HomeMy WebLinkAbout2005-10-20 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Ward 2 Position 1 - Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2 - Don Marr
Ci Clerk Sondra Smith Tayve eile Ward 3 Position I - Robert K. Rhoads
City Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
Special City Council Meeting
October 20, 2005
A Special meeting of the Fayetteville City Council will be held on October 20, 2005 at 6:00 PM
in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. New Business:
1. Brasfield & Gorrie, LLC 1 Contract: A resolution to approve a contract with
Brasfield & Gorrie, LLC, to build the Broyles Road Wastewater Treatment Plant, the
Broyles Road Twelve Inch Water Main, and other work for a guaranteed maximum
price of $59,994,710.00 and a contingency of $2,400,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 208-05,
Meeting adjourned at 6:35 p.m.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting October 20, 65 . ' 35 Pm
Subject: 2
Motion To:
Motion By:
Seconded:
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Cook
Marr ✓
Mayor Coody
Subject: � � a g � � eC
Motion To:
Motion By:
Seconded:
Rhoads
OS Ferrell
Lucas
Jordan
Reynolds L�-
Thiel
Cook f
Marr
Mayor Coodyl
- d
Aldermen
Ward 1 Position 1 - Robert Reynolds
Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel
Pev;li
n Ward 2 Position t - Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2 - Don Marr
City Clerk Sondra Smith Tayve C Ward 3 Position 1 - Robert K. Rhoads
Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
Special City Council Meeting
October 20, 2005
A Special meeting of the Fayetteville City Council will be held on October 20, 2005 at 6:00 PM
in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. New Business:
1. Brasfield & Gorrie, LLC Contract: A resolution to approve a contract with
Brasfield & Gorrie, LLC, to build the Broyles Road Wastewater Treatment Plant, the
Broyles Road Twelve Inch Water Main, and other work for a guaranteed maximum
price of $59,994,710.00 and a contingency of $2,400,000.00.
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
20-Oct-05
City Council Meeting Date
David Jurgens Water/Wastewater Water/Wastewater
Submitted By Division Department
Action Required:
Approval of a Guaranteed Maximum Price construction contract with Brasfield & Gorrie, LLC. , as approved by the
Sewer Committee, in the amount of $59,994,710.00, for construction of the Broyles Road Wastewater Treatment
Plant, the Broyles Road 12 Inch Water Main, and the WWTP Wetlands Mitigation Area berms, and approve a 4%
contingency of $2,400,000.00. Funds are available in Fiscal Year 2005 budget.
$62,394,710.00 $ 113,011 ,587.00 Wastewater System Imp Project
Cost of this request Category/Project Budget Program Category / Project Name
4480-9480-5315.00 $ 26,4221154.33 Water and Wastewater
Account Number Funds Used to Date Program / Project Category Name
02133.0304 $ 8625892432.67 Water/Sewer
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
QJ
Previous Ordinance or Resolution #
140
Deparlme Dire or Date Original Contract Date:
Original Contract Number:
12 � (� 6S
City Attorney
Received in City Clerk's Office
Fina ce and Internal Service Director Date
ceived in Mayor's Office
Ze l
Mayor Date
Comments:
City Council Meeting of October 20, 2005
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
From: Fayetteville Se Committee
WSIP Team a
David Jurgens, Water/Wastewater Director
Date: October 14, 2005
Subject: Approval of a Guaranteed Maximum Price construction contract with Brasfield & Gorrie,
LLC., as approved by the Sewer Committee, in the amount of $59,994,710.00, for construction of
the Broyles Road Wastewater Treatment Plant, the Broyles Road 12 Inch Water Main, and the
WWTP Wetlands Mitigation Area berms, and approve a 4% contingency of $2,400,000.00. Funds
are available in Fiscal Year 2005 budget.
RECOMMENDATION
Fayetteville Sewer Committee and City Administration recommend approval of a construction
contract with Brasfield & Gorrie, LLC., in the amount of $59,994,710.00 for construction of the
Broyles Road Wastewater Treatment Plant, the Broyles Road 12 Inch Water Main, and the W WTP
Wetlands Mitigation Area berms, and approval of a 4% contingency of $2,400,000.00.
The cost is broken down into the following components:
Wastewater Treatment Plant $59,4327615
12" Water Line on Broyles Road 380,968
Wetlands Mitigation Berm Const. 181 , 127
$59,9945710
BACKGROUND
On July 19, the Mayor implemented a Team approach to the WSIP management. That Team
consists of Steve Davis, Ron Petrie, Tim Conklin, Gary Dumas, Susan Thomas, and David Jurgens.
On July 21 , two bids were received for the West Side Treatment Plant construction:
Archer Western $713098,000
Van Horn 62,4727770
Engineer's Estimate 47,6003000
Certified Funding 48,0005000
Award Limit 60,000,000 ( 125% of Certified Funding)
The low bid included three major componments:
Wastewater Treatment Plant $57,704,931
Broyles Road with 12" Water Line 4,3101639
25.5 acre Wetlands Mitigation Site 457,300
$6214725770
As this bid exceeded the award limit, staff immediately began evaluating alternatives. The City
requested statements of qualifications from contractors and construction management firms under
- a
BRSFLD Memo to Council on contract award.doc
City Council Meeting of October 20, 2005
Act 1989 of 2005, whereby municipalities were enabled to select firms for construction projects
exceeding $2 million. Eight firms submitted statements of qualifications; five were interviewed by
the selection committee that consisted of staff, one City Council member, and representatives of
McGoodwin, Williams and Yates, the Engineering firm that designed the project. Of these five
interviewed firms, Brasfield & Gorrie was selected.
Negotiations began immediately. Alternative materials, treatment techniques and construction
techniques were considered to identify any reasonable means to reduce the cost of the project while
not compromising the quality of the treatment, the discharged effluent, the odor control system, nor
any other part of the wastewater treatment plant.
Two components of the original project, planting of the wetlands plants on the 25.5 acre wetlands
mitigation site, and construction of Broyles Road, are not included in this contract and will be
completed at a later date under separate bids. Discussion with the first bidders and Brasfield &
Gorrie made it apparent that it is more cost effective for the City to directly contract for this work.
The attached Resolution includes a 4% contingency. This contingency will be used only if
unforeseen conditions result in unit quanity extensions as work is progressing on the site. For
example: the Inlet Facilities per the MWY design require an undercut to elevation 1225.5' ; if
unacceptable soil is found at that elevation, additional excavation is required along with additional
backfill material. The additional excation and necessary fill material would be a unit quantity
extension. The contract states a fee per cubic yard of excavated unsuitable material of $3.75/CY
measured in place and a fee per cubic yard or ton (depending upon required fill) for appropriate
backfill. The contingency would be used in situations where it would be impractical for unit
quantity extensions, to stop work for 3 to 4 weeks and seek Council approval. On a project of this
scale, unforeseen conditions will be uncovered. Without the contingency, project delays will result
from an inability of the project engineer and project manager to authorize work to continue in a
timely manner. These delays could extend the project timeline and GMP.
DISCUSSION
The provisions of Act 1989 allow for guaranteed maximum price (GMP) contracts. This means that
the City's maximum cost for the project is the GMP, and that payments are made on the actual cost
of work plus an agreed upon Contractor's Fee of 6.5%. This is similar to the technique the City has
employed for years for paying for professional services. The GMP can be modified only by change
order.
The negotiated price of $59,994,710 reflects an excellent price for this project. Brasfield & Gorrie
is ranked number 29 in the Engineering News Record listing of the top 400 contractors in the
country, and has an excellent track record of success in projects ranging from much smaller to much
larger than this project. Given the economic impacts of Hurricanes Katrina and Rita, the City is .
receiving an excellent price for an excellent product.
All aspects of the contract were evaluated in order to reduce the overall cost to the City. If the net
cost for a task was cheaper for the City to execute a task, then the task was removed from the
contract. These savings were realized in several ways: first, the City can accomplish the task at a
lower cost; second, if the cost of the City and the contractor doing the work was the same, then the
City would save the contractor's 6.5% fee. Tasks removed from the contract include:
BRSFLD Memo to Council on contract award.doc
City Council Meeting of October 20, 2005
Task Alternative Technique Estimated Savings
Builder's Risk Insurance City buy $245000
Water Used City buy TBD, Contractor's Fee
Protect Gas Line City contract with gas Co. TBD, Contractor's Fee
Progress Photos Engineer provide digital photos $28,000
Dumpsters City pay for TBD, Contractor' s Fee
Electricity City pay for TBD, Contractor's Fee
Diesel Fuel City pay for +/- 0. 16/gallon plus
Contractor's Fee
Broyles Road Construction Separate later contract TBD
Wetlands Plantings Separate later contract TBD
BUDGET IMPACT
Funds are available in Fiscal Year 2005 budget. This contract is being funded by City funds; it is
staff's intent that follow-on line work projects will be funded using the Arkansa Natural Resources
Commission Revolving Loan Funds.
