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HomeMy WebLinkAbout55-97 RESOLUTIONRESOLUTION NO. 55-97 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GOODWIN & GOODWIN, INC., FOR THE INSTALLATION OF THE DRAKE FIELD EAST SIDE SEWER LIFT STATION, IN THE AMOUNT OF $85,970.00; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute an agreement with Goodwin & Goodwin, Inc., for the installation of the Drake Field east side sewer lift station, in the amount of $85,970.00. A copy of the agreement 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 $20,684.00 by increasing Sewer Improvements, Acct. No. 5550 3960 5815 00, Project No. 96066 decreasing Use of Fund Balance, Acct. No. 5550 0950 4999 99. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 17th day of June , 1997. APPROVED. p :a ATTEST: By: Traci Paul, City Clerk By: Fred Hanna, Mayor y „_._ .... 1997 DOCUMENT 00500 EXHIBIT A CONTRACT THIS AGREEMENT, made and entered into on the /7f/ day of JU i- 1 99L, by and between Goodwin & Goodwin, Inc., Fort Smith. Arkansas herein called the Contractor, and the City of Fayetteville , Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Drake Field East Side Sewage Pump Station , dated August 1996. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond SHEET INDEX Sheet No. 10-01 10-02 40-01 40-02 40-03 40-04 50-01 Payment Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) Description Cover Sewer & Pump Station Location Plan Plan & Profile, Sta. 0+00 to Sta. 11+50 Plan & Profile, Sta. 11+50 to Sta. 19+48 Pump Station Site Plan & Details Sewer & Force Main Details Electrical 2. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: Eighty-five Thousand Nine Hundred Seventy Dollars ($_85,970.00). 3. The Work will be substantially completed within 60 days after the date when the Contract Time commences to run as provided in Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within 75 days after the date when the Contract Time commences to run. 00500 - 1 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with 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 Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3 above for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor; LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6.. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. 00500 - 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: c�M40— &Coaw Goodthi& Goodwin Inc. CONTRACTOR President Title CITY OF FAYETTEVILLE, ARKANSAS ATT T: OWNER Qy By .1�. Clerk Mayor Approved as to form: Attorney for Owner 00500 - 3 City of Fayetteville, Arkansas Budget Adjustment Form EXHIBIT B Budget Year Department: General Government Date Requested Adjustment # 1997 Division: Airport 04/15/97 Program: Capital Project or Item Requested: Project or Item Deleted: Additional funding is requested for the Sewer Lift Station, project number 96066. INone. Use of Fund Balance is proposed for this adjustment. Justification of this Increase: The low bid for the Sewer Lift Station was greater than the remaining budget. Account Name Amount Sewer Improvements 20,684 Account Name Amount Use of Fund Balance 20,684 Approval Signatures Requested By B t C ordinator Department Director Admin. Se CCs it Justification of this Decrease: Sufficient cash and investments exist to fund this request and comply with City Increase Account Number Project Number 5550 3960 5815 00 96066 Decrease Account Number Project Number 5550 0950 4999 99 Budget Office Use Only Type: A B C D EO F Date of Approval Posted to General Ledger Entered in Category Log Mayor C:\APP\97BUD\A_PS WR. WK3 Budget Office Copy REC.EWF.,G. MAC' ; 9 1907 - BID TABULATION CITY OF FAYETTEVILLE DRAKE FIELD EAST SIDE PUMP STATION FAYETTEVILLE, ARKANSAS PROJECT NO. FY962114 MARCH 17, 1997 2:30 p.m. ITEM NO. I ITEM BIDDER: I GOODWIN & GOODWIN I J & P UTILITIES I FOCHTMAN ENTERPRISES I MOBLEY CONTRACTORS I BASIC CONSTRUCTION QUANTITY I UNIT PRICE I EXTENDED I UNIT PRICE I EXTENDE I UNIT PRICE I EXTENDED I UNIT PRICE I EXTENDED I UNIT PRICE! EXTENDED I I ACT 291, 1993 TRENCH I I 1 AND EXCAVATION SAFETY SYSTEM I 1 LS I I $250.00 I DUPLEX SUBMERSIBLE 2 I GRINDER PUMP STATION I 1 LS I $51,000.00 I PIG LAUNCH I I 3 I STRUCTURE I 1 LS I $1,500.00 I 4 I DROP MANHOLE .,_ I 1 EA I I $2,000.00 I I I I 6. DUCTILE IRON SEWER 5 PIPE I 143 LF I I $25.00 I I 8" DUCTILE IRON SEWER 6 PIPE I 18 LF I I $35.00 I 7 I I 4 PVC, C-900, CLASS 100 FORCE MAIN I 1750 LF I I $5.50 I 8 I I 10' BORED STEEL I CASING I 75 LF I $65.00 I 9 I CHAIN LINK FENCE I 80 LF i $16.00 I I I I I GATE IN EXISTING CHAIN LINK FENCE I I 1 EA I $600.00 I I I I DUCTILE IRON 11 MECHANICAL JOIN FITTINGS I 600 LB I $3.00 $250.00 I I $3,500.00 I I $3,500.00 I I $9,117.00 I I $9,117.00 I I $6,970.43 ( I $6,970.43 I I $1,000.00 I I $1,000.00 $51,000.00 I $37,007.00 I $37,007.00 I $57,000.00 I $57.000.00 I $46,884.26 I I $46,884.26 I I $55,000.00 I I $55,000.00 I $1,500.00 I I $3,400.00 I I $3,400.00 I I $3,500.00 I I $3,500.00 I $3,844.41 I $3,844.41 I $3,000.00 i $3,000.00 $2,000.00 ( I $2,900.00 I I $2,900.00 1 I $1,900.00 I I $1,900.00 I I $4,963.48 I I $4,963.48 I I $3,000.00 I I $3,000.00 $3,575.00 I i $27.00 I I $3,861.00 I I $29.00 I I $4,147.00 I I $55.75 I I $7,972.25 I I $45.00 I I $6,435.00 $630.00 I I $30.00 I i $540.00 I I $39.00 ( I $702.00 I I $78.75 I I $1,417.50 I I $90.00 I I $1,620.00 $9,625.00 I I $8.00 I I $14,000.00 I I $9.90 I I $17,325.00 ( I $11.73 I I $20,527.50 I I $16.00 I I $28,000.00 $4,875.00 i $78.00 I $5,850.00 I $75.00 I $5,625.00 I $57.75 I $4,331.25 I $80.00 I $6,000.00 $1,280.00 I I $24.00 I I $1,920.00 I I $15.00 ( I $1,200.00 I I $10.00 I I $800.00 I I $20.00 I I $1,600.00 $600.00 I I $600.00 I $600.00 I I I $900.00 I I $900.00 I I $840.00 I I $840.00 I I $500.00 I I $500.00 $1,800.00 I $6.00 1 $3,600.00 1 $4.20 I $2,520.00 1 $2.75 1 $1,650.00 I $4.00 I $2,400.00 96114:BIDTAB 17 -Mar BID TABULATION CITY