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31-98 RESOLUTION
RESOLUTION NO 31- 9 8 A RESOLUTION APPROVING A RECONCILIATION CHANGE ORDER NO. 3 FOR EDWARDS DESIGN & CONSTRUCTION IN THE AMOUNT OF $29,119 FOR FINAL PAYMENT; APPROVING AGREEMENT FOR ENGINEERING SERVICE AMENDMENT NO. 2, WHICH SHALL NOT EXCEED $27,417, WITH CEI ENGINEERING; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby approves Reconciliation Change Order No. 3 for Edwards Design & Construction in the amount of $29,119 for final payment, approves Agreement for Engineering Service Amendment No. 2, which shall not exceed $27,417, with CEI Engineering; and authorizes the Mayor and City Clerk to execute the change order and agreement for said amounts. A copy of above documents are attached hereto marked Exhibit "A" and made a part hereof. Section 7 The City Council hereby approves a budget adjustment in the amount of $30,000 increasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 95040 by decreasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project 95038. A copy of the budget adjustment is attached hereto and made a part hereof. 7, -----comp AND APPROVED this day of March , 1998. 1:: i, t • ATTEST: By: Heather Woodruff, City Clerk APPROVED - By: 4fA‘kfrtet4-----" Fred Hanna, Mayor • AGREEMENT FOR ENGINEERING SERVICES AMENDMENT NO. 2 This is an amendment to the Agreement for Engineering Services for Wedington Drive Water & Sewer Relocations executed on the J 7 J -A day of /114r64 , 1998 between the City of Fayetteville, Arkansas and CEI Engineering Associates, Inc.. Additional services were required due to extra expenses incurred by CEI Engineering Associates, Inc. as a result of the contractor going past the Contract Times to complete the construction. The charge for the additional services shall not exceed $32,000.00, and will include all surveying, construction contract administration, and inspection, except that the following credits will be given to the City of Fayetteville: • subtract $1,542.50 for time related to changes in Water Line B west of Sang Ave. • subtract $1,148.00 for expenses related to the relocation of a fire hydrant. • subtract $1,892.50 for time related to the addition of a storm sewer and junction box. Thus the net charge for additional services shall not exceed $27,417.00. CITY OF FAYEFIEVILLE: Mayor CEI Engineering Associates, Inc. n tc 3 caotk awl 44 //� fj Cil A' c, Title Date 3-/7— 98 Date 211679 [RECEIVED FFR 9 0119'98` EXHIBIT A CHANGE ORDER No. 3 PROJECT Nedington Dr. Utilities Rel ocation PROJECT NO. 30961.0 DATE OF ISSUANCE EFFECTIVE DATE OWNERy of Fayetteville OWNER'S Contract No. 96-41 CONTRACTOR Edwards Design & Constriirt1on ENGINEER ('ET engineering Asscriates, Inc You are directed to make the following changes in the Contract Documents. Description: Reconcile units installed to contract amounts Reason for Change Order: See Attached Attachments: (List documents supporting change) Description & Unit price details CHANGE IN CONTRACT PRICE: Original Contract Price $ 1,091,455.50 Net changes from previous Change Orders No._to No. 2 $ 107,821.46 Contract Price prior to this Change Order $ 1,199,276.96 Net Increase(decrease) of this Change Order $ +29,119.00 Contract Price with all approved Change Orders $ 1,228,395.96 RECOMMENDED. APPROVED - By: d .ta..tYt 7i •-t By. CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion- 120 Ready for final payment: 150 days or ares Net change from previous Change Orders No. 1 _to No. 2 2 ay, Contract Times prior to this Change Order Substantial Completion: 172 Ready for final payment: 202 aye or darn Net Increase (decrease) of this Change Order 39 dap Contract times with all approved Change Orders Substantial Completion: Ready for final payment: 211 241 aye o<aus amiss ACCEPTED: e By: Engineer (Authorized Signature) Owner (Aoiharved Signature) Date: 2/51i Date: 3'17-9 Date: WEDINGTON DRIVE UTILITIES RELOCATION PROJECT Change Order Number 3 Reconciliation Change Order Description As with all unit price contracts, a change order must be issued at the end of the project to reconcile the quantities actually installed to those which were estimated at the start of the project. This change order provides that reconciliation, adjusting quantities in the contract to those installed based on actual measurements in the field. In addition, several changes/modifications to the project have been required, or the Contractor encountered changed conditions in several areas. The Contractor accumulated these during the course of the project, rather than submitting them item by item as the project progressed. Each of these changes or modifications have been reviewed with the Owner's engineering department, quantities and unit prices agreed to, and in some cases the amount adjusted downward. The Engineer has verified these items at the site. These items are as follows. • Install pressure reducing valves at two locations where old valves were found to be not serviceable. The problems were raised by the property owners, who claimed that the City's overall project caused the valves to fail This was not in the Contractor's original scope of work. • Tie in farm house to 24 -inch main. Due to no fault of Contractor, Owner requested that this house be connected out of sequence of the work, causing additional expense. • Remove and replace a water line at the east side of Sang that was in conflict with the AHTD work. This was caused by the extremely tight working space among all utilities, as well as by some changes in the AHTD design after this project was designed. • Expose and check, at Owner's request, several existing pressure reducing valves that were thought to be dad, but which were found to be satisfactory. • Remove 42 -inch diameter casing at Lewis Street to allow for installation of new casing. The drawings called for the new casing, but no one was aware of the existing, substandard casing that would have to be removed before the new one could be constructed. This was a changed condition. • Expenses and lost time related to encountering gas in trench next to a converted service station on Garland Avenue. Contractor completed certain clean-up items at the Owner's request, and had standby time, and maintenance, mobilization, and demobilization expenses. This was a changed condition. • Revise pipe location and add fittings to water line B west of Lonnie Drive, due to telephone company installations. This was due to the slow progress of the telephone company at executing their new work and removing their old. This was a changed condition. • Cut and cap a 21/4 -inch diameter line at Vista Street. This water line was not known to exist at the time of the design and was discovered during construction. The work was executed by the Contractor at the Owner's request. • Remove existing storm sewer, construct new storm sewer and modify existing drop inlet as required. This work was required due to an undocumented storm sewer at the corner of Hall Street and Wedington. This project conflicted with the storm sewer, which had to be removed and relocated, necessitating the modification of the drop inlet. The Owner requested the Contractor to execute this work. • Remove and reinstall a fire hydrant that proved to be in the way of proposed AHTD storm sewer construction. This was a changed condition to the Contractor. • Improve and maintain ditches in the area of an undocumented storm sewer cross drain The work was required to prevent flooding of two residences. • Cut and remove undocumented 24 -inch diameter casing pipe to allow installation of a water service tap. This was a changed condition. • Remove gravel drive at the corner of Eva Street and Wedington and replace with sod. This work was executed at the request of the Owner. In addition, this Change Order includes two claims that the Owner has against the Contractor. • $259.00, for damages caused at 2330 Wedington Drive, which the Contractor had agreed to pay but never did. The Owner paid these claims and is back -charging the Contractor in this Change Order. • $998.00, for damage caused by the Contractor to the traffic light controller at the southwest corner of Wedington and Garland. Changes in Contract Price See the attached table of all unit price items, together will all changes from the originally estimated quantities. Changes in Contract Times 1. The Contract Time is extended by 15 days to account for extra time related to rock excavation. 