. FIXTUE W02 APPROVED 41. FIXTURE X01 APPROVED 42. FIXTURE X02 APPROVED -_y END OF REVIEW tr G gage 2 of 2 J 4IJIIN[1tt11 V LI 1{Lill a rower tiowtt0rt5 Inc ICatatog Number: Type: ,Lob Name: COV4-132-EEPU s LIGHTING Fayetteville Courts Building A®5 B &POWER Engineer. GREEN ANDERSON 8OLU T IINB Notes: rPS0S-6509 Columbia LIGHTING •CoVeltgh%1 or2 EarrloT5.TsHO,f TT'< • Notched rellectereliminatessocketshadows • MaximumeRidency Shallas v!jJioa slngprofi e is tO ortwgfi$arT5/T5H0 mpoossserjons;'' • One l0W or5fWtwist tubelampuess section • Modular lengths simplify installation • Quickdisconnect plugs make row wir€ngeasy • (tinged refleclorallows quickaccesstowi€eway • Built-inallgnertabs connect fixture hous[ngsquickly, without extra parts PROJECT INFORMATION PI'elct Name ! Type Catalog No. CONSTRCd�Ttgtr�� -tile'�iVY�fi�[g'ht�s�rTsti�yCt� ri�iite-f6r�ett oxytde the mal€lestprofilesteelicodauico eirgbtIeoheto n h Industry. its nomInal AVx zi'3'sizeandchoiceofthreelamp crosssectlonsallowsfietdbititywh[[e providing excellent optics.Thepredselyformedreilector places maximum candela at low angles for uniform ceiling and wall illuminallon, and eliminatessocket shadows 0n the wall, Th a snap-i n reflector system permits easy ballast access without tools. FINISH Reflector finish Is standard high reflectance white polyester powder coat. All patched parts are treated with a five -stage phosphate bonding process and finished with a hlghtemperature baked white enamel. INSTALLATION The C0V is designed foriay-in installation in architectural coves. Bend over tabs allow a quids and simp le method to seCtue fixtures in rows, Holes are furnished in housing bottom for optional screw attachmentwberefixture must be secured to structure. Date 'lrt,ECT.i;lEditE �lsyd�tfic4aos P hermallypfotetted.e6(e re ing QP aliat huiidra#df4 All6alfad leadnextericitmsbaumof6 threiighaccess location, NECICECGcempbant bailout disconnect is standard. ��r~rri�tTr��V All tun inalres are buitt to UL 1598 standardsand.., bed[,apprgpnateULandlllLorC5Alabds aRip xota[iDly 6eh ag a(rt�trd mergency-equipped fixiuies is ele UL' 92 ' ORDERING INFORMATION EXAMPLE COV4-232-EU lF` - x1 3 gip: tj - re °8elp: 2 2 r 14 TT514Watt E 6ectrone39,tnstanr ^ DV27U„' MS Masled5ateBee 3 3' - t : 21 3, TS: 2d Watt Stan :;:,::. ,,:_-, 347 347v (2 fissures,1 ballasQ 4<d 2 TwoUlAssith 28 4;TS:ISWarn 3E 3-tsmptlrcnndcTfi, SMS SxerrteRdasrevlsarnite 6 V TTlampsi 24 2T5110:24wan InStOLStdW (3fitrures,1ballast) 8 &' 39 3TSHG:39Watt 4E 4-LampElectrontcl8, €nsaerSrarr SMSS Satellte&Masier 54 9', TSH0:54Wmt ,'ri[. Satdlkeltar&tre [4 Atlsnes,1 ballast) 11 2',T&47Ware PdYia,{{Tm.;jilrtstd: T8sO,ndJR GER Fast8lawfm 25 3,T&25 Watt GMF SlawBlowFrue "31:;JiJa3230.2Ba :�`.".:`25y E.O tin Eeamalc wentube, Instan[Star6(SPedfy EL Emergersry8atteyPack vol age) NYC NYCCompilant 4011 Wet Wet 'arasewith5b15optionar _ NYCU NYCCaopliantUn€as SORT twar T°6e'S0 1-lampenhs. Labeled Watt Porurvwith5MSSo nail 14ampunit o MSopeionan 2 -leap snits. Page tl2Rev, 03/27/09 RECESSED ARCHIIECTURAL/COV e 2009 Cclumbia Lighrrng,a dMsion of Hubba Lighting, trot. Specliecarions subject to ebangewlthout erotica. 