HomeMy WebLinkAbout84-97 RESOLUTIONRESOLUTION NO. 84-97
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $944,300, PLUS A CONTINGENCY
AMOUNT OF $94,430, TO THE A TEAM CONSTRUCTION
COMPANY; AND APPROVAL OF A BUDGET ADJUSTMENT
IN THE AMOUNT TO $375,044.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards a construction contract in the amount
of $944,300, plus a contingency amount of $94,430, to the A Team Construction Company and
authorizes the Mayor and City Clerk to execute said contract. A copy of the contact 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
$375,044 increasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 96055 by
decreasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 97045. A copy of the
budget adjustment is attached hereto marked Exhibit "B" and made a part hereof.
.. PASSED AND APPROVED this 2nd day of September , 1997.
. .}_
APPROVED:
By: �.
red Hanna, Mayor
ATTEST:
By.
Traci Paul, City Clerk
AGREEMENT
THIS AGREEMENT is dated as of the c n d day of S p fe m 6 eY
in theyear192Z-byandbetween the City of Fayetteville,
Arkansas (hereinafter called OWNER) and
A -Team Construction Company of Fayetteville, Arkansas
(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:
Approximately 22,650 linear feet of 12 inch and 10,000 linear feet of 6 inch
water pipe, with associated connections to existing lines, appurtenances,
and other related items of work, which consists of all items as set out in the
Bid (City of Fayetteville Bid No. 97-40), and these Plans and Specifications
No. Fy-265, dated May, 1997, for the unit and lump sum prices bid in the
Bid, including all work required for a complete installation.
Article 2. ENGINEER
The Project has been designed by McGoodwin, Williams and Yates, Inc., 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 TIMES
3.1 The Work will be substantially completed and the line in service within one
hundred twenty (120) days after the date when the Contract Times commence 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 of the General Conditions within one
hundred fifty (150) days after the date when the Contract Times commence 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 five hundred dollars ($500.00) 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 five hundred dollars ($500.00) for each day that expires after
the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds for the performance of the Contract in
accordance with the accepted Bid therefor, subject to additions and deductions, as
provided in the Specifications, for unit and lump sum prices in the Bid, the total sum
being
Nine Hundred Forty -Four Thousand
Three Hundred and no/100----------------------($_944,300.00 ),
(use words) (figures)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification 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. Applications for Payment will be processed by Engineer as provided
in the General Conditions.
5.1 Progress Payments; Retainage. 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 the last Friday of each month during construction as
provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in
the case of Unit Price Work based on the number of units completed) or, in the event
there is no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as Engineer shall determine, or
Owner may withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has been
50% completed as determined by Engineer, and if the character and progress of
the Work have been satisfactory to Owner and Engineer, Owner, on
recommendation of Engineer, may determine that as long as the character and
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progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 95% of the
Work completed.
100% of 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).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to Contractor to 95% of the Contract Price (with the balance being retainage), less such
amounts as Engineer shall determine, or Owner may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 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 paragraph 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.
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 (except
Underground Facilities) 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
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(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 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
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
This Agreement.
Exhibits to this Agreement.
Performance, Payment and other Bonds.
Notice to Proceed.
General Conditions.
Supplementary Conditions.
Specifications consisting of divisions and sections as listed in the Table of
Contents.
Drawings consisting of a cover sheet and 18 sheets.
Addenda numbers
Contractor's bid.
L. to 3 , inclusive.
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a7.11 Documentation submitted by Contractor prior to Notice of Award.
7.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: 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 I 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 Owner and Contractor, who agree that the
Contract Documents shall be reformed to replace such 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.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One
counterpart each has been delivered to Owner, Contractor and Engineer. All portions
of the Contract Documents have been signed, initialed or identified by Owner and
Contractor or identified by Engineer on their behalf.
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This Agreement will be effective on 5 e - P t e - m 6 e r ) ,19_97
(which is the Effective Date of the Agreement).
I
OWNER:
CITY OF FAYETTEVILLE, ARKANSAS
By: /4414
Fred Hanna, Mayor
[Corporate Seal]
Attest
Traci Paul, 1 y Clerk
Address for Giving Notices
113 West Mountain Street
CONTRACTOR:
A -TEAM CONSTRUCTION COMPANY
By'
J. . Selph, 0 ner
[Corporate Seal]
Address for Giving Notices
2145 N. Center Street
Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72701
6-6
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 ENGINEERpursuant to
paragraph ;:.
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
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be valid if not submitted in accor ' - - - : 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 prcper
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
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cash discounts s►. -u accrue to OWNER. All trade discounts,
rebates and refu Lnd 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.
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.
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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 II 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
36
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
shall not give rise to any . duty on the �,�, . 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 workof 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
37
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 11. 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 11. 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
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 paymc:tt. 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 fill 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 c,f
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 willdeliver 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
39
ENGINEER in w..,,,,a 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
particulars in which this inspection reveals that the Work is
incomplete or defective. 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
filed 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 OWNER
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 days 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. t :`#
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 be
submitted by CONTRACTOR to ENGINEER with the
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 15 —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 11
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
40
/() 537/(
CHANGE ORDER
(Instructions on reverse side)
No. 1
PROJECT Water System Improvements_- Hwy. 45 East
and White*River Connections
DATE OF ISSUANCE ..October 25, 1997 EFFECTIVE DATE ...... October 25, 1997
OWNER ...... City of Fayetteville, Arkansas
.........................................................................
OWNER's Contract No. ...... -265
.....................
CONTRACTOR A -Team Construction CompanyENGINEER .McGoodwin, Williams and Yates, Inc.
•..................................
You are directed to make the following changes in the Contract Documents.
Description: 1) Install Megalugs at 6" and 12" fittings and valves. 2) Extend road
crossing encasements as directed.