2. The Contract Time is extended by 5 days to account for delays for ditch work in the Vista Road area 3. The Contract Time is extended by 6 days to account for abnormal weather conditions. 4. The Contract Time is extended by 13 days to account for time required for various items included in this Change Order. 5. These changes in Contract Time leaves the project Substantially Complete 183 days after the revised contract completion date. Included in this Change Order is an assessment of Liquidated Damages for 183 days at $200.00 per day. Change in c0 D 0 E Q (D0 .n m I r IA $ 742.00 1 O 0 mv 0 to (0 m 0 to (0 1n 6 01 w 0 o vi 0 $ (300.00) $ 749.00 1 0 0 0 0 03 ((0 03 $ 2,750.00 $ 1,875.00 I7 $ (575.00)1 0 1 w 69 1 IA 1 w 1 w w 1 w 1 w (03 1 w 1 w 1 w O 0 6 10 CO 0 0 6 v w w 1 $ 230.00 1 I w 1 $ (300.00)1 $ 275.00 w 1 -1 $ 200,00 $ 400.00 $ 200.00 $ (200.00) 5 -5 $ 100.00 $ 1,000.00 $ 500.00 $ (500.00) New 1 c O (D 1n 6 n (0 C) M 19 $ 1,325.001 00 0 O• v (0 10 19 03 ID (0 r V 01 19 $ 6,987.451 0 6 CO r M 0 0 O (0 C) 03 $ 186,774.001 0 0 0 0 N_ N W 0 0 0 0 O r r N 0 0 0 0 0 0 W $ 2,875.00 $ 350.00 0 0 N r N 03 0 0 6 v 0 Cli M $ 5,200.00 0 0 0 0 N f9 0 0 0 0 0) tD 03 0 0 0 0 m V f9 0 0 0 0 A M r {9 0 0 0 0 m <II f9 $ 1,700.00 1 0 0 O 0 N of W $ 2,600.001 $ 33,600.00 $ 11,050.00 $ 6,120.00 0 0 O ID O O 19 I $ 3,730.00 $ 575.00 0 0 O 0 C. n:Q r 0 1 $ 2,475.00 0 0 C 0 0 03 Original Amount $ 321,840.00 $ 583.00 $ 0 0 O N Q fA 0 0 N (0 N 19 7,200.00 0 O O 03 f9 fn (0 19 0 0 O 0 O u, N O W W $ 68,000.001 $ 8,250.00 0 0 ^ c0 f9I $ 3,450.001 $ 350.00 $ 275.00 $ 0 0 V m m W 5,200.00 $ 2,100.00 $ 16,900.00 $ 4,900.00 $ 13,750.00 $ 4,600.00 0 0 6 0 n r IA 1 $ 4,200.00 $ 2,600.00 $ 33,600.00 0 0 O 0 O ' f9 0 O O m O w IA 1 $ 10,450.00 $ 3,500.00 1 $ 575.00 0 O O O O M 1 $ 2,200.00 0 0 6 0 m e9 Unit I in U d 0 O (Ni n. 19 69 0 0 C) N(0 fA 0 (0 0 10 N m 19 0 0 N r i9 0 0 m M 0 0 (D IA $ 3.50 1 $ 6,800.00 $ 2,750.00 1 $ 625.00 $ 575.00 $ 350.00 $ 275.00 $ 3,280.00 $ 2,600.00 $ 2,100.00 0 0 O 0 ) 7- IA 0 0 O V N 19 $ 13,750.00 $ 2,300.00 0 0 0 0 r M 0 0 0 0 r 0 0 0 0 CO, r fR 0 0. 0 0 r 19 0 0 0 N W 0 0 0 v to, 0 0 1n m lA 0 0 10 M 111 N. 10 63 1 $ 300.00 $ 275.00 1 $ 450.00 ocation, Fayetteville Conl Detail of Unit Price Items, Final Quantities, and Final Changes l Change in Quantity CO a C) 01 'Cr r O N 7 to 0 O 0 r ? 1n 0 (n p N r l r C) r ' 0 0 0 0 0 0 0 0 0 0 0 0 0 r r 0 (p C 0 7 7 0 Actual 1 C (0 J Of 4493.48 25 0 r 6449.95 1 465.83 10 L- 0 0 1 533641 0) 'P t0 r 0 r r (h N r r N r N r (0 N r N 221 Cl ^ 0 r (0 Q 0 0 0) 1n 0) N Reconciliation Change Order I Plan Quantity 0^ y Q 12801 6450 480 0 0 r 53150 0 r C1 C1 r 10 r r C) N r r N, N r C) N N 0 N N N ^ 0 r COL 0 O 0 (D CO N N 0 1- N C Dto LF LF E LF 1 LF 1 LL J LL J LL J m J EA < LLWl < W < W < W < IL < W < W < W < 14111 < L111 < W V3 < W < Ill < W < LLLL1l LL J LL J ILF q w < W Q LLJ a LLl a W a W < LLl Description 24 -inch DI Pipe 16 -inch DI Pipe 12 -inch Water Main I 8 -inch Water Main I 6 -inch Water Main 4 -inch Water Main 2 -inch Water Main Ductile Iron Fittings 24 -inch Butterfly Valve 12 -inch Butterfly Valve 8 -inch Gate Valve 6 -inch Gate Valve 4 -inch Gate Valve 2 -inch Gate Valve 3 -inch AirNacuum Valve 2 -inch AlrNacuum Valve 1 -inch AirNacuum Valve ,24x20 -inch Tap 24x8 -inch Tap 16x16 -inch Tap 6 N H L o co _ N 0. 01aF L C CO N 01 r L U '- 0% 16x6 -inch Tap c T S LL 124 -inch Steel Casing 16 -inch Steel Casing 142 -inch Split Steel Casing 13/4 -inch Water Service 11 -inch Water Service 1Single Meter Set 1Double Meter Set 1Cut & Cap 16 -inch 1Cut & Cap 12 -inch Cut & Cap 8 -inch E W O Z r N 10 Q N 0 A COm m O r N C) V (0 up n. n. no N r m 0 N r' N N N M N 24 N N N N r- N 03 N 29 0 C) Cl N (7 33 V M CI 0 o O O'0i ... 0 r M $ (725.00)1 o 0 O r 03 0 6 61 0 N W $ (4.725.00)1 $ 80.00 19 $ (130.00) $ (372.00)1 1 $ r M r 69 r 01 0 0 O N n Q 4111 0 o N CO NI 10 CO $ 2,060.001 1 49 '19 r1 M 49 1 M 1 '9 0 0 O CD 19 o 0 0 •N- ... 49 1i M 63 rn rn in N bi I 1 $ 400.00 O O O 0 (0 49 $ 675.00 1 0 O 0 N N 0) 69 0 r0 0 Cl 0 O r 4. 0 0 1 0 n 0) (0 19 0 0 0 (0 C) Ci 19 0 0 0 O Y l0 9-r 19 $ 5,495.001 0 0 m t0 (0 r 09 0 0 O ID n 19 $ 1,500.001 0 0 O 0 O r 69 $ 2,000.00 1 0 0 N V r 69 $ 11,822.00 $ 4,060.00 $ 1,750.00 $ 800.00 0 0 10 t` < 1.11 CO 0 0 0 N O r 19 1 $ 5,250.00 $ 7,000.00 r 69 0 N N (0 o 49 1 $ 1,500.00 $ 42,500.00 10 0 Ni 0 O R 0 19 $ 500.00 00 O 0 CO 09 $ 1,400.001 O O 0 03 r 10 19 0 0 CO 01 W O 0 0 t` r r 69 $ 3,280.00 $ 18,400.001 $ 5,625.00 0 O v O N 69 0 O 10 !` 19 $ 1,500.001 $ 1,000.00 $ 2,000.00 $ 7,000.00 00'000'9 $ $ 2,000.00 $ 1,750.00 00'009 $ $ 5,475.00 0 O '0 O r M 0 O 1n N to M $ 7,000.00 $ 200.00 $ 18,750.00 $ 1,500.00 $ 42,500.00 10 10 1n < 01' O M 0 0 O 0 69 0 0 N t` M $ 25.00 1 0 0 ^ fA 0 0 4 03 0 0 b r Hi 0 0 6 r f9 0 0 O (0 r 69 $ 125.00 1 $ 120.00 0 0 O (0 O el 0 0 N S. 1 o0.00t $ 0 0 O 0 69 0 0 O r M $ 20.00 $ 5.00 $ 250.00 $ 200.00 0 0 Y) t• 19 1$ 50.00 $ 750.00 0 0 O O 69 0 0 O N 69 1 $ 25.00 1 0 0 M M 0 0 O 0 N Q 69 1 r 0 -291 110 145.75 0 t' V) 0 O r • 0 0 0 0 474.5 291.1 N < 0 0 0 co O O q (0 0 0 O 03 t` N 0 CO R 780.75 10 (0 Q 0 (0 (0 0r ? 0— .O- 0 0 C) 0 0 N 1174.51 T r0 812 1- 71 O 1 731 r N N. 0 r 0 N N IT 0 0 (.j r 10 on 56 3701 0 00rV r 0 N 0 t` r r 3001 O N 7001 0 COC) 4001 N. Q Cr n 0<'0 16 N. 0 0 0 r W W J J J J J EA >> W W_( W LL LF LF LF LF W W W W W W W IL F LF � 36 Cut & Cap 6 -inch Cut & Cap 4 -inch & Smaller 12 -inch PVC Sewer 8 -inch PVC Sewer 0-6 ft 8 -inch PVC Sewer 6-8 ft 8 -inch PVC Sewer 8-10 ft 8 -inch PVC Sewer 10 ft + 4 -ft Manhole 4 -ft Manhole Extra Depth Drop Manhole Remove Manhole 4 -inch PVC Sewer Service 8x4 -inch Service Wye 30 -inch Casing Extension Ashpalt Cut/Repair Concrete Cut/Repair Gravel Drive Repair Connect Existing Sewer Services Connect to Existing Sewer Remove Water Meter Remove Valve Box Remove Fire Hydrant 1Reconnect Water Services Transition Couplings 1Concrete Encasement 1Clear & Grub 1Excavation Safety 371 CO C) CD co 40 I 411 ? 1 44 44 P 1 461 O 481 1 491 $0 10 10 0 r0 < N 5$ 11 56 t` 10 0 0 O) N 0 (O r 0 N (0 $ (2,236.50) $ 2,317.00 1 i•.4 IA W W $ (200.00) $ (200.00) $ (200.00)1 0 m N f9 0 6 IA M $ 750.00 1 0 O (O M IA $ 6,411.00 1 O O O 0 19 N h O 69 $ 459.60 $ (2,765.00)1 1 fA i iR 19 0 O IA $ (3,644.70)1 i• M !A V Q IA 0 O M IA (A 1 M 69 0 LO m N (O Cl"; (7 e di 0 O r r r Oj 11, $ 2,750.00 $ 2,300.00 $ 1,600.00 $ 400.00 1 69 1 IA $ 2,934.00 1 � W 0 O O O bf $ 750.00 1 ' 69 0 O O 0 4 0 O r 0 m H ' IA 0 N N V Ni 19 0 (O 0 0 r 69 0 0 h 0 T ,- E9 $ 3,500.00 1 $ 4,000.00 1 0 0 O 0 M IA 1 $ 95,250.30 0 0 tO 0) 0 0 0 O 0 W 1 $ 2,202.40 O 0 O h M $ 417.00 1 $ 750.00 CO O O 0 fA 0 O IO 01 00) OD M $ 41,895.00 1 $ 2,800.00 $ 2,750.00 $ 2,300.001 0 0 O O O r Vi 0 0 O O b 19 $ 200.00 $ 200.00 0 0 O O O 4, $ 50.00 1 $ 0 0 0. O W 49 0 0 0 0 (O r 49 0 0 0 0 0 M 0 0 0 0 Cr N M 0 0 0 0 O 0) (R 2,000.00 0 O O O f0 IA 0 O O O Nr 0 IA $ 3,500.00 $ 4,000.00 $ 5,000.00 0 0 O 0 69 $ 98,895.00 1 $ 1,946.00 $ ----- 100.00 $ 2,202.00 0 0 6 10 19 $ 417.00 1 $ 750.00 (0 [O V W 1 $ 8,926.46 $ 31.50 O N (') 4, $ 2,750.00 $ 2,300.00 O 0 O 0 (O r- 4 $ 200.00 O 0 O 0 19 O 0 O 69 $ 20.00 $ 5.001 O 0 6 10 19 $ 750.00 0 0 0 0 (0 r IA 0 0 0 0 0 19 0 0 0 (O 0 0 0 0 CO IA 0 0 0^ CO 69 0 0 M 0 0 h 0 I9 0 0 O 0 0 (9 $ 4,000.00 $ 5,000.00 O 0 6 0 M 0 0 Y r IA 0 0 O 0 I- 01 0 0 O 00 (9 0 0 Si r M 1 $ 417.00 $ 750.00 $ 3,461.46 r 1r N D v 0 0 0 r 2 20 r (O0 O O N- r 0 0 '0 o 00 7 5.441 (7 n 0 0 0 0 r 1 0 0 0 0 0 0 0 (CHANGE ORDER NO 1 1 1 No 01 14621 r r r N 0 0 146.7 0 N r 0 r 1 146.851 0 O Q O N 0) 0V 003 r r r 0 1 139 �- 0! N r r 0 t7 () r 0 O 0 r r r 0 N 0 N 1oc 0 N 0 r r 40 0 r N 0 0 `r r r r r 0 `- r 1 Lel r N r r r LF LBS W W W W W LF LF LF EA EA W W CO W to J SY LS LS LS U J W N J 1LS J 1Ls 12 -inch PVC Water Pipe Ductile Iron Fittings 1 12 -inch Valve 12x10 -inch Tap Fire Hydrant E 12 -inch Cut & Cap 6 -inch Cut & Cap Ashpalt Cut/Repair Concrete CuVRepair Gravel Drive Repair Remove Valve Box Remove Fire Hydrant Tie in 6 -inch Main 2 -inch Water Service Non -Reinforced Conc Pavement Reinforced Concrete Pavement (Asphalt Paving Curb & Gutter Remove/Replace 4 -ft Sidewalk Remove/Replace Tree Removal Traffic Control Trench Safety 1Rock Excavation 1Change Order No 1 Totals Change Order No 2 18 -inch PVC Sewer 1Sewer Service Wye— - Asphalt Paving 1Gurb & Gutter Remove/Replace Remove 6 -inch Sewer 1Tie to Manhole Lewis Street Time Change Order No 2 Totals t7 03 0 N 251 M CA 0)) 10 N N 0 N en (0 (0O ((O (O 67 00 0O 70 r r r 40 67 0 74 N 76 $ 1,109.85 $ 1,044.93 $ 15,812.32 N m O r 0 0 ' 6 r 0 01 N r ` 0 0 (r) 0 0) 0 0 (h CV N (%) el)1 CO O $ 1,148.00 1 v V ^ V) $ 225.00 1 v r0 N N 0 O (D $ (259.00)1 0 0 N O) I $ 27,164.71 1 1Total Original Plus All Change Orders _ 1 I 1 1 $ 1,228,395.96 1 $ 29,119.00 4, t9 M W M M M 49 M fH $ 1,109.85 $ 1,044.93 N $ 1,028.12 I 0 $ 14,732.901 0 $ 223.00 1 r 0 O 0 R 0 0 0 M 0 0 CO O0 r 0 0 0 h r N (0 0) Q VT 0 LO NCO en O V) 03 0' nr (0 CO :(7) mN Y) (0 04 0)r tli r 0> O r N N 0 ... N VA 43 (A W M bi (A (A (R 4) 63 (A 1 1 1 1 1 1 1 s 1 1 1 1 1 1 4i 19 (9 43 19 69 49 f9 W 4i 69 (A 49 69 4i S Change Order No 3 Items 1 1 1 I 1 6 $ 1,044.931 N O $ 14,732.90 O $ 223.00 $ 10,891.31 1 O ^ I $ 225.00 < I $ (200.00)' $ (259.00) 00 (0 to ^ O 0 O o N m N O N iD (0 LO V 0) t7 N 01 0) r N r 0) r N N 4) 19 M 4) 4) 49 a 19 49 r r r r r - r r m r - r r r .- r r r r 03 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LS LS LS 1 LS LS } ILS LS J J J J CO JQJ 0 PR Valves C Sang Avenue Modifications PRV related work 42 -inch CMP Casing Removal consolidated with number 5 Petroleum Work at Garland Ave Telephone Related Extras Cut & Cap at Vista :Hall Street Storm Sewer Work Fire Hydrant Re -set Ditch work for changed conditions 124 -inch CMP Casing Removal 1Eva Street Drive and Sod Liquidated Damages Assessed Damages at 2330 Wedington 1 Damage to traffic controller Chane Order 3 Totals N 7 > CO W .- N 0)? 10 CO r 0) 003^ r- .10- 14 � r City -of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Public Works Division: Water & Sewer Program: Capital Water Mains - Date Requested March 17, 1998 Adjustment # Project or Item Requested: Project or Item Deleted: None. A portion of Rolling Hills Water Line Replacement project funding is proposed for -trthis adjustment. Additional funding is requested for the Wedington Water & Sewer Relocation Project. • • Justification of this Increase: Added construction and engineering cost incurred while the project was in progress caused the total cost incurred to exceed the remaining budget. • Justification of this Decrease rTheproject is :in :phases.' """ Y 3 _41 scheduled to be accomplished ti IF:L' v: u•r'tt ,, , tit '7 - Account Name 4• "Capital Water 'Mains ,,....,.;,>. Expense (Decrease Revenue) 'Amount '5= ry7F Account Number j Decrease Expense (Increase Revenue) Amount u£:.. Account NumberY Capital Water Mains 30;000., 5400 5600 Via'::; Project Number .1' 5808 . 00 c .•;95038 'mr� ,.,.• ...K Approval Signatures Requested By Budget Coordinator Budget Office Use Only cg- 041a ' Date 26 nr ypc: =Date of Approval Department Director `Posted to General Ledger Mayr Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the -Fa e illo City —Council mooting cf Mayor's approval only FROM: / Sid NorbashEngineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order #2 to the contract with Edwards Construction and Design, Inc. in the amount of $8,926.46 for Wedington Water & Sewer Relocations Project. COST TO CITY: 8.926.46 Cost of this Request 4470-9470-5808-00 5400-5600-5808-00 Account Number 95019 & 95040 Project Number GET REVIEW: inator S1,Zu3� Wedington W/S Lines Reloc. Category/Project Budget Category/Project Name ci Funds Uses To Date Remaining Balance X Budgeted Item Capital Water & Sewer Mains Program Name Water & Sewer Sales Tax Fund Budget Adjustment Attached Administrative Services Director LEASE REVIEW: GRANTING AGENCY: Accountin Manag Date A A Coordinator Date Cit Att rney Date L ernal Auditor CI Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of Change Order #2 977 Di ision Head Date Department Director Administrative Se ces Director Mayo: Date 10? / Date //97 Date Cross Reference New Item: Yes_ No l� Prev Ord/Res #: Orig Contract Date: —Pc 5zq Cite f I +J2(. CHANGE ORDER LECEVE No.2 PROJECT Wedington Dr. Utilities Relocation PROJECT NO. 10963.0 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Fayetteville OWNER'S Contract No. 96-41 CONTRACTOR. Edwards Design & Construction ENGINEER CEI Engineering Associates You are directed to make the following changes in the Contract Documents. Description: Water & Sewer changes in Eva St. and Lewis Dr. area Reason for Change Order: See attached Attachments: (List documents supporting change) Description and Unit Price Details CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 120 $ 1,091,455.50 Ready for final payment: 150 days or dun Net changes from previous Change Orders No._]�to No. Net change from previous Change Orders No. _1 to No. $ +9R,R9S +45 days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: 165 $ 1,190, 350.50 Ready for final payment: 195 days or dazes Net Increase(dWMWe) of this Change Order Net Increase ( ) of this Change Order $ A,926_46 - +7 days Contract Price with all approved Change Orders Contract times with all approved Change Orders Substantial Completion: 172 $_1,199,276.96 Ready for final payment: 202 days or dates RECOMMENDED: APPROVED: ACCEPTED: By: on.tr,'_�_ _ T By: By: Engineer (Authorized Signature) dwner (Authorized Signature) Con ( uthorized Signature) Date: 7/3/s7 Date: _�/i1///'2 2 Date: WEDINGTON DRIVE UTILITIES RELOCATION PROJECT Change Order Number 2 Eva Street and Lewis Drive Area Changes Description At Eva Street, remove approximately 139 liner feet of existing damaged 6 -inch sewer, and replace with 8 inch SDR 26 sewer. Revise the grade of this sewer so that downstream manhole Cl does not have to be a drop manhole. Remove and replace curb and gutter and pavement as required. Properly dispose of removed sewer pipe. At Lewis Drive, extensive concrete was encountered unexpected concrete structures or encasement of other utilities in the location where utilities under this project were to be installed. This required the use of special drilling equipment and personnel to drill through the concrete and allow the project to go forward. This work was done on a time and materials basis. This Change Order incorporates that time and materials into the contract. Contract Price Changes Item Item Change to New Est. Unit No. Description Unit Quantity QuantityPrice 40 8 -inch PVC Sewer LF +139 774 $14.00 6-8 feet deep 50 Service Wye and EA Tie-in 67 Asphalt Street SY Repair Paving 68 Curb & Gutter Remove LF & Replace 74 Remove Existing LS 6 -inch sewer 75 Tie to existing LS Manhole 76 Lewis Street Time LS & Materials New Total Price $10,836.00 Price Change +$1,946.00 +1 11 $100.00 1,100.00 +$100.00 +27.53 52.53 $80.00 $4,202.00 +$2,202.00 +4.17 54.17 $12.00 $600.00 $50.00 $417.00 $750.00 $3,461.46 $417.00 +$417.00 $750.00 +$750.00 $3461.46 +3461.46 Net Change Order Amount $8,926.46 Yo RESOLUTION NO. 5 - 9 7 A RESOLUTION APPROVING • �ANGEORDER O:,1 "TO THE r o rT'CW�HDVVADS—DESIG-1�—= & C'MMIRnU"C�T-1O CO ANY; INC T E�AA�O J1T OFI $98$95;:_EOTIEGARIAN-A�7ENU�'1 "`VATEIt�MAIN «Fl�iF1:PkO]ECI7 APPROVING A RELATED BUDGET ADJUSTMENT; APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH CEI ENGINEERING SERVICES INC. FOR ENGINEERING OF THE GARLAND AVENUE 12" WATER MAIN PROJECT; AND, APPROVAL OF THE USE OF THE EXISTING PROJECT CONTINGENCY AMOUNT OF $55,000 FOR ENGINEERING SERVICES, ESTIMATED NOT TO EXCEED $8,500, IF NEEDED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Change No. 1, to the contract with Edwards Design & Construction Company, Inc., in the amount of $98,895, for the Garland Avenue 12" Water Main Replacement Project. and authorizes the Mayor and City Clerk to execute said change order. A copy of the change order is attached hereto marked Exhibit A and made a part hereof. Section 2. That the City Council hereby approves a budget adjustment in the amount of $98,895 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project 95040 by decreasing Use of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment is attached hereto marked Exhibit B and made a part hereof. Section 3. That the City Council hereby approves Amendment No. 1 to the agreement with CEI Engineering Services Inc. for engineering of the Garland Avenue 12" Water Main Project. A copy of the agreement is attached hereto marked Exhibit C and made a part hereof. , Section 4. That the City Council hereby approves the use of the existing project -co t ngency ; amount ;of $55,000 for engineering services, estimated not to exceed $8500, if APPROVED this 21st day of January , 1997. i : APPROVED• By Fr d Hanna. Mayor ATTEST: By: Traci Paul, City Clerk 1R3 L63 EXHIBIT A CHANGE ORDER NO. 1 WEDINGTON DRIVE UTILITY RELOCATIONS DATE OF ISSUANCE OWNER: City of Fayetteville, Arkansas CONTRACTOR: Edwards Design & Construction, Inc. ENGINEER: CEI Engineering Associates, Inc. You are directed to make the following changes in the Contract Documents. Description: Add the 12 -inch PVC Garland Avenue water line to the project, including all connections and appurtenances indicated on drawing numbers 22 and 23, prepared by the Engineer and dated 12/9/96. Reason for Change: Added to project by Owner. Attachments: Schedule of Pay Items Changes, Drawing 22, Drawing 23. CHANGE IN CONTRACT PRICE Original Contract Price $1,091,455.50 Net changes from previous Change Orders $0.00 (no previous Change Orders) Contract Price prior to this Change Order $1,091,455.50 Net Increase of this Change Order $98,895.00 Contract Price with all approved Change Orders $1,190,350.50 RECOMMENDED: J By:floo 1`i . ! a--�l-�_ Engineer (audarized signature) Date: CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: 120 days Ready for Final Payment: 150 days Net change from Previous Change Orders 0 days (no previous Change Orders) Contract Times Prior to this Change Order Sustantial Completion: 120 days Ready for Final Payment: 150 days Net Increase of this Change Order Add 45 days Contract Times with all approved Change Orders Substantial Completion: Ready for Final Payment: APPR VED-.. By: Ow r (Am orirs d Signatue) Date: / 7 'fl 165 days 195 days ACCEPT Contractor ( signature) 77 Wedington Drive Utility Relocations Change Order No. 1 Schedule of Pay Item Changes Pay Item Description 3 8 10 21 25 34 36 50 51 52 56 63 64 65 66 67 68 69 70 71 72 73 12 -inch PVC Water Main Ductile -Iron Fittings 12 -inch Butterfly Valve 12x10 Tapping Sleeve & Valve Fire Hydrant Assembly Cut & Cap 12 -inch Water Line Cut & Cap 6 -inch Water Line Asphalt Residential Drive Concrete Residential Drive Gravel Drive Repair Remove Valve Box and Pad Tie-in to 6 -inch Main 2 -inch Water Service Non -reinforced Commercial Parking Repair Reinforced Commercial Parking Repair Asphalt Street Paving Curb & Gutter Remove & Replace _ 4 -foot Sidewalk Remove & Replace Trees Removed Traffic Control Trench Safety Rock Excavation in Trench TOTAL Unit Price $31.50/LF $3.50/Lbs $2,750.00/Ea $2,300.00/Ea $1, 600.00/Ea $200.00/Ea $100.00/Ea $10.00/LF $20.00/LF $5.00/LF $50.00/Ea $1,600.00/Ea $800.00/Ea $60.00/SY $90.00/SY $80.00/SY $12.00/LF $35.00/SY $100.00/CY _ Note: Pay items 63 through 73 are new items to the project. Quantity Added or subtracted 1,330 800 1 1 1 3 2 20 30 10 2 1 1 40 100 25 50 480 Lump Sum = Lump Sum Lump Sum _. 1 City of Fayetteville, Arkansas -B Budget Adjustment Form -_ Budget Year 1Department: Public Works . : Date Requested t- Adjustment # 1997 IDivision: Water& Sewer 01/03/97:; IProgram:CapitalWaterMains Projector Item Requested: Project or Item Deleted: Additional funding is requested for the Wedington Road Water & Sewer Jse of Fund Balance is proposed to fund this request. Relocations Project. cc Justification of this Increase: The project scope needs to be expanded to include replacement of a 12" waterline along Garland Avenue. This waterline is connected to the Wedington Road waterline and has experienced numerous water leaks recently causing property damage to citizens along its route. Justification of this Decrease: Project saving from the completion of the 36" waterline and tank project ^everted to fund balanceat the close of 1996. ..� ^v -a s-: k - � � : �r .� _ - Vii,: Increase - 7 . a Account Name Amount Account Number Project Number Water Line Improvements •98,895 5400 5600 5808 00 95040 Decrease -- - Account Name Amount 3 Account Number Project Number Use of Fund Balance .98,895 5400 0940 4999 99 x'- .... .- -::. ti .'. �-..-tM `.. �a v�..r-.s p -S �JF�- .},� trw z�''.•'Fn�,c- � .# i. Department Director Admin. Services Director a,. ±Budget Office Use Only Type A Q.: , d - y1_... Date of Approval Posted to General Ledger Entered in Category Log b^ Mayor C:WPP\97BUDU7WORK\BADJFORM.WK3 - Budget Office Copy Staff Review Form Project: Wedington W&S Relo. Meeting Date 1-21-97 C.O.#1 (for Garland Ave. W/L Replacmt.) Comments: Reference Comments: Budget Director ( �y(� t!'L.+d W M II o WORe4(A P� i I6 -S 1�tev' W l ( be V eq (,LeS W1 ` . ►.s �ceuc.� & & 4w Mu.MA; t er re cb.ti„M e r. ask-. o4 La,Kcic ca LT A ► i See gees wall be Ye7lce Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor RESOLUTION NO. 92-96 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $1,091,455.50, PLUS A 5% CONTINGENCY OF $55,000, WITH EDWARDS DESIGN & CONSTRUCTION, INC., FOR. THE WEDINGTON DRIVE WATER & SEWER RELOCATION PROJECT; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract in the amount of $1,091,455.50, plus a 5% contingency of $55,000, with Edwards Design & Construction, Inc., for engineering services and construction on theWedington Drive water & sewer relocation project. The Mayor and City Clerk are hereby directed to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $15,634 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 95040 by decreasing, Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 95036. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 6th day of Augut , 1996. APPROVED: By: Fred Hanna, Mayor ATTEST: By: n,, Traci Paul, City Clerk City of Fayetteville, Arkansas Budget Adjustment Form EXHIBIT B Budget Year Department: Public Works Date Requested Adjustment # 1996 Division: 07/17/96 Program: Project or Item Requested: Project or Item Deleted: Additional funding is requested for the Wedington Road Water/Sewer Funding for this request is from the 6th Street 24" Water Line Project. Relocation project. Justification of this Increase: Justification of this Decrease: The additional funds requested will provide a funding for a project IThe 6th Street 24" Water Line project is complete and the remaining project contingency. Ibudget is not required. Increase Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95040 Decrease Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95036 Approval Signatures 7 /7 Requested B Bt Con-ar De itmenf'9efec%r Type: A Budget Office Use Only B C D EO F Date of Approval Posted to General Ledger Admin. rvices irect r 7 / Ma of C:\APP\96BUD\WEDWLBA.WK1 Entered in Category Log Budget Office Copy 0711.6/96 AGREEMENT BETWEEN OWNER AND CONTRACTOR for WEDINGTON DRIVE WATER AND SEWER RELOCATION THIS AGREEMENT is dated as of thee day of per�u SI- in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and (hereinafter called CONTRACTOR). EDWARDS DESIGN & CONSTRUCTION, INC. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK, CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. Article 2. ENGINEER. The Project has been designed by CEI Engineering Associates, Inc. 110 West Central Bentonville, Arkansas 72712 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 CEI Project 10963 00500-1 07/16/96 of the General Conditions within 150 calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred dollars (200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($_200.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. SCHEDULE OF CONTRACT PAY ITEMS NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 24 -inch Ductile Iron Pipe LF 4470 $72.00 $321,840.00 2 16 -inch Ductile Iron Pipe LF 11 53.00 583.00 3 12 -inch Water Main LF 1280 31.50 40,320.00 4 8 -inch Water Main LF 6450 19.25 124,162.50 CE! Project 10963 00500-2 07/16/96 5 6 -inch Water Main LF 1 480 $15.00 $7,200.00 6 4 -inch Water Main LF 20 1 9.00 180.00 7 2 -inch Water Main LF 110 6.00 660.00 8 Ductile -Iron Fittings Lbs 53150 3.50 186,025.00 9 24 -inch Butterfly Valve Ea 10 6800.00 68,000.00 10 12 -inch Butterfly Valve Ea 3 2750.00 8,250.00 11 8 -inch Gate Valve EA 13 625.00 8,125.00 12 6 -inch Gate Valve EA 6 575.00 3,450.00 13 4 -inch Gate Valve EA 1 350.00 350.00 14 2 -inch Gate Valve EA 1 275.00 1. 275.00 15 3 -inch Air/Vacuum Valve EA 3 3280.00 9,840.00 16 2 -inch Air/Vacuum Valve EA 2 2600.00 5,200.00 17 1 -inch Air/Vacuum Valve 1 EA 1 2100.00 2,100.00 18 24x20 -inch Tapping Sleeve & Valve EA 1 16900.00 16,900.00 19 24x8 -inch Tapping Sleeve & Valve EA 2 2450.00 4,900.00 20 16x16 -inch Tapping Sleeve & Valve EA 1 13750.00 13,750.00 21 12x10 -inch Tapping Sleeve & Valve EA 2 2300.00 4,600.00 22 12x6 -inch Tapping Sleeve & Valve EA 1 1700.00 1,700.00 23 8x8 -inch Tapping Sleeve & Valve EA - 3 1400.00 4,200.00 24 6x6 -inch Tapping Sleeve & Valve EA 2 1300.00 2,600.00 25 1 Fire Hydrant Assembly EA 21 1600.00 33,600.00 26 24 -inch Steel Casing LF 220 50.00 11,000.00 27 16 -inch Steel Casing LF 152 40.00 6,080.00 28 Split Steel Casing on Existing 24- inch Water Line LF 110 95.00 10,450.00 29 3/4 -inch Water Service LF 700 5.00 3,500.00 30 1 -inch Water Service LF 100 5.75 1 575.00 31 Single Meter Sets EA 60 300.00 18,000.00 32 Double Meter Sets EA 8 275.00 2,200.00 CEI Project 10963 00500-3 33 Cut & Cap Existing 16 -inch Water Line EA 35 Cut & Cap Existing 8 -inch Water Line EA 36 Cut & Cap Existing 6 -inch Water Line EA 2 $450.00 07/16/96 $900.00 34 Cut & Cap Existing 12 inch Water EA 2 200.00 400.00 Line 10 100.00 1,000.00 5 100.00 500.00 37 Cut & Cap Existing 4 -inch & EA 8 75.00 600.00 Smaller Water Line 38 12 -inch PVC Sewer 0-6 ft Deep LF 56 25.00 1 1,400.00 39 8 -inch PVC Sewer 0-6 ft Deep LF 370 14.00 5,180.00 40 8 -inch PVC Sewer 6-8 ft Deep LF 635 14.00 1 8,890.00 41 8 -inch PVC Sewer 8-10 ft Deep LF 780 15.00 11,700.00 42 8 -inch PVC Sewer more than 10 ft LF 205 16.00 3,280.00 Deep 43 4 ft Manholes 0-6 ft Deep EA 16 1150.00 18,400.00 44 4 ft Manholes Extra Depth VF 45 125.00 5,625.00 45 Drop Manhole VF 17 120.00 2,040.00 46 Remove Manhole EA 11 650.00 1 7,150.00 1 47 4 -inch PVC Sewer Service Line LF 300 5.00 1,500.00 48 8x4 -inch Sewer Service Wyes EA 10 100.00 1,000.00 49 Extend 30 -inch Casing LF 20 100.00 2,000.00 50 Asphalt Street of Drive Cut/Repair LF 1 700 10.00 7,000.00 51 Concrete Street or Drive Cut/Repair LF 300 20.00 6,000.00 52 Grave Drive Repair LF 400 5.00 1 2,000.00 53 Connect Existing Sanitary Services1 EA 7 250.00 1,750.00 54 Connect to Existing Sanitary Sewers EA 4 200.00 800.00 55 Remove Existing Water Meters EA 73 . 75.00 5,475.00 56 Remove Existing Valve Boxes EA 21 J 50.00 1,050.00 57 Remove Existing Fire Hydrants EA 7 1 750.00 J 5,250.00 1 58 Reconnect Existing Water Services EA 70 100.00 7,000.00 CEI Project 10963 00500-4 07/31/96 Transition Couplings EA 4 1 $50.00 $200.00 59 60 Concrete Encasement LF 750 25.00 18,750.00 Clear & Grub Pipeline Route LF 500 3.00 1,500.00 61 ExcavationSafety 1 LS 1 42500.00 1 42,500.00 62 TOTAL BASE BID $_1,091,455.50 As provided in paragraph 11.9 of, the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. I 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, and compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replaced and cleanup is essentially completed, without interruption, from the beginning point of pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the bid price; 1 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressure, vacuum, and leakage tests, and which have been successfully sterilized as specified, an additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price; except'that: 00500-5 CEI Project 10963 07/16/96 5.1.5. Owner may withhold such amounts determined by ENGINEER, in accordance with paragraph 14.7 of the General Conditions. 5.2. Retainage. No retainage will be withheld for materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions. 5.3. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. Ii 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for.. CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not CEI Project 10963 00500-6 07/16/96 consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 9, inclusive). 7.2 Performance and Payment Bonds, (Exhibits A and B respectively). 7.3 Certificate of Insurance, (Exhibit C). 7.4 Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). 7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2, inclusive). 7.6 Supplementary Conditions (pages 1 to 15 inclusive). 7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8 Addenda numbers 1 to 2, inclusive, which are incorporated into the body of the other contract documents. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 21, inclusive with each sheet bearing the following general title: Wedington Drive Water and Sewer Relocation CEI Project 10963 00500-7 07/16/96 7.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1 Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. CEI Project 10963 00500-8 07/16/96 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on A1 Cr Co , 1996 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville By: [CORPORATE SEAL] CONTRACTOR: Edwards Design and Construction By: - Greg Ed s - President [CORPORATE SEAL] Attest / Attest fl 9'fl ` L ' r� �� L l Yt '< 9 Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) execution of Agreement.;) . -. I' Sc Address for giving notices P. O. Box 1549 Springdale, AR 72765 License No. 0044240397 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) CEI Project 10963 00500-9 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Contractor, and, EMPLOYERS MUTUAL CASUALTY COMPANY P. 0. Box 712, Des Moines, Iowa 50303-0712 (Here insert full name and address or legal title of Surety). as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYEITEVILLE, ARKANSAS (Here insert full name and address or legal title of Owner) 113 West Mountain, Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 -**************Dollars ($ 1,091,455.50 -• for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name. address and description of project) Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES INC. (Here insert full name and address or legal ti?le of Architect) 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. UUt_UMENT A311 • PERFORMANCE BOND AND LABOR AND MATFRIAL PAYMENT BOND • AIA IEBRUARY 190 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS. 1'l; N Y. AVE.. N.W., WASHINGTON. D. C. 20006 WARNING: Unlicensed photocopying violates U.S. cooyrigrt laws and Is subject to legal prosecution. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this }F` day of EDWARDS DEN & CONSTRUCTION, INC. II (Wi(necc) fl I cr(Witn<') Principal ) Iscil) �:�COMPANY ( S)rt ty) (scan t3enson A. Cashion Attorney -in -Fact (Tide) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 WARNING: Unllcpnsed nhntocnnvinn vini,toq U c nnrTvr nt • lave ash Ic c,ihiu.-- ' - i G 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2 Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, aNorth Dakota Corporation 3 is Union' Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation hereinafter referred to severalfy:as `Company" and collectively as Companies", each does, by these presents, make, constitute and:appoint:: KNIGHT CASHION,'BENSON A. CASHION, MPTIHEW KNIGHT CASHION, JR.,CARLA SUE HOLLIS, WILLIAM R -- PLEGGE, INDIVIDUALLY, LITTLE ROCK, AR ANSAS---------------------------------------------------- its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT rdOT EXCEEDING TEI4 MILLION DOLLARS ----------------------------------($10,000,000.00' and to bind. each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are nereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power of Attorney is made and; executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and held in 1990... RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and'' a iithority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding upon this company.. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter' wherever appearing. upon a certified copy of any 'power -of-attorney of the Company, shall be ye and binding upon the Company with the same force and affect as: though manually affixed IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to: be hereto affixed this 19th day of February ,19 96. n 0 Seals Bruce G. Kelley, C airman Philip T. Va Ek ren, enior Vice President of Companies 4 & 6; Presid t of of Companies,3 & 5 Companies 1 & 2 0 INSU AGE C00 : %•'\Y1INSU9 PORq �4 G� Op POR1 Donald L.;Goughen owes SEAL = i o ; 1863 1953 _ ' Assistant Secretary R � On this 19tY2iay of February AD 19 9. before me a Notary Public in: - ' "' " a � "6� " a and for Polk County,' Iowa, personally appeared Bruce G. Kelley, Philip T. Van Ekeren, and I.INO 'c „ �' Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, . SURA vc,.'c, \NSURghC, �SU, urespectively, of each of The Companies above; that the seals affixed to this instrument are the PpORq''. O Pp Oflq ' _ .�; Ppogq ', seals of said corporations that said instrument was signed and sealed on behalf of each of 3 = = = The Companies by authority of their respective Boards of Directors; and that the said Bruce G. SEAL = = SEAL n t = SEAL = Kelley, Philip T. Van Ekeren, and Donald L. Coughennower. acknowledge:: the. execution :of:said "' : ,Fs'-„ instrument to be the voluntary act and deed of each of The Companies Iowa •;'q,k anw�` 'MOINES ' My Commission Expires September 30, 1997. .��. RUTA KRUMINS � U-' MY COMMISSION EXPIRES ' ' ./ �.) SEPTEMBER 30, 1997 Notary Public CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on February 19, 1996 on behalf of Knight :Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Carla _.Sue .Hollis,-.--- are.true: and correct and are still in full force and effect. Wi 1 1 1 n R. Plegge In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 19_. Vice -President THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Principal, and, EMPLOYERS MUTUAL CASUALTY COMPANY (Here insert full name and address or legal title of Surety) P. 0. Box 712, Des Moines, Iowa 50303-0712 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAY1 11EVILLE, ARKANSAS (Here insert lull name and address or legal title of Owner) 113 West Mountain, Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 %; %; %; -; %; (Here insert a sum equal to at least one-half of the contract price) Dollars ($1 091 455.50 %; for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name, address and description of project) Construction and installation of approximately 12, 700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES, INC. (Here insert full name and address or legal title of Architect) 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. �+rfs U ILUMMI A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A O FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this '7thday of AuC� t,a5T 19 C4 i EDWARDS DESIGN & CONSTRUCTION, INC. �(( 1 (Principal) 1' t ! L Ertl ,..�-I IWit'55) (Tiitlt') iseaii EMP S AL TY COMPANY B : l5un ry) Isel1 �t nso A. Cashion (W,tn,.,,) Attorney -in -Fact (Titlr) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 'T WARNING I Ir,i:.._' ., ,h fn,,..,.,i.,,. ,,,I,roa i 1 ' ,,,,., ,...� :,. ,.ti,,...... 'MC Insurance Companies NO329 P.O. Box 712 • Des Moines, Iowa 50303 . ,9 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation 5.. Dakota Fire Insurance Company,; a;North;Dakota Corporation , 3Union. Insurance Company of Providence, a Rhode Island Company ` 6' ?American Liberty Insurance Company, an Alabama; Corporation hereinafter referred to severally as Company" and collectively as Companies°; each does by these presents, make, constitute and appoint. KNIQIT CASEIION BENSON A. CASHION, MATTHEW KNIGHT CASSHION, JR.,CARLA SUE HOLLIS, WILLIAM R ---- PLEGGE, INDIVIDUALLY, LITTLE ROCK, ARKANSAS ---------------------------------------------------- its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN ............EX I ING T&J MILLION; DOLLARS --= . and to.bind :each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power of Attorney is made`: and:: executed pursuant to and by the authority of the following resolution of the Boards of Directors of;each .:of the Companies at the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVEDc. The Chairman of the Board of Directors, the President. any Vice. President the Treasurer and the Secretary of Employers Mutual:; Casualty Company shall. have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding upon this company ,.The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter; :wherever appearing: upon a certified copy of any .power -of- attorney . of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed IN VXITNESS WHEREOF The Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this. l ah day of February , 19 96 , Bruce G. Kelley, C airman Phili�T. Var Eenior Vice President Seals y p of Companies 4 & 6; Presiddqlt of of Companies,3 & 5 Companies 1 & 2 SU cE CO �Y,INS�9� pSc, g4y'S4''' ynrntra Iln 2`JRPO R.q � onald': L.:.Coug hen ower SEAL 0 1863 ; m 1953 = Assistant Secretary RI = bye . On this 19tiay of February Al} 19 96 before me a Notary Public in• : b and for Polk County, Iowa personally appeared Bruce G Kelley, Philip T. Van Ekeren; and Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, ;r; RaVCF•,, NSUR1NC,• ;Qs�;; UAI'�4., respectively, of each of The Companies above; that the seals affixed to this instrument are the , •,: seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Bruce G. SEAL t : = ' SEAL , SEAL Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge the execution of said 'c«a unKo Moir,Es o�P' instrument to be the : voluntary act and deed of each of The Companies ,k My Commission Expires September 30, 1997. .. " RUTA KRUMINS MY COMMISSION EXPIRES _____ __) ijii SEPTEMBER 30, 1997 Notary Public - CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The .Companies, and this Power of Attorney issued pursuant thereto on February 19, 1996 on behalf of Knight Cashion, Benson A. Cashion, Matthew :Knight Cashion, Jr., Carla ;Sue Hollis, - are true and correct and are still in full force and effect. .di 1 1 i �n R. Plegge In Testimony Whereof I have subscribed my name and affixedthe facsimile seal of each Company this day of 19 Vice -President INSURED Joe Edwards Revocable Trust dba Edwards Properties, eta) P. O. Box 517 Springdale AR 72765 COMPANY A Transcontinenta.i Ins. Co. COMPANY B Continental Casualty Co. COMPANY C COMPANY D COVERAGES:.:.:::::. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF IN POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (MM/DD/YY) DATE (MM/DD/YYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 2000000 A COMMERCIAL GENERAL LIABILITY C123675103 09/01/95 09/01/96 X PRODUCTS - COMP/OP AGO S 2000000 CLAIMS MADE ® OCCUR PERSONAL & ADV INJURY $1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ 5000 AUTOMOBILE LIABILITY A ANY AUTO C200619243 09/01/95 09/01/96 COMBINED SINGLE LIMIT $1000000 X BODILY INJURY ALL OWNED AUTOS ' I SCHEDULED AUTOS IPer person) pe $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE I S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ....................................... ...$..... ANY AUTO EACH ACCIDENT AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S 3000000 B $ UMBRELLA FORM C000619244 09/01/95 09/01/96 AGGREGATE $3000000 S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UPEILITY TORY LIMITS ER :: <.................................. EL EACH ACCIDENT S 100000 ARTNE S/FXE U INCL PARTNERS/EXECUTIVE PARTN ERSlEX EC UTI V E WC100867811 09/01/95 09/01/96 EL DISE SE -POLICY LIMIT s500000 EL DISEASE - EA EMPLOYEE S 100000 OFFICERS ARE: EXCL OTHER )FSCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ISee Attached List of Named Insureds CERTIFICATE HOLDER :' CANCELLATION ....................... ....... .. . CITYFA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Fayetteville Att: Sid A rba sh "N" 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 113 W. Mountain St. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fayetteville AR 72701 OF ANY D)JPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI R ENTATIVE Adri uttre 1 »ORD 25=S (f/95k ACORD CORPORATION1988 SN 10J3 eISNlUf9 1'T. :8J 966T-6E-1ff Z©' d 1UI0I JUL 2 9 1996 NAMED INSURED INDUSTA�IAL SPACE CENTER., INC. EDWARDS, DESIGN & CONSTRUCTION, 2NC. EDWARD PROPERTIES (JOE & JANICE EDWARDS, PARTNERSHIP) JOE & JANICE, INDIVIDUALS A2 EDWD1 FAMILY ANNUAL GIFT TRUST GREGORY J. & CHtIS W. EDWARDS TRUST & JOE E. EDWARDS, TRUSTEE JOE EDWARDS REVOCABLE TRUST 6'61 4.01 STAFF REVIEW FORM X. AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of August 6,1996 FROM: Sid Norbash I4" Engineering Public Works Name Division Department ACTION REQUIRED: Approval of the construction contract with Edwards Des.7 Construction, Inc. in the amount of $1,091,455.50, for the Wedington r Water & Sewer Relocation Project. Also, approval of a 5% project continc ($55,000) for construction or engineering as needed and approved -by Mayor, and the related budget adjustment. COST TO CITY: 1,146,455.50 Cost of this Request 4470-9470-5808-00 5400-5600-5808-00 Account Number 95019 & 95040 Project Number $1,266,371 Wedington W&S Relocatior Category/Project Budget Category/Project $133,444 Capital Water S Sewer Mians Funds Used To Date Program Name $1,130,822 Water & Sewer & Sales Remaining Balance Fund BIIDG IEW: X Budgeted Item X Budget Adjustment Attache Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc unti n M er Date A A Coordinator, n Date ICtl + ,L, ' City Attorney Date Int rnal Auditor Date r(tea l 2c t/ D- -_; Purchasing Officer Date ! STAFF OMMENDATION: Approval ofC the contract and the contingency amot `i ✓t� Division Head Date Cross Reference _____ � New Item: Yes_ No_ Department Director Date �! I� Prev Ord/Res #: Admini)rative Servi a Director Date _______� Orig Contract Date: May Date City of Fayetteville, Arkansas 4. 03 Budget Adjustment Form -- Budget Year Department: Public Works Date Requested Adjustment # 1996 Division: 07/17/96 Project or Item Requested: Project or Item Deleted: Additional funding is requested for the Wedington Road Water/Sewer Funding for this request is from the 6th Street 24" Water Line Project. Relocation project. Justification of this Increase: Justification of this Decrease: The additional funds requested will provide a funding for a project IThe 6th Street 24" Water Line project is complete and the remaining project contingency. budget is not required. Increase Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95040 Decrease Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95036 Approval Signatures 7 /7--'9 Requested B cj B t Co na ant ' ec or Budget Office Use Only Type: A B- C D EO F Date of Approval Posted to General Ledger Admin. Services Director Mayor C:\APP\96BUD\WEDWLBA.WK1 Entered in Category Log Budget Office Copy City of Fayetteville, Arkansas Wedington Drive Utilities Relocation Contract No 96-41 Bid Tabulation, Bid Opening July 2, 1996 @ 2:30 pm Bid of Bid of Bid of Bid Basic Construction Edwards Design & Constr Fayette Tree & Trench Unit Price Item Amount Unit Price Item Amount Unit Price Item Amount Item No Description Quantity Units 1 24 -inch Ductile Iron Pipe 4470 LF $ 83.00 $ 371,010.00 $ 72.00 $ 321,840.00 $ 72.00 $ 321,840.00 2 16 -inch Ductile Iron Pipe 11 LF 100.00 1,100.00 53.00 583.00 69.70 766.70 3 12 -inch Water Main 1280 LF 36.00 46,080.00 31.50 40,320.00 28.50 36,480.00 4 8 -inch Water Main 6450 LF 24.00 154,800.00 19.25 124,162.50 20.00 129,000.00 56 -inch Water Main 480 LF 18.00 8,640.00 15.00 7,200.00 19.00 9,120.00 6 4 -inch Water Main 20 LF 22.00 440.00 9.00 180.00 18.00 360.00 7 2 -inch Water Main 110 LF 12.00 1,320.00 6.00 660.00 12.00 1,320.00 8 Ductile -Iron Fittings 53150 LBS 3.00 159,450.00 3.50 186,025.00 2.86 152,009.00 9 24inch Butterfly Valve 10 EA 7000.00 70,000.00 6800.00 68,000.00 6330.00 63,300.00 10 12 -inch Butterfly Valve 3 EA 2100.00 6,300.00 2750.00 8,250.00 2800.00 8,400.00 11 8 -inch Gate Valve 13 EA 475.00 6,175.00 625.00 8,125.00 460.00 5,980.00 12 6 -inch Gate Valve 6 EA 350.00 2,100.00 575.00 3,450.00 410.00 2,460.00 13 flinch Gate Valve 1 EA 250.00 250.00 350.00 350.00 335.00 335.00 14 2 -inch Gate Valve 1 EA 200.00 200.00 275.00 275.00 270.00 270.00 15 3 -inch AirNacuum Valve 3 EA 3800.00 11,400.00 3280.00 9,840.00 2650.00 7,950.00 16 2 -inch AirNacuum Valve 2 EA 3500.00 7,000.00 2600.00 5,200.00 1850.00 3,700.00 17 1 -inch AirNacuum Valve 1 EA 3100.00 3,100.00 2100.00 2,100.00 1400.00 1,400.00 18 24x20 -inch Tapping Sleeve & Valve 1 EA 16500.00 16,500.00 16900.00 16,900.00 18000.00 18,000.00 19 24x8 -inch Tapping Sleeve & Valve 2 EA 3000.00 6,000.00 2450.00 4,900.00 3050.00 6,100.00 20 16x16 -inch Tapping Sleeve & Valve 1 EA 13500.00 13,500.00 13750.00 13,750.00 12900.00 12,900.00 21 12x10 -inch Tapping Sleeve & Valve 2 EA 2100.00 4,200.00 2300.00 4,600.00 2000.00 4,000.00 22 12x6 -inch Tapping Sleeve & Valve I EA 1600.00 1,600.00 1700.00 1,700.00 1660.00 1,650.00 23 8x8 -inch Tapping Sleeve & Valve 3 EA 1800.00 5,400.00 1400.00 4,200.00 1375.00 4,125.00 24 6x6 -inch Tapping Sleeve & Valve 2 EA 1600.00 3,200.00 1300.00 2,600.00 1320.00 .2,640.00 25 Fire Hydrant Assembly 21 EA 1700.00 35,700.00 1600.00 33,600.00 1855.00 38,955.00 26 24inch Steel Casing 220 LF 190.00 41,800.00 50.00 11,000.00 144.00 31,680.00 27 16 -inch Steel Casing 152 LF 60.00 9,120.00 40.00 6,080.00 105.00 15,960.00 28 Split Steel Casing on Existing 24inch Water line 110 LF 220.00 24,200.00 95.00 10,450.00 160.00 17,600.00 29 314 -inch Water Service 700 LF 9.00 6,300.00 5.00 3,500.00 8.80 6,160.00 30 1 -inch Water Service 100 LF 10.00 1,000.00 5.75 575.00 8.80 880.00 0 In Pane 1 • •• .