701 Millennium Blvd, Greenville, SC 2%07 / Ter 864,678.50001Tech Support 864.679.1668 / Webslte www.catumbrattghtshg,wm lumdwbaa.. ILM DESCRIPTION Parabolic Baffle and/or Bold Baffle Series 76 are staggered lamp perimeter lighting systems providing a shadowless wall wash configuration of totally uninterrupted continuous light. The lighting is shadowless, continuous and unbroken, utilizing one or two lamp staggered. Runs and patterns are field adjusted. There are no blank filler sections, visible joints, mullions, or hardware. The floating wall angle and ceiling trim with heavy extruded aluminum, rigid, straight and true with a 3/8" regress soft lit edge. The Parabolic Baffle lamp shielding element utilizes an efficient, optically perfect, high without attention glare. The Bold Baffle lamp shielding element utilizes an efficiently optically perfect, high gloss white reflector and semi -gloss 3/16" thick Bold Baffle. Vertical and horizontal foot candles are high, the ambience is soft and forgiving. NOTE. Fixture shall be installed before ceiling. SPECIFICATION FEATURES A.••Construction C•••Electrical 20 -gauge steel housing. 120, 277 or 347 volt, electronic B'- Shielding ballast- Fixtures and electrical White bold baffle. Pearlescent components certified to UL and parabolic baffle. CUL standards. A B DE C 12' 1305mm] —7-11116' 1196mrn] 9-1/8[232mm] CEILING TO WALL OPENING 9.1/2' [242mm] ORDERING INFORMATION Catalog r* Type Project Comments Prepared by Date D ---Finish Baked on low gloss white powder coated polyester. E• --Staggered Lamps T8=3". TSB" Mounting Recessed. 6-1/2' [216mm1 Series 76 1 & 2T8 1 & 2T5 1 & 2T5HO PERIMETER RECESSED DIRECT WALL WASH Light Distribution Indirect - 0.0% Direct - 100.0% SAMPLE NUMBER; 7e-2T8.58-2EB-SI-S58 76 ' i , Series Number of Laps firpe Run length r2277V e' Sanest Emergencysing 7f Perimeter (not lncfudedi r T8 Overall Nominal 112V I E9 Electronic 7allast EM=Emergency Pack rG4LR 1-1 lamp [ T5 Run Length ft. {Standard) ] fConsult Factory) l GMF 2 2 Lamps 115H0 V 1DBDImmIng Stillest Shielding Options Switdring Options S58=KSH-12 Clear Acrylic SI=Single Switching $72�Bold Baffle DU=Dual Switching S79::Parabolic Baffle COOPER Lighting r Not all options availabla. please Consultyour Cooper Lighting Represenrarrle for availability. www.coope rl1ghtfng.corn NOTE: SpecificaNens and dimensiene are subject to change witl,out notate. ADNO41935 N509 AY PHOTOMETRICS on ias- Coefficients of Utilization Candela _._... Effectivefloor cavity reflectance 20% Angle Along II 45" Acrossi rc $0% 50% 30% 0 1723 1723 1723 rw 70 50 30 10 50 30 10 50 30 10 5 1706 1750 1800 RCR 10 1615 1532 1746 1 49 45 46 45 45 44 43 43 43 42 15 1554 1580 1683 2 46 43 41 39 41 39 43 40 38 37 20 1756 1577 1596 3 43 39 36 34 37 39 38 36 34 33 25 1776 1548 1439 sa• 4 40 35 32 30 34 31 29 33 31 29 30 1750 1582 1325_ 5 37 32 29 2G 31 28 26 30 28 26 35 1559 1433 1109 6 35 29 26 24 28 26 23 28 25 23 40 1343 1270 934 7 32 27 24 21 24 21 19 26 23 21 45 1107 1017 711 8 30 25 22 19 24 21 18 24 21 19 50 847 808 562 9 28 23 20 18 22 20 18 22 19 18 55 594 599 408 10 27 21 18 16 21 18 16 20 18 16 60 379 358 155 65 167 169 51 o 70 53 30 32 Zonal Lumen Summary 75 36 13 23 7fi 80 4 4 18 (2) F40T12RS/WW Zone Lumens %Lalnp %F€xture 85 2 2 17 3200 Lumens 0-30 1188 18.6 42.0 90 0 0 0 Efficiency 44.3% 0-40 1831 2&0 64.6 0-60 2696 42.0 96.0 Test Report 0-90 2832 44.3 100.0 #3907.0 90-180 0 0.0 0.0 0-180 2832 44.3 100.0 Total Lumina€re Efficiency = 44.3% RUNS & PATTERNS STANDARD ILLUMINATED SECTIONS MITERED CORNERS ARE INSTALLED CONTINUOUS AND UNBROKEN, AND ARE FIELD ADJUSTED 12-1INSIDE MITEERERE D CORNER STANDARD ILLUM€NATED SECTIONS 12 5116° OUTSIDE MITERED CORNER I. ALUMINUM HOUSING FIELD CUT TO SUIT SHIELDING INFORMATION S58 Acrylic Lens $72 Bold Baffle 118" thick, clear acrylic 1" high x 1.2o.c., 3116` prismatic lens. thick aluminum baffle, continuous and unbroken, no visible joints. CO ER Lighting S79 Parabolic Baffle 1-1I4high blades. 