BRSFLD Memo to Council on comma award.doc
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH
BRASFIELD & GORRIE, LLC, TO BUILD THE BROYLES
ROAD WASTEWATER TREATMENT PLANT, THE
BROYLES ROAD TWELVE INCH WATER MAIN, AND
OTHER WORK FOR A GUARANTEED MAXIMUM PRICE
OF $5%9949710.00 AND A CONTINGENCY OF $25400,000.00
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
approves the contract attached as Exhibit A with Brasfield & Gorrie, LLC, to build the
Broyles Road Wastewater Treatment Plan, the Broyles Road Twelve Inch Water Main,
and other work for a guaranteed maximum price of $59,994,710.00 and a contingency of
$2,4009000.00.
PASSED and APPROVED this 2011, day of October, 2005.
APPROVED:
1) ? x5
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
RESOLUTION NO, 208-05
A RESOLUTION TO APPROVE A CONTRACT WITH
BRASFIELD & GORRIE, LLC, TO BUILD THE
BROYLES ROAD WASTEWATER TREATMENT
PLANT, THE BROYLES ROAD TWELVE INCH
WATER MAIN, AND OTHER WORK FOR A
GUARANTEED MAXIMUM PRICE OF $595994,710.00
AND A CONTINGENCY OF $2,4009000.00
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
approves the contract attached as Exhibit A with Brasfield & Gorrie, LLC, to build the
Broyles, Road Wastewater Treatment Plan, the Broyles Road Twelve Inch Water Main,
and other work for a guaranteed maximum price of $59,994,710.00 and a contingency of
$2,400,000.00.
PASSED and APPROVED this 201hday of October, 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
#AIA Document A111TM - 1997
Standard Form of Agreement Between Owner and Contractor
=where "the basis for payment is the COST OF THE WORK PLUS A FEE with a negotiated
Guaranteed Maximum Price
AGREEMENT made as'of the day of in the year
(In words, indicate day,month and year)
!BETWEEN the
it of Fayetteville:
,(Name address and ather'infor7nation) ADDITIONS AND DELE11ONS:
The author of this document has
+ ICity of Fayetteville Arkansas added information needed for Its
113 West Mountain StteeE completion. The author may also
t Fayetteville;AR 72701 have revised the text of the
original AIA standard form. An
- Additions and Deletions Report
and the Contractor that notes added information as
-( + - - well as revisions to the standard
(Name address and orhertnfai7iuttlon)
J form text is available from the
A r 'Brasfield &,come LLC% -? author and should be reviewed.
A vertical line in the left margin of
729 South 30th Street this document indicates where
" YBirmtngham `AL 35233 s the author has added necessary
(205) 328 4000
-> , . Information and where the author
has added to or deleted htxn the
original AIA text.
' The Protect is: This document has important
me and location} legal consequences.
(Na
Consultation with an attorney
Fayetteville Project No "02133 0304 %�, is encouraged with respect to
;Contract No. WP3, ,
• its completion or modification.
Westside Wastewatlir;Treatment`Plani and the Wetland Berms and the Water Line at This document is not intended for
> Broyles Road' use in competitive bidding.
`- Fityettemlle, Arkansas ; AIA Document A201-1097,
,, r; � 1.
.The McGooilwin Williams and Yates, Inc. is: General Conditions tions of the
Contract for Construction, Is
{Name, address and other.information)
adopted in this document bylie,
' reference. Do net use with other
McGoodwm 'Williams and Yates, Inc. general conditions unless this
909 Rolhng Hills Drive document is modified.
lFayetteville P R 72703
This document has been
sapproved and endorsed by the
'The City of Fayetteville and Contractor agree as follows. Associated General Contractors
of America.
AIA Document Att t m - 1997. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reserved. WARNING: This AIA! Document Is protected by US. Copyright Law and International Treatise. Unauthomrod reproduction or
dlsVlbution of this AIA! Document, or any portion of It may mutt In severe CwI1 and criminal penalties, and will be prosecuted to the maximum
extent possible under the law. This document was produced by AIA software at 12:37:43 on 10/18/2005 under Order Noll 000155229_2 which expires on
1/5/2006, and is nol for resale.
User Notes: (4137406507)
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
^ h' i� + ; ` Gondmoiis), Drawings, Specifications, Addenda issued prior to execufion of this Agreement, other documents listed
��� ,.�;�` 2 ,cru this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
a�rt:+4�,i � �`` ,. frilly a pan of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and
yrntegraled agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
= t yS-0i either;written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 15. If
an in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern.
x gMdui j .r,ARTICLE2 THE WORK OF THIS CONTRACT
The Contractor shall fallyexecute the Work described in the Contract Documents, except to the extent specifically
4mdicated in-the Contract Documents to be the responsibility of others.
7 z ° ARTICLE 3a RELATIONSHIP OF THE PARTIES
K The Contractor,acoepts the relationship of trust and confidence established by this Agreement and covenants with
e City of Fayetteville to cooperate with the McGoodwin, Williams and Yates, Inc. and exercise the Contractor's
+ P wr n skill and)udgmeri tn;furtheri ig the interests of the City of Fayetteville; to furnish efficient business administration
�, , . , aitd supernston to furnish at all times an adequate supply of workers and materials; and to perform the Work in an
"a, 'expeditious and econormcal manner consistent with the City of Fayetteville's interests. The City of Fayetteville
3 t
m'r }" agrees to furnish and approve
r a timely manner, information required by the Contractor and to make payments to
e5', r�„ x the Contractor h accordance with the requirements of the Contract Documents.
4, 1
n ; r , ARTICLE 4 DATE OF�COMMENCEMENT AND SUBSTANTIAL COMPLETION
t A xz t §
4A The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
of provision is made for the date to be fixed in a notice to proceed issued by the City of Fayetteville.
(Inset the date ofcommencement, if it differs from the date of this Agreement or, if applicable, state that the date
be fixed in a nonce to proceed.)
ar * taxi r
k jNotice ofyAward October 21 , 2005
Kl yxw€fes 'i Nouce to Proceed November 4, 2005
Pre-Consavctton Conference 10.00 A.M., November 4, 2005
N
Site Cons imchon February 5t 2006,x,
/ V =
*or. co en e City of Fayetteville requires time to file mortgages, mechanic's liens
w bx I and oetteville's time requirement shall be as follows:
1,Y 'r
{ll § 4Z The Contract Ttme shall be me sired from the date of commencement.
r
§43 The Contractor shall-achreve.Substantial Completion of the entire Work not later than . 939 Calendar days
zsr" �; from the date�of commencement or as follows:
umber oi
e used when
inated with the
ate
exxza� t zu 'con»sunenccalendar,` calendar date
� rdrtemenUnlessstated in the Contract Documents, nsert any requ ementsfor earlier
tv+ F4 t�4 do'Completion of certain portions of the Work)
�WY'AJ 44� F}if l{i L X( F1 F
May 31 , 2008
a , .;A, s v Portlon of Work Substantial Completion date
; � 7 " subject to adjustments of this Contract Time as provided in the Contract Documents.
provisions, if any, for liquidated damages relating to failure to complete on time, or for bonus payments for
early completion of the Work.)
AIA Document Al l l^k — 1997. Copyright ® 1920, 1925, 1951, 1958, 1981, 1953, 1987, 1974, 1978, 1987 and 1997 by The Amedoan Instlu re of Archhocts.
All rights reserved. WARNING: This AI0 Docum int IS protxted by U.S. Copyright Law and ImemaBonal Tissues. Uneuthmlxed reproduction w .1
distribution of tide Alas Doeumen, or any portion of It may mutt In severe Nva and criminal pamltles, and will be prosecuted to the maximm
u
extentpossible undertiro 4w. TMs document Wes produced by AIA software at 12:37:43 on 1011&'2005 under Omer No.1000155229-2 whkh expires on
1/512008, and Is not for resale.
Use Not": (4137408507)
`
ARTICLE 5 BASIS FOR PAYMENT
§ 51 CONTRACT SUM
61 1 The City of Faetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's
y
hloetjbrmance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's
4I j§,512 The Contractor's Fee is: 6.5% of total costs incurr ed
Z. (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and
.... . describe the method ofadjustmeni of the Contractor's Fee for changes in the Work)
a. r 9 r
1 STV. ` T
;i t ,
,rvi
at € mY ry rY rJ ': ''"
a r § 52 GUARANTEED MAXIMUM PRICE
M % '', i f sl I The'sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed
s-A :($X59 994 710 00 ), subject to additions and deductions by Change Order as provided in We Contract Documents.
maximum sum 1s referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which
, + would catt&e the Guarahteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement
5t
a ,aby the Cityl,of Fayetteville ;, Fti,
gvwg mu m(lnsert specijicprovfstons !f the Contractor is to participate in any savings.)
