Loading...
HomeMy WebLinkAboutOrdinance 6433113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6433 File Number: 2021-0299 1155 PROPERTIES, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 1 155 PROPERTIES, LLC FOR THE UPSIZING OF A WATER LINE ALONG DRAKE STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $47,752.10 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $4,775.21 WHEREAS, 1 155 Properties, LLC is developing property at the northwest corner of Gregg Avenue and Drake Street; and WHEREAS, the developer is required to reconstruct approximately 490 feet of existing 8-inch waterline along Drake Street due to the needed grading cut in this area for the project; and WHEREAS, the City's water master plan identifies a 12-inch waterline grid every'h-mile and this reconstruction provides an opportunity to cost share for a 12-inch line instead of 8-inch line at an estimated cost to the City of $47,752.10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with 1 155 Properties, LLC, to upsize an 8-inch waterline along Drake Street to a 12-inch waterline with a refund in an amount not to exceed $47,752.10 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further Page 1 Printed on 5119121 Ordinance: 6433 File Number. 2021-0299 approves a project contingency in the amount of $4,775.21. PASSED and APPROVED on 5/18/2021 Attest: •n— YE7�-EV,LLE : Z Kara Paxton, City Clerk Treasare' doIiIIk 01 Page 2 Printed on 5119121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 I Q (479) 575-8323 I111 Text File File Number: 2021-0299 Agenda Date: 5/18/2021 Version: 1 Status Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: CA 1155 PROPERTIES, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 1 155 PROPERTIES, LLC FOR THE UPSIZING OF A WATER LINE ALONG DRAKE STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $47,752.10 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $4,775.21 WHEREAS, 1 155 Properties, LLC is developing property at the northwest corner of Gregg Avenue and Drake Street; and WHEREAS, the developer is required to reconstruct approximately 490 feet of existing 8-inch waterline along Drake Street due to the needed grading cut in this area for the project; and WHEREAS, the City's water master plan identifies a 12-inch waterline grid every'/ -mile and this reconstruction provides an opportunity to cost share for a 12-inch,line instead of 8-inch line at an estimated cost to the City of $47,752.10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with 1 155 ?roperties, LLC, to upsize an 8-inch waterline along Drake Street to,a 12-inch waterline with a refund in an amount not to exceed $47,752.10 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $4,775.21. City of Fayetteville, Arkansas Page 1 Printed on 511912021 City of Fayetteville Staff Review Form 2021-0299 Legistar File ID 5/18/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 4/27/2021 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a cost share agreement with 1155 Properties, LLC i-i an amount not to exceed $47,752.10 for the upsizing of a water line along Drake Street adjacent to the Drake Farms Phase 1A Large Scale Development project, and approval of a project contingency in the amount of $4,775.21. Budget Impact: 5400.720.5600-5808.00 Water and {ewer Account Number 04039.1 Project Number Fund Water/Sewer Impact Fee Cost Sharing Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 3,180,649.00 $ 2,511,848.33 $ 668,800.67 $ 52,527.31 $ 616,273.36 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 18, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: April 27, 2021 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with 1155 Properties, LLC for Upsizing a Water Line along Drake Street RECOMMENDATION: Staff recommends the approval of a cost share agreement with 1155 Properties, LLC in an amount not to exceed $47,752.10 for the upsizing of a water line along Drake Street adjacent to the Drake Farms Phase 1A Large Scale Development project, and approval of a project contingency in the amount of $4,775.21. BACKGROUND: 1155 Properties, LLC is developing property at the northwest corner of Gregg Avenue and Drake Street. They are required to reconstruct a portion of existing 8-inch diameter waterline (Approx. 490 linear feet) along Drake Street due to the needed grading cut in this area for the project. The City's water master plan identifies a 12-inch waterline grid every '/-mile and therefore this reconstruction provides an opportunity to cost share for a 12-inch line instead of 8-inch. DISCUSSION: The developer received separate quotes from their onsite utility contractor TBE Arkansas, LLC for both the 8-inch waterline and the alternative 12-inch waterline. The difference in installation costs, increased engineering and developer effort is detailed in the attached request letter. Staff recommends approval of 100% of the upgrade costs, excluding Developer Overhead and Profit and excluding the 25% share of the 8-inch line required separate from this cost share. Staff recommends the approval of the cost share agreement with 1155 Properties, LLC in an amount not to exceed $47,752.10 for the upsizing of a water line along Drake Street and approval of a 10% project contingency in the amount of $4,775.21. