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HomeMy WebLinkAbout108-97 RESOLUTIONRESOLUTION NO. 108-97 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH KIM CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $1,093,737, PLUS A 5% CONTINGENCY AMOUNT OF $54,697 FOR MANHOLE REHABILITATION, WHITE RIVER WATERSHED MINISYSTEMS 7A, 14 AND 15. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a construction contract with Kim Construction Company, Inc., in the amount of $1,093,737, plus a 5% contingency amount of $54,697 for manhole rehabilitation, White River Watershed Minisystems 7a, 14 and 15 and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. •' t# I7AND APPROVED this day of November , 1997. k�+ NF APPROVED: By: • Fed Hanna, Mayor ATTEST: By: 7QLJ Traci Paul, City Clerk o`� ACORD„. CERTIFI'CA OF LIABILITY INSUR�VC CSR PF DATE (MM/DD/YY) IM0900 . 10/29/97 PRODUCER, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brockhaus, Stuber, Fox & Lloyd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10933 S. Central Ave. Ste 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oak Lawn IL 60453 COMPANIES AFFORDING COVERAGE Martin Teague Phone No. 708-857-8811 Fax No. 708-857-8822 COMPANY A CNA INSURANCE COMPANY INSURED COMPANY B COMPANY Kim Construction Company, Inc. C 3142 Holeman Steger IL 60475 COMPANY D COVERAGES .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGO $ 1 ,000,000 A COMMERCIAL GENERAL LIABIUTY C 134089540 12/01/96 12/01/97 CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1 , 000,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ 50,000 A XCU Included MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO CI34089554 12/01/96 12/01/97 COMBINED SINGLE LIMIT $ 1 , 000, 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 AGGREGATE $5,000,000 A X UMBRELLA FORM CI34089571 12/01/96 12/01/97 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STAMITS TU- OTH TORY ER I LI EL EACH ACCIDENT $ 500,000 A THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE WC134089568 12/01/96 12/01/97 EL DISEASE - POLICY LIMIT $ 500,000 EL DISEASE - EA EMPLOYEE $500,000 OFFICERS ARE: EXCL OTHER A BUILDERS RISK PENDING 07/09/97 12/01/97 CITY OF $277,469 CLINTON DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JOB: SANITARY SEWER IMPROVEMENTS - WHITE RIVER WATERSHED - BASINS 7A 13A, 13B, 14, 15, 18A AND UNIVERSITY OF ARKANSAS AREA CONTRACT I MANHOLE REHABILITATION. ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY CITY OF FAYETTEVILLE(OWNER) MCLELLAND CONSULTING ENGINEERS, CONTRACT AMOUNT: $1,093,73`/ INC.(ENGINEER) CERTIFICATE HOLDER CANCELLATION ; ... ....... FAYETTE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fayetteville 113 West Mountain BUT FAILURE TO MAIL SUCt MPOSEATION OR LIABILITY Fayetteville AR 72701 OF ANY KIND UPON THE P S NTS SENT IVES. AUTHORIZED REPRESEN Martin Teague ACORD 25-S (1/95) ©AC D CORPORATION 1988 CITY OF FAYETTEVILLE,. ARKANSAS the Owner has. here tofore.4 solicited Bids; fort a the w improveaents for ee.- doing of .- all : things inclu thded within the f ied_ Sanitary, Sewer Manhole Rehabilitation White v0'w TH"'REFORE �f or an In cons �° nrc�ises, covenants,, undertaking and agreements, the parties }V as folio , ne= Ito do hereby agree ��^yy d r s� +T:F₹ T — WORK TO B DOI4E BY CONTRACTOR, sz .,,q .»«, -k€ t -t^'- !o cE.,.. ,s- `,•,'^.-' "�+` +."'.- ,' aC'.�.+.- r '3' �°"r .i �n•C s: .`- -z -^t. €.: �. ,°'A his - own cost and, eXpense, to do` all the �� The Con�rac..or` :agrees, _s ,., .- merit and other `� ,. r.. or1, aria to furnish' all the.. labor, materials,. equip necessaryto do, construct,_ install and. complete all the tk br„ :erty, , ents included- in Sanitary Sewer Manhole`- R�� or tis and improvem for, Mini. Systems 7A, - 13A, erabilztation!k White River Watershed, x iSA All in - full accordance with and in { cc� blianceyQ,vlth and~as- required: by the hereinafterispecified �`Cc race nts and -any addenda: forsaid work, • and to do,k at Docume ��hl� own cost and exp ense,5 all other*-_ things required of the �+ k �c,.,.ractor by .said Contract Documents for said work: a � ; e - t TT C TR�rT DOCLIMENT-w Tr_ Contract Decuments are defined in .the General Conditions s ^ i`a r rn ; c u ';a Agreement _ F 1 g • 1 City of Fayetteville Sewer S stem'" Improvements �.C, � .'. �` �.2'a `'ts8�u--•" qr �'w Yt H�'M'?i ^a�i ^Y -a g `".�,3a _ ae '•1 �.s"� '.�.°"+�+, -� r v„ :`�i` -_� ��^ .. v.. ,,,.:...`�ti.. .__..-, - .. �u � :.'s`�e-`����"3��w,�ca- .tr't�-d.'`E.y`'"`A'x ".,�",.iw a . �.'t-z :'`•*^w{�`��a',R9`_ ��� A y e,r,' a N'aF'�� _��- '� .e'��3�'�_F` _ . -�� r �S:.. - . ARTICLE III —C NTB n CT AMOUATT ₹ �.ve� aiad . accent theattachedcontract nt,_also` Contractoragrees zo• ,��cvmun��� p4-• -- - h1£•.,.c 31 ten...alendar .days of receipt of written No ton complete all work`inCludedin ..tha.s., Contrac, substantial completion no later than ,April k3 , e: to rr �iv1-� O the p 98 Y Th _ the Owners no later than May a Point contractor further - agrees to com lete all wor y 998 final acceptance by 15 , 1 P to thQ. rt = The.. Contractor shall', and agrees to, furnish and deliver wner+ p the Faithful Performance rBond, the Contractor's Labor an �, ,€ ".Material Bond, the Maintenance Bond and the insurance --�, certificates. and policies of insurance required of himby' = provisons of the Contrast Documents, ands to _dog prior - toy 'ta .starting y work, all other . things which; arev required of him by the �'- Contract Documents as a prerequisite ofstarting work. * L. xa .