If the acttlasl cast`of the work plus the contractor's fee is less than the adjusted guaranteed maximum price, the City
- sof Fayetteville shall pay. fifty percent (5090) of such savings to the contractor. Such payment shall not exceed 1% of
gtl}e adlusled guaranteed maximum price and shall be made at the time of final payment
` 3 F §'S 2 2 The Guaranteed Maziinum Price is based on the following alternates, if any, which are described in the
11
;Contract Documents andare hereby accepted by the City of Fayetteville:
(Statethe numbers or. other identification of accepted alternates. If decisions on other alternates are to be made by
t., x
-a"7he Ctty'ojFayettevtlle subsequent to the execution of this Agreement, attach a schedule of such other alternates
�
each,{shotvmg the amount for each and the dare when the amount expires.)
§ 5 2 3 Umt prices if any,iare as follows
11-4
rrrrr
3 i xu y
sz Descrl flop { i� + ) r Units Price
Ekcavate unswtable melena] CY
in place yards) $3.75/CY
$ackfill with"on=cite CY (truck yards) $5.00/CY
„ y s 2 i � y ik 4mif e l ha.
IYIc(loadwin �Wilhams and 3 1 � '
Ar Yfi
ateInc ed
sll material: +b s'A Y Vz£,,
Backfill with off site CY (truck yards) $8.60/CY
McGoodwm,.;Will
iams artdty
s ' Ar ate
, Yates Inc.ed,fill mate
Backfill with Class 7 ABCYfi(1 f " Tons $13.6OfFon
§ 6;2.4 Allowances tf any, are as follows
' Y (Identify and state thea`inounts of any allowances, and state whether they include labor, materials, or both.)
r q Albwance y^ Amount Included Items
' + I Anticipated Sales Tax Savings ($750,000)
t rfNx Y<�� nl Note gThis`deduct of $750,000 is included in the guaranteed maximum price. Final adjustments (up or down) will
?tie trade after the;State of Arkansas Department of Finance and Administration has finalized their determination of
tax exempt items..
§ 5.2.5 Assumptions, if any, on which the Guaranteed Maximum Price is based are as follows:
AIA Document All l m - 1997. Copyright O 1920, 1925, 1951, 1958, 1981, 1983, 1987, 1974, 1978, 1987 and 1997 by The American traftdo of Architects.
All riturts reserved WARNING: This AIA* Doeraeern Is protected by U.S. Copy ftld taw and International Trestles Uneuthorhea reproduction or 9
distribution of tide AIA* Document, or any portion of It, may result In severe dvfl and odrairul perrattlea, and will be prosecuted to the maxltman
extent posswe under the law. This documem was produced by AIA software at 12:37:43 on 10/18/2005 under Order Noll 000i 55229_2 which expires on
152006, and Is not for resale.
User Notes: (4137406507)
See Attachment A — Qualifications and Exclusions
x
flees , �. � §3 2 B feel,42 a extent that the Drawings and Specifications are anticipated to require further development by the
',.nel" ` + ;=, ' McGoodwin, Williams and Yates, Inc., the Contractor has provided in the Guaranteed Maximum Price for such
3 _ furthel,er,development consistent with the Contract Documents and reasonably inferable therefrom. Such further
development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or
Xequrpment, all of which, if required, shall be incorporated by Change Order.
H �
rr,� ARTICLE 6 CHANGES IN THE WORK
V.s §` ell
61 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any
zj.gfhthe meth`d lliistedi Section 7.3.3 of AIA Document A201-1997.
ta-,` ; ` 9,2
N4� r'Sr'� Yt-' KJ£YI�I
p§ 6.2In cakulatmg,adluswments to subcontracts (except those awarded with the City of Fayetteville's prior consent
'165the basts'ofkcost plus;& feej;,the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-1997
0 r",i ''apd the terms rcostsr andr,a reasonable allowance for overhead and profit" as used in Section 7.3.6 of AIA
aaDoclNment A201 I997ishaD have the meanings assigned to them in AIA Document A201-1997 and shall not be
Mnee
mod/fied byr Aibclesp5 w7e,and 8Yof this Agreement. Adjustments to subcontracts awarded with the City of
4 f �,, ee
� ;Faydtteviltiltlel le s,pnor conedt ozfnf�ri'ithe basis of cost plus a fee shall be calculated in accordance with the terms of those
r '.� subcontracts ? ark' >:�.'� �-
rA siz`�+r: .�:r NS '� ,i.,e , ielsry,F.7 Ms+F�.aU "�s��j
T '� } l+t 'i33 'y ki. r :�i—.��el� S..;y(t
hVr^�` u ,In-§.8 3In calculating adlustinents-.to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the
x c t, gabove referenc� p11 rovisions ofYAIA Document A201-1997 shall mean the Cost of the Work as defined in Article 7
`'� � e.
��neVi .� twof ll,this AgreercentanIll temLs"fee" and "a reasonable allowance for overhead and profit" shall mean the
'fitxContractor s;Feetas defined rn'Section 5. 1 .2 of this Agreement.
+1i�' r sxfe , r"t,* lIfir' a�YS
s § 641feno specific provision�rs made in Section 5.1 for adjustment of the Contractor's Fee in the case of changes in
See stherWork or if the extenf of such changes is such, in the aggregate, that application of the adjustment provisions of
nele
t i il
Section 5 I :will cause sulistannal inequity to the City of Fayetteville or Contractor, the Contractor's Fee shall be
r` s z egmtably adjusted et on ttie'basis of the Fee established for the original Work, and the Guaranteed Maximum Price
shall be adjusted accordingly
W.1fe
r rz, lei i s.. i 411 r+ t "Ui f )r MC.3 C �
�M §',8 5 Changes modifipt6s or amendments In scope, price or fees to this contract shall not be allowed Without a prior formal
a , ,, 11,cuntract amendment approved bytheMayor,and the City Council In advance of the change in scope, cost or fees.
TARTICLE 7kXOSTS TO BE REIMBURSED
Oni §`71`COSTeel OF THE WORK ; rw4
a 116 Lerrn'Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the
i ) r
- Work Such costs shall be at rates not,higher than the standard paid at the place of the Project except with prior
r' consent of tie City of Fayetteville The Cost of the Work shall include only the items set forth in this Article 7.
R L'le, (v'� wfellq e5eel, �` 'divry e(,
§ 7.2 LABOR":COSTS3 ) "l, I fill 10fl z
el § 721 Wages of constructionwworkers directly employed by the Contractor to perform the construction of the Work
at the site or with the Cityof Fayetteville's approval, at off-site workshops.
' > z•§
12.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with
"the City of Fayetteville?s approval.
(If it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or other
. , ., oces shall:be nctuded in the Cost ojthe Work, identify in Article 14 the personnel to be included and whetherjor
�;r ' ,�� �.� r alt or only ppm of their time, and the rates at which their time will be charged to rhe Work)
a` � � § 7 2 3�Wages�and salaries of the Contractor's supervisory or administrative personnel engaged, at factories,
. .� ,� ,�,zworkshops'or on':the road, in expediting the production or transportation of materials or equipment required for the
Work, but only for that portion of their time required for the Work.
§ 72.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required
by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits
AIA Document A111*rr - 1997. Copyright O 1920, 1925. 1951, 1958, 1961 , 1963, 1987, 1974, 1978, 1987 end 1997 by The American Institute of A chl acts.
All rights reserved. WARNING: This AIAe Document b protected by U.S. Copyright Lary end Intemadoosl Tremft& UnaunlahW reproductlon or
d"Ithutlon of OftAIAe Document, or and portion of I, rosy mutt In severe Civil and erlrrdml psna tba, and will be prosecuted to the mArmen 4
extentpossible underthe 4w. This document was produced by AlA soft at 12:37:43 on 1011&12005 under Order No.1000155229_2 which expires on
11512008, and is not for resale.
User Notes: (4137408507)
such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on
h wages and salaries included in the Cost of the Work under Sections 7.2. 1 through 7.2.3.
ti
§ 7 3 SUBCONTRACT COSTS
31".Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.
�ip. §7 4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
. .§ 71411 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
the completed construction.
Costs of matenals�described in the preceding Section 7.4.1 in excess of those actually installed to allow for
areasonablezwas% and spoilage. Unused excess materials, if any, shall become the City of Fayetteville's property at
; t the completion of thelWoik or, at the City of Fayetteville's option, shall be sold by the Contractor. Any amounts
s ieahzed from such sales shall be credited to the City of Fayetteville as a deduction from the Cost of the Work.
t a §7 S COSTS OF OTHER MATtRIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
g § 7 S 7 Costs ,in cludtng transportation and storage, installation, maintenance, dismantling and removal of materials,
cx supplies temporary faclhm
ftesachinery, equipment, and hand tools not customarily owned by construction
ate, z K workers that are provided by-the Contractor at the site and fully consumed in the performance of the Work; and cost
(less s'alva'ge value) of such Items if not fully consumed, whether sold to others or retained by the Contractor. Cost
for items previously used by the Contractor shall mean fair market value.