Reason for Change Order: 1)Provide more positive restraint for fittings and valves.
2)Provide encasement lengths as required.
Attachments: (List documents supporting change) Work Change Directive No. 1 including Quotes
from A -Team Construction Company.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
0 ' 'nal Contract Times NO CHANC
944, 300.00
Subs tial Completion:
$
Ready f)\l payment:
days or dates
Net changes from previous Change Orders No. = to No. =
Net change from\revious Change Orders No. _ to No.
$ N/A
days
Contract Price prior to this Change Order
Contract Times prior to this ange Order
944 300.00
,
Substantial Completion:
$
Ready for final payment:
days or dat
Net Increase ( of this Change Order
Net Increase (decrease) of this Change Ord\
$ 8,575.00
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
952 875.00
,
Substantial Completion:
$
Ready for final payment:
days or dates
McGoodwin, Williams and
Z
NDED:°plJ.a`n ignaturel
Date: 6 -% 2 . 9 2
City of ayettev' le, AR
APPROVE
By:
ner (&uthotit:ed Sigqututel
F ec Hanna, Mayor
Date:
A -Team Construction Company
ACCEPTED:
By: L _
J. C. e�p il; ut iZ eS alurel
Date: /O ^ o? 9 99 7
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
WORK CHANGE DIRECTIVE
(Instructions on reverse side) No. 1
PROJECT Water System Improvements -
Hwy. ..S East & White River Connections
DATE OF ISSUANCE ..Pt........ EFFECTIVE DATE
OWNER ......City„of, Fayetteville,,,Arlansas................................................
OWNER's Contract No. ...... Fy- 2 6 5..........................................................................
CONTRACTOR A -Team. C_onstructionENGINEER Mc Goodwin,,, Williams„anal ,Pate=
Company Inc.
You are directed to proceed promptly with the following change(s):
Description: 1) Install Megalugs at 6" and 12" fittings and valves.
2)Extend road crossing encasements as directed.
Purpose of Work Change Directive: 1) Obtain secure installation of fittings and
valves on PVC pipe. 2 Obtain encasements of length satisfactory to
Attachments: (List document zv supporting change the County. A-µ T.D
1)Quote from A -Team for Megalug. 2)Quote from A -Team for bore and
encasement.
If a claim is made that the above change(s) have affected Contract price or Contract Times any claim for a Change
Order based thereon will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in
Contract Price:
Ca Unit Prices
0 Lump Sum
0 Other
B�1SKL.
Esti nc e (�e6A e) in Contract Price:
$ .00
t e change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
RECOMMENDED:
Method of determining change in
Contract Times:
0 Contractor's records
® Engineer's records
0 Other
Estimated increase (decrease) in Contract Times:
Substantial Completion: 0 days;
Ready for final payment: 0 days.
If the change involves an increase, the estimated
times are not to be exceeded without further
authorization.
AUTHORIZED:
McGoodwin, Williams and Yates,Inc. City of Fayetteville, Arkansas
ENGINEER OWNER
By: Tom Webb t"uthumed Sig iuict By: (Aw SiWii* e)
EJCDC No. 1910-8-F (1990 Edition)
Prepared by the Engineers Joint Cori ^ ct Documents Comm4tee and endorsed by The A.',ne algid r..... -d ('t."'". .' '--a--
Quote
A -TEAM CONSTRUCTION
2146 N. CENTER
FAY TTEViLLE, AR 72701
PHONE 603-233Q
! TV ' F _ Ei d LLB
PttrchaselOr+er
Terms Viral Info...... :
< ► '
Q108
Date ;:::
10/02/97
A -TEAM CONSTRUCTION i
2145 N. CENTER
F YETTEWLLE, AR 72701
PHONE 043.2330
City of Fayetteville
Favetteville. Ark.
P ase:t3r+d r: Teter C3eneral lnfotmation Req.#
Quote
CHANGE ORDER
(Instructions on reverse side)
No.
2
PROJECT Water System Improvements - Hwy. 45 East
..............
and White River Connections
DATE OF ISSUANCE ,DeceTber.l,..1997...... EFFECTIVE DATE .....October 25, 1997
..........................
OWNER .......X. , City of Fayetteville, Arkansas
...................................................................................................
OWNER's Contract No. ....., '-265 ....................
CONTRACTOR A -Team Construction Company ENGINEER �ood . Williams and Yates ..Inc.
....................................................
You are directed to make the following changes in the Contract Documents.
1) Extend Gulley Road encasement; 2) Install water line in restricted
Description: right-of-way; 3) Construct Sequoyah Pump Station at relocated site.
Reason for Change Order: 1) Extend encasement beyond ditch line; 2) Avoid damage to
private property; 3) Move pump station and improve lay -out.
Attachments: (List documents supporting change) Layout Drawing of Pump Station.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion: 120 calendar days
$ 944,300.00
Ready for final payment: 150 calendar days
days or dale
Net changes from previous Change Order No. J.. t'/{6 /.Lt
Net change from previous Change Orders No. _ to No. _
$ + 8,575.00
N/A
days
Contract Price prior to this Change Order
Contract Times prior to this Change Order
120 calendar days
Substantial Completion:
$ 952, 875.00
Ready for final payment:150_ ca en ays
days or dates
Net Increase (/�6/�) of this Change Order
Net Increase (OV ) of this Change Order
14,951.00
20 calendar days
$
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
140 calendar days
$ 967, 826.00
Substantial Completion:
Ready for final payment: 170 calendar days
days or dates
McGoodwin, Williams and
RECOMMENDED: YaS, Inc.
By: C �t
�CL _ _�fg�pe�il p7iQ�ignaturcl
Date:
ildL , � '.