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water and Sewer Fund. Attachments: Cost Share Agreement Exhibit A — Map Exhibit B — Developer Request Packet, with Staff notes Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of May, 2U21, by and between the City of Fayetteville, Arkansas ("City") and 1155 Properties, LLC ("1 155 Properties"), witnesseth: WHEREAS, 1 155 Properties, LLC is developing property known as Drake Farms Phase 1 A Large Scale Development and is required to construct an offsite 8-inch wafer line to facilitate the development which will be served by the City of Fayetteville's water system; and WHEREAS, the City's Water Master Plan recommends a 12-inch wafer line in this area to provide capacity for future development; and WHEREAS, constructing this segment of water main will allow 11 55:Properties to obtain •water service to develop the property known as Drake Farms Phase I Large Scale Development, allow the City to upsize the water line from 8-inch to 12-inch to follow the reconunendation of the tity's=Water Master Plan, and also allow for ample future capacity which the City recognizes will be necessary for the area that is served by this water main. NOW, THEREFORE, the City of Fayetteville, Arkansas and 1155 Properties, LLC agree as.foll6-vvs: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse 1155 Properties, LLC for 100% of the cost to upsize the required fl- inch water main to 12-inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $47,752.10, as was estimated by the builder's representatives and shown on Exhibit "B", attached. B. Payments due to 1 155 Properties, LLC, shall be remitted within sixty (60) days after receipt of valid invoices. 2. 1155 Properties, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineer;ng Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. C. Pay for the water main installation (with reimbursement by the City of Fayetteville in a not -to -exceed amount of $47,752.10). Page 1 of 2 IN AGREEMENT WITH ALL THE TERNIS AND CONDITIONS ABOVE, WE SIGN BELOW: 1155 PROPERTIES, LLC CITY OF FAYETTEVILLE, ARKANSAS AlNEAL PENDER RAFT, N D RDAN, Mayor Manager ATTEST: ATTEST: By: By:A— X24 M KARA PAXTON, ity Cler c NSAS coo 1; Page 2 of 2 Approximately 490 linear feet of 12-inch Waterline proposed C I�If' t _ � 253' 6DIP t EXHIBIT A 6ga E - �' ." �I e q �51F t. )- 6PVC:. owl ' _ C t., 2300 CORDON LONG PARK -t • a se 6 n g [7 V I J�; 6 2751 _.. 273 „? ., fill 271i 271 .. a • ^7Pl T, rI ,, 2 t�F: EXHIBIT B Drake Street Waterline Replacement and Upsizing Costs COSTS FOR WATERLINE LOWERING/ REPLACEMENT - 8" Amount Unit Q y Total Principal Developer $ 300.00 Hrly 11 $ 3,300.00 Director of Development $ 225.00 Hrly 28 $ 6,300.00 Utility Contractor Bid * $ 83,085.00 LS _ $ 83,085.00 General Contractor Fee 10 % of UC Bid $ 8,308.50 Civil Engineering Design Cost $ 7,000.00 LS $ 7,000.00 Civil Permitting/ Coordination $ 5,000.00 LS 1 $ 5,000.00 Civil Engineering Construction Administration $ 5,000.00 LS 1 $ 5,000.00 Civil As -Built Survey $ 4,600.00 LS 1 $ 4,600.00 Civil As -Built Record Drawings $ 3,000.00 LS 1 $ 3,000.00 SUBTOTAL $ 125,593.50 Developer Overhead 5.0 % of Subtotal $ 6,279.68. Developer Profit 10.0 % of Subtotal $ 12,559.35 TOTAL $ 144,432.53 Cost Share Request: 25% of Total $ 36,108.13 ADDITIONAL COSTS FOR WATERLINE UPSIZING TO 12" Amount Unit Qty Total Principal Developer $ 300.00 Hrly 9 $ 2,700.00 Director of Development $ 225.00 Hrly 16 $ 3,600.00 Utility Contractor Bid ** $ 36,011.00 LS 1 $ 36,011.00 General Contractor Fee 10 % of UC Bid $ 3,601.10 Additional Civil Engineering Design Cost *** $ 1,840.00 LS 1 $ 1,840.00 SUBTOTAL $ 47,752.10 Developer Overhead 5.0 % of Subtotal $ 2,387.61 Developer Profit 10.0 % of Subtotal $ 4,775.21 TOTAL $ 54,914.92 Cost Share Request: 100% of Total $ 54,914.92 Total cost share request for waterline replacement and upsizing: $ 91,023.05 City Staff * Priced 09/28/2020 recommended costshare amount ** Priced 02/01/2021 - Total Bid Amount $119,096 *** 8" Civil Engineering Design Completed Prior to Request to Evaluate 12" Option No additional civil engineering fees associated with permitting, construction administration, survey, or record drawings, beyond what was initially required for the 8" replacement line. Submitted to C. R. Crawford Construction 1110 S. Happy Hollow Rd. Fayetteville, AR 72704 Utility Contractor Bid 8" Replacement Water Line TBE Arkansas, LLC 2013 N Old Missouri Road Springdale, AR 72764 PH: (501) 424-0051 - FAX: (205) 878-3082 Waterline Change Order W ficeRDate2020 DESCRIPTION OTY. 1 UNI F PRICE 8 Waterline Main Material 1 LS $ 56,747.07 $ 56,747.07 Bedding & Thrust Blocks 1 LS $ 8,280.87 $ 8,280.8 Labor 1 LS $ 5,801.50 $ 5,801.50 Machine Time 1 LS $ 11,345.56 $ 11,345.56 LOD Change 1 LS $ 910.00 $ 910.00 Based on Plan Set Rev. 8 Dated 8/28/20 Exclusions: City. State. County Permits Geo Tech Soil Testing Survey & Staking Relocation of Existing Utilities TOTAL I S 83,085 TERMS: Net 30days NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAYTHOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OFAMECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429 RS MO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR'LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED ON THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU PAYING FOR LABOR AND MATERIAL TWICE. IF CONTRACTOR OBTAINS THE SERVICES OF AN ATTORNEY FOR ANY PROCEEDING RELATING TO THIS BID/INVOICE. THEN THECUSTOMER SHALL PAYALLATTORNEYS'FEES AND COURTCOSTS INCURRED BY CONTRACTOR. THIS PROPOSAL SUBJECT TO CHANGE IF NOT ACCEPTED WITHIN THIRTY (301 DAYS OF DATE STATED ABOVE. Prepared By; Date Accepted By: Date Tc.�4 o”, ";f" 0. 0 ® ADDITIONAL VVORK Civil Engineering Proposal 8" Replacement Water Line ❑ CHANGE IN SCOPE OF SERVICES EXTRA WORK AUTHORIZATION VIORK WILL BE PERFORNI ED UNDER THE SAME TERMS a CONDITIONS AS IN ORIGINAL AGREEMENT: UNLESS OTHERWISE STATED THESE SERVICES WERE VERBALLY DIRECTED AND/OR APPROVED BY: (Morgan Hooker) ON: (7/112020) DATE: July 10, 2020 CLIENT: 1155 Properties, LLC PROJECT NAME: Fayetteville AR/ Drake Farms- Multi -Phase CLIENT CONTACT: Neal Pendergraft PROJECT NO.: 31296 PROJECT MANAGER: Ryan Evitts DATE OF CURRENT CONTRACT: 05/03/19 Description of Services & Compensation: See attached Exhibit A for scope of services and compensation proposed. If this Authorization is not executed within 30 days, it becomes null and void. This Authorization is only valid if addressed and executed by the authorized signature of the original contracted entity or its assignment as approved per the original contract Terms and Conditions. Agreed to by CEI ENGINEERING ASSOCIATES, INC. (Signature) (Date) Distribution: Agreed to on this date: (Company Name) (Company Authorized Representative & Title) (Signature) PLEASE