Loading...
HomeMy WebLinkAbout192-08 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