City of Fa tteville, AR A -Team Construction company
APPROVED• ACCEPTED:
By: By: C "
Fred ann, a J. C. �'ei`plit;ut izpeignsuurcl
Date: �a�� 9 7 Date: / `/
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
Y'6
d 537i
STAFF REVIEW FORM
N/A AGENDA REQUEST,
FROM: Don Bunn
Name
ACTION REOUIRED:
COST TO CITY:
$ 14,951.00
Cost -This Request
5400 5600 5808 00
Account Number
96055
Project Number
For Mayors Signature
Engineering
Division
Public Works
Department
Approval of Change Order No. 2, White River
Water Improvements, Phase 1.
BUDGE ONTRACT REVIEW:
Bu g Coordinator
$1.038.730
Category/Project Budget
$ 952,870 (Contract + C.O. 1)
Funds Used To Date
$ 85,860
Funds Remaining
W/S Construction
Category/Project Name
Program Name
Water and Sewer
Fund Category
X Budgeted Item Budget Adj. Attached
Date Administrative Services Director Date
X97
Date
Date
Purchasing Officer Date
ADA Coordinat rD4'n l lILa2
nternal Auditor &I) -
Date
/2. 17
Date
STAFF RECOMMENDATION: Staff Recommends approval of Change Order No. 2
Department Director
Admin Services i ector
Mayor
12-9-97
DateP Cross Reference
1zbL_ 'I-7 New Item: Yes No
Date
_ Prev Ord/Res #:84-97
Date
Date
Orig Contract Date: 9 - 2 - 97
STAFF REVIEW FORM
N/A AGENDA REQUEST,
FROM: Don Bunn
Name
City Council meeting of N/A
Engineering
Division
Public Works
Department
ACTION REQUIRED: Mayor's signature on Change Order No. 1, Water
System Improvements, White River Connections, Phase 1
COST TO CITY:
$ 8,570.00
Cost -This Request
5400 5600 5808 00
Account Number
96055
Project Number
UDG T CONTRACT REVIEW:
Budget Coordinator
$1, 038,730
Category/Project Budget
$944,300 (Contract Amt)
Funds Used To Date
$ 94,430 (Approved Cont.)
Funds Remaining
W/S Construction
Category/Project Name
Program Name
Water and Sewer
Fund Category
X Budgeted Item Budget Adj. Attached
Date Administrative Services Director Date
ccountin 6 Mager Date A Coo r Date
Y'
Cit Attorney Date Internal Auditor IL Date
/C3 \ -c\
Purchasing Officer Date
STAFF RECOMMENDATION: Approval of Change Order No. 1
vis' ad
Date
Cross Reference
New Item: Yes No
Department Director
Date
Prev Ord/Res #: 84-97
Admin vi es it or
Da e
Y A 7
Orig Contract Date: 9 - 2 - 97
May r
Date
t'E1� j9
CHANGE ORDER I
(Instructions on reverse side)
QM
3
PROJECT, Water System Improvements - Hwy. 45 East
...........................
and White River Connections January 23, 1998
DATE OF ISSUANCE February 31 „1998 , , ..... EFFECTIVE DATE ............... .......................
OWNER ........ City . of Fayetteville, Arkansas
......................................................................................................
OWNER's Contract No. ......F'y.-�65
CONTRACTOR A ;Team. Construction, ,company ENGINEER i" cC 9O Wd • Xate�...IC
You are directed to make the following changes in the Contract Documents.
Description: Install septic system lateral lines on Hissom property on east side of
residence at Station 158+00, Line 1.
Reason for Change Order: To replace septic system lateral lines on west side of the
residence removed in the course of water line construction.
Attachments: (List documents supporting change)
N/A
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
120 calendar days
$ 944, 300.00
Substantial Completion:
Ready for final payment: calendar ys
days or dates
Net changes from previous Change Orders No. 1 to No. ?
Net change from previous Change Orders No. to No. �_
+23,526.00
$
+20 calendar days
days
Contract Price prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion: 140 calendar days
967, 826.00
$
Ready for final payment: 170 calendar days
days or dates
Net Increase (d4'h�) of this Change Order
Net Increase (decrease) of this Change Order
1,450.00
0
$
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion: 140 calendar days
$ 969, 276.00
Ready for final payment: 170 calendar days
days or dates
McGoodwin, Williams
RECOMMENDED: & tes, Inc.
By:
%C
hnar e{ 1 thon{ _ _etpa(u11rct
Date: ?e.h. q, g8
City of Fayetteville, AR
APPROVED
By: ,IZZ
0pwn&4Aulhgrized $jlan4lyrel
?red Hanna, Mayor
Date:
A -Team Construction Company
ACCEPTED:
By:
J. C. uneT6C 1 r1z e_gnalurct
Date: Z/ 7,/ 9R
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
ISTATEMETII
TO It - Le -'T-..-4' - I TERMS
IN ACCOUNT WITH
Harley Estes Construction
'
eNltir4
ESTES ' 16767 Lake Sequoyah -Drive
°9�yro: Fayetteville, AR 72701
I
��
� it
� • _ / �I
.j�r
s.
I-
I
■
0
CHANGE ORDER
(Instructions on reverse side)
water system roveittt w -
PROJECT . and . White . River . Connections
...............................
Im
4
DATE OF ISSUANCE ......June 12 1998 EFFECTIVE DATE ............7une 12, 1998
........
OWNER ...... City of Fayetteville, Arkansas
......................................................................................
OWNER's Contract No. ...... '.-265 .......... . . . ...... .
CONTRACTOR . A -Team Construction Co. ENGINEER mcG°°Cw..' Williams and Yates, Inc.
ct-i .............................................
You are directed to make the following changes in the Contract Documents.
Extend contract time and provide payment for additional work on Metering
Description:Station and Line 1 tie-ins, change pipe at Pressure Reducing Station,
add fill at Pump Station, and install PRV boxes.