OF FAYETTEVILLE DRAKE FIELD EAST SIDE PUMP STATION FAYETTEVILLE. ARKANSAS PROJECT NO. FY962114 MARCH 17, 1997 2:30 p.m. BIDDER: I GOODWIN & GOODWIN I J & P UTILITIES I FOCHTMAN ENTERPRISES I MOBLEY CONTRACTORS I BASIC CONSTRUCTION INO. ITEM I QUANTITY I UNIT PRICE I EXTENDED I UNIT PRICE I EXTENDE I UNIT PRICE I EXTENDED I UNIT PRICE I EXTENDED I UNIT PRICE I EXTENDED I I I I I I I I I I I I I I I I I COMBINATION AIR AND I I I I I I I I 17 VACUUM RELEASE VALVE ASSEMBLY I 1 EA I I $2,100.00 I I $2,100.00 I I $2,885.00 I I $2,885.00 I I $2,940.00 i I $2,940.00 I I $4,932.52 I I $4,932.52 I I $3,000.00 I I $3,000.00 I 13 4" MJ GATE VALVE W/BOX I I 3 EA I I I $375.00 I I $1,125.00 I $400.00 I I I $1,200.00 I I $380.00 I I $1,140.00 I I $1,114.48 I I $3,343.44 I I $400.00 I I $1,200.00 I 14 CONCRETE ENCASEMENT ._ I 2 CY I I $85.00 I I $170.00 I $150.00 I I I $300.00 I I $90.00 I I $180.00 I I $186.31 I I $372.62 I I $150.00 I I $300.00 I 15 VALVE BOX FOR TRACE WIRE ACCESS I I 2 EA I I $100.00 I I $200.00 I $200.00 I I I $400.00 I I $130.00 I I $260.00 I I $275.03 I I $550.06 I I $100.00 I $200.00 I 16 CLASS 7 BASE FOR ACCESS DRIVE I I 70 TON I I $22.00 I I $1,540.00 I $15.00 I I I $1,050.00 I I $16.00 I I $1,120.00 I I $40.62 I I $2,843.40 I I $20.00 I I $1,400.00 I 17 CONNECT FORCE MAIN I TO EXISTING MANHOLE I I I 1 EA I I I $700.00 I I $700.00 I $750.00 I I I $750.00 I 1 $1,190.00 I I $1,190.00 I I $1,453.22 I I $1,453.22 I I $500.00 I I $500.00 MISCELLANEOUS SITE WORK, DRIVEWAY SUBGRADE. AND ANY 18 RELATED ITEMS REQUIRED FOR A COMPLETE I INSTALLATION I 1 LS I $3,000.00 I $3,000.00 I $4,500.00 I $4,500.00 I $4,720.00 I $4,720.00 I $3.160.63 I $3,160.63 I $4,000.00 I $4,000.00 I I I--- --- -- I I • I ( I eIIc ena nn 1 I I tt 1a asri 97 I I I $119.155.00 BID 96114:BIDTAB 17 -Mar STAFF REVIEW FORM Page 2 Description. Approval of Goodwin & Goodwin Contract Meeting Date May 6. 1997 Comments: Budget Coordinator Reference Comments: Accounting Manager Reference Comments: miniaJ 7 / y GL tlLk City Attorney Reference Comments: Purchasinc Officer Reference Comments: CtLC1 VVVILLLLIRIVI .•�••�••�•••�•••• '-_-_-._�•,. Internal Auditor Reference Comments: V IV CHANGE ORDER ** FU C©lAZIE 0( DDCER FAYETTEVILLE /ENDOR NO. 293 Goodwin & Goodwin 3503 Free Ferry Road Fort Smith AR 72903 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas DATE 10/20/98 FOB Fyv PURCHASE ORDER # 98-0001235-002 TERMS NET 30 DAY Unit cription and Qty. of Received cced Account Number Unit Price TOTALS Issue Project #96066-01 1.00 JOB a) Install sewer lift station at the East side hangar area, Contract #602, Project #96066-1 Ref previous PO #52639 5550.3960.5815.00 96066 1 1.00 EA b) C/0 #3 to Contract #602 to increase PO $376.26 5550.3960.5815.00 96066 1 tP a3aq J3 L 1O1. 3H1 TO: Municipal Airport CITY OF FAYETTEV1LLE 4500 S SCHOOL FAYETFEVILLE AR 72701 Green, D Frederick 7EPARTMENT VERIFICATION RECEIVED )EPT HEAD APPROVAL %MOUNT TO PAY VP VERIFICATION c1,1(4k rstO 1/z tq if BY DATE io-2c 5? BY 3784.69 $3784.69 376.26 $376.26 Purchase Order Total: ADDITIONAL APPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER 'URCHASING VERIFICATION 'RICE CHANGE VERIFICATION 1 PROJECT # THIS PAYMENTS PREVIOUS PAYMENT(S) $ RETURN CHECKTO TOTAL PYMT(S) $ 3EN COPY TO BALANCE $ YOLA�l� �� / DEPT. WHEN COMPLETE DELIVER TO ACCTS. PAYABLE 3784.69 376.26 4160.95 Engineer's Estimate No. 3 - Final (Revised July 27, 1998) City of Fayetteville, AR Drake Field East Side Sewage Lift Station in19*2a1 tract Amount $85,970.00 ` Approved Change Orders: $0.00 Current Contract Amount: $85,970.00 MCE Project No. FY962114 Total Work to Date: $86,346.26 Construction Period: 03/12 thru 05/19 Date of Estimate: Materials On Hand: $0.00 Less Material Used: $0.00 Subtotal: $86,346.26 Recommended By: McClelland Consulting Engineers, Inc. Less Retainage 7/2 Z/7 (5% of Total Work) $0.00 Signature and Date Accepted By: Goodwin & Goodwin, Inc. Amount Due: $86,346.26 The Contractor certifies that: (1) title to all Work, materials and equipment incorporated in the Work, or otherwise listed in or covered by this and all previous Pay Estimates will pass to the Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as are covered by Bond acceptable to Owner indemnifying Owner against any such lien, claim, security interest or encumbrance), and (2) all Work covered by this Pay Estimate is in accordance with the Contract Documents and not defective. Signature and Date Approved By: City of Fayetteville, AR Signature and Date Less Previous Payments: $79,701.15 Less Previous Engr Overtime: $1,200.53 Less Engr Overtime (29 hours): $1,555.56 Subtotal. $82,457.24 Due and Payable, this Period: $3,889.02 Pay Estimate No. 3, FY962114 Drake Field East Sewage Pump Station Bid Item Description Unit Unit Price Plan Qty Plan $ Prev Qty This Est Qty To Date $ Earned To Date I Trench & Excavation Safety LS $250.00 1 $250.00 1 0 1 $250.00 2 Grinder Pump Station LS $51,000.00 1 $51,000.00 1.00 0 1 $51,000.00 3 Pig Launch Structure LS $1,500.00 1 $1,500.00 1 0 1 $1,500.00 4 Drop Manhole EA $2,000.00 1 $2,000.00 1 0 I $2,000.00 5 6" DIP Sewer 80% LF $20.00 143 $2,860.00 143 0 143 $2,860.00 85% 6" DIP Sewer LF $1.25 143 $178.75 143 0 143 $178.75 98% 6" DIP Sewer LF $3.25 143 $464.75 143 0 143 $464.75 100% 6" DIP Sewer LF $0.50 143 $71.50 0 143 143 $71.50 6 8" DIP Sewer 80% LF $28.00 18 $504.00 18 0 18 $504.00 85% 8" DIP Sewer LF $1.75 18 $31,50 18 0 18 $31,50 98% 8" DIP Sewer LF $4.55 18 $81.90 18 0 18 $81.90 100% 8" DIP Sewer LF $0.70 18 $12.60 0 18 18 $12.60 7 aT PVC Force Main 1IT" LF S4.40 1,750 $7,700.00 1750 0 1750 $7,700.00 85% 4" PVC Force Main LF $0.28 1,750 $490.00 1750 0 1750 $490.00 98% 4" PVC Force Main LF $0.71 1,750 $1,242.50 1750 0 1750 $1,242.50 100% 4" PVC Force Main LF $0.11 1,750 $192.50 0 1750 1750 $192.50 8 10" Bored Casing LF $65.00 75 $4,875.00 60 14 74 $4,810.00 9 Chain Link Fence LF $16.00 80 $1,280.00 80 0 80 $1,280.00 10 Gate in Existing Fence EA $600.00 1 $600.00 1 0 1 $600.00 11 DI MJ Fittings LB $3.00 600 $1,800.00 540 0 540 $1,620.00 12 Air & Vac Release Valve Assy EA $2,100.00 1 $2,100.00 1 0 1 $2,100.00 13 4" MJ Gate Valve w/box EA $375.00 3 $1,125.00 3 0 3 $1,125.00 14 Concrete Encasement CY $85.00 2 $170.00 5 0 5 $425.00 15 Valve Box for Trace Wire EA $100.00 2 $200.00 2 0 2 $200.00 16 Class 7 Base for Access Drive TN $22.00 70 $1,540.00 54.83 0 54.83 $1,206.26 17 Connect Force Main to Exist. MH EA $700.00 1 $700.00 2 0 2 $1,400.00 18 Misc.. . Installation LS $3,000.00 1 $3,000.00 1 0 1 $3,000.00 $85,970.00 1 $86,346.26 03/12/98 thru 05/19/98 Page 1 RESOLUTION NO.13 0 - 9 8 A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE CONSTRUCTION CONTRACT WITH GOODWIN & GOODWIN, INC., IN THE AMOUNT OF $376.26, FOR THE REPAIR OF A DAMAGE MANHOLE TO COMPLETE THE AIRPORT'S SEWER LIFT STATION, PROJECT NO. 96066. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS: Section 1. That the City Council hereby approves Amendment No. 3 to the construction contract with Goodwin & Goodwin, Inc., in the amount $376.26, for repairing a damage manhole to complete the airport's sewer lift station, Project No. 96066; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the contract amendment is attached hereto marked Exhibit "A" and made a part hereof. ,,��' ' SS)FD AND APPROVED this day of October , 1998. •• APPROVE By____ Fred Hanna, Mayor I►, 1,111111,, ! ATTE,1': j By(i .4'" Heather Woodruff, City 1rk CHANGE ORDER NO. I PROJECT: DRAKE FIELD. EAST SIDE SEWAGE PUMP STATION PROJECT NUMBER: FY962114 DATE OF ISSUANCE: JULY 31. 1998 OWNER: CITY OF FAYETTEVILLE CONTRACT DATE: JUNE 17. 1997 EFFECTIVE ON DATE APPROVED BY OWNER CONTRACTOR: GOODWIN & GOODWIN, INC. Reason for Change: This is a reconciling Change Order to revise the Contract quantities to match the Final Engineer's Estimate quantities, in a total Contract amount of $86,346.26. Justification: This project used unit prices to determine the actual payment due the Contractor. Some of the units of work changed slightly during construction. The main change was adding one manhole connection (Bid Item 17). The plans required the Contractor to make one manhole connection and one connection to an existing manhole stubout. When the stubout was dug up, it was not usable, so the Contractor had to make a second manhole connection and deserves to be compensated for this additional work. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Price: Original Contract Times Substantial Completion (days): 60 $ 85,970.00 Ready for final payment (days): 75 Net Changes from previous Amendments or Changes: Net Changes from previous Amendments or Changes: No Change $ 0 Net Increase for this Change: Net Increase (Decrease) for this Change: No Change $ 376.26 Revised Contract Price: Revise Contract Times: No Change $ 86,346.26 RECOMMENDED: By: I - Robert White, P.E. McClelland Consulting Engineers, Inc. Engineer ACCEPTED: By: Go in & Goodwin, Inc. Contractor APPROVED: By: Ci of Fayetteville Owner Date: �� o Date: Date:____________ St� Purchasing Officer STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 6. 1998 ------------------------------------------------------------------------------------- FROM: Dale Frederick Airport Name Division General Gvmt. Department ACTION REQUIRED: The Airport requests the approval of Amendment #3 in the amount of $700.00 to the construction contract #602 with Goodwin & Goodwin, Inc. This amendment covers additional construction, which was necessary to complete the airport's sewer lift station, project #96066. The increased amount resulted from the need for an additional manhole connection. When an existing manhole connection was excavated, it was discovered that the connection was badly damaged and could not be used. Since some items cost less than the contract price, the net increase to this contract is $376.26. The total cost of this project was $102,800.00 of which the Arkansas Department of Aeronautics has approved a 50% grant. COST TO CITY: $376.26 Cost of this Request 5550-3960-5815-00 Account Number 96066 Project Number $103.884.78 Category/Project Budget $102,800.00 Funds used to date $ 1.084.78 Remaining Balance Sewer Lift Station Category/Project Name N/A Program Name Airport Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached i� y� Budget Coordinator Administrative Services Director REVIEW: Date GDates Date GRANTING AGENCY: C rdinator to — I ma1 Auditor Date STAFF RECOMMENDATION: Staff recommends approval. vision Head Date Dep ,nt i ector Date Adnv , ativ� i es Director D � Mayo Date Cross Reference New Item: Yes Prev Ord/Res#: Orig Cont. Date: No STAFF REVIEW FORM Page Description: Meeting Date: October 6. 1998 East Side Sewer Lift Station Amendment Comments: Budget Coordinator p Reference Comments: 11 6 C e_ V, c..o (A Q Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: ADA Coordinator Reference Comments: Internal Auditor Reference Comments: Date 7-13-98 Journal Entry Number 7068 JOURNAL ENTRIES Prepared By s.. Accoikt Number Account Name Amount Debit Credit Fund Dept Sub Dept Hass Detail Project Sub Proj -7 3%0 Id a rS Entered Accounting Supervisor Journal Entry Number 7068 101 1D1 • 1' AGREEMENT WITH Goodwin & Goodwin, Inc. AMENDMENT #_2P( This is an amendment to the Agreement for Airport Sewer Lift Station executed on the 5 day of August 1998 between the City of Fayetteville, Arkansas and Goodwin E Goodwin, Inc. Additional services required due to an existing manhole stubout which was not Co nnItc�;on usable. A second manhole was required to replace this damaged manhole connection. The charge for the additional services shall not exceed $_700.00 CITY OF FAYETTEVILLE: _• Date U 8 Mayor Company Goodwin & Goodwin, Inc. Date I' FOR OFFICE USE ONLY Existing P.O. # 11 I Contract # AGREEMENT WITH Goodwin $ Goodwin, Inc. AMENDMENT # 2 This is an amendment to the Agreement for Airport Sewer Lift Station executed on the 17th day of June i9.21 between the City of Fayetteville, Arkansas and Goodwin Ej Goodwin, Inc. X ? CiC �3.rVMW X4tJg�E (?