§7 5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by
y S, ,� construction workers that are provided by the Contractor at the site, whether rented from the Contractor or others,
7 i and costo of transportation;installation, minor repairs and replacements, dismantling and removal thereof. Rates and
zs „quantities of egwpment rented shall be subject to the City of Fayetteville's prior approval.
5 rb
r y A 713 3 Costs of removal of debris from the site.
"X4v §7 5 4 Costs of doclunenf reproductions, facsimile transmissions and long-distance telephone calls, postage and
Pareelld6liverycliargesi,.teliohone service at the site and reasonable petty cash expenses of the site office.
Y:-E�a t r ,
+J
§ 15 5 That portton of the`reasonable expenses of the Contractor's personnel incurred while traveling in discharge of
°w hduties connected with the Work +
� - u ai lyr S.ii A� j � { S1Vy: ai GY�y
t f p f0/Ia° materials
5 6 Costs of materil§ and equipment suitably stored off the site at a mutually acceptable location, if approved in
r ad"11121 411
vance by the City of Fayetteville
r ip r .v tit
�§""-,7 8 MISCELLANEOUSICOSTS v n'r���i yn+
7,6A That portion of insurance and bond premiums that can be directly attributed to this Contract:
* . § 7.62 Saleg�.use of snmlar taxes imposed by a governmental authority that are related to the Work.
x Lt t, § 7 6 3 Fees and assessmeirls for the building permit and for other permits, licenses and inspections for which the
r , � a "Contractor,tsreyutredtby the Contract Documents to pay.
c, .� ' §`16 4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or
" ` ` nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-1997 or other
provisions of the,Contract Documents, and which do not fall within the scope of Section 7.7.3.
rats Sr Lipa
def y ,tkrkr..."r ytr $(vz}`4tui+
§16.5 5 Royaltlesrand license fees paid for the use of a particular design, process or product required by the Contract
h ` ER) Documents the"cost of defending suits or claims for infringement of patent rights arising from such requirement of
ContraclDoc
uments; and payments made in accordance with legal judgments against the Contractor resulting
from such suits or claims and payments of settlements made with the City of Fayetteville's consent. However, such
costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or
subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of
AIA Document A111m - 1997. Copyright O 1920, 1925, 1951 , 1958, 1981, 1983, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
All rights reamved. WARNING: This AIA* Document Is protected by U.S. copyright Law and Intemadonal Tmuss. unauthorized reproduction or 5
dlstribnbn of tide AIA* Document, or any portion o1 lt. may mutt In severs &A and criminal pertaales, and Win be prosecuted to int maximum
extent possma under the 4w. This document was produced try AIA sohware at 12:37:43 on 10/18/2005 under Order No.1000155229_2 which expires on
1/512006, and is not for resale. "
User Notes: (4137406507)
Section 3.17.1 of AIA Document A201-1997 or other provisions of the Contract Documents, then they shall not be
` included in the Cost of the Work.
y r, § 7 llllData processing costs related to the Work.
I §,7 6 7, Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility to
' tlie Gity of Fayetteville as set forth in the Contract Documents.
§7 6 8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes
between the City of Fayetteville and Contractor, reasonably incurred by the Contractor in the performance of the
Work and with'the City of Fayetteville's prior written approval; which approval shall not be unreasonably withheld.
Cit
Expenses ricurred,in accordance with the Contractor's standard personnel policy for relocation and
r ' I temporaryliving allowances of personnel required for the Work, if approved by the City of Fayetteville.
� r
7§,7 7 OTHER COSTS AND EMERGENCIES
I § 7 71 Other costs mcurred m the performance of the Work if and to the extent approved in advance in writing by
Ahe City of Fayetteville
§,7 7 2 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or loss in case of an
' - elniergency affeoting [he safety of persons and property, as provided in Section 10.6 of AIA Document A201-1997.
} i
§'T 7 3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors
r ,
of suppliers provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a
4 "splic>f c responsibility ofthe Contractor and only to the extent that the cost of repair or correction is not recoverable
by the Contractor frominsuraitCe, sureties, Subcontractors or suppliers.
ARTICLE 8 COSTS NOT,, BEREIMBURSED
§ 81 The Cult of the Wok,shall not include:
811 Salaries and oWet:;cotnpensa 'on of the Contractor's personnel stationed at the Contractor's principal office or
r4 ,. , `:` office§ older#tisii the site office except as specifically provided in Sections 7.2.2 and 7.2.3 or as may be provided in
Article 14
4`
81 2 Expenses o£ the.Contractor'sprncipal office and offices other than the site office.
8 t 3 Overhead and general expenses,except as may be expressly included in Article 7.
B 1 4 The Contractor's capital expellees, including interest on the Contractor's capital employed for the Work.
§ 61 S.Rental costs of machinery and equipment, except as specifically provided in Section 7.5.2.
< .. ,..
§
8A.6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence or failure to fulfill a
4` ;specific res as ofthe Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable.
83 .7 Any cost notspecifically and expressly described in Article 7.
§ 818 Costs, other than costs included in Change Orders approved by the City of Fayetteville, that would cause the
" Cruaranteed Maximum Price to be exceeded.
P Y r
hx. r ARTICLES DISGOUNTS, REBATES AND REFUNDS
91 Cash discounts obtained on payments made by the Contractor shall accrue to the City of Fayetteville if (1)
before making the payment, the Contractor included them in an Application for Payment and received payment
therefor from the City of Fayetteville, or (2) the City of Fayetteville has deposited funds with the Contractor with
which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds
AIA DocumentA111 tr — 1997. Copyright ® 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Archlregs.
All rights reserved WARNING: This NO Document Is protected by U.9. Copyright Law and International Treatise. Unaudrmtxed reproduction or 6
distribution of this AIA! Documen% or any portion of l4 may result In severe civil and criminal peaddes, and will be prosecuted to the maximum
extant possible under the law. This document was produced by AIA software at 12:37:43 on 10/18/2005 under Order No.1000155229_2 which expires on
1/5/2006, and is not for resale.
User Notes: (4137406507)
and amounts received from sales of surplus materials and equipment shall accrue to the City of Fayetteville, and the
Contractor shall make provisions so that they can be secured.
'§ 9 2 Amounts that accrue to the City of Fayetteville in accordance with the provisions of Section 9.1 shall be
ted.to the City of Fayetteville as a deduction from the Cost of the Work.
ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS
u 01 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own
personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The City of
12,
Fayetteville may designate specific persons or entities from whom the Contractor shall obtain bids. The Contractor
k � shall obtain bids from'Subcontractors and from suppliers of materials or equipment fabricated especially for the
Work and shall deliver such bids to the McGoodwin, Williams and Yates, Inc.. The City of Fayetteville shall then
2t 1 ' tDiw
I r y "'detemune kvnth the advice of the Contractor and the McGoodwin, Williams and Yates, Inc., which bids will be
V
gaccepted yThe Contia�to shall not be required to contract with anyone to whom the Contractor has reasonable
yK2 'Ex. tr/f� 2 a `� �fYs a�rM z<
i §10.2 1 fa speotfic biddertng those whose bids are delivered by the Contractor to the McGoodwin, Williams and
` - � ', Yates InN 1 ts"rerecoln ""rld�ed to the Cit of Fa etteville b the Contractor; 2 is ualified to rform that portion
.� �( ) Y Y Y ( ) 9 pe
i ��q1 3J C1 AI
m A -K.a hof the Work ,ando(3) has`submiI a bid that conforms to the requirements of the Contract Documents without
{ resetvahonCor exceppons;,but the City of Fayetteville requires that another bid be accepted, then the Contractor
may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the
ja . �,; af.� �+ ;WA
a tabid of the person or enttty recommended to the City of Fayetteville by the Contractor and the amount of the
w rsubcontracfor outer agreem;ent,acmally signed with the person or entity designated by the City of Fayetteville.