Reason for Change Order. Inclement weather, redesign of Meter Station, unanticipated field
conditions, and other changes shown on the Attachment 1.
Attachments: (List documents supporting change) 1) Summary of changes, costs and supporting
rkx-t mients . 2) Supnortinct documents.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
Original Contract Times
Substantial Completion: 120 calendar days
$ 944, 300.00
Ready for final payment: 150 calendar days
days or dates
Net changes from previous Change Orders No. 1 to No. 3
Net change from previous Change Orders No.. 1 to No. 3
$ +24,976.00
+20 calendar days
days
Contract Price prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion: 140 calendar days
$ 969, 276.00
Ready for final payment: 170 calendar days
days or dates
Net Increase (4'c44) of this Change Order
Net Increase WA6i4 t44 of this Change Order
21,370.60
+20 calendar days
$
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion: 160 calendar days
990 646.60
,
$
Ready for final payment: 190 calendar days
days or dates
McGoodwin, Williams and
RECOMMENDED: Yates, Inc.
By:
Date: / J I
City of Fayetteville, AR
APPROVED•
By. Owner IAuthyild Si
Fren ji /or1 a
Date:
A -Team Construction eonpany
ACCEPTED:
By: Q L
J . . `temp ; hositat$ ware)
Date:
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
Feb 4, 1998
McGoodwin, Williams and Yates, Inc.
Richard Cantrell
Project Manager
909 Rolling Hills Drive
Fayetteville, AR 72703
Dear Mr. Cantrell,
I am writing in regard to our time limit on the Highway 45 water
extension. As you are aware, we have been making every effort to
stay on schedule so as to provide water service to Fayetteville's
customers as soon as possible. In spite of the limited work space, the
unmarked utility lines, and unusual weather conditions, we have
continued to make substantial progress. However, in the period of
the first half of January, due to the excessive rainfall and extremely
wet ground conditions, our work for the most part came to a
standstill. As shown in the Resident Project Representative Reports
for that period, we had 2" inches of snow on Dec. 28, light rain or
drizzle on Jan. 2,3,7,12, and 14, 5" inches of rain on Jan. 4 and light
snow on Jan. 8. The result of this unusual precipitation was that we
were unable to work on the job site on the following dates: January
5,6,7,8,9, and 10. A total of 6 days. Work was slowed on other days
during this period due to remobilizing in very muddy conditions.
Another day was lost by one crew when we cut a telephone cable
that was not marked and the following day was lost by both crews so
that a missed telephone cable could be marked that paralelled our
water line. We were also slowed down considerably by therestricted
space we had to work on the Odom property and an unanticipated
reroute on that property.
While we do not want to delay this project and cause any hardship
for Fayetteville, we request that the time limit be extended for an
additional fifteen (15) days so that we can overcome the time we
have lost due to the unusual weather and site conditions that we
have encountered. We will continue to use every available day to
it's best advantage and complete this project at the earliest possible
time so as to get Fayetteville's customers a good water system.
Thank you and the City of Fayetteville for your consideration of
this matter.
Sincerely,
J.C. Selph
JUN -09-98 05:55 PM A TEAM CONSTRUCTION
P.02
A TEAM CONSTRUCTIC Q.
2145 N. CENTER
FAYETTEVIL,LE, AR 72701
PHONE 843-2330
ORIGINAL METER STATION
Quote
Quote #
Q102
%ate
02/18/98
ax
2 4X4'0" MJ X FLG WALL PIPE
207.74
415.48
1 4 TURBO METER W/STR.
2,355.82
2,355.82
1 4" CLA VALVE
1,520.26
1,520.26
2 4X2'6" PLO XFLG DIP
179.88
359.76
1 4X3'6" FLG XFLG DIP
198.40
198.40
7 4" B7G SET
10.80
75.60
1 CONCRETE VAULT W/HATCH
650.00
650.00
1 ELECTRICAL MATERIALS/LABOR
2,861.00
2,861.00
1 SB-2 DRIVEWAY
800.00
800.00
Subtotal 9,23
Tax@0.00% 0.00% .00
Total 9,236.32
JUN -09-98 05:56 PM A TEAM CONSTRUCTION
P.03
A -TEAM CONSTRUCTIOP. _J.
2145 N. CENTER
FAYETTEVILLE, AR 72701
PHONE 643-2330
[—Bill To:
City of Fayetteville
A 72701
Quote
Quote.#
Q145
........... .
Date.
02/14/98
Unit cost Tax
Amount
1 12x8 MJ CROSS
241.00
241.00
1 12XS MJ TEE
178.00
178.00
2 8 MJ RW GATE VALVE
408.00
816.00
2 8X4MJTEE
101.00
202.00
2 8X6 PEXPE REDUCER
54.00
108.00
2 8 MJ 90 BEND
89.00
178.00
4 8 MI S/P SLEEVE
65.00
260.00
2 6" FXP 2'0" WITH WALL RING 8" FROM FLG
117.00
234.00
2 6 FLO RW GATE VALVE
282.00
564.00
2 4 MJ S/P SLEEVE
47.00
94.00
2 4" FXP 2'0" WITH WALL 8" FROM FLG
98.00
196.00
1 6 FLO X FLO DI PIPE 2'S"
145.00
145.00
2 4X3 FLO REDUCER
77.00
154.00
2 3 FLO RW GATE VALVE
197.00
394.00
1 3"X10" FXF FAB PIPE
62.00
62.00
1 3" W350 DRS -E W/HSPR 1100 DN-ACK-PAK IND.