�dJJ*XtU Reduction in contract price amount to cover additional engineering services due to company's failure to complete • project on schedule. ��C?��f XX�Yt�(X��?d(�C1f$X#YtttZXi�i�X:Xl�tf+�Y$X�Kdi1GX�QlC�Cl�7�dC The reduction in the contract amount shall not exceed $ 1,555.56 CITY OF FAYETTEVILLE: Date_____________ Mayor Goodwin & Goodwin, Inc. Company T'tle Date I! FOR OFFICE USE ONLY I' Existing P.O. # 98-0001235-001 Contract # 602 AMENDMENT TO THE AGREffiIENT wITH Goodwin E Goodwin, Inc. This is an amendment to the Agreement for Airport Sewer Lift Station executed on the 17th day of June 19.22 between the City of Fayetteville, Arkansas and Goodwin & Goodwin, Inc. ��(CLfr,'tXl�f�fi(31�,1QC�X$�i14 Reduction in contract price amount to cover additional engineering services due to company's failure to complete project on schedule. �'K�f XC�7(��CX�SQ�?CX�C�J�XJ�4$7�C4@�1�CXI�l�4C�CCX�F�I�+�C�CXRI'(7�CXi��FiF�C The reduction in the contract amount shall not exceed $ 1,200.53 CITY OF FAYETTEVILLE: % Date Mayor Goodwin $ Goodwin, Inc. Company w LfJWjO-#rN)QLLU, Date -_- Ti le FOR OFFICE USE ONLY Existing P.O. # 98-0001235-00 Contract # 602 CHECK NO.230418 . • ≤3 c:' c�� c:? Y, .I.:i. -F' t. s •t•. r:l •t.:i. o n 1. , b '3 . �3 O . ; 3/:L6/ < • • 0 < • a�:. > 1::: ,:3 r' , = THIS CHECK MUST BE PRESENTED WITHIN 60 DAYS FROM DATE CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS GENERAL FUND PAY TO THE ORDER OF (3oodwin & 0oodw:in 303 Free Ferry Ro d Fort Smith CHECK NO. 230418 MdLROV BANK FAYETTEVILLE, ARKANSAS 81_87 829 Ahk/cAA1.F>8 ,I:I(:ll..,l..Fa11f3 AND 30 (:EN'r':3 DATE 3/::3()/:1.99:3 AR 72903 CHECK NO. AMOUNT '304:1.(:3 it)1. )6f: .30 NOH-NFERO�0A LIE II' 030L,Ita" Y:fl( pr7fIn1 f 21! ts13i, b9A4411'U6 PURCHASE ORDER # FAYETTEVILLE VENDOR NO. 293 Goodwin & Goodwin 3503 Free Ferry Rd Fort Smith AR 72903 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas DATE 3/20/98 FOB Fyv TERMS NET 30 DAY 98-0001235-001 Unit Oty Description and Oty. Of Received Account Number Unit Price TOTALS Issue Project #96066-01 1.Q0 JOB a) Install sewer lift station at the East side hangar area, Contract #602, Project #96066-1 Ref previous PO #52639 5550.3960.5815.00 $3784.69 pf //g1O SHIP TO: Municipal Airport CITY OF FAYETI'EVILLE 4500 S SCHOOL FAYEITEVII.LE AR 72701 Green, D Frederick DEPARTMENT VERIFICATION BY PATE RECEIVED 3f23/ 9P DEPT HEAD APPROVAL AMOUNT TO PAY $ I (, XS. 3 C7 A/P VERIFICATION APPROVED BY 3784.69 3784.69 Sales Tax Total: Purchase Order Total: 3784.65 ADDITIONAL APPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER PURCHASING VERIFICATION PRICE CHANGE VERIFICATION {� PROJECT # / /p O % Ca - C) l �1 THIS PAYMENT $ / Cc ,� - 3 c' l PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ • 30 SEND COPY TO BALANCE $ .fir (" 9 .39 `r WHEN COMPLETE DELIVER TO ACCTS. PAYABLE Engineer's Estimate No. 2 City of Fayetteville, AR Drake Field East Side Sewage Lift Station MCE Project No. FY962114 Construction Period: 11/3/97 thru 3/11/98 Date of Estimate: Recommended By: Mc elland Consulting Engineers, Inc. Signature and Date Accepted By: Goodwin & Goodwin, Inc. The Contractor certifies that: (1) title to all Work, materials and equipment incorporated in the Work, or otherwise listed in or covered by this and all previous Pay Estimates will pass to the Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as are covered by Bond acceptable to Owner indemnifying Owner against any such lien, claim, security interest or encumbrance), and (2) all Work covered by this Pay Estimate is in accordance with the Contract Documents and not defective. �ttz. 3 v Signature and Date Approved By: City of Fayetteville, AR Original Contract Amount: Approved Change Orders: Current Contract Amount: Total Work to Date: Materials On Hand: Less Material Used: Subtotal: Less Retainage (5% of Total Work) Amount Due: $85,970.00 $0.00 $85,970.00 $85,159.66 $0.00 $0.00 $85,159.66 $4,257.98 $80,901.68 Less Previous Payments: $78,015.85 Less Previous Engr Overtime: $1,200.53 Less Engr Overtime (_ hours): $0.00 Subtotal $79,216.38 Due and Payable, this Period: $1,685.30 Signature and Date Pay Estimate No. 2, FY962114 Drake Field East Sewage Pump Station Bid Item Description Unit Unit Price Plan Qty Plan $ Prev Qty This Est Qty To Date $ Earned To Date I Trench & Excavation Safety LS $250.00 1 $250.00 1 0 1 $250.00 2 Grinder Pum Station LS $51,000.00 1 $51,000.00 0.99 0.01 1 $51,000.00 3 Pig Launch Structure LS $1,500.00 1 $1,500.00 1 0 1 $1,500.00 4 Drop Manhole EA $2,000.00 1 $2,000.00 1 0 1 $2,000.00 5 6" DIP Sewer 80% LF $20.00 143 $2,860.00 143 0 143 $2,860.00 85% 6" DIP Sewer LF $1.25 143 $178.75 143 0 143 $178.75 98% 6" DIP Sewer LF $3.25 143 $464.75 143 0 143 $464.75 100% 6" DIP Sewer LF $0.50 143 $71.50 0 0 0 $0.00 6 8" DIP Sewer 80% LF $28.00 18 $504.00 18 0 18 $504.00 85% 8" DIP Sewer LF $1.75 18 $31.50 18 0 18 $31.50 98% 8" DIP Sewer LF $4.55 18 $81.90 18 0 18 $81.90 100% 8" DIP Sewer LF $0.70 18 $12.60 0 0 0 $0.00 7 4" PVC Force Main 80% LF $4.40 1,750 $7,700.00 1750 0 1750 $7,700.00 85% 4" PVC Force Main LF $0.28 1,750 $490.00 1750 0 1750 $490.00 98% 4" PVC Force Main LF $0.71 1,750 $1,242.50 1750 0 1750 $1,242.50 100% 4" PVC Force Main LF $0.11 1,750 $192.50 0 0 0 $0.00 8 10" Bored Casing LF $65.00 75 $4,875.00 60 0 60 $3,900.00 9 Chain Link Fence LF $16.00 80 $1,280.00 1 79 80 $1,280.00 10 Gate in Existing Fence EA $600.00 1 $600.00 1 0 1 $600.00 11 DI MJ Fittings LB $3.00 600 $1,800.00 540 0 540 $1,620.00 12 Air & Vac Release Valve Assy EA $2,100.00 1 $2,100.00 1 0 1 $2,100.00 13 4" MJ Gate Valve w/box EA $375.00 3 $1,125.00 3 0 3 $1,125.00 14 Concrete Encasement CY $85.00 2 $170.00 5 0 5 $425.00 15 Valve Box for Trace Wire EA $100.00 2 $200.00 2 0 2 $200.00 16 Class 7 Base for Access Drive TN $22.00 70 $1,540.00 54.83 0 54.83 $1,206.26 17 Connect Force Main to Exist. MH EA $700.00 1 $700.00 2 0 2 $1,400.00 18 Misc ... Installation LS $3,000.00 1 $3,000.00 1 0 1 $3,000.00 1 $85,970.00 1 $85,159.66 11/03/97 thru 03/11/98 Page 1 y CHECK NO. )hh'( DESCRIPTION . . . :11/Uo/ 7 970000042 i Sewer lift at. iti.on 78,015,8 THIS CHECK MUST BE PRESENTED WITHIN 60 DAYS FROM DATE CHECK NO. CITY OF FAYETTEVILLE McILROE, AAli VV FAYETTEVILLE, ARKAKA NSAS .81-87. FAYETTEVILLE,ARKANSAS 829 GENERAL FUND Ar.h::n'7E:301.';I3(:lI...I._ARS AND 85 CENTS PAY TO THE ORDER OF DATE CHECK NO. AMOUNT 2/:!. i/L9tr'l' 226t8 $78;015.85. Goodwin & Goodwin 3309 Royr�7. Scott.