!.§;10.3 Sbbcontt&tsor othed,agreements shall conform to the applicable payment provisions of this Agreement, and
51J2 _ ry I ',shalll'not c awarded on ttie basis of cost plus a fee without the prior consent of the City of Fayetteville.
aARTICLE 11, ACCOUNTING RECORDS
The Contractor shall keep-full and detailed accounts and exercise such controls as maybe necessary for proper
t ti e a 1 .^ .• Y , r, y r 4 .^' + -nv.Aa
�fipanMal management under this Contract, and the accounting and control systems shall be satisfactory to the City of
ti ti Fayetteville The City of Fayetteville and the City of Fayetteville's accountants shall be afforded access to, and shall
�lbeperrmtted;tb audit and;eopy, the Contractor's records, books, correspondence, instructions, drawings, receipts,
spbcontracfs purchase orders vouef� ;-_
ers .;inemoranda and other data relating to this Contract, and the Contractor
p 2 " o ii:V •
shall preserve, these for a penodrof three"years after final payment, or for such longer period as may be required by
law ',z' r ) JAu,ty;^
'l "in
ARTICL`E12 PAYMENTS p(r ,'i P,
y§,121 PROGRESS PAYMENTS »{ r
r ) to
licatiopP
' 4 �,§ 121 1,Based upon Apptins�for Payment submitted to the City of Fayetteville by the Contractor the City of
y` q Fayetteville shall make to , s payments on account of the Contract Sum to the Contractor as provided below and
elsewhlxe I [he ContraciiDocuments.
Any,dtsputed mvofces'submttted will be adjusted in subsequent billings.
12.1.2 The penod covered by each Application for Payment shall be one calendar month ending on the last day of
tfie month oras follows:
3
4Tja��:y
s �'•?�- ° §:121 3 ProvidedGhat an Application for Payment is received by the City of Fayetteville not later than the 10th
N 5p day of a mouth the City of Fayetteville shall make payment to the Contractor not later than the 30 days after receipt
a i of invoice Fr If anApplication for Payment is received by the City of Fayetteville after the application date feed
k„' Y "�� aliove°payme'nt shall be made by the City of Fayetteville not later than thirty ( 30 ) days after the City of
Fayetteville receives the Application for Payment.
§ 12.1.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted
invoices or invoices with check vouchers attached, and any other evidence required by the City of Fayetteville to
AIA Document A111^r - 1997. Copyright 0 1920, 1925, 1951 , 1958, 1981, 1983, 1987, 1974, 1978, 1987 and 1997 by Tire Amedcan InsiWo O1 Arcidleats.
All rights reserved. WARNING: This AIA' Document Is protected by US. Copyright Law and International Trades UroWwrtred reproduction or 7
distribution of this AIO Document, or any portion of It, may result In severe civil and cdndrAd penaMes, act will be prosecuted to the maxlrn m
extent possible under the law. TMs document was produced by AIA software at 1237:43 On ions 2005 under Order No.1000155229_2 which explres on
11552006, and Is not for resale.
User Notes: (4137406507).
I demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or
11. i5exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable
A F" ':,r v rto the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment.
$§`12.0 Each Application for Payment shall be based on the most recent schedule of values submitted by the
�f r Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed
x, , y Maximum Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a single
s se arate item. The schedule of values shall be prepared in such form and supported p p p by such data to substantiate its
„ accuracy as the City of Fayetteville may require. This schedule, unless objected to by the City of Fayetteville, shall
F1«�po- , ,t be used as a basis for reviewing the Contractor's Applications for Payment.
f ?3 N4{ ry§',121 6 Applicit ons for Payment shall show the percentage of completion of each portion of the Work as of the end
Her j i7 Al,df the peri&dcbVerod,bjrl the Application for Payment. The percentage of completion shall be the lesser of (1) the
r apereentage bf ihat pornon`of;the Work which has actually been completed; or (2) the percentage obtained by
E�dividin a the ex nse,that has actually been incurred by the Contractor on account of thatrtion of the Work for
r-= �4 s which the Contractor has rnad'eZor intends to make actual payment prior to the next Application for Payment by (b)
�
;, ,,�, �.�ttieas�are of ttie Guaranteed Minimum Price allocated to that portion of the Work in the schedule of values.
l,��tq
r t ,rcp § 121 T Subject to,other provisions of the Contract Documents, the amount of each progress payment shall be
„ computed as follows
U
- ` 1 Mr take that portion�of the Guaranteed Maximum Price properly allocable to completed Work as
ff {�u , � jti' detatmned,liy'Ymu7tiplying the percentage of completion of each portion of the Work by the share of
arth;e Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
„N",p , Pendmg fitWl d6temiination of cost to the City of Fayetteville of changes in the Work, amounts not in
my) I,+; ' ute dispshall be included as provided in Section 7.3.8 of AIA Document A201- 1997;
irir a 4.,,xIa ,t,a 1 �m{. add that pomonof the Guaranteed Maximum Price properly allocable to materials and equipment
j delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
�rf �i` , , r y advance by the City of Fayetteville, suitably stored off the site at a location agreed upon in writing;
�7rM(,iP ,°,E.��4f { A Y
r3 Fadd the Contractors Fee, less retainage of ten percent ( 10% ) per Arkansas Public Works
yO
hQCode 22 9'.604 The,Contractor's Fee shall be computed upon the Cost of the Work described in the
_,y r 1K ywo preceding Clauses at the rate stated in Section 5. 1.2 or, if the Contractor's Fee is stated as a fixed
H= #If € + �y sum m that Subparagraph, shall be an amount that bears the same ratio to that fixed-sum fee as the
S f ' t.Y. �1 ?, ` s " Cost`of the Wotk in the two preceding Clauses bears to a reasonable estimate of the probable Cost of
a2ti� 5 ri ; s 4 ffie Work upon its completion;
Nil
Bill %Note If thw
e ork has;Geen 50% completed as determined by McGoodwin, Williams and Yates, Inc.,
,«.
r aL, r y and if the character and progress of the Work have been satisfactory to City of Fayetteville and
McGoodwin Williams and Yates, Inc., the City of Fayetteville, on recommendation of McGoodwin,
rc^ ;' ' ' tau Wilham,s�aff&eYafes, Inc., may determine that as long as the character and progress of the Work
r ' -v s ;?rr^.
subsequenily,remain satisfactory to them, there will be no additional retainage on account of Work
} My quenUycompleted.
ff g4
4 y ; ssub�tract the aggregate of previous payments made by the City of Fayetteville;
5 subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section
iI *yx sq 12 1 4 to substantiate prior Applications for Payment, or resulting from errors subsequently
gt tid covered by the City of Fayetteville's accountants in such documentation; and
fillV, subtract ry 8 ^$ subtract amounts, if any, for which the McGoodwin, Williams and Yates, Inc. has withheld or
�Ii;)i� �' , + nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997.
§ 12.1.8 Except with the City of Fayetteville's prior approval, payments to Subcontractors shall be subject to
retainage of not less than five percent ( 5 % ). The City of Fayetteville and the Contractor shall agree upon a
mutually acceptable procedure for review and approval of payments and retention for Subcontractors.
AIA Documeht All lm - 1997. Copyright 01920, 1925, 1951 , 1958, 1961, 1983, 1987, 1974, 1978, 1987 and 1997 by The Amedcan histitule of Archaects.
All rights reserved. WARNING: This AIA* Doorunern is protected by U.S. Copyright Lew and International Troetlea Unsulhmhed reproduction or 8
distribution of this AIA* Documen% or any portion of It, may result In severs civil end entrained penalties, and will be prosecuted to the m idinum
extern possible under the law. This document was produced by AIA software at 12:37:43 on 10/18/2005 under Order No.10n0155229_2 which expires on
1/&2006, and is not for resale.
User Notes: (4137406607)
§ 121 9 Audits and verifications, if required by the City of Fayetteville, will be performed by the City of
`sFayettevWe's accountants acting in the sole interest of the City of Fayetteville.
w t Y§-722 FINAL PAYMENT
ti
2 21Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City of
r s s'IF 4�F ` Fayetteville to the Contractor when:
zm
1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
;E \
..,,,Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements,
d , "` if any,)which extend beyond final payment; and
r I
.rz 2, a final
completiCertificate for Payment has been issued by the City of Fayetteville and a final certificate of
bN Ac
` on by.McGoodwin, Williams and Yates, Inc.
r s zxn n
12 2 2 The it of Fayetteville's final payment to the Contractor shall be made no later than 90 days after the
v " 0 . issuance of ttie McCroodwlni Williams and Yates,Inc.'s final Certificate of completion, and City of Fayetteville's
3 ;Certificate of Payment t,
4t Y �r`�
t tt°he;,t § 12 2 3 The tarty OfNFayettevllle'S accountants will review and report in writing on the Contractor's final accounting
'within 30 days after delivery of the final accounting to the McGoodwin, Williams and Yates, Inc. by the Contractor.
r f,+ ; ;t , r Based upop`such Costo€therWork as the City of Fayetteville's accountants report to be substantiated by the
t F "Contractor s final accounting and provided the other conditions of Section 12.2. 1 have been met, the McGoodwin,
yS ` k "Wtlltams and'Yates lnc vnll within seven days after receipt of the written report of the City of Fayetteville's
accountants;elthei sue to the_City of Fayetteville a final Certificate for Payment with a copy to the Contractor, or
a ` nottfy the Contractor and City,of Fayetteville in writing of the McGoodwin, Williams and Yates, Inc.'s reasons for
withholding a certificate as provided in Section 9.5. 1 of the AIA Document A201-1997. The time periods stated in
5..:
r �'a•�? \ , � „this Section 12}2 3 supersede those stated in Section 9.4.1 of the AIA Document A201-1997.