2,009.68
2,009.68
20 8 TJ PR350 DI PIPE C/L
9.29
185.80
20 6 Ti PR350 DI PIPE C/L
8.03
160.60
14 8" MEGALUG MJ RESTRAINER 1108
48.00
672.00
8 6" MEGALUG MJ RESTRAINER 1106
27.00
216.00
6 4" MEGALUG MJ RESTRAINER 1104
21.00
126.00
2 4FLGFF1/8RRACC
8.06
16.12
6 3 FLG FF 1/8 RR ACC
5.26
31.56
5 6 FLG FF 1/8 RR ACC
11.88
59.40
1 3" #5801 BACK PRESSURE & SOL.
1,352.06
1,352.06
1 6" #9001 PRESSURE RED. VALVE
1,936.70
1,936.70
1 ELECTRICAL MATERIALS/LABOR
2,861.00
2,861.00
1 CONCRETE METER VAULT W/SB-2 BASE
3,400.00
3,400.00
1 ALUMINUM HALLIDAY H2R TOP FOR VAULT W/HATCH
2,050.00
2,050.00
1 S -B2 DRIVEWAY
1,000.00
1,000.00
1 METER STATION INSTALLATION
3,200.00
3,200.00
A
ME
Subtotal 23,102.92
Tax@0.00% 0.00% 0.00
Total 23,102.92
Feb. 23, 1998
McGoodwin, Williams and Yates, Inc.
Richard Cantrell
Project Manager
909 Rolling Hills Drive
Fayetteville, AR 72703
Dear Mr Cantrell,
In regard to the major price change for the metering station I
would like to point out a few things that might not be obvious
without closer examination.
(1) The concrete vault on the new bid is considerably larger than the
original bid and the top has to be formed to fit the new aluninum top
that is now requested. Also the old vault could have been pre -cast
and set in place at a much better cost. The new vault will have to be
poured in place and considerable more work put into forming it.
CMA,s will also need to be put into it when pouring.
(2) The installation of the new valves and fittings will take several
days longer to install than the old one. The old one would have been
preassembled at the factory. The new ones will have to be assembled
inside the vault.
sincerely,
Johnny Selph
JUN -02-98 01:33 PM A TEAM CONSTRUCTION
P.02
A -TEAM CONSTRUCTION CO.
2145 N. CENTER
FYI17TEVILt.E, AR 72701
MiONE 843.2330
o:
City of Fayetteville
A 72701
General Information
Quote
Quote #
Q406
Date
06/01/98
Quantity Description Unit Cost Tax
Amount
Benson Mtn -Change Galvanized Pipe to Brass
12 Ft. Brass 2" Pipe instead of Galvanized
30.00
360.00
Subtotal
360.00
Tax @ 0.00%
0.00
Total
360.00
JUN -02-98 01:35 PM A --AM CONSTRUCTION
P. 07
April 2, 1998
QUOTE
A -Team Construction Co.
2145 N. Center
Fayetteville, AR 72701
To: City of Fayetteville
Fayetteville, AR 72701
1 12"x6" Tapping Sleeve, Tap and 6" valve 1875.00
1 Meter Box, Yoke and PRV for yard lines 300.00 e -'"ti
cc: McGoodwin, Williams & Yates
S& 5oG . , o ; 24D0 • �o
Johnny Selph ®��
JUN -02-98 01:34 PM CONSTRUCTION
A -TEAM CONSTRUCTION CO.
2146. N. CENTER
PAYETTEVILLE, AR 72701
PHONE 843-2330
i o:
City of Fayetteville
A 72701
Terms General Information
P.03
Quote
quote if
Q405
Date
06/01/98
Quantity Description Unit Cost Tax
Amount
Sequoyah Pump Station- Add'l Hillside Fill
5 Loads hillside Fill
100.00
500.00
20 Additional Man Hours
20.00
400.00
2 Hrs Bulldozer/Operator
55.00
110.00
2 Hrs Roller/Operator
50.00
100.00
Subtotal
1,110.00
Tax @ 0.00%
0.00
Total
1,110.00
CHANGE ORDER 4
BORDEAUX VILLAGE DRIVE CROSSING
A -TEAM CONSTRUCTION
ADDITIONAL MATERIALS INSTALLED AND ITEMS OF WORK
PERFORMED:
(1.) Provide 3' fire hydrant extension.................................$495.00
(2.) Provide 18' of 5/8" allthread.......................................$36.00
(3.) Provide 2 cubic yd. Additional concrete reaction backing... .S130.00
(4.) 4 hours additional backhoe work .................................$200.00
$200.00
(5) 35.5 manhours of additional work x $16 (4, hr ...........568.00
TOTAL $1429.00
Note: The project engineers, McGoodwin, Williams, and Yates, prepared this summary of materials
submitted by the contractor.
JUN -02-98 01:35 PM A TEAM CONSTRUCTION
P.07
April 2, 1998
QUOTE
A -Team Construction Co.
2145 N. Center
Fayetteville, AR 727O1
To: City of Fayetteville
Fayetteville, AR 727O1
1 12"x6" Tapping Sleeve, Tap and 6" valve 1875.00
1 Meter Box, 4 P'"%& -Plt lInes 300.00
cc: McGoodwin, Williams & Yates
Johnny Selph
JUN -02-98 01:36 PM A TEAM CONSTRUCTION
P. 09
A -TEAM CONSTRUCTION CO.
2145 N. CENTER
FAYETTEVILLE, AR 72701
PHONE 643-2330
1l To:
City of Fayetteville
Ii A 72701
General Information
Quote
Quqte#I
Q408
Date j
06/02/98
Quantity Lscription nitost ax Amount
Relocate & Move Tie-in Hwy 45
3 Hrs Backhoe/operator 50.00
150.00
9 Man hours labor 20.00
180.00
Subtotal
330.00
Tax ® 0.00%
0.00
Total
330.00
Yo
STAFF REVIEW FORM
_ AGENDA REQUEST, a ores A rov
FROM: Don Bunn Engineering Public Works
Name Division Department
ACTION REQUIRED: Approval of Change Order No.3,9, White River
Water Improvements, Phase 1.
