Loading...
3183 RESOLUTION NO. 3,183 A RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF FIRr, STATION NO. FIFTEEN (15) TO H. L. UPTON COM- PANY; AUTHORIZING PAYMENT THEREFOR; AND FOR OTHER PURPOSES. WHEREAS, bids were advertised and taken pursuant to law for the construction of Fire Station No. Fifteen (15) pursuant to plans and specifications prepared by Yandell Johnson, Architect ; and, WHEREAS, of the bids received, the bid of H. L. Upton Com- pany was the lowest responsible and responsive bid in the sum of Thirty-two Thousand Three Hundred Thirty-four and 40/100 Dollars ($32, 334.40) ; and, WHEREAS, it is the desire of the Board of Directors of the City of Little :rock, Arkansas, to let a contract to H. L. Upton Company for the construction of Fire Station No. Fifteen (15) ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. The low bid of H. L. Upton Company, in the sum of Thirty-Two Thousand Three Hundred Thirty-Four and 40/100 Dollars ($32, 334.40) for the construction of Fire Station No. Fifteen (15) , is hereby accepted. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to enter into and to execute in behalf of the City of Little Rock a contract for the construction of Fire Station No. Fifteen (15) , which contract shall be in form and substance as follows: THE AMERICAN INSTITUTE OF ARCHITECTS AIA DOCUMENT SEPT. 1963 ED. A107 W THE STANDARD FORM OF AGREEMENT erl F; BETWEEN OWNER AND CONTRACTOR cn THE ALA SHORT FORM CONTRACT FOR SMALL CONSTRUCTION CONTRACTS WHERE THE BASIS OF PAYMENT IS A STIPULATED SUM FOR OTHER CONTRACTS THE AIA ISSUES THE STANDARD FORMS OF OWNER-CONTRACTOR AGREEMENTS AND THE STANDARD GENERAL CONDITIONS FOR THE CONSTRUCTION OF BUILDINGS FOR USE IN CONNECTION THEREWITH THIS AGREEMENT made the Sixth day of July in the year Nineteen Hundred and Sixty-Four BY AND BETWEEN The City of Little Rock, Arkansas hereinafter called the Owner, and H. L. Upton hereinafter called the Contractor. WITNESSETH , That the Owner and the Contractor, for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK— The Contractor shall furnish all of the material and perform all of the work for General Construction, Plumbing, Heating and Air conditioning, and Electrical Work. as shown on the Drawings and described in the Specifications entitled Fire Station No. 15, 9017 Kanis Road, Little Rock, Arkansas prepared by Yande l l Johnson, A.I.A. Architect all in accordance with the terms of the Contract Documents. ARTICLE 2. TIME OF COMPLETION—The work shall be commenced and completed as follows: Work started on or about 13 July 1964, and substantially completed within 120 calendar days. ARTICLE 3. CONTRACT SUM—The Owner shall pay the Contractor for the performance of the Contract subject to the additions and deductions provided therein in current funds, the sum of cn Thirty-Two Thousand, Three-Hundred & Thirty Four & 40/100 dollars. ($ 32,334.40 ) b • C m OWNER-CONTRACTOR AGREEMENT AIA DOC. A107 SEPT. 1963 ED. FOUR PAGES ©1963 The American Institute of Architects PAGE 1 1736 New York Ave NW.,Washington,D.C. i ARTICLE 4. PROGRESS PAYMENTS—The Owner shall make payments on account of the contract, upon requisition by the Contractor, as follows: On the 10th of each month, the Contractor will be due an amount equal to the value of the work completed and materials suitably stored on the site on the 1st of the month, less a retainage of 10%. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT—Final payment shall be due 14 days after completion of the work, provided the contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS—Contract Documents are as noted in Article 1 of the General Conditions. The following is an enumeration of the drawings and specifications: General Conditions Supplementary General Conditions Specifications - dated: 25 May 1964. Drawings - dated: 25 May 1964 Sheet Nos. 1,2,3,4,5,M-1,E-1. OWNER-CONTRACTOR AGREEMENT FOUR PAGES AIA DOC. A107 SEPT. 1968 ED. PAGE 2 • GENERAL CONDITIONS ARTICLE I. CONTRACT DOCUMENTS ARTICLE 10. OWNER'S RIGHT TO TERMINATE THE CONTRACT The contract includes the AGREEMENT and its GENERAL CONDITIONS, the DRAWINGS, and the SPECIFICATIONS. Two Should the Contractor neglect to prosecute the work prop- or more copies of each, as required, shall be signed by both erly, or fail to perform any provision of the contract, the parties and one signed copy of each retained by each party. Owner, after seven days' written notice to the Contractor, The intent of these documents is to include all labor, and his surety if any may, without prejudice to any other materials, appliances and services of every kind necessary remedy he may have, make good the deficiencies and may for the proper execution of the work, and the terms and deduct the cost thereof from the payment then or thereafter conditions of payment therefor. due the contractor or, at his option, may terminate the The documents are to be considered as one, and what- contract and take possession of all materials, tools, and ever is called for by any one of the documents shall be as appliances and finish the work by such means as he sees binding as if called for by all. fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid ARTICLE 2. SAMPLES to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the The Contractor shall furnish for