<;;. W4ry Fort Smith AR 72901. III 'I' 2. 5 Ilm ':u f s- u u .a ' cf+; �� >tia 4 a t� +, �," U b FAYETTEVILLE Each Package Must Be ed Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 0052639 VENDOR NO. 00293 DATE GOODWIN & GOODWIN 3309 ROYAL SCOTTS WAY FORT SMITH . AR 72901 DEC 03 197 6/25/97 FOB FAYETTEVILLE ctfdANCE gF TERMS 0/00/00 NET 30 DAYS Unit Description and Unit Price TOTALS Item No. Qty. of Account Number Issue 1.00 JO INSTALL A SEWER LIFT STATION AT THE EAST SIDE HANGAR AREA CONTRACT #602 ( 5550 3960 5815 00 96066 HIPTO: CITYOFFAYITFEVILLE MUNICIPAL AIRPORT 4500 S SCHOOL F,A AR 72701 MMELLINGER D FREDERICK DEPARTMENT VERIFICATION RECEIVED DEPT HEAD APPROVAL AMOUNT TO PAY AIP VERIFICATION BY D TE p -/t/ g % $ 14�1-78,0/S.CYS BY 85970.000 85970.00 1) Purchase Order Total: ADDITIONAL APPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER PURCHASING VERIFICATION PRICE CHANGE VERIFICATION PROJECT # �•� THIS PAYMENT $ ° PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ SEND COPY TO BALANCE $ 1Z L YWHEN COMPLETE DELIVER TO ACCTS. PAYABLE 85,970.00 Engineer's Estimate No. 1 City of Fayetteville, AR tt is r: I ,� Original Contract Amount: $85,970.00 Drake Field East Side Sewage Lift Station Approved Change Orders: $0.00 DEC 0 3 1°97 Current Contract Amount: $85,970.00 MCE Project No. FY962114 FINANCE DEPT, Total Work to Date: $83,385.66 Construction Period: 8/18/97 thru 11/3/97 Materials On Hand: $0.00 Date of Estimate: Less Material Used: $0.00 Subtotal: $83,385.66 Recommended By: McClelland Consulting Engineers, Inc. / Q7 ii�� c/, Less Retainage Total Work) $4,169.28 hJ (5% of Signature and Date Accepted By: Goodwin & Goodwin, Inc. Amount Due: $79,216.38 The Contractor certifies that: (1) title to all Work, materials and equipment incorporated in the Work, or otherwise listed in or covered by this and all previous Pay Less Previous Payments: $0.00 Estimates will pass to the Owner at time of payment free and clear of all liens, claims, Less Engr Services Beyond Substa security interests and encumbrances (except such as are covered by Bond acceptable Completion Date of Oct. 17, 1997 _ to Owner indemnifying Owner against any such lien, claim, security interest or 21.5 hours: Addl Engr Expenses $1,153.26 encumbrance), and (2) all Work covered by this Pay Estimate is in accordance with Addl Engr Exps 163miles @ $0.29 $47.27 the Contract Documents and not defective. 9/"Y1 Subtotal Due and Payable, this Period: $1,200.53 $78,015.85 Signature and Date Approved By: City of Fayetteville, AR • Signature and Date The review of such shop drawings and catalog cuts by the Engineer shall not relieve the Contractor from responsibility for correctness of dimensions, fabrication details, and space requirements or for deviations from the Contract Drawings or Specifications unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS The Engineer will furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, if, in the Engineer's opinion, such are required for the proper execution of the Work. All such drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. THE CONTRACTOR AND HIS EMPLOYEES 34. INDEPENDENT CONTRACTOR The Contractor shall perform all Work under this Contract as an Independent Contractor and shall not be considered as an agent of the Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. The Contractor shall employee only employees who are competent and skillful in their respective line of work, and local labor shall be given preference. Whenever the Engineer or the Owner notify the Contractor that any person on this work is, in their opinion, incompetent, disorderly, or refuses to carry out the provisions of this Contract, or uses threatening or abusive language to any personrepresenting the Owner on the work or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. 35. SUBCONTRACTING Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer the names of all subcontractors proposed for the Work, including the names of any subcontractors that were submitted with the Bid. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform Work of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. 00700-11 The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. 36. INSURANCE AND LIABILITY A. GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Each certificate shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the Owner. In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. All insurance contracts and certificates shall be executed by a licensed resident agent of the insurance company, having his place of business in the State of Arkansas, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said insurance company shall be duly licensed and qualified to do business in the State of Arkansas. B. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall 00700- 12 require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act when applicable. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. D. GENERAL LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract such independent contractor's general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. Coverage for property damage shall be on a "broad form" basis with no exclusions for "X, C, and U." The certificate of insurance shall explicitly waive X, C, and U exclusions. Amount of insurance to be provided shall be as shown below: I) Contractor's Comprehensive General Liability Insurance General Aggregate: Not less than $2,000,000 Completed Operations Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit 2) Contractor's Comprehensive Automobile Liability Insurance Shall include Personal Injury and Property Damage coverage for "Any Auto", "Hired Autos", and "Non -Owned Auto" at a Combined Single Limit of not less than $1,000,000. 3) Contractor's Excess Umbrella Policy $1,000,000 limit of liability policy shall be provided. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. The Contractor's and any subcontractor's general liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of Work performed under this Contract. Certificates of insurance shall explicitly name the Owner and Engineer as additional insureds. Inclusion of either party as "certificate holder" does not meet this requirement. 00700-13 E. PROPERTY INSURANCE Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain during the life of this Contract, property insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: 1) include the interests of the Contractor, subcontractors, and the Owner as such interests may appear; 2) be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary facilities, falsework, and Work in transit. The policy shall insure against at least the following perils: fire, lightning, theft, vandalism and malicious mischief, earthquake, collapse, debris removal occasioned by enforcement of Laws and Regulations, water damage, and other such perils as may be specifically required by the Supplementary Conditions or Basic Requirements; 3) include expenses incurred in the repair, replacement, redesign, or reinspection of any insured property; and 4) cover materials and equipment stored at the site, or at another location that was agreed to in writing by the Owner, prior to being incorporated in the Work. F. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE (OCP INSURANCE) The Contractor shall, at his expense, provide the Owner with a separate OCP Insurance Policy naming the Owner as the Insured and the Engineer as Additional Insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. It is understood that the coverage shall apply to all authorized representatives of the said parties. The limits of policy coverage shall be: General Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit G. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the Supplementary Conditions. 00700 - 14 H. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. 37. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' fees, up to the amount of the Contract price, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not approximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the inspection of the Work that is the subject of this construction Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. 38. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes, including any and all change of taxes thereof, and all withholding taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 39. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the Work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. I 00700- 15 The Contractor shall observe and comply with all applicable local, state, and federal occupational safety and health regulations during the prosecution of Work under this Contract. In addition, full compliance by the Contractor with the U. S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be required under the terms of this Contract. 40. SUPERINTENDENCE The Contractor shall keep on the Work, during its progress, competent supervisory personnel. The Contractor shall designate, in writing, before starting Work, one authorized representative who shall have complete authority to represent and to act for the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the Work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the Work under the Contract. 41. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized representative of the Contractor, shall represent the Contractor in all directions given to him by the Engineer. Such directions of major importance will be confirmed in writing. Any direction will be so confirmed, in each case, on written request from the Contractor. 42. SANITATION Sanitary conveniences conforming to state and local codes shall be erected and maintained by the Contractor at all times while workers are employed on the Work. The sanitary convenience facilities shall be as approved by the Engineer. 43. EMPLOYEES The Contractor shall employ only men or women who are competent and skillful in their respective line of work. Whenever the Engineer or Owner shall notify the Contractor that any person on the Work is, in their opinion, incompetent, unfaithful, or disorderly or refuses to carry out the provisions of this Contract or uses threatening or abusive language to any person representing the Owner on the Work, or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. 44. PROJECT MEETINGS The Engineer may conduct Project meetings, as he deems necessary, for the purposes of discussing and resolving matters concerning the various elements of the Work. Time and place for these meetings and the names of persons required to be present shall be as directed by the 00700- 16 70. CUTTING AND PATCHING The Contractor shall do all cutting, fitting, or patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by Work of other Contractors shown upon or reasonably implied by the Drawings. Any defective Work or material, performed or furnished by the Contractor, that may be discovered by the Engineer before the final acceptance of the Work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the Contractor. 