COST TO CITY:
S 1,450.00
Cost -This Request
5400 5600 58613 00
Account Number
96055
Project Number
B GE' RACT REVIEW:
� q
Budget Coordinator
S 1,038,730
Category/Project Budget
S 967,821
Funds Used To Date
70,909
Funds Remaining
W/S Construction
Category/Project Name
Program Name
Water and Sewer
Fund Category
Budgeted Item Budget Adj. Attached
Date
Administrative Services Director Date
Accountin' Ma`f ger Date ADA Coordinator Date
—/7_, rte
Ci y Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Approval of Change Order No. 3.
2/16/98
Cross Reference
j�Date
_
New Item: Yes No
Date
Prev Ord/Res #: 84-97
ate
Orig Contract Date: 9/2/97
Date
CHANGE ORDER
(Instructions on reverse side)
No. 5
Water System Improvements - Hwy. 45 East
PROJECT.and „White River„Connections
DATE OF ISSUANCE ......y July 6 , 19 9 8 .. EFFECTIVE DATE ........July 6 , ..99.
OWNER ...... .......................................................
.... ... .... ...............
OWNER's Contract No..... 2 6 5
CONTRACTOR ,A -Team Construction COENGINEER ., McGoodwin, Williams and Yates,
Inc.
You are directed to make the following changes in the Contract Documents.
Description: Provide payment to Contractor to reimburse him for purchase
of 16 -foot gate.
Reason for Change Order: Replace gate on Haley pt'operty, Sta. 117+10, Line 1,
removed by unknown parties during construction.
Attachments: (List documents supporting change) Receipt for "gate.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price
0 nal Contract Times NO CHANGE
Subst tial Completion:
9 4 4, 3 0 0. 0 0
$
Ready f final payment:
days or dates
Net changes from previous Change Orders No. 1 to No.
Net change from revious Change Orders No. _ to No.
$ 46,346.60
days
Contract Price prior to this Change Order
Contract Times prior to this ange Order
990, 646. 6 0
Substantial Completion:
$Ready
for final payment:
days or dal
Net Increase (4g(cfe,4) of this Change Order
Net Increase (decrease) of this Change Orde
93.82
$
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
9 9 0, 7 4 0. 4 2
Substantial Completion:
$
Ready for final payment:
days or dates
McGoodwin, Williams City of Fayetteville,AR A -Team Construction.uo.
RECOMMENDED: & Yates
/ APPROVE ACCEPTED: P
By: ��'l rJ.✓A By: /� � By:9)rl.. .J
Engt er uthoriud Sig • t 1 Owner IAuthori Si nalurel o act IA horiz i n • are)
icharc antpvre�ti Fred Ha or J. C.eiph, w&ner
Date: O Date: Date: 7/9/9?
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
Tractor Supply Company
2312 West 6th Street
Fayetteville,AR 72703
(501) 582-2444
371 371000053 2 121475
06/29/98 08:45'
3603132 GATE TUBE 1166FT 2 IN 9 87.99
1.00 @
87.99
Subtotal 5.83
6.63% Tax 93.82
Total 93.82
Check 8764
Chk#: 0.00
Change
STAFF REVIEW FORM
X REQUEST, Mayor's Approval
FROM: Don Bunn Engineering Public Works
Name Division Department
ACTION REOUIRED: Approval of Change Order No. 4, White River
Water Improvements, Phase 1.
COST TO CITY:
$21,370.60
Cost -This Request
5400 5600 5808 00
Account Number
96055
Project Number
B GE ONTRACT REVIEW:
udge Coordinator
$ 702,396
Category/Project Budget
$ 603,200
Funds Used To Date
$ 99,196
Funds Remaining
W/S Construction
Category/Project Name
Program Name
Water and Sewer
Fund Category
X Budgeted Item Budget Adj. Attached
G -ts -ye
Date
A ounting P1g r Date
Administrative Services Director Date
ADA Coo in t
Date
-/G - did
Citt Attorney Date _—Internal Auditor Date
____________ (-j98
(_j9_98
Purchasing Officer Date
STAFF RECOMMENDATION: Approval of Change Order No. 4.
6/18/98
DiiItsio He
DateY1
Cross Reference
U1J _
JWIIL
_______
New Item: Yes No
D artmZt Director
Date
/ q
Prev Ord/Res #: 84-97
Admin erv,,ices Dir cto
Date
GLt /`34'2`
Orig Contract Date: 9/2/97
May r
Date
CHANGE ORDER
(Instructions on reverse side)
6
No.
Reconciliation
Water System Improvements - Hwy. 45 East
PROJECT .and..White..R.i3zer.. Connections
DATE OF ISSUANCE •••' ....................EFFECTIVE DATE .......... July ....................
OWNER .....City of Fayetteville, Arkansas
....................................................................................
OWNER's Contract No. F — 2 6 5 .............. .
CONTRACTOR c91zv.co.D ENGINEER N Gao.dwin,.. Williams.. and..Yates ,
Company Inc.
You are directed to make the following changes in the Contract Documents.
Description: Change bid quantities to final quantities.
Reason for Change Order: Project accounts reconciliation.
Attachments: (List documents supporting change) Estimate form with additions
and deductions.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
NO CHANGE
Original Contract Price
O ' 'nal Contract Times
944,300.00
Subs tial Completion:
$Ready
f final payment:
days or dates
Net changes from previous Change Orders No. J.. to No. 5
Net change from revious Change Orders No.. —to No.