• •• •• •• .• •• •• •• • •• • •• • •• :•• is •• q.;. • •• :• •• • •• ••• •• :••• •• -••••• . •• •• ••••• :••• •• ••• t•• ::• •• :•• •• • •• •• •• •• :•• •• ••• •• ••• •• •• •• •:• ••:• •• • i:• •• • •• •• •• •• •• :• •• :• •• mac• •• • •• .• •• c..IiI•• •• of •• •• of •• •• •• •• . •• •• •• •• •• •• ••• •• :•• •• :•• •• :•• •• :•• •• I ••• •• . ••• •• C•• •• :•• •• •• •• • ••• •• :•• •• •• •• 41 'Il 55 • IIi 5. sI Ii ;ii .. IS •5 'i .;. s;. 5;. i;'' _] '}' .* .. . '• •iLH• '' ''{' '{' 1 •:•• ' •••• •• ••• •• :•• •• :•• •• ••• •• :G ••• •• •• •• •• •• Pane 3 4.09 07/16/96 AGREEMENT BETWEEN OWNER AND CONTRACTOR for WEDINGTON DRIVE WATER AND SEWER RELOCATION THIS AGREEMENT is dated as of the day of in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and Edwards Design -and Construction, Inc (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. Article 2. ENGINEER. _ The Project has been designed by CEI Engineering Associates, Inc. 110 West Central Bentonville, Arkansas 72712 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 CEI Project 10963 00500-1 07/16/96 5 6 -inch Water Main LF 480 $15.00 $7,200.C 6 4 -inch Water Main LF 20 9.00 180.0 7 2 -inch Water Main LF j 110 6.00 660.C 8 Ductile -Iron Fittings Lbs 53150 3.50 186,025.C 9 24 -inch Butterfly Valve Ea 10 6800.00 68,000.0 10 12 -inch Butterfly Valve Ea 3 2750.00 8,250.0 11 8 -inch Gate Valve EA 13 625.00 8,125.C 12 6 -inch Gate Valve EA 6 575.00 3,450.C 13 4 -inch Gate Valve EA 1 350.00 350.0 14 2 -inch Gate Valve EA 1 275.00 275.0 15 3 -inch Air/Vacuum Valve EA 3 3280.00 9,840.0 16 2 -inch Air/Vacuum Valve EA 2 2600.00 5,200.0 17 1 -inch Air/Vacuum Valve EA 1 2100.00 2,100.0 18 24x20 -inch Tapping Sleeve & Valve EA I 16900.00 16,900.0 19 24x8 -inch Tapping Sleeve & Valve EA J 2 2450.00 4,900.0 20 16x16 -inch Tapping Sleeve & Valve EA 1 13750.00 13,750.0 21 12x10 -inch Tapping Sleeve & Valve J EA 2 2300.00 4,600.0 22 12x6 -inch Tapping Sleeve & Valve EA 1 1700.00 1,700.0 23 8x8 -inch Tapping Sleeve & Valve EA 3 1400.00 4,200.0+ 24 6x6 inch Tapping Sleeve & Valve EA 2 1300.00 2,600.0 25 Fire Hydrant Assembly EA 21 1600.00 33,600.0 26 24 -inch Steel Casing LF 220 50.00 11,000.0( 27 16 -inch Steel Casing LF 152 40.00 6,080.0( 28 Split Steel Casing on Existing 24- inch Water Line LF 110 95.00 10,450.00 29 3/4 -inch Water Service LF 700 5.00 3,500.00 30 1 -inch Water Service LF 100 5.75 575.00 31 Single Meter Sets EA 60 300.00 18,000.00 32 Double Meter Sets EA 8 275.00 2,200.00 CEI Project 10963 00500-3 4.13 07/16/96 59 Transition Couplings EA 4 $50.00 S200.C 60 Concrete Encasement LF 750 25.00 18,750.C 61 Clear & Grub Pipeline Route LF 500 3.00 1,500.C 62 Excavation Safety LF 1 42500.00 42,500.C TOTAL BASE BID $ 1,091.455 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, determinations of actual quantities and classifications are to be made by ENGINEER as provided paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragr: 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the Gene Conditions or as modified in the Supplementary Conditions. Applications for Payment will be process by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Pr on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.: 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of valt established in paragraph 2.9 of the General Conditions and based on the number of ur completed in the case of Unit Price Work or, in the event there is no schedule of values, provided in the General Requirements. 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replac and cleanup is essentially completed, without interruption, from the beginning point pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the t price; 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressur vacuum, and leakage tests, and which have been successfully sterilized as specified, additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with fir fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additior. and final 10 percent of the bid price; except that: CEI Project 10963 00500-5 4.15 07/16/96 consider that any additional examinations, investigations, explorations, tests, studies, or data necessary for the performance and furnishing of the Work at the Contract Price, within Contract Times, and in accordance with the other terms and conditions of the Cont: Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER. others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information observations obtained from visits to the site, reports and drawings identified in the Cont: Documents, and all additional examinations, investigations, explorations, tests, studies, and with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguit: or discrepancies that CONTRACTOR has discovered in the Contract Documents and the writ resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Docume are generally sufficient to indicate and convey understanding of all terms and conditions performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACT( concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 9, inclusive). 7.2 Performance and Payment Bonds, (Exhibits A and B respectively). 7.3 Certificate of Insurance, (Exhibit C). 7.4 Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). 7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2, inclusive) 7.6 Supplementary Conditions (pages 1 to 15 inclusive). 7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8 Addenda numbers 1 to 2, inclusive, which are incorporated into the body of the oti. contract documents. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 throu. 21, inclusive with each sheet bearing the following general title: Wedington Drive Water and Sewer Relocation CEI Project 10963 00500-7 4.17 07/16/96 IN WITNESS WHEREOF, OWNER and CONTRACTOR have •signed this Agreemer quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEE- their behalf. This Agreement will be effective on , 1996 (which is the Effective Date c Agreement). OWNER: City of Favetteville COP [CORPORATE SEAL] Attest Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) execution of Agreement.) By: [CORPORATE SEAL] Attest Address for giving notices License No. 0044240397 Agent for service of process: (If CONTRACTOR is a corporation, attach evide of authority to sign) CEI Project 10963 00500-9 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents, and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 32 be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 33 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 34 Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 36 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to -the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, 38 14.7.6. Liens have been filed in connection with the Work. except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance. heat, utili- ties. insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 particulars in which this inspection reveals that the Work is incomplete or defectivve. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety. if any, to final payment. and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or tiled in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls. material and equipment bills and other indebtedness connected with the Work for which OWN ER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty day_ s after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement. make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement. and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall he submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times. or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 40