SIGN & RETURN ORIGINAL ❑ CALIFORNIA ❑ TEXAS - DALLAS ❑ TEXAS-HOUSTON 7543 N, Ingram Avenue Tn Nest Plaza •1800 Swim Give Boulevard Suite 107 3030 LEU Frea vay Sure 100 Suile 120 Fresno. CA 93711 Dallas. rX 752-W Staford. TX 77,377 (3591447.3t 19 (372)438-3737 (281N94-0380 t5531-I»7.3129 Fnti (972)38"732 FAR (231).194.0309 FAX 0 ARKANSAS ❑ MINNESOTA ❑ PENNSYLVANIA 3108 SW Regency Park,.ay 2223 5' Streat 5s0 ro.,msho hne Roac Scala 2 = 10313 smte 450 9eutolm1I1a. AR 727!2 While Bear Lake, LIN 55170 Blue Bell. PA 19.122 t 79) 273.947' (800) 433-1173 1800) 433417 3 '479) 273-08,14 FAX 1155 Properties, LLC Fayetteville AR/ Drake Farms- !Hater Line Loviering 07/ 1012020 EXHIBIT A PROJECT DESCRIPTION CEI understands the existing waterline located on the north side of Drake Street was discovered at 2 feet below existing grade while the contractor was undercutting for the installation of the construction exit shown on the approved Tract 3 development plans. CEI is aware the line will need to be adjusted to accommodate the proposed development grades and features of associated development. CEI understands the Developer has requested the waterline be lowered along the property frontage for both Tracts 3 and 4 respectively and minimally west of Tract 4 as required to complete the connection back to the existing water main. CEI understands the work will be submitted to the City of Fayetteville engineering department as a plan revision to the previously approved development plans for Tract 3. Once approved by the City, plans will be submitted to the Arkansas Department of Health for final approval prior to commencement of improvements. This proposal is based on preliminary discussions with the City concerning engineering review and approval process and services required to complete the associated work. All service and main extensions into the Drake Farms development will require adjustments and drawing revisions necessitated by the change in location of the existing line with additional adjustment likely necessary for landscaping within the waterline easement. Scope of services includes revisions to Tract 3 engineering plans reflecting the water line scope of work, permitting, construction observation, and as -built record drawings II. SCOPE OF SERVICES A. Updated Utility Plans (Drake Street Water Line Lowering) CEI project team to produce civil engineering construction drawings for water line relocation / lowering along the north side -Drake Street along property frontages associated with Tracts 3 and 4. The existing waterline was discovered by the contractor 2 feet below existing grade along the Drake Street right-of-way and will need to be lowered to accommodate the development associated with Tract 3 & 4. A concept sketch will be coordinated with the Developer (High Street Real Estate & Development) and Town Architect (Mike Watkins Architect) for evaluation of potential development conflicts and review of below grade utility locations that would compromise the at -grade aesthetic established for Drake Farms. The attached 'Exhibit B' shows the area of waterline relocation associated with this Extra Work. Phase of services is said to be complete when plans have been reviewed and approved by Client and submitted to the City of Fayetteville for their initial review. The work is expected to include the below items. • Development of design plans and profiles for water line lowering meeting City of Fayetteville and Arkansas Department of Health (ADH) specifications. • Analysis of existing and proposed grading expected to be completed with Tract 3 & 4 to ensure waterline depth supports proposed grade elevations for plaza space on the south side of building 1, porch and stairway connection on the south side of building 2, bike accessible coffee plaza and connection to Drake Street trail, future trail extension west, and driveway connections to Drake Street. • Review of future utility connections and/or extensions associated with Tracts 3-& 4 that could influence aboveground elements such as plazas, bollards, street trees, and on -street parking. • Revisions to construction plans for Tract 3 water main extension from Drake Street into development, hydrant leads including profiles, and fire suppression lead lines and profile associated with City -approved plans for Tract 3. • Review and analyze Tract 4 water line point of connection for future expansion into Tract 4 development. The following items are excluded from this Phase of Service: • Plan revisions associated specifically with the water line lowering, if any, required by Authority Having Jurisdiction. • Client requested meetings to discuss scope of work and at grade design vision impacts and weekly OAC coordination meetings shall be billed under Scope Item F, Discretionary Meeting Allowance of the original contract. Fees(lump sum)................................................................................................................................... $7,000.00 Page 2 of 4 1155 Properties, LLC Fayetteville ARi Drake Farrns- Water Line Lowering 07110/2020 B. Additional Permitting/Coordination (Drake Street Water Line Lowering) Updated plans, as required, shall be submitted to the jurisdiction for review and approval. Comments received will be reviewed and required plan revisions. will be completed and resubmitted until all jurisdictional comments have been satisfied. Scope of work includes project team time for responding to permitting comments received from City of Fayetteville engineering and Arkansas Health Department, coordination with project team to complete plan revision, and resubmittals. Phase of services is said to be complete when plans have been reviewed and approved by Arkansas Department of Health and final plans bearing the City of Fayetteville approval stamp have been issued for construction. The work is expected to include the below scope. • Preparation and completion of permitting submittal forms, narratives, Opinion of Probable Cost (OPC), and administrative time to compile and