71. CLEANING UP The Contractor shall, at all times, at his own expense, keep property on which Work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish, and waste materials resulting from his operations. PA YMENT 72. PAYMENT FOR CHANGE ORDERS Payment or credit for any alterations covered by a Change Order shall be determined by one or a combination of the methods set forth in A, B, or C below as applicable: A. UNIT PRICES. If applicable, those unit prices stipulated in the Bid, shall be utilized. If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually agreed upon. B. LUMP SUM. A total lump sum for the Work may be negotiated as mutually agreed upon by the Contractor and Owner. In "A" and "B" above, Contractor's quotations for Change Orders shall be in writing and firm for a period of 90 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the Work or alteration defined in the Change Order. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the Work or alteration plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. The Owner's request for quotations on alterations to the Work shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. Lump sum quotations for alterations to 00700 - 28 the Work shall include substantiating documentation with an itemized breakdown of Contractor and subcontractor costs, including labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. C. FORCE ACCOUNT WORK. If the method of payment cannot be agreed upon prior to the beginning of the Work, and the Owner or the Engineer directs that the Work be done by written Change Order or on a force account basis, then the Contractor shall furnish labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time. For the Work performed, payment will be made for the documented actual cost of the following: 1) Labor, including foremen, who are directly assigned to the force account Work: (actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements, labor insurance, and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by the Owner. 2) Material delivered and used on the designated Work, including sales tax, if paid for by the Contractor or his subcontractor. 3) Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4) Additional bond, as required and approved by the Owner. 5) Additional! insurance (other than labor insurance) as required and approved by the Owner. To costs under 72C, FORCE ACCOUNT WORK, there shall be added the following fixed fees for the Contractor or subcontractor actually performing the Work: A fixed fee not to exceed 15 percent of the cost of all items above. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. 00700-29 For equipment under Item 3 above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of Work paid for on a force account basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate of each day's force account Work no later than the working day following the performance of said Work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily report sheets shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or his authorized agent. To receive partial payments and final payment for force account Work, the Contractor shall submit in a manner approved by the Engineer, detailed and complete documented verification of the Contractor's and any of his subcontractors' actual current costs involved in the force account Work pursuant to the issuance of an approved Change Order. Such costs shall be submitted within 30 days after said Work has been performed. No payment will be made for Work billed and submitted to the Engineer after the 30 -day period has expired. No extra or additional Work shall be performed by the Contractor, except in an emergency endangering life or property, unless in pursuance of a written Change Order, as provided in ALTERATIONS -CHANCES IN WORK. 00700 - 30 1 73. PARTIAL PAYMENTS A. GENERAL Nothing contained in this Article shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid Work, should such Work be later found not to comply with the provisions of the Contract Documents. All estimated quantities of Work for which partial payments have been made are subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of Work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. For public works projects, each partial payment request and final payment request shall contain an affidavit by the Contractor that all provisions of the applicable federal and state requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. B. ESTIMATE AND PAYMENT Before the first working day of each calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the Work completed in accordance with the Contract Documents, and the value of approved materials delivered to the Project site suitably stored and protected prior to incorporation into the Work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. An estimate of monthly progress payments shall be provided for the entire job prior to the first payment request. An update of the estimate of progress payments shall be updated if the actual progress differs by more than 20 percent in any given month. Each monthly payment request shall include the required updated Schedule. If the updated Schedule is not submitted, the Owner may withhold payment until this item is completed. The Contractor shall be paid within 30 days of approval of the payment request. C. DEDUCTION FROM ESTIMATE Unless modified in the Supplementary Conditions, deductions from the estimate will be as described below. The Owner will deduct from the estimate, and retain as part security, I10 percent of the amount earned for Work satisfactorily completed. However, no deduction or retainage will be made on the approved items of material delivered to and properly stored at the job site but not incorporated into the Work. When the Work is 50 percent complete, the Owner may "freeze" the retainage at 5 percent of the dollar value of the total contract provided that the Contractor is making