approval all samples as Owner. directed. The work shall be in accordance with approved samples. ARTICLE H. CONTRACTOR'S RIGHT TO TERMINATE CONTRACT ARTICLE 3. MATERIALS, APPLIANCES, EMPLOYEES Should the work be stopped by any public authority for a Except as otherwise noted, the Contractor shall provide and period of thirty days or more, through no fault of the Con- pay for all materials, labor, tools, water, power and other tractor, or should the work be stopped through act or neglect of the Owner for a period of seven days, or should items necessary to complete the work. Unless otherwise specified, all materials shall be new, and the Owner fail to pay the Contractor any payment within both workmanship and materials shall be of good quality. seven days after it is due, then the Contractor upon seven All workmen and sub-contractors shall be skilled in their days' written notice to the Owner, may stop work or for trades. nate the contract and recover from the Owner payment nt for all work executed and any loss sustained and reasonable ARTICLE 4. ROYALTIES AND PATENTS profit and damages. The Contractor shall pay all royalties and license fees. He ARTICLE 12. PAYMENTS shall defend all suits or claims for infringement of any Payments shall be made as provided in the Agreement. The patent rights and shall save the Owner harmless from loss making and acceptance of the final payment shall constitute on account thereof. a waiver of all claims by the Owner, other than those ARTICLE 5. SURVEYS, PERMITS, AND arising from unsettled liens or from faulty work appearing REGULATIONS thereafter, as provided for in Article 9, and of all claims by the Contractor except any previously made and still un- The Owner shall furnish all surveys unless otherwise speci- settled. Payments otherwise due may be withheld on account fled. Permits and licenses necessary for the prosecution of of defective work not remedied, liens filed, damage by the t Contractor to others not adjusted, or failure to make pay- the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes ments properly to subcontractors or for material or labor. in existing facilities shall be secured and paid for by the ARTICLE 13. CONTRACTOR'S LIABILITY INSURANCE Owner, unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct The Contractor shall maintain such insurance as will pro- of the work and shall notify the Owner if the drawings and tect him from.claims under workmen's compensation acts specifications are at variance therewith. and other employee benefits acts, from claims for damages ARTICLE 6. PROTECTION OF WORK, PROPERTY, because of bodily injury, including death, and from claims AND PERSONS for damages to property which may arise both out of and during operations under this contract, whether such opera- The Contractor shall adequately protect the work, adjacent tions be by himself or by any subcontractor or anyone in- property and the public and shall be responsible for any directly shall Indirectly tten ford of either a them. mats iof damage or injury due to his act or neglect. surancy ci be as part for not less contract. any limits of liability specified as part of this contract. Certificates of • ARTICLE 7. ACCESS TO WORK such insurance shall be filed with the Owner and architect. ARTICLE 14. OWNER'S LIABILITY INSURANCE The Contractor shall permit and facilitate observation of the work by the Owner and his agents and public authorities The Owner shall be responsible for and at his option may at all times. maintain such insurance as will protect him from his con- tingent liability to others for damages because of bodily ARTICLE 8. CHANGES IN THE WORK injury, including death, which may arise from operations under this contract, and any other liability for damages The Owner may order changes in the work, the Contract which the Contractor is required to insure under any pro- Sum being adjusted accordingly. All such orders and adjust- vision of this contract. ments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the ARTICLE 15. FIRE-INSURANCE WITH EXTENDED work involved. COVERAGE ARTICLE 9. CORRECTION OF WORK The Owner shall effect and maintain fire insurance with ex- tended coverage upon the entire structure on which the The Contractor shall re-execute any work that fails to con- work of this contract is to be done to one hundred per cent form to the requirements of the contract and that appears of the insurable value thereof, including items of labor and during the progress of the work, and shall remedy any materials connected therewith whether in or adjacent to the defects due to faulty materials or workmanship which structure insured, materials in place or to be used as part appear within a period of one year from the date of com- of the permanent construction including surplus materials, pletion of the contract. The provisions of this article apply shanties, protective fences, bridges, temporary structures, to work done by subcontractors as well as to work done by miscellaneous materials and supplies incident to the work, direct employees of the Contractor. and such scaffoldings, stagings, towers, forms, and equip- OWNER-CONTRACTOR AGREEMENT FOUR PAGES AIA DOC. A107 SEPT. 1963 ED. PAGE 3 ment as are not owned or rented by the contractor, the cost occurrence of loss, and