deliver submittals. • Project team coordination with jurisdiction, completing plan revisions associated with jurisdictional review comments, preparing comment responses, and attendance of meetings required by the jurisdiction. Fees(hourly, estimated)....................................................................................................................... $5,000.00 Reimbursable expenses are excluded from the fee quoted above. Expenses associated with this phase of services are estimated to be S500 to be invoiced in accordance with Section VI of the original contract. C. Additional Construction Administration (Drake Street Water Line Lowering) CEI is available as needed by Client to provide limited construction administration during the construction of this scope of work. Said services, which may also include Client -directed plan changes or other revision, shall commence upon final approval by the jurisdictional authorities. Required site observation for this project by the municipality is anticipated to be at weekly intervals throughout construction; the scope of services estimated below may be adjusted for more frequent site visits as requested by Client. Such services may include, but are not limited to preconstruction meetings with governmental entities or project team, reviewing contractor submittals, responding to contractor requests for information, construction observation as requested or required by the municipality, project record drawings, and final project site closeout as may be required. Inspections, submittals, and coordination for acceptance of the relocated watermain will be required as an independent and additional process with the City and are included in the estimated fees below. Construction staking is not included in this proposal, but this service is available to the Owner or Contractor upon request as an additional service. Fees(hourly, estimated)....................................................................................................................... $5,000.00 Construction Administration fees are charged only for services related to contractor support, such as responses to Requests for information (RFIs) or coordination of services such as testing or municipal inspections, services or revisions as requested by Client, or as required for jurisdictional acceptance. Fee estimate above is based on an assumed construction duration of 3 months, or (3) 5-day weeks and includes 1 hour of Department Manager, 4 hours of Project Manager, 6 hours of Project Engineer, 36 hours of Construction Observer, and miscellaneous administration expenses. Should requested Construction Administration services exceed estimated fees, such additional services shall be invoiced at the standard hourly rates as detailed in Section VI below. Reimbursable expenses are excluded from the fee quoted above. Expenses associated with this phase of services are estimated to be S500 to be invoiced in accordance with Section VI of the original contract. Page 3 of 4 1155 Properties. LC Fayetteville AR/ Drake Farms. Watcr Line Loeiering 07/1012020 D. Limited As -Built Survey (Drake Street Water Line Lowering) CEI suniey learn to collect limited as -built utility survey data consisting of surveying the location of gas line as marked by One -call utility locating services and existing waterline pipe elevations within test dig locations provided by contractor. Information will be. formatted for use by civil engineering team for reference during development of water line lowering / relocation drawings. Services also includes sunieying as -built waterline information as required by City of Fayetteville requirements. A sealed survey wil not be provided with this scope of work. All work will be supervised by an Arkansas Professional Land Sur,eyor. Client may choose to limit the amount survey time for initial project planning; however, it is recommended by the civil engineering team that gas and waterline data be collected for preparatior of civil engineering plans. Time required for as -built construction will vary based on the number of trips required to collect necessary information as noted per Scope Item E included below. CEI Project Team will cccrdinate with the contractor to limit the number of trips to the site but cannot guarantee the total number visits by survey crew to collect the required information based on unknown construction sequence proposed by Client's contractor. Fees(hourly, estimated) ................ .............:.......................................................................................... $4,600.00 Reimbursable expenses are excluded from the fee quoted above. Expenses associated with this phase of services are estimated to be $500 to be invoiced in accordance with Section V/ of the original contract. E. As -Built Record Drawings (Drake Street Water Line Lowering) Because it is essential that the relocated viatermain be accepted by the City in order to be placed in service to provide uninterrupted water service to its customers, it will be necessary to provide an additional and indepe6dent' field survey for record locations. As -built Record Drawings shall be prepared utilizing as -built data collected by CEI survey team. Plans shall be prepared and presented to municipal officials for review prior to requesting final acceptance of streets, sanitary, water line and storm sewers. Water drawings shall indicate the location where the water line was installed and have the following items surveyed during/after construction and shown on the drawings: • Fire hydrant - location and top operating nut elevation, valves, fittings, service lines, service saddles used for testing location, meters, and tapping sleeves. • Any other pipe penetrations, and steel encasement or marked sleeves. • Details shall be provided for all vertical offset water lines, profile drawings. • Pipe: manufacture, material, diameter, production code / lot code, pipe class, pressure class • Valves: manufacturer, model number, year manufactured, type, diameter • Hydrants: manufacturer, model number, year manufactured, depth of bury including extensions Fees(lump sum)................................................................................................................................... $3,000.00 Page ,1 of 4 Utility Contractor bid 12" Up -sized Replacernent Water Line TBE Arkansas, LLC 2013 N Old Missouri Road Springdale, AR 72764 PH: (501) 424-0051 - FAX: (205) 878-3082 Waterline Change Order Submitted to C. R. Crawford Construction 1110 S. Happy Hollow Rd. Fayetteville, AR 72704 Job Name Pendergraft Office Fayetteville, AR Change Order Date February 1, 2021 Dr:SCRIPTIONI CITY. UNITP A Waterline Main Material 1 LS $ 81,737.00 $ 81,737.00 Bedding & Thrust Blocks 1 LS $ 11,870.00 $ 11,870.00 Labor 1 LS $ 8,316.00 $ 8,316.00 Machine Time 1 LS $ 16,263.00 $ 16,263.00 LOD Change 1 LS $ 910.00 $ 910.00 Based on Plan Set Rev. 12 Dated 12-11-20 Exclusions: City, State, County Permits Geo Tech Soil Testing Survey & Slaking Relocation of Existing Utilities TOTAL Is 119,096 TERMS: Net 30 days NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF AMECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429 RS MO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR 'LIEN WAIVERS' FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED ON THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU PAYING FOR LABOR AND MATERIAL TWICE. IF CONTRACTOR OBTAINS THE SERVICES OF AN ATTORNEY FOR ANY PROCEEDING RELATING TO THIS BID/INVOICE, THEN THE CUSTOMER SHALL PAY ALL ATTORNEYS' FEESAND COURTCOSTS INCURRED BY CONTRACTOR. THIS PROPOSAL SUBJECT TO CHANGE IF NOT ACCEPTED WITHIN THIRTY (30) DAYS OF.DATE STATED ABOVE. Prepared By: Date Accepted By: Da to ® ADDITIONAL WORK Civil Engineering Proposal ' 12" Up -sized Replacement Water Line ❑ CHANGE IN SCOPE OF SERVICES EXTRA WORK. AUTHORIZATION WORY WILL BE PERFORMED UNDER THE SAME TERMS ° CONDITIONS AS IN ORIGINAL AGREEMENT: UNLESS OTHERWISE STATED THESE SERVICES WERE VERBALLY DIRECTED AND/OR APPROVED BY: Morgan Hooker ON: 11/11/2020 DATE: 11/20/2020 CLIENT: 1155 Properties, LLC PROJECT NAME: Fayetteville AR/ Drake Farms- Multi -Phase CLIENT CONTACT: Neal Pendergrah PROJECT NO.: 31296 PROJECT MANAGER: Ryan Evitts DATE OF CURRENT CONTRACT: 05/03/19 Description of Services & Compensation: Drake Street Watermain Lowering Upsizing See attached Exhibit A for scope of services and compensation proposed. if this Authorization is not executed within 30 days, it becomes null and void. This. Authorization is only valid if addressed and executed by the authorized signature of the original contracted entity or its assignment as approved per the original contract Terms and Conditions. Agreed to by CEI ENGINEERING ASSOCIATES, INC. Agreed to on this date: (Signature) (Date) Distribution: (Company Name) (Company Authorized Represen-ative & Title) (Signature) PLEASE SIGN & RETURN ORIGINAL ❑ CALIFORNIA ® ARKANSAS ❑ MINNESOTA ENNSY ❑ PENNSYLVANIA 3108 S4V Regwrr� Par:c.va7 2223 5"Buser 5°0 Lme Road Some 2 a W813 Sude •150 Bantonvillo, AR 72712 White Bear Lake. KIN 551 IG Blue Bell, PA 19a22 -t79 ) 273.0894 72 (' 1300) s33-4173 (800) s33� 173 (.175) 273-09JJ F.4X ❑ TEXAS- DALLAS ❑ TEXAS -HOUSTON 7543 N. Ingram Avenue TriWaGi rlaza 4800 Sugar Grove Boulevard Suite 107 3030 LBJ Fretr.vay. Swe ICO Sub 120 Fresno. CA 93711 Dallas. TX 75234 Staffad. TX 77a77 15590. 37.3119 (072)488-3137 (29 ty a9a-0360 (559).1.17.3129 Fk( 197-7) 488-8732 FAX i C291) 94-0_O9 FAX 1155 Properties LLC Fayetteville AR/ Drake F arrns- Pipeline Revisions '11/20/2020 EXHIBIT A SCOPE OF SERVICES A. Watermain Upsizing Due to insufficient cover of existing watermain along the north side of Drake Street, CEI has previously completed drawings to detail the lowering of the subject watermain. CEI understands that City of Fayetteville Utilities Department has requested that Owner increase the watermain size from 8-inch to 12-inch to benefit future development within the City. CEI project team to produce civil engineering construction drawings for water line relocation/lowering with the larger diameter, adjust for any conflicts with other existing or proposed utilities, and coordinate design and drawing revisions for main extensions and service connections to the relocated and enlarged main. Drawings shall be submitted to City of Fayetteville staff and subsequently forwarded to the Arkansas Department of Health for any necessary reviews and approval. The attached 'Exhibit B' shows the area of waterline relocation associated with this Extra Work Authorization. Phase of services is said to be complete when plans have been reviewed and approved by Client and submitted to the City of Fayetteville for their initial review. Fees(lump sum).........................................................................................................................................$1,840.00 Page 2 of 3 1155Pmportioo LLC Fayetteville AR/ Drake Farms, Pipeline Revisions 11/20/2020 ' EXHIBIT VVATERMA|N UPSiZ|NG 2^m n General Contractor Contract Section 4.6 — Fees for Change Orders `-:A I AA Document A101" - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty -Fourth clay of .tune in the year-I'wo'I'hoifsand TwentyADDITIONS (In a worurr/.y, indicate clay, rnwrth and year) AND DELETIONS: The author of this document has BETWEEN the Owner: added added information needed for its (Nome, leg('/ stanrs. ad&ess and oilier in%ornrrttian) The author may also have revised the text of the original 2528 Mansfield, LLC AIA standard form. An Additions and PO Box 4245 Deletions Report that notes added Fayetteville, Arkansas 72702 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 and the Contractor: where the author has added (Name, legal staats. address alid other it forinarion) necessary information and where the author has added to or deleted CR Crawford Construction, LLC from the original AIA text. 1 102 S. Happy Hollow Road This document has important legal Fayetteville. Arkansas 72701 consequences. Consultatlon with an attorney is encouraged with respect to its completion or modification. for the following Project: The parties should complete (.Name, location and detcriled clescviptio)t) AIOte-2017. Exhibit A, Insurance and Bonds. contemporaneously with Pander Office this Agreement. AIA Document Nla StretBuilding 2528 N 1�latuticld Street A201e-.2017• General Conditions of Fayerieville, Arkansas 72703 the Contract for Construction, is adopted in this document by reference. Do not use with other The Architect: general conditions unless this (tVanre, legal status, adih'ess and other- information) document is modified. Nequette Architecture & Design 2227 2nd Avenue North Birmingham, Alabama 35203 The Owner and Contractor agree as follows. Init. AIA Document A1011- 2017. Copyright© t9i5. 