satisfactory progress and 00700 - 31 there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent of the dollar value of "Work complete to date" if the Owner determines, at his discretion, that the Contractor is not making satisfactory progress or where there is other specific cause for such withholding. NOTE: Exception —If the Work includes water or sewer pipelines, the Contractor shall maintain the Work for a period of ninety (90) days following its acceptance by the OWNER. Up to five percent (5%) of the Contract amount shall be retained during this maintenance period. All prior payments shall be subject to correction in the final payment. This 90 -day period does not relieve the Contractor of the Performance and Payment Bond requirements regarding warranty of the Project. In such cases, the semi-final payment estimate shall indicate the initial acceptance of the Work, and the warranty shall begin on such date. D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS DELIVERED Unless modified in the Supplementary Conditions, qualification for partial payment for materials delivered but not yet incorporated in to the Work shall be as described below. Materials, as used herein, shall be considered to be those items which are fabricated or manufactured material and equipment. To receive partial payment for materials delivered to the site, but not incorporated in the Work, it shall be necessary for the Contractor to include invoices of such materials and documentation warranting that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein; all of which must be satisfactory to Owner. At the time of the next partial payment request, the Contractor must submit the following documentation relative to materials paid on the previous partial payment: id invoices of such materials or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (i.e., all materials have been paid for by Contractor). Failure to submit this documentation will result in an appropriate reduction on the current partial payment estimate for such materials. At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. 00700 - 32 E. PAYMENT After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor within 30 days of the Owner's receipt of an approved request, except where the Owner is a municipality or other agency whose laws require the approval of each payment by a council or similar body, in which case, the payment shall become due and payable 10 days after the first regularly -scheduled meeting in the month following the submittal of such payment request. 74. CLAIMS In any case where the Contractor deems additional compensation is due him for Work or materials not clearly covered in the Contract or not ordered by the Engineer according to provisions of Article 20 ALTERATIONS - CHANGES IN WORK, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the Work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. Claims for additional compensation shall be made in itemized detail and submitted, in writing, to the Owner and Engineer within 10 days following completion of that portion of the Work for which the Contractor bases his claim. In case the claim is found to be just, it shall be allowed and paid for as provided in the Article titled, PAYMENT FOR CHANGE ORDERS. NOTICE OF CLAIM FOR DELAY If the Contractor intends to file a claim for additional compensation for delay caused by the Owner at a particular time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and need not state the amount. No claim for additional compensation will be considered unless the provisions of Article 61, DELAYS AND EXTENSION OF TIME, are complied with, and a notice of claim has been filed with the Owner in writing, as stated above. Should the Owner be prevented or enjoined from proceeding with Work, either before or after its prosecution, or from authorizing its prosecution by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the Work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay, with such determination to be set forth in writing. 00700-33 76. RELEASE OF LIENS OR CLAIMS The Contractor shall indemnify and save harmless the Owner from all claims for labor and materials furnished under this Contract. Prior to the final payment, the Contractor shall furnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the Project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the Project, and that the hourly wages paid to all persons on the Project were in accordance with the applicable wage scale determinations. 77. FINAL PAYMENT Upon completion of all of the Work under this Contract, the Contractor shall notify the Engineer, in writing, that he has completed his part of the Contract and shall request final inspection. Upon receipt of the Contractor's written notice that the Work is ready for final inspection, the Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed Work and as to the final estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner and compliance with provisions in Article titled, RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage certification. 78. NO WAIVER OF RIGHTS Neither the inspection of the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole • or any part of the Work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract, or any power herein reserved tothe Contract be held to be a waiver wner, or any right to damages of any other provided nor shall any waiver of any breach in this or subsequent breach. 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall release the Owner and the Engineer, as agent of the Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the Work, and every act of the Owner and others relating to or arising out of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from obligations under this Contract and the Performance and Payment Bonds, and other bonds and warranties, as herein provided. END OF GENERAL CONDITIONS 00700 - 34