2.4" o.c., semi-soecular lo -brightness Pearlescent Aluminum baffle. Continuous and unbroken, no visible joints. NOTE: Specifications and Dimensions subject to change without notice. Visit our web site at wwwcooperlighting.com Neo-Ray 100 Andrews Road Hicksville, NY 11801 516.470.1000 FAX 516.470.1077 ADN041935 David Ellingson From: Joey - Dyer Electric,lnc. [jpolley@cox.net] Sent: Tuesday, March 16, 2010 3:49 PM To: David Ellingson Subject: Re: Fayetteville District Court Facility - Bathroom Lights $ 420 Original Message ----- From: David Ellingson To: Joey - Dyer Electric,Inc. Sent: Tuesday, March 16, 2010 3:27 PM Subject: RE: Fayetteville District Court Facility - Bathroom Lights How much labor do you think it will cost? David R ElUngson Project Manager - LEED AP Kinco Constructors, LW 3803 Kelley Ave. Springdale, AR 72762 Office: (479) 751-8606 Mobile: (479) 263-3352 Fax: (479) 751-5659 dellingson kiinco.net ............ From: Joey - Dyer Eiectric,Inc. [mailto:jpolley@cox.net] Sent: Tuesday, March 16, 2010 3:30 PM To: David Ellingson Subject: Fayetteville District Court Facility - Bathroom Lights " A05B " Columbia Lighting COV4-132-EPU ( as was approved and is currently installed ) $ 39.24 each ( 8 ) total $ 313.92 " NeoRay " as specified (to replace type "AO5B" ) $ 429.12 each (8)total $ 3,432.96 Note: All pricing includes tax, shipping cost, and rn/u . Note: This does not include any labor cost associated with having to hang fixtures for the second time. (3/12/2010) Peggy Bell - Fwd FW Fay Dist Court Facility Page 1 From: Lynn Hyke To: Peggy Bell Date: 3/11/2010 4:54 PM Subject: Fwd: FW: Fay Dist Court Facility Attachments: aO5 replacement submittal.pdf FYI Lynn A. Hyke Construction & Contract Manager lhvke (a� ci .fa yettevi lie. ar. us (479) 466-7589 TDD (Telecommunications Device for the Deaf): (479)521-1316 The U.S. Census takes place during March and April of this year. >>> "David Ellingson" <dellingson@kinco.net> 3/11/2010 10:14 AM >>> Lynn, These NeoRay fixtures that Matt wants are $328/ea before any tax or markups. The originally scheduled A05 fixtures called for in these 8 locations were $36/ea before any tax or markups. I feel that my electrical contractor should be reimbursed for the material cost difference between these two fixtures (plus allowed mark-up). What are your thoughts? David R. Ellingson Project Manager - LEED AP Kinco Constructors, LLC 3803 Kelley Ave. Springdale, AR 72762 Office: (479) 751-8606 Mobile: (479) 263-3352 Fax: (479) 751-5659 dellingson(a�kinco. net From:Matt Veasman fmailto:matt.veasman@oolicearchitects.com1 Sent: Monday, March 08, 2010 8:58 AM To: David Ellingson Cc: Lynn Hyke; Peggy Bell; Paul Becker; Bert Jones Subject: RE: Fay Dist Court Facility From:David Ellingson fmailto:dellinosoncakinco.net1 Sent: Friday, March 05, 2010 12:45 PM To: MattVeasman Cc: Lynn Hyke; Peggy Bell; Paul Becker; Bert ]ones Subject: FW: Fay Dist Court Facility Matt, Please provide the exact catalog number you want for the NeoRay Fixtures. (see attached) (3/1212010) Peggy Bell - Fwd: FWTFay Dist Court Facility Page 2 David R. Ellingson Project Manager - LEED AP Kinco Constructors, LLC 3803 Kelley Ave. Springdale, AR 72762 Office: (479) 751-8606 Mobile: (479) 263-3352 Fax: (479) 751-5659 deIUnnson@kinco.net