1318, 1925, 193'7 1951. 1958. 1961. 1963, 1967. 1974. 1977. 1987. 1991. 1997. 2007 and 2017 by The - American Instituta of A-ctnects All rights raservad The Amer.c3n ins6ture or Archnecls ' 'A' 4 tr•e A:A i.oga '•4,0; ar.f VA Coni-ac•: Do-umrms are re,rstarea Kadrn:arhs and may not be used , thoul pe mrs3tar This document . as of duced by A..A software at 12 13:20 ET on 0612412020 under Orde• i INTO 208.1561 161 -which expires on 0710520'_ 1. is no: for resale, is licensed for one-:ime use only and way only De usec r. accordance %vith the AIA Contract 'Document, °'eras of Service To report ccpyeght vrotations. a -mad copyaghl(a ara 3fI User Notes: t389ADA301 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 (Pefragraph Oeleteeo ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementarv, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and ivloditications 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 Contrac: represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, reprsentations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a NIodi=ication, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shalt fully execute the Work described in the Contract Documents, except as specWtcally indicated in the Contract Documents to be the responsibility ofothers. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one ojrhe following bores.) [ J The date of this Agreement. ( ] A date set forth in a notice to proceed issued by the Owner. (X j Established as follows: (Insert a date or a rneons ro delermine the (late of c•onlmenc•emenr of the H'or•kj I Date of Building Permit or Notice to Proceed, whichever is later. If a date of commencement of the Work is not selected. then the date of commencement shall be tl e date of this Agreement. § 3.2 The Contract Time shall be measured lion) the hate of Conlnlencentent of the Work. § 3.3 Substantial Completion Init. AIA Document A101�- 2017. CupynghtQ 1915 1918. 1925, 1937 1951, 1958. 1961, 1963. 1987 1974 I977 1987. 1991, 1.197.26,07 and 2017 by Tte ^_ American Institute of Arconec;s All riilnis reserved Tne *Afnerlcan Inst tutu o: A.r_m:ecs.' :41A.' tna 4IA Lego "A 13' ' and W.A. Conuact Documents' are 2 registered vademarts and may not be usar; �wialdut pwm�ssinn Th-s doctnnent was pmdt.ced oy AIA software a: 12 13 20 9T cn 06.2d; 2e20 under Order f vo 2084561161 which expires or 07.105t2021. As not for resale, 1s licensed for one-time u::e only and may on oe used in acrox03nce wim the AIA C_nntiet 'ocum2nis•' T et•Tts of Service To -ecort cocynyht v cla6cr1S, e-mail cdpynyh:@ . ofg User Notes: t38aADA3r.1 § 3.3.1 Subject to adjustments of the Contract Time as pruvidcd in the Contract Documents. the C rintracior shall aehiCVe Sill"SU ttial C0111pletion Of the entire Work: (Check utfe o/'rhe follotr•iirg bo.ves and i ompleie the nec essmy ir�orinution ) ( X J Not later than FOUrteen ( Id j mondts from the (late of commencement of the Work. ( J I;y the It1110wing date: § 3.3.2 Subject to adjusonc❑Is ofthe Contract Time as provided in the C.'ontracl DOCUMC11B. if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, ifany, shall be assessed as slit forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current Funds for the Contractor's performance of the Contract. The Contract Sun1 shall be Six Million, Six Hundred Seventy -Three, Thousand Dollars ($ 6,673,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, ifany, included in the Contract Sum: Item Not appl icable Price § 4.2.2 Subject to the conditions noted below, the following alternates nitty be accepted by the Owner IbIlowing execution of this Agreement. Upon acceptance, the Owner shall issue a .Modification to this Agreement. (Insert below each alternate linnet the c•unditiurrs that must be rarer fur the Owner to ac•c•epl the ahernme.) Item Price Conditions for Acceptance Not applicable § 4.3 Allowances, if any, included in the Contract Sum: (Identh, each allowance.) Item Price Custom Vanities $21,000.00 Exterior Signage $15,000.00 Custom Steel Mirrors $6,000.00 Data, Security, R Access Control S30,000,00 Sitework Contingency $100,000.00 Building Contingency $125,000.00 Masonry Contingency $50,000.00 § 4AUnit prices, i f any: (ldentifp the itent culel ste re the unit price and quantirr liwitadons. ifan.V. to which the unit price will be applicable.l Item Not applicable Units and Limitations Price per Unit ($0.00) § 4.51, iquidated clantages. if any: (Insert terms and c'onclitiems for /igtfRk�rerl danra�es. r%uny t Init. AIA Doc ument A101�-2017. Cooyngm© 19'15 1918. 1925 1337 19551 1958, 1961 1963. 19117, 1974 1977. t9a7, 1991. 1997 2007 aro 2017 Dy The American, Institute of ArCnneCtS All ngnts reserved Tre 'Awarcar Instawa of Archnecls. :u.la. ipe AIA Logo. A 101 ' and 'A -A Contract Documerm' are registered trademarks and may not be used wilhuut pennt5smn This 9e_ument was Produced by AIA soforare at 12::3 20 ET on 06124;2020 :nder Once y No 2034561161 which expires on 07i0512021. S no: for r=_sate is licensed for une•Jrne use only, and may only be used in accordance vn:a the AIA Conrad ❑ocuments°7s:ms of Semice 'o repor,roasiign; violations, a-mei: copyr,5hl�ae ❑rg User Notes: 1389ADA30; Not applicable § 4.6 Other: `(ln-serl Pi�)ri.eitm7.c for hnmre nr other int•ttntires, if rmry dint nri(dlt result in a c•horc;e ro 111.2 C'onn•acv Smrn. i rlddilive change orders are cost of%vork plus 10'to; Deductive change orders arc cost of work only. 