<§12 2 41f the Cuy ofyFayetteville s accountants report the Cost of the Work as substantiated by the Contractor's
N us}p t f A ,-fins} accoiintibi,torbe less than clatmedlby the Contractor, the Contractor shall be entitled to demand arbitration of
�q ^h ,��, Nile disptued:amouhnt,without a further decision of the McGoodwin, Williams and Yates, Inc.. Such demand for
It arbitration shallbe madeby the Contractor within 30 days after the Contractor's receipt of a copy of the
it
` *� `'9x' MeGoodwm; Wilhams:and Yates, Ins.'s final Certificate for Payment; failure to demand arbitration within this 30-
.axyi. "akt day period sh`all."result in the substantiated amount reported by the City of Fayetteville's accountants becoming
Mir f u` Ro binding on Itis Contractor:'Pendmg s'tin l resolution by arbitration, the City of Fayetteville shall pay the Contractor
`ss u tltlfe amounticectifiedlri;the McGoodiviii, Williams and Yates, Inc.'s final Certificate for Payment.
uf-- r cpm ti�3;t+z ,a „
n �J'122,5If subsequent tofinal payment and at the City of Fayetteville's request, the Contractor incurs costs
4hrley
;5 described m';AiTicle 7 and not excluded by Article 8 to correct defective or nonconforming Work not the fault of the
M CoDtractor, the Cl y of AayeUeviile shall reimbttrse the Contractor such costs and the Contractor's Fee applicable
FESS i + thereto on tlie,�satrn basis 2s if such costs had been incurted prior to final payment, but not in excess of the
pp{ Guamnteed Maximum Price. If the Contractor has participated in savings as provided in Section 5.2, the amount of
such savmgsYshall be recalculated and appropriate credit given to the City of Fayetteville in determining the net
"amount to be paid by the City of Fayetteville to the Contractor.
yY
,rARTICLE 13 TERMINATION OR SUSPENSION
A r7v A ^Anti 4I 1
r N N r f a; a }FtU
d ;/,r I' „��,'J1 �, (Paragraph deleted)
§13,2 The Contract may be terminated by the City of Fayetteville for cause as provided in Article 14 of AIA
Document A201 -1997. The amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document
A201-1997 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated
as follows:
AIA Document All l e — 1997. Copyrlght 01920, 1925, 1951; 1958, 1981, 1963, 1967, 1974. 1978, 1987 and 1997 by The Amedcan Institute of Archhects.
All rights reserved. WARNING: This AIA* Doetnnent Is protected by U.S. Copyright Lew and International Treaties. Unauthorked reproduction or
distribution of this AIA* Document, or any portion of IL may result In severe cNa and criminal penaf lee, end will be proaseuted to the maalmmu9
latentpossible under the law. This document was produced by AIA software at 12:37:43 on 10118=05 under Order No.1000155229_2 which expires on
115/2006, and is not for resale.
User Notes: (4137406507)
§ 13.2.1 Take the Cost of the Work incurred by the Contractor to the date of termination;
w � q � 5§ §13 2 2tAtdd the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in
or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio
$ s _",to`ttiat'fized-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the
yprobable Cost of the Work upon its completion; and
Subtract the aggregate of previous payments made by the City of Fayetteville.
Nnx at °< § 13.3 The City of Fayetteville shall also pay the Contractor fair compensation, either by purchase or rental at the
teP
,
' election f of th City oFayetteville, for any equipment owned by the Contractor that the City of Fayetteville elects to
R11
�� x kretaln and tfiat 1s not otherwise included in the Cost of the Work under Section 13.2.1 . To the extent that the City of
-.t - ettevilIe elects to take Jegal assignment of subcontracts and purchase orders (including rental agreements), the
shallas a canihtion of receiving the payments referred to in this Article 13, execute and deliver all such
papers and4Ae all such gieps including the legal assignment of such subcontracts and other contractual rights of the
y^ , , jfit,q� "i Contractor l the city of Fayetteville may require for the purpose of fully vesting in the City of Fayetteville the
�N. N , z rights and benefits of the Contractor under such subcontracts or purchase orders.
13 4 TheWork tray be suspended by the City of Fayetteville as provided in Article 14 of AIA Document A201-
' yes` 1997in such'case the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section
;t{ ere14 3 2 of AIANDocument A201"4997 except that the term "profit" shall be understood to mean the Contractor's Fee
�
MO
N es described m Sections 5. 1 Vand Section 6.4 of this Agreement.
M19 ;tiiARTICLE 14` MISCELLANEOU$'PROVISIONS
' )twgr �,5. > §':141 ere reference hs.made in this Agreement to a provision AIA Document A201- 1997 or another Contract
Document the reference r`efers-to that provision as amended or supplemented by other provisions of the Contract
t 1i Docth ntstpThe following costs to be reimbursed generall described in Article 7 shall specifically include:
-?q 'Payroll Tatesr Telephone toll charges office or on site
1r`W"°`(z0451, G C Ltcenses� g z Temporary Toilets Printingtreproduction costs
s ' -i Job Stipermtendent Holding tank and trailer Purchase drawings
1 K � k y *s Project Management on Sifi �x ;Safety McGoodwin, Williams General equipment rental
f � 5 Project Management at Home L 1501,, Y ,and Yates, Inc. General equipment fuel &
o 1 First aid/safety supplies lube
hR r'r4A' rl i JOb CleCk �+` r " A.aa� `"
NINE,'
G, ) �,, g, Protect openings and edges Equipment parts and repairs
IN I ZField McGoodwln WllliamsI Job drug testing Equipment insurance
t6 = and Yates Inc 's geyz4q 3 Temporary job fence Freight on equipment
t * r ¢Rodman A §=Temporary roads Concrete pumping
rnx Professlonal,.Surveyor i � ��,6A4R G. C. office trailer Mobile crane rental
Layout Supplies City of Mobile crane operator
Living,Expenses 1 Fayetteville/McGoodwin, Crane fuel
Superintendent Truck Williams and Yates, Inc. trailer Crane set up demob . .
Yr a Allowance 66 L
2f City of McGoodwin, Williams and
�7,'"` Field/rrade Truck Allowance Fayeueville/McGoodwin, Yates, Inc.ing fees/services
�F M Travelr& Expenses Williams and Yates, Inc. Storm water monitoring
fwrin ;Daily Clean-Up F furnishings
'Final Clean-Upo ! .-. :) Temporary sheds
Field Travel Set up and demob field ops. Small Tools & Supplies;
Construction Schedule Field office supplies Expendables (Bit, Saw, Rod);
{x, n' aj .. , Testing Lab Servyces Field office furnishings Cutting/Welding Consumables
Nk�ol 7! Temporar%y,Power Copier cost to be included as 7.7% of the
tt Temporary Nater lines Fax machine total labor
On-site computer cost (not including payroll taxes or
Telephone installation & Postage and shipping benefits)
equipment Water, ice and cups
Cellular phone Estimating expense at home
AIA DocumentA111^M - 1997. Copyrlpbt m 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1979, 1987 and 1997 by The American Institute of Archhects.
All rights reserved WARNING: This AIA* Document Is protected by US Copyright taw and International Trptlaa. UmuDrorhed reproduction or 10
distribution of tihb AIA* Document, or any portion of q may most In ssY dva and crbntrul penettbe, and with be prosecuted to the marimlen
orient possible under the has. This document was produced by AIA software at 12:37:43 an 10/18=5 under Order No.1000155229_2 which expires on
1/512006, and Is not for resale.
Usar Notes: (4137406507)
Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject
tg the.Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City, of Fayetteville, the
(contractor) will do everything possible to provide the documents In a prompt and timely manner as prescribed In the Arkansas
Fieedom"of Information Act (A.C.A. §25.19.101 at. Seq.) Only legally authorized photocopying costs pursuant to the FOIA may
Y :be'assessed for this compliance!
k�� i �`�r 1y v$' i y'.✓
§:14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
[below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
y166ated wv •^J;
+ Y h
(insert rate of interest agreed upon, if any.)
�,$) k N
r ., Q,, x O% per,annum
$Iytx
,41.
)IT.+ Y 'n e'r'r (Usury laws and requtrerrients'underthe Federal Truth in Lending Act, similar state and local consumer credit laws
1y'
N'cffitandtother,regulations at the City ojFayetteville's and Contractor's principal places of business, the location of the
Poled and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to
�, a y2 t
z a ot-, ons or modtficanans`andalso regarding requirements such as written disclosures or waivers.)
MAL t
14 3 The City-i of FayettevsUe s representative is:
ress)andothermfirniation.)
uy of Fayetteville iii + T ,, T
"I ITT11,
TPA.