�"�' , r � .,z 1 � ra.. .c...t*-a:v "s '.`s. "`'a. .±ec• - ..r »a„t x - , 6 r 1 ..............•...- ,K� +.t., r« rM Agreement ,, . City of. Fayetteville - ,< Sewer ".System Improvements .} 's +itt...< w r " �4.s^.rtiNz - ���� -I � ♦ �-�'3,Lt w 'Y'.y, r � ^ per. +.a 5#a' v •-� `� .rs- PRT�CLE `7Z - PAYMENTSTO CONTRACTOR "' •+ s .a " - ...y ae-^a... ` "c• said Contractor to - employ,_ anddoeshereby��� a A rni Aase:.tvne�F = n r .. (Ple. 4.�� F � CITY OF FAYETTEVILLE R •+# t �. c- •//l^^li 'f- � /r-7- y'- ,++ ___.. _ °+3ar''r ,`-.r[R"°i..; g `rte � ��`° ���� a< (Please* YPe �,�� � kr'" { (Please types,. - "�> •.,a„E '"�x s -ti,� .,s_'°' ' t�ar ,,. ,.- 3"°Y -� 4 •,..+ 1�. §-a .�" .,z .6Y t t"" 1 e 's•'`'`:. y' ":£ .S'... �s �"s� ''� �-.'ui+—f �.»�� 4 .ert:. � ..� ,...x'z � ``f���"a^s�� rx �•,e ss.' .ter-.. a -:'_ " >/\\: t; e. _, •.�a'`"�1`., Title• r [4''`' •,fi. r Y .4,r s- 'llMt -.e A� ,.-1:xs `t` $ a � k...F �- '� may" * ; cn • 7_ x � h '` s �'• r � •v :fir a - - hFq �' ".� � . .� `. J .. 3 $." Agreement ��_a City of Fayetteville ` Sewer System Improvements �ia.. �.-.k .e„„a, y `rd^^ y�.y�y.{.��j„�"�„f a w�« -erg, 'F•'laf�`�`-: i . x�i LTiwi E$ m o, A � s w .. �•. s ._. _.._ 3+; .H; �; _ .:_ ,. '� tta. §� �:7� dd. `�'"ss3•.� _ , �-•f 1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease 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 (30) days) after the occurrence of the 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 (60) 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 claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by Engineer in accordance with paragraph J.9.a if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph L.2. 3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: a. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph L.7) . b. By a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph L.5.a.(2)(a)). c. On the basis of the Cost of the Work (determined as provided in paragraphs L.4.a and L.5.b) plus a Contractor's Fee for overhead and profit (determined as provided in paragraphs L.5.a and L.5.b). General Conditions 52 City of Fayetteville Sanitary Sewer Improvements Paragraph L continued 4. Cost -of -Work a. The term cost -of -Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph L.4.b: (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. 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, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by Owner. (2) Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All case discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, inwhich case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner and Contractor shall make provisions so that they may be obtained. 53 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph L.4.a continued (3) Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Engineer, which bids may be accepted. If a Subcontract provided 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 shall be determined in the same manner as Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. (4) Costs of special consultants (including, but not limited to, engineer, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. (5) Supplemental costs including the following: (a) The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. (b) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remain the property of contractor. (c) Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements reviewed by Owner with the advice of Engineer, and the cost of transportation, loading, unloading, installation, dismantling and removal thereof - all ineaaccordance wie th ntal machinerh terms of said rental agcor s. of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. General Conditions 54 City of Fayetteville Sanitary Sewer Improvements paragraph L.4.a.(5) continued (d) Sales, consumer, use or similar taxes related to the work, and for which Contractor is liable, imposed by Laws and Regulations. (e) Deposits lost for causes other than negligence 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. (f) Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by contractor in connection with the execution of the work, provided they have resulted from causes other than the negligence of Contractor, 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 settlements made with the written consent and review 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 Contractor is placed in charge thereof, Contractor shall be paid for services a proportionate fee to that stated in paragraph L.5.a.(2). (g) The cost of utilities, fuel and sanitary facilities at the site. (h) Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. (i) Cost of premiums for additional Bonds and insurance required because of changes in the Work. b. The term Cost -of -Work shall not include any of the following: 55 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph L.4.a. continued (1) Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, 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 L.4.a.(1) or specifically covered by paragraph L.4.a.(4) - all of which are to be considered administrative costs covered by the Contractor's Fee. (2) Expenses of Contractor's principal and branch offices other than Contractor's office at the site. (3) Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. (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 paragraph L.4.a.