$ 46,440.42
days
Contract Price prior to this Change Order
Contract Times prior to th3&iange Order
Substantial Completion:
990, 740. 4 2
$Ready
for final payment:
days or dat
Net Increase ,4I te) of this Change Order
Net Increase (decrease) of this Change Orde
2,465.00
$
days
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
9 93 , 205. 42
Substantial Completion:
$
Ready for final payment:
days or dates
McGoodwin, Williams City of Fayetteville, A -Team Construction Co.
RECOMMENDED: and tes APPROVED: Ar ansas ACCEPTED:
By: G/ By: By:
turn)Owner (Authorir,d Si nature)
J . C Co¢I e r ( thorized Si arum)
Ri a 'neC�Yt!' ft§ Fred Hann i b `ipri Owner
Date: Date:_________________ Date:
I21'
EJC C No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
ATTACHMENT TO CHANGE ORDER NO.6
(Reconciliation) .
WATER SYSTEM IMPROVEMENTS
HIGHWAY 45 EAST and WHITE RIVER CONNECTIONS
PHASE I - INITIAL WHITE RIVER CONNECTIONS
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
PROJECT NO. Fy-265
this
1.12' Diameter Water Una Pipe
22,650
L.F.
22,678
21.00
28
588.00
-
2. 6' Diameter Water Une Pipe
10,000
L.F.
9,001
12.00
999
-
11,988.00
3. Compact Ductile Iron Fittings with Reaction Backing
5,000
Lbs.
5,501
3.00
501
1,503.00
-
4. 12' Butterfly Valves
17
Ea.
19
1,500.00
2
3,000.00
-
5. 6' Gate Valves
13
Ea
20
500.00
7
3,500.00
-
6. Fire Hydrant Assemblies
14
Ea.
13
1.500.00
1
1,500.00
7. Crossings for Paved Street, Driveway or Parking Lots
1,000
L.F.
965
25.00
35
-
875.00
8. Crossings for Unpaved Street, Driveway or Parking Lots
500
L.F
826
15.00
328
4,890.00
-
9. 8' Tapping Sleeve and Valve
2
Ea.
2
1,500.00
-
-
10. Tie-in to Existing 6' Water Une
4
Ea.
6
500.00
2
1,000.00
-
11. Tie-in to Existing 4" Water Une
2
Ea.
2
400.00
-
-
12. Tie-in to Existing 3' or 2' Water Una
7
Ea.
6
300.00
1
-
300.00
13. Plug Existing 2' Water Una
3
Ea.
1
100.00
2
-
200.00
14. Thrust Anchor
2
Ea.
2
600.00
-
15. Water Meter Settings
35
Ea.
44
300.00
9
2,700.00
-
16. Service Connection to Existing Water Meters
15
Ea.
16
250.00
1
250.00
-
17. Abandon Service Une from Existing Water Una
10
Ea.
21
150.00
11
1,650.00
-
18. Water Service Una
800
L.F.
507
6.00
293
-
1,758.00
19. Water Service Yard Une
850
L.F.
82
8.00
768
-
6,144.00
20. Hot-Mbced. Hot -Laid Asphalt Concrete
200
Tons
202
42.00
2
84.00
-
21. Nonreinforced Concrete Encasement
100
L.F.
100
50.00
-
-
22. Highway 45 Bore
1
L.S.
1
9,500.00
-
23. Gulley Road Bore (WC 345)
1
L.S.
1
4,000.00
-
-
23A. Rock Wall Bore
1
L.S.
1
2,500.00
-
-
24. Fox Trail Bore (INC 2022)
1
L.S.
1
7,500.00
-
25. Rivercrest Road Bore (WC 4202)
1
L.S.
1
4,000.00
-
-
26. Bordeaux Village road Bore (within Goshen city limits)
1
L.S.
1
7,500.00
-
-
27. Lake Sequoyah Drive Bore (INC 50)
1
L.S.
1
3,500.00.
-
28. WC 2117 Bore
1
L.S.
1
4,000.00
-
-
29. Lake Sequoyah Drive Bore (WC 50)
1
L.S.
1
6,000.00
-
-
30. Sequoyah Lake Bridge Crossing
1
L.S.
1
25,000.00
-
-
31. Sequoyah Booster Pump Station
1
L.S.
1
73,651.00
-
32. Sequoyah Generator
1
L.S.
1
20,000.00
-
-
33. Benson Generator
I
L.S.
1
18,000.00
-
-
34. Control Valve and Water Meter Station
1
L.S.
1
21,366.80
-
-
35. Crushed Stone Pipe Bedding
100
C.Y.
101
20.00
1
20.00
-
36. Trench or Safety Excavation System
I
L.S.
1
2,000.00
-
-
37. Modify Existing Pump Station
1
L.S.
1
3,500.00
-
-
38. County Road Bore (Typical)
1
L.S.
-
1,500.00
1
-
1,500.00
39. 6' Megalugs
50
Ea.
171
25.00
121
3,025.00
40. 12" Megalugs
60
Ea.
102
80.00
42
3,360.00
-
41. Extend 12" Road Crossing Encasements
27
L.F.
27
75.00
-
-
42. Extend 24" Road Crossing Encasement
5
L.F.
-
100.00
5
500.00
43. Extend 20' Road Crossing Encasements
15
L.F.
19
90.00
4
360.00
-
44. 12" Diameter Water Una Pipe in restricted RAN
995
L.F.
1,125
10.00
130
1,300.00
45. Lump Sum, Septic System Repair
1
L.F.
1
1,450.00
-
-
46. Pressure Relief Valve Box Installations
8
Ea.