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 Owner 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 follo%Js: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the'l'w_nty-fifth day of a month, the Owner shall make payment of the amount certified to the Contractor not later than (fie Fifteenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Twenty-one ( 71 ) days after the Architect receives the Application for Payment. (Federal. slate or local laws miry require hgvment within a certain period of tune 1 § 5.1.4 Each Application for Payment shall be based on the moss 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 schedtle of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values 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 In accordance with AIA Document A20IT`1-3017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion ofthe Contract Sum properly allocable to completed Work: .2 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 a proved in advance by the Owner, suitably stored off the site at a location a. -reed upon in writirg; and .3 That portion of Construction Change Directives that the Architect determines, in the ,Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner: .2 The amount, ifany, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Anielc 9 of AlA Document A301 -2017; .3 Any amount for which the Contractor does nor intend to pay it Subcontractor or nttueral supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any WTI -)Lill[ for which the Architect may withhold payment. or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A10I—<017: and .5 Retainage withheld pursuant to Section 5.1.7. InfL AIADocurnontA101--2017.CopynOMv19'5,191319751937.195i 1,5a IMi1 19E31967197419771937 ,9r 1s3'2007an 2017by7^e \.marcan :nst tote of .4rJ,iter;L All ignls �esarvec the Littman Irsrkac m A�Cr.•tys 'A!A G^r. AtA Logo, ' \'e t and 'AIA yonnact Uoctin, ere registerea :•ademarns acd reap tot oe used .rlr cur Berri ss:on T`1,s document was pn:Juce: b7 a1�. snir.•:are at 12 ' 3 20 E r oci JEr2412C20 under Grce- t No 208.1561 161 wipe.^ atores on 371051W:21 s not for •esuia -s ,:censad ror one-trq'e ..se only, and may only oe —ed n acccrcance wir: the ;\IA CO7..ntenx'• TCRrs p14:ery ce To recoil ;o%fight oclalions, a^ma::BF}'rr�tll,itj 318 er7 User Notes: 3S^AD:\3t: § 5.1.7 Retainage § 5.1.7.1 I -or each progress payment made prior to Substantial Completion of the Work. the Owner may withhold the Following amount, as rmainage, from the payment otherwise due: (insert a Pei-centcrge or antown to be wahhelll rrs r•elailigge %l-fill? each . I pohcaliolr of r PaYmula. I ile a/1101 !ll OJ- relainal;e nTgv be limited hv^ go1,vi-nin,, fan' ) 10% § 5.1.7.1.1 The following iienl_s are not subject to retainage: (i)sert uny items not subject to the n-irhholiting of relainclge. such rrs general cvnc!Jlurr.c, insul-ance. efc. ) General conditions, insurance, and materials purchased by contractor. § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage establisher! in Si ctiun 5. 1.7 1 is to be uru/lijied prior• to Substantial C'onrpleriun c f rile entire II'ork, including otodiflcations for Substaniial Completion uj'pur•lioits uj'ihe I, or•k as provided in Sec'rrnn 3.3.2. insert provisions-%ur such nro(li ications.) Reduce to 5% once the project is 50% compleEe. § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainagt: withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert cult, other c'onclitions for release ofretainoge upon Subsionlia! Completion.) § 5,1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner'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 Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correci Work as provided in Article 12 of AIA Document A201-2017, 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 Owner'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: 30 days after issuance ol•Certificate of OCcupant:y if all punch list items are compiete § 5.3 Interest Paymcuts due and unpaid under tfte Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof. at the le_'al rate prevailing front time to time at the place where the Project is located. (Insert rule ofinteresr agiveedupon. ifwnv t 10 % annum AIADoerunontA'10'Is-20"17 Gooyr,grlG•t915 13•a '92:33 1937 1951 1950 196t '963•'9n7 19711 ;37' 1'3E7 •J91,1997?007anJ2017opTre _- Init. Am9ncen In>nano of Arco,teJn ts ,i ng-ts reserved 'he 'Amor-con rst:lata of Arhi:ects ADl - the at;- _ego A! J 1 and A1,q Cer.lra .: Drr.-A.ments :ve reg.stnr=d Irauamai <s ana may nut )e usac n'il`:out _evrnsstor Th s doct:n'ent •vas produCod uy Ali. soRwara a: 12 12'_'0 ET in J&2-1.2020 urdef C•dcr t No :.O8456 IE I arhicn o.ep res on 37:C5.207I is nor for resale s 1,cansed `or ene-ame use uVv and may enl7 ^_e used n scca'.:ance vrdh !te AIA C.ritacl CCcumerla" T_r'ua (if se'ure TO 9nl v'u atiOns C-ntdi AGyrgnu,Vard Crg User motes: r.?�aAnA3,a ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker 'I'he Architect will serve as the Initial Decision \•faker pursuant to Article 15 gFAIA Doeumenr A201-2017. unless the parties appoint below :mother individual, not a party to this Agreement, to serve as the Initial Decision &,taker. (Il the pen-fies utruttally a gt•ee, insert the mire, ur&lress anti uther c'omacl inlurinutiwt of the irlieird Oe c'i.