�tV � David Jurgenss �1.), r
' RT113 W Mountain Streets +„
Ti Ti k Fayetteville ARr72701ry �(
Y�t, 4k t w£
k
w/copsesit
o
T,i �xywl. fk.` 1 �r{y
PN ` C1ty of Fay"etteville
t x' tu;lr", Mayor Den Coody ^, i .
^! T �" IT113 W Moutitasn Street s x ,
y Fayeitevillea`4R`72701 ,`
Y�# s § 14 Thee$Cogtractor s representat ve is:
11 I
" ^bis iti (Name addr`essandodierinformanon.)
TomMa.....
Sasfield &'come LLC 1 qiwn
f< 729 South30ih Street
a B_irmmgham AL 35233M'
[ z
r J s >
14 5Neither the Gny of Fayetteville's nor the Contractor's representative shall be changed without ten days'
wntten notice to the other party.
1 § 14.6 Other provisions:
f R p
For5iP1} I,h� ) Tti
yYy ARTICLE,15ENUMERATION OF CONTRACT DOCUMENTS
§;15.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated
as follows:
§ 15.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between City of
Fayetteville and Contractor, AIA Document Al l 1- 1997.
AIA Docum at A711^r — 1997. Copyright O 1920, 1925, 1951 , 1958, 1961, 1963, 1967, 1974, 1978, 1987 and 1997 try The American IraBNa of Architects.
All rights reserved. WARNING: This AW Document to protected by U.S. Copyright Ler sail Imemadonal Treatise. UneWwrlsed reproduction or 11
distribution of this AIAe Document, or any portion of it may mutt In severs sirs and criminal pernudw and will be prosecuted to the maximus
axiom possible under the tow. This document was produced by AIA software at 12:37:43 on 10118=05 under Order No.1000155229_2 which expires on
11512006, and Is not for resale.
Uaar Notes: (4137406507)
§ A.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,
AIAnl &bent A201-1997.
r�:�
05.11'17he Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows:
:' r <<Document Title Pages
NI ,See Attachment B provided by
McGoodwm;W illiams and Yates
F e f I A .yi fit � rjY4'lf
§71514 The Specificetrons are those contained in the Project Manual dated as in Section 15.1 .3, and are as follows:
` (Either Inst tR:e Specrfica{ions here or refer to an exhibit attached to this Agreement.)
ktli a of Speo>fieauons ezfiI it:
° - s c �:1-1 pt
n
§,151°5 The Drawings are as follows, and are dated unless a different date is shown below:
r It
t.' (Either Est the Drawings here or refer to an exhibit attached to this Agreement.)
`` � '4Titie of Drawingsvezlubit' F.ttachrneat C
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tr
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AOR; eOWE, .�e' fvSak�"Ctf c >%
§:151 6 The Addenda, if any are9as follows:
s�ry'+eZ� r Gig r r
Numberrb kf 44 Date Pages
wIWSee Attachment D provided by
=4 1vlcCoodwio Williams and Yates
^'* ;Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
rpt requireinentsl'are also gni inerated in this Article 15.
f s §.17517 Other Documents' if any forming part of the Contract Documents are as follows:
(Lrst,here any addrna W documents .such as a list of alternates that are intended to form part of the Contract
,> z, {. Documenin..iglA°Document A201 `1993 provides that bidding requirements such as advertisement or invitation to
't ' l did lnstructtgns to Bidders sample forms and the Contractor's bid are not part of the Contract Documents unless
r
'r , enumerated ih this Agreement. 7heyfshould be listed here only if intended to be part of the Contract Documents.)
iE l � X ? J f7 +i�tyi aY hkis«r a
PARTICLE 16 INSURANCE AND BONDS
(!as[rrequrred hmrts of habilityfor insurance and bonds. AIA Document A201-1997 gives other specific
+tYequtrements for rnsuraricetGnd bonds.)
t ' n ;
Brasfield & Gome LLC included in the price of their bid the cost of Builder's Risk Insurance that met the insurance
ix k require rnenlsof WSe Owner s`specifications. The Owner has elected to provide the Builder's Risk Coverage. In
exchange for;the reduction in the Contract Price shown in the Pricing Summary dated 10/13/05 @ 5:02 P.M, the
x r h.Owner will.pay die costs of any and all insurance deductibles incurred under their Builder's Risk policy and the
a 'Owner will'pay any J. mot covered by their Builder's Risk policy that would have been paid by the Brasfield &
Gorrie Blanket Builder's Risk policy, underwritten by the Zurich North American Insurance Company and
a e on gmallyiincluded in the Contract Price.
CIA
yx ' � u `Ex 'Y� � 21#e'f` a�EkRHA
Type of Insuranrs Limit of liability (E 0.00)
n r> r Y"` a71`s�%-See Cityof Fayetteville Requirements
AIA DocumentA111nr — 1997. Copyright m 1920, 1925, 1951, 1958, 1981 , 1963, 1987, 1974, 1978, 1987 and 1997 by The American Institute of ArchhodS.
All rights reserved WARNING: This AIA* Docranent Is protected! by U.S. Copyright Law and International Treaties. Unauthorized reproduction a 1.j
distribution of this AIA* DoclsneM, or any portion of ft, may mut In severe dva and almlrlal perlaabs, and add be prosecuted to the madmm
u
extent possible under the law. This document was produced by AIA software at 12:37:43 on 1011112005 under Order No.1000155229_2 which expires on
115/2008, and is not for resale.
User Notes: (4137406507)
This Agreement is entered into as of the day and year first written above and is executed in at least three original
copies of,which one is to be delivered to the Contractor, one to the McGoodwin, Williams and Yates, Inc. for use in
the administration of the Contract, and the remainder to the City of Fayetteville.
wt n' Yt� n I CITY OF FAYETTEVILLE (Signature) CONT (Signa r e)
Y kR
Gary Harrington, Vice President
N + " �w -
(Printed name and ails) , "; (Printed name and title)
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Sim
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'� �GC e �Y�'�. �k T�• _ e '
AIA Document Alll^ — 1997. Copyright ® 1920, 1925, 1951, 1958, 1981 , 1983. 1987, 1974, 1978, 1987 and 1997 by The American Ins"Me of Archhects.
All rights reserved. WARNING: This AIA! Doclment in protected by US. Copyright Law and International Treatise. Unauthorized reproduction or 13
distribution of this AIAs DocumeM, or any portion of IL may result In severe chrll and criminal penalties, and will be prosecuted to the rmzlinum
extentpossible under thekw. This documem was produced by AIA software at 12:37:43 on 10/18/2005 under Order No.1000155229_2 which expires on
1/512008, and is not for resale.
User Notes: (4137406507)
ATTACHMENT A
Westside WWTP
Fayetteville, AR
QUALIFICATIONS and Exclusions
Revised October 13, 2005
QUALIFICATIONS
Division 2.•
1 . We have excavated or undercut to the following sub-grade elevations at each structure:
a. Inlet Facilities: Undercut to Elevation 1225.5'
b. Grit and Scum Division Box: Elevation 1202.0' for lower slab.
c. Grit and Scum Removal Units: Undercut to Elevation 1225.0'
d. Grit and Scum Effluent Collection Box: Elevation 1223.2'.
e. Grit and Scum Pump Station: Undercut to Elevation 1224.0'.
f. Biological Division Box: Elevation 1226.5'.
g. Biological Units: Elevation 1217.5'.
h. RAS/WAS Pump Station: Undercut to Elevation 1211 .0'.
i. Final Clarifier Division Box: Elevation 1213.5'.
j. Final Clarifiers: Undercut to Elevation 1209.7' for main base slab.
k. Final Clarifier Effluent Collection Box: Elevation 1208.6'
1. Filters: Elevation 1205.0' for lower slab and 1210.5' for upper slab.
m. U.V. Disinfection: Elevation 1198.25' for lower slab and Elevation 1206.0' for upper
slab.
n. Post Aeration Basin: Elevation 1186.17' for lower slab and 1194.0' for upper slab.
o. Post Aeration Blower Building: Undercut to Elevation 1217.5'.
p. Flow EQ Basin: Excavated to 6" below bottom of base slab.
q. Flow EQ Pump Station: Elevation 1205.7'.
r. Chemical Feed Building: Undercut to Elevation 1210.5'.
s. Odor Control Building: Undercut to Elevation 1221 .3'.
t. Bio-process Magmeter Vault: Elevation 1213.8'.