thereupon arbitrators shall be chosen of which is included in the cost of the work. EXCLUSIONS: as above. The Trustee shall in that case make settlement The insurance does not cover any tools owned by mechanics, with the insurers in accordance with the directions of such any tools, equipment, scaffolding, staging, towers, and forms arbitrators, who shall also, if distribution by arbitration is owned or rented by the Contractor, the capital value of required, direct such distribution. which is not included in the cost of the work, or any cook shanties, bunk houses or other structures erected for hous- ARTICLE 16. LIENS ing the workmen. The loss, if any, is to be made adjustable with and payable to the Owner as Trustee for the insureds The final payment shall not be due until the Contractor has and contractors and subcontractors as their interests may delivered to the Owner a complete release of all liens arising appear, except in such cases as may require payment of all out of this contract, or receipts in full covering all labor and or a proportion of said insurance to be made to a mort- materials for which a lien could be filed, or a bond satis- gagee as his interests may appear. factory to the Owner indemnifying him against any lien. Certificates of such insurance shall be filed with the Con- ARTICLE 17. SEPARATE. CONTRACTS tractor if he so requires. If the Owner fails to effect or maintain insurance as above and so notifies the Contractor, The Owner has the right to let other contracts in connection the Contractor may insure his own interests and that of the with the work and the Contractor shall properly cooperate subcontractors and charge the cost thereof to the Owner. with any such other contractors. If the Contractor is damaged by failure of the Owner to maintain such insurance or to so notify the Contractor, he ARTICLE 18. THE ARCHITECT'S STATUS may recover as stipulated in the contract for recovery of damages. If other special insurance not herein provided for The Architect shall be the Owner's representative during the is required by the Contractor, the Owner shall effect such construction period. He has authority to stop the work if insurance at the Contractor's expense by appropriate riders necessary to insure its proper execution. He shall certify to to his fire insurance policy. The Owner, Contractor, and all the Owner when payments under the contract are due and subcontractors waive all rights, each against the others, for the amounts to be paid. He shall make decisions on all damages caused by fire or other perils covered by insurance claims of the Owner or Contractor. All his decisions are provided for under the terms of this article except such subject to arbitration. rights as they may have to the proceeds of insurance held by the Owner as Trustee. ARTICLE 19. ARBITRATION The Owner shall be responsible for and at his option may insure against loss of use of his existing property, due to fire Any disagreement arising out of this contract or from the or otherwise, however caused. breach thereof shall be submitted to arbitration, and judg- If required in writing by any party in interest, the Owner ment upon the award rendered may be entered in the court as Trustee shall, upon the occurrence of loss, give bond for of the forum, state or federal, having jurisdiction. It is mu- the proper performance of his duties. He shall deposit any Wally agreed that the decision of the arbitrators shall be a con- money received from insurance in an account separate from dition precedent to any right of legal action that either all his other funds and he shall distribute it in accordance party may have against the other. The arbitration shall be with such agreement as the parties in interest may reach or held under the Standard Form of Arbitration Procedure of The American Institute of Architects or tinder an award of arbitrators appointed, one by the Owner. nder the Rules of another by joint action of the other parties in interest, all the American Arbitration Association. other procedure being as provided elsewhere in the contract ARTICLE 20. CLEANING UP for arbitration. If after loss no special agreement is made, replacement of injured work shall be ordered and executed The Contractor shall keep the premises free from accumula- as provided for changes in the work. tion of waste material and rubbish and at the completion of The Trustee shall have power to adjust and settle any loss the work he shall remove from the premises all rubbish, with the insurers unless one of the Contractors interested implements and surplus materials and leave the building shall object in writing within three working days of the broom-clean. IN WITNESS WHEREOF the parties hereto executed this Agreement, the day and year first above written. Owner Contractor OWNER-CONTRACTOR AGREEMENT FOUR PAGES AIA DOC. A107 SEPT. 1963 ED. PAGE 4 -2- SECTION 3. The City Manager and Director of Finance are hereby authorized and directed to issue the warrant, or warrants, of the City of Little pock in payment of the contract price from time to time, according to the terms and conditions of the con- tract set out in Section 2 hereof. SECTION 4. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 6, 196+ ATTEST:�� �� • �"Jee,�-�✓ APP ROVED: A-co,-- City Clerk Mayor