-,iotr .t laker, if'olherthan the Architect ) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be its I61lows: (Check the nppropriale box.) ( ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 ( X ] Litigation in a court of competentjurisdiction [ ] Other (Specifj) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding; dispute resolution method other than Iitieation, Claims will he resolved by litigation in a court of competent jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Arkansas. The exc;usive venue for the litigation of any disputes arising hereunder or related hereto shall be either Washington Counry Circuit Coup or United States District Court, Western District of Arkansas, Fayetteville Division. By executing the Agreement. Owner hereby voluntarily, knowingly, and intentionally submits itself to the personal'jurisdiction of the eburts referenced herein for the purpose of litigating any and all disputes with Contractor related to this (Paragraph Deleted) Agreement, ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract -may be terminated by the Owner or the Contractor as provided in Article 14 of A IA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 ufAIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the autoura of, or method fi)r derernphiing;, the far.. J'tury, prriwbite to the Contractor fo(lntrvig (I rrrutin;u;otr for the Owner's c'nnvenierice.) § 7.2 The Work may be suspended by the Owner as provided in Article 1.4 nfAIA Document A20!-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reterence is made in this Agreement to a provision of At,\ Document A201-2017 or another Contract Document, the reflerence refer to that provision as amended or supplemented by other provisions -)f the Contact Documents. § 8.2 fhe Owner'; representative: INt AIA Document A 101 °— 2017. opyrryht 1 1915 1913. 1925, 193'-1951 t9-t! 19a i• t983 1967 IS7; `977�1387. 199 r I NT 20C, ano 207'r by Tno American Ins:ime of A•chitec:s Alf rights 'esePrea Tare *Amer can Ins:cu'.e of AmNlects AIA the .A:A Logo A R) r " are Alt Contrac! Dacl:rients ere registe:ed trademarkse Omit And rray rot ie used �cit ro,miss.un mus t1a::.arenl :ads {;rcd;.Ceo by Al4 sae:aare at Q ' 3 2C ET an C612.112020 untie: Over t NO 202.15c i i6 i which exp.res or 07 05t202 i is of for iesaie is •rcensej `or ire-1 me ose a^:7 ana •nay on.y oe „sec n axo. rjnco vnlr 1Pa A;A •^,or,:rags Oocr.rr•enisy Tarns ar S2r•,nce To eepcit camiriyhl "olatioris a-asa6 coo.."pt. 3aa nr0 User Notes, IJE9ADA30j I \tww. cuhhess•, email tnlr/ress. unr!ulr;ur inftua;+ari.�nJ Morgan Hooker HiIh Street Real Estate L. Development, LI,C 5530 Carley Road Springdale, Arkansas 72762 § 8.3 The Contractor's representative: (A:'ame, acklress•, enrailaddrvss. r111rl01htri1r%rn•111r11i011l I Jason Keathley or Trent Rogers 1 102 S. Happy Hollow Road Fayertevil le, Arkansas 72701 § 8.4 \'either the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A 101 r'41 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum and clsewhcre in the Contract Documents. § 8.5.2 The Contractor shall provide Builders Risk coverage in the anlount of the contract. (Paragraphs Deleted) § 8.70ther provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the rollowing documents: .1 AIA Document AIOIT'"-2017, Standard Form of Agreement Between Owner and Contractor 2 AIA Document A?-01""-2017, General Conditions of'the Contract for Construction fPcrr•agrcrphs DelererQ .5 Drawings Number Title Date I Exhibit C Drawing Log .6 Specifications Init. AIA Document A1012017, Ccpyngh: ? 10:5. 1918, 1525 193' 1951+1959 :96' IC63 :36" I37s, 1377 t98: 199 t ISO' 20e' art 2017 by The Amer,carl Irst•iute ef-4•cn,tect6 %1l I.ghtS reserve;—t•e-Ante,,ca;1 .rsl Wle :f arCtlaects 'A,A the AIA _090 •a 101 'and MA. C.am mut .D,ucuments arc regsterea uadenana and nay not be uses wd^Ct.t derm35;0n this dacuTc^t was :rcd.rced by .AIA softera-e at 12 13 20 E r 0, 06124.2020 ,,ndar ora0r r 90 Z08455'' 'E' w^ictl exp ras on M05,n2 t, s not for resale s ,;sensed for one•15ne use ;lvy and may � .fy be nsen ^ ac:ardance 11,1Ih the AiA C of:tmc: ]ocur"enc Ta•vu �i Semite —d r_prt conyrgnt v olaucrs c-ma t coos• g7:{ a:a org User Notes: 7 Section Title Date Pages Exhibit D Specification Log .7 Addenda,ifany: Number Date Pages Addendum rll NI ay 26. 2020 1 Addendum P2 Nlay 30, 2020 15 Portions of Addenda relating to bidding or proposnI requirements are not part ofthe Contract Ducutnents unless the bitlding or proposal requirements are also enumerated in thi; Article 9. ,8 Other Exhibits: .("Check all boxes lhnt apply oml incl-le Opp)-olwicile hf/6twrttllou idenft l.. (ng the extrbil uJret-e required.) [ J AIA Document E204r`t-2017, Sustainable Projects Exhibit, dated as indicated below: Onsert the date of the E204-2017 incorporated into this Agreement.) ( ] The Sustainability Plan: Title Date [ ] Supplementary and other Conditions of the Contract. Document 9 'Other documents, if any, listed below Title Pages Date Pages (List here any additional docrnnenrs that are lniended to fat-i t lxu•1 of the Co»trac•r Ducunrents . t!. I Ovcunrenr :•12r71'f`t2nr7 pror--ides that the ach.errL;•enrenl or inriturion m hirl. lttsn•ruinns ro Gidders, sample foruts, the Cotrh-exim-'s bid or proposal, portions q(.4tidenda r•elcaing to bidding or proposal requiremervs, and when h!fur-ntatiorrfin•tlished by the Duvter in anticipnfion of ,-ec•ei:•ing bids ur proposals, are not parr a%the Contract Documents tmless enunrerated in this Agreement .•I ny.crrc•h documents should be listed her only if itltended to be part (J'the Conn -act Doc'rnnarrts.) Exhibit A- Insuiranec Certificate - Exhibit B- Bid Breakdown dated June 23, 2020 This Agreement entered into as of the day and year first written above. L�OWNER (Signdmrre) C0 ACTOR Neal Pendergraft, Trustee for C.P. 4nson Keathlev. Vice President (H•irrretl tr[rnre and title) (Printed nrrure rordl rifle) AI Init. A Documant A41--) 017. Copyaghtm :9t5, 1913, 1925, 1937 t951, 7955. 16E1 '985. 195i. 1974, 197y, •037. 1991. 19g1 2007 and 2017 ey The -_ Amercan Insamte of Archnects AA rights reserved T-a -'` Y11-1,t -1 rdr• r 1 ,L, 4.•e:.-, �' n 1•, Ate ..,':! '0. �0I •i.0 -t � :art .1.• _•a..ra :5 a 4 ,.rQJt':d'>d u:Wcorxt s a-,) ita) lot an ., .o t :.,;re:.! -c;•-n=; w• Tn,s document was produced by AIA soft,,are at 12:13,20 ET.), GW2412020 urger order 1 ,'to 208.1561161 which a:..oires on 07r05,=021 ,s rot for,esa!e. is licensed for one-brile use only and may only ba used m arcr:Fance vAth ere -VA Com-.1c: Docuntems° Terms cf Sevice 'ro report cooynght violations a -mod copyngMewa orq Us or Notes: t3f10,%0 30!