Filter Effluent Box: Elevation 1199.0'.
u. Biosolids Processing Building: Elevation 1211 .25' for lower slab area and undercut
to Elevation 1215.7' for remaining slab area.
v. WAS Storage Tank: Undercut to Elevation 1214.8'.
w. Site Pump Station: Undercut to Elevation 1201 .8'.
x. Operations Budding: Undercut to Elevation 1227.5'.
y. Vehicle Storage Building: Undercut to Elevation 1215.0'.
z. North Electrical Building: Undercut to Elevation 1227.8'.
aa. South Electrical Building: Undercut to Elevation 1227.0'.
bb. Influent Metering Structure: Elevation 1236.5'.
cc. Effluent Discharge Structure: Excavated to 6" below bottom of base slab.
Westside WWTP • •
Qualifications and Exclusions — Page 2
If additional excavation or undercutting is required underneath the structures, the
excavation and backfill will be paid on a unit price basis per the following:
• Excavate unsuitable material: $ 3.75/CY (in place yards)
• Backfill with on-site engineered fill material: $ 5.00/CY (truck yards)
• Backfill with off-site engineered fill material: $ 8.60/CY (truck yards)
• Backfill with Class 7 ABC stone: $ 13.60/TN
2. We have furnished engineered fill underneath structures and backfill within structure
excavations as shown in the contract documents. Our proposal is based upon all other
types of excavated material being acceptable to use as general site fill outside of structure
excavations and in unpaved areas and berms, etc. We have also included a minimum of
6" compacted Class 7 aggregate base course underneath structures as shown in the
contract documents.
3. We estimate having to import 23,981 CY of "red dirt" material for suitable engineered
fill and backfill and to reach final grades. If additional imported material is required, it
will be paid for on a unit price basis at $ 3.60/CY.
4. Our proposal is based upon using excess stripped or excavated material from the
treatment plant site to construct the berms at the wetland site. If this material is
unsuitable or insufficient to construct the berms, off-site engineered filled material can
be brought in and paid for by the unit price set forth above.
5. We take exception to the following sentence in Specification Section 02300, Pages 9 and
20: "The contractor shall not receive additional compensation for any delays or changes
of any kind associated with any changes or redesigns required for the actual competent
limestone elevations." If any design changes are required to the drilled piers .and result
in additional costs, the contractor would be compensated.
6. We take exception to Specification Section 02300, Page 25, Note 8. We shall perform all
excavation and fill in conformance with the contract documents based upon the
qualifications as outlined above.
7. We have only included erosion control and tree protection for the work on the main
plant site. Any work associated with the New Broyles Road construction is not included.
8. Our proposal is based on the following average top of competent rock elevations for the
drilled piers and rock anchors:
• Inlet Facilities: 1216.3'
• Biosolids Process Building: 1213.7'
• Flow E.Q. Basin: 1213'
9. The drilled piers will be tested by tests hole inspection in lieu of rock core samples.
Westside WWIP 0 •
QuaGfica6ons and Exclusions — Page 3
10. The ornamental entry gate operator is included as a Liftmaster brand operator in lieu of
the specified operator.
Division 3:
1 . We have included dowel bar substitutes in our price for certain portions of the concrete
work.
2. 6" waterstops: Vinylex RB638H full 3/8" thickness.
9" waterstops: Vinylex RB938H full 3/8" thickness.
Hydrophillic: ADEKA MC2005P.
3. All expansion joint materials to be "Ceramar" by W. R. Meadows and meet requirements
of Specification ASTM-D-1752.
4. Hardener and sealer for concrete is priced as scheduled in Specification Section 03300.
Division 4:
1 . Foam fill insulation is included in exterior masonry walls only.
2. Masonry split faced block to be integral color in lieu of stained block.
Division 5:
1 . Aluminon weir plates are included at the concrete troughs. (Reference Drawing 10P3).
2. We include prime steel bar joist with bridging in lieu of galvanized. (Reference Drawing
19S4).
3. Aluminum checkered plate to be made of 5086 aluminon alloy in lieu of specified 6061
aluminum alloy. All load requirements will be as noted in the contract documents.
Division 6:
1 . Millwotk manufacturer to be Case Systems. (This is the millwork side of Fisher
Scientific).
Division &
1 . Metal door to have an R-value of 11 in lieu of 12 as specified.
Division 10:
1 . Key lock box to be Knox Box 3250 series.
Westside WWTP
Qualifications and Exclusions — Page 4
2. Lockers to be manufactured by ASI Storage Solutions in lieu of Republic Storage
Systems as specified.
3. Monument sign to be one-sided.
4. 4-each cast aluminum street numbers are included.
5. 40-each warning/caution interior signs are included.
6. 10" x 8" interior signs are to have aluminum frames in lieu of plastic.
7. Fire extinguishers specified as Halitron are included as CO,
Division 11:
1 . Epoxy lab countertops to be black.
Division 13:
1 . Pre-engineered wall panels are included as 24-gauge.
2. Interior wall panels are priced as PBR profile panels in lieu of flat sheets.
3. 12-each metal building color selections to be provided in lieu of the 20-each specified.
4. The roof insulation for the pre-engineered metal building is included as 6" thick R19
insulation.
Division 14:
1 . Variable frequency drives for hoists are 2-step instead of 3-step, as specified.
2. Flanged wheels are included for the cranes per industry standards.
Division 15.'
1 . The Penberthy mixers at post aeration are constructed of 304 stainless steel.
2. Pipe encasement is flowable fill.
3. Bolting for flanged joint DIP is as follows:
• Exposed: A307. Grade B with heavy hex head and nut with plain mill finish.
• Submerged: 316 stainless steel with standard heads and nuts.
4. The plant effluent line is included as cement lined D.I.P.
Westside WWI?
Qualifications and Exclusions - Page 5
GENERAL:
City of Fayetteville acknowledges that Brasfield & Gorrie, LLC's price does not include an
allowance for escalation in prices of material or labor due to extraordinary circumstances
such as war or natural disaster beyond the control of Brasfield & Gorrie, LLC. If such price
escalation occurs during performance of the work, Brasfield & Gorrie, LLD=C will give City
of Fayetteville written notice of such occurrence and McGoodwin, Williams and Yates, City
of Fayetteville and Brasfield & Gorrie, LLC will work together to limit the impact of the
price escalation or Brasfield & Gorrie, LLC will be provided a Change Order to compensate
for the additional costs or delays associated with the labor or material price escalation.
EXCLUSIONS
1 . Testing water cost. .
2. Watchman
3. Hazardous material abatement.
4. Soil treatment.
5. Epoxy bonding agents.
6. Water reducing admixtures.
7. Filter Fabric @ A/8S2.
8. Cleanouts or inspection ports in concrete forms.
9. Measuring floor and slab flatness testings.
10. Factory waterstop fittings. (B&G to fabricate in the field).
11 . Rubbing the underside of formed floors or slabs.
12. Rubbing the inside surface of walls that have either a cover or grating covering.
13. Water curing of walls.
14. Underslab dampproofing.
15. Locker room hampers.
16. Audio visual equipment.
17. Office furnishings and equipment.
18. Residential appliances.
19. Class 1 , Group C, Division 1 , explosion-proof motors for cranes and hoists.
20. Any new GBT material.
21 . Initial chemical fill.
22. Spark resistant components for cranes and hoists.
23. Di-eonized water system.
24. Power company charges for primary service to site.
25. Fire treated lumber
26. Greencutting.
27. Charges and/or fees by Arkansas Western Gas to extend service to the location shown
on the plans.
28. Owner's Protective Insurance.
29. Sewer impact fees.
30. Building permit cost.
31 . Water impact fees.
32. Storm water permit.
Westside WWTP
Qualifications and Exclusions — Page 6
33. Plan Review Fees.
34. Gross Receipts Tax.
35. Liquidated Damages.
36. Maintenance Bond.
ATTACHMENT `B"
Project Manual Title:
PROJECT MANUAL
FOR
FAYETTEVILLE PROJECT NO. 02133
CONTRACT NO. WP-3
WESTSIDE WASTEWATER TREATMENT PLANT AND
WETLAND MITIGATION SITE
(RLF PROJECT NUMBER CS-.050803-03)
AND BROYLES ROAD IMPROVEMENTS
FAYETTEVILLE WASTEWATER SYSTEM
IMPROVEMENTS PROJECT
Project Manual Volumes: Volume 'I of 3, dated March 2005
Volume 2 of 3, dated March 2005
Volume 3 of 3, dated March 2005
ATTACHMENT "C"
DRAWING LIST
FOR
FAYETTEVILLE PROJECT NO. 02133
CONTRACT NO. WP-3
WESTSIDE WASTEWATER TREATMENT PLANT AND
WETLAND MITIGATION SITE
(RLF PROJECT NUMBER CS-050803-03)
AND BROYLES ROAD IMPROVEMENTS
FAYETTEVILLE WASTEWATER SYSTEM
IMPROVEMENTS PROJECT
Volume 1 : General, Civil, Utilities, Architectural, Structural, dated March 2005
Volume 2: Plumbing, Mechanical, Instrumentation, Process
Volume 3 : Broyles Road Improvements