8
300.00
-
-
47. Install Copper Pipe at Existing Pump Station
1
1
360.00
-
-
48. Additional Red Clay Fill at Sequoyah Pump Station
1
1
1,110.00
-
-
49. Relocate Tie-in on Una 1, St 73+00
1
1
2,205.00
-
-
50. Additional Work Bordeaux Village Tie-in, Una 1
1
1
1,429.00
-
-
51. Provide Gate, Haley Property
1
1
93.82
SUB -TOTAL CONSTRUCTION
>>
$27,230.00
$24,765.00
Net Lnange iL,4W.uu
OCT-03-1997 17 04 FIRST AR INS - SPRDL 5017501684 P.02.'i2
INSURANCE COVERAGE
Water System Improvements
Highway 45 East and White River Connections
Phase I - Initial White River Connections
Fayetteville, Arkansas
Plans No. Fy-265
in addition to furnishing Insurance Certificates or binders which
list the types, amounts, and expiration dates of the insurance
for the project during the construction period, the Contractor's
insurance agent shall provide the following information in order
to assist the Owner in evaluating compliance with the insurance
requirements. This completed form is to be forwarded to the
Engineer along with the Insurance Certificate(s).
A copy of this form is to be completed and signed by each
insurance agent providing insurance coverage on the project.
Types of Insurance Required by Policy Number which Covers
the General Conditions and the Required Insurance:
amended by the Supplementary
conditions, pages SC -3 through
SC -5, to be in effect during
construction:
SC -5.4.1 & SC -5.4.2:
Workers Compensation
SC -5.4.3, SC -5.4.4 and SC -5.4.5:
Comprehensive General Liability
SC -5.4.6: Comprehensive
Automobile Liability
SC -5.5: Owner's Liability
Insurance
SC -5.6: Property
Insurance
SC -5.7: Other Insurance
(As Needed)
Specify Need: Installation Floater
TC885835396
100,000 Employer Liab/Staturtory WC
ECA 25709693
1,000,000 w/1,000,000 Umbrella
ECA 25709693
1.000.000 w/1.00n,000 Umbrella,
Pending
C)012., np0 nrp Eric;,
N/A
CNA Policy #Pending Limit $944.000
The above information provided by First Arkansas Insurance. Inc.
(Agent's company name)
P.O. Box 6070
(Agent's Address) (City) (State) (Zip Code)
as insurance for
TOTAL P.02
T-07-1997 11:25 FIRST AR INS - SPRDL 5017501684 P. 01/01
AcaRv CERT1FICA OF LIACSIL� i Iri J',' ••r-ATFa�a-1 1� THIS CERTIFICATE IS 1 D AS A MATTER Of INFORMATION
RODUCER ONLY AND CONFERS N GUTS UPON THE CERTIFICATE
?isst ArknaenH Sasurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
?at Girard Ynsurance • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
O . BOX 6070 COMPANIES AFFORDING COVERAGE
3psiugdale AR 72766- COMPANY
S & P EatexpriHea, Inc. A Maryland Caasialty Companies
5 1-756-86x2 FCOMPANY CNA
INSURED
COMPANY
A-TECONSTRUCTION C
JOB 7OCOMPANY
2145 N. CIWTER D
FAYETTEVILLE AR 72701
COVERAGESTO THE INSUREDTHIS IS TO CERTIFY ThAT ThEINDICATED. OTWIT STANDING POLICIES
F INSURANCE
REQUIREMENT, TERM ORDCONDIT N OF BELOW HAVE BEEN Y CONTTRACT OR OTHER DOCUMENT WITH FOR
TO HICH 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 CLANS.
POLICY NUMBER POUCY EFFECTIVE POUCY RATE EX IDDITYINom
LIMITS
coflT TYPE OF INSURANCE DATE (MMIDDIW)
GENEATE E 1, 0 0 0, 0 0 0
GENERAL LU►BILTry 0 0 0, 0 0 0
A X COMMERCIAL GENERAL�IASILITY SCA2 57 0 9 6 9 3 05/22/97 05/22/
5/22/ 98 PROD/OP AGG 1,
{ f
PERSINJURY t $ 500, 000
CLAIMS MADE CXJ OCCUR EACHCE 5 500, 000
OWNER'S & CONTRACTOR'S PROT FIRE one 5e) j S 300,000
MEo an°^l $ 10,000
AUTOMOBILE UA9ILITY COMBNED SINGLE LIMIT I$ J., 0 0 0, 0 0 0
gCA25709693 05/22/97 05/22/98
A X ANY AUTO BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
7 ANY AUTO
OFM
LIABILITY
RELLA FORM URA6 9 0 91313ER THAN UMBRELLA FORM
S COMPENSATION AND
ERS' LIABILITY
A ITHE PROPRIETOR/ INCL TC7 85835396
PARTNERS/EXECUTNE OFFICERS ARE! X EXCL
AIEQUIPMENT COVERAGE I ZCJL2S709693
B Iastallata Floater PENDING
?u--;0t0ah:0ti1u�1Ox
265. Waiver o
lo
CERTIFICATE HOLDER
Hpv 45 East &
ctiOns, Fayette
isms
City of Fayetteville and
DdcGoodmin Williams a Yates Inc
909 Rolling Willa Drive
Fayetteville AR 72702
(Per person)
BOOBY INJURY i
(Per exldent)
PROPERTY DAMAGE $
AUTO ONLY- EA ACCIDENT $
OTHER THAN AUTO ONLY;
EACH ACCIDENT S
AGGREGATE $
EACH OCCURRENCE $1,000,000
05/22/97 05/22/98 AGGREGATE I $1,000,0
EL EACH ACCIDENT
05/22/97 05/22/98 EL DISEASE -POLICY LIMIT s 500,000
EL DISEASE - -A EMPLOYEE $ 100,000
05/22/971 05/22/98
09/29/97 09/29/98
$1000 Ded 944,0000
to River Comieecctsions,Phase I,
OCPpolicy
auredCaass Hp ctto
Yates is a d1 insured as to C
CITY -FA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
iLL.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES•
s S. r 8ati.rprila.d, Inc. ®ACORD CORPORATION 1988
ACORD 25-S (1
TOTAL P.01