(5)(i)). (5) Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly 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. (6) Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph L.4.a. General Conditions 56 City of Fayetteville Sanitary Sewer Improvements Paragraph L continued 5. Contractor's Fee a. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows: (1) A mutually agreed fixed fee; or if none can be agreed upon, (2) A fee based on the following percentages of the various portions of the Cost of the Work: (a) The Contractor's Fee shall be fifteen (15) percent for payroll costs and the cost of materials and equipment as defined in paragraphs L.4.a.(1) and L.4.a.(2); (b) The Contractor's Fee shall be five (5) percent on the work performed by Subcontractors as defined in paragraph L.4.a.(3); and if a Subcontract is on the basis of Cost -of -Work plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be fifteen (15) percent; (c) No fee shall be payable on costs defined in paragraphs L.4.a.(4), L.4.a.(5), and L.5 (costs associated with supplemental costs or special consultants); (d) The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost, will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amount equal to ten (10) percent of the net decrease; and (e) 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 L.5.a.(2)(a) through L.5.a.(2)(d), inclusive. b. Whenever the cost of any Work is to be determined pursuant to paragraph L.4, Contractor will submit an itemized cost breakdown together with supporting data. 57 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph L continued 6. Cash Allowances: a. 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 done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be reviewed by the Engineer. Contractor agrees that: (1) The allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered to the site, and all applicable taxes; and (2) Contractor's costs for unloading and handling 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. No demand for additional payment on account of any thereof will be valid. b. Prior to final payment, an appropriate Change Order will be issuedas recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 7. Unit Price Work: a. 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 t.o the sum of the established unit prices 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 classifications of Unit Price Work performed by Contractor will be made by Engineer in accordance with Paragraph J.8. b. 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 separately identified item. General Conditions 58 City of Fayetteville Sanitary Sewer Improvements Paragraph L.7 continued c. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: (1) If the total cost of a particular item of Unit Price Work amounts to 115 percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 15 percent from the estimated quantity of such item indicated in the Agreement; and (2) If there is no corresponding adjustment with respect to any other item of Work; and (3) If Contractor believes that it has incurred additional expense as a result thereof; or (4) If Owner believes that the quantity variation entitles it to an adjustment in the unit price, either Owner or Contractor may make a claim for a adjustment in the Contract Price in accordance with Paragraph L if the parties are unable to agree as to effect of any such variations in the quantity of Unit Price Work performed. 3. Limits of Authority: a. The contractor shall note and abide by the following Owner's and Engineer's limits of authority for changes in the Work which require a change in the Contract Price and Contract Time. Except in the case of extreme emergency to protect the public safety, public welfare or substantial Work, the Ifollowing limits of authority to the Owner and Engineer shall apply: Engineer's Representative'- No authority Water/Sewer Maintenance Superintendent - $5,000.00 Public Works Director - $10,000.00 Mayor - $20,000.00 or any City Council pre -approved contincency. All accumulative changes which result in Contract Price changes in excess of $20,000.00 or any City Council pre -approved contingency shall require the formal approval of the Fayetteville City Council. 59 General Conditions City of Fayetteville Sanitary Sewer Improvements 1. General a. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time 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 (30) 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 (60) 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 Time shall be determined by Engineer in accordance with paragraph J.8 if Owner and Contractor cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph M.1.a. b. The Contract Time may be extended in an amount equal to time lost due to delays (unavoidable delays) beyond the control of Contractor if a claim is made as provided in paragraph M.l.a. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing additional work as contemplated by paragraph H, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. c. All time limits stated in the Contract Documents are of the essence of the Agreement. Provisions of this paragraph M.1 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. General Conditions 60 City of Fayetteville Sanitary Sewer Improvements Paragraph M continued 2. Delays a. Avoidable Delays (1) Avoidable delays in the prosecution or completion of the Work shall include all delays which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the Contractor. (2) Delays in the prosecution of parts of the Work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified; reasonable loss of time resulting from the necessity of submitting drawings to the Engineer for approval and from the making of surveys, measurements, and observations; and such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other Contractors employed by the Owner, which do not necessarily prevent the completion of the whole work within the time herein specified, will be deemed avoidable delays within the meaning of this Contract. Unavoidable Delays Unavoidable delays in the prosecution or completion of the Work under this Contract shall include all delays which may result through causes beyond the control of the Contractor and which he could not have prcvided against by the exercise of care, prudence, foresight, or diligence. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing additional work as contemplated by paragraph H or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. Orders issued by the Owner changing the amount of Work to be done, the quantity of material to be furnished, or the manner in which the Work is to be prcsecuted; failure of the Owner to provide rights- of- way; and unforeseen delays in the completion of the Work of other contractors under contract with the Owner will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the Work. Delays due to 61 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph M.2.b continued adverse weather conditions will not be regarded as unavoidable delays as the Contractor should ected understand that such conditions are to be exp and plan his Work accordingly. 3. Extension of Time .a. For Unavoidable Delays For delays which are unavoidable as provided in paragraph M.2.b, as determined by the owner, the Contractor will be allowed, if he applies for the same, an extension of time beyond the time specified for completion, proportionate to such unavoidable delay or delays, within which to complete the Contract. The Contractor will not be charged, because of any extension of time for such unavoidable delay, any liquidated damage and/or actual damages as provided in paragraph R. b. For Avoidable Delay (l) Extensions of time will not be granted because of avoidable delays. (2) Contractor will be charged liquidated damages or actual damages as provided in paragraph R for avoidable delays. 62 General Conditions City of Fayetteville Sanitary Sewer Improvements N. Warranty and Guarantee; Tests and. Observations; Correction. Removal, or Acceptance of Defective Work 1. Warranty and Guarantee Contractor warranties and guarantees to Owner and Engineer that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or agreed to as provided in this paragraph N. 2. Access to Work Engineer and Engineer's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the work at reasonable times for observation and testing. Contractor shall provide proper and safe conditions for such access. 3. Tests and Observations a. Contractor shall give Engineer timely notice of readiness of the Work for all required observations, tests, or reviews. b. If Laws or Regulations of any public body having jurisdiction requires any Work (or part thereof) to specifically be observed or tested. Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer with the required certificates of inspection, testing, or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's agreed to Supplier of materials or equipment proposed to be incorporated in the work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all observations, tests, and approvals in addition to the above which are required by the Contract Documents shall be paid by Owner (unless otherwise specified). c. All observations, tests, or reviews other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations agreed to by Owner and Contractor (or by Engineer if so specified). 63 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph N.3 continued d. If any Work (including the work of others) that is to be observed or tested is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such work and Engineer has not acted with reasonable promptness in response to such notice. e. Neither observations by Engineer nor observations, tests, or reviews by others shall relieve Contractor from his obligations to perform the work in accordance with the Contract Documents. 4. Uncovering work a. 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. b. If Engineer considers it necessary or advisable that covered work be observed by Engineer or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation 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 bear all the expenses of such uncovering, exposure, observation, testing and reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriated 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 paragraph L. 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 Time, or both, directly attributable to such uncovering, exposure, observation, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided in paragraphs L and M. General Conditions 64 City of Fayetteville Sanitary Sewer Improvements Paragraph N continued 5. Owner May Stop the Work If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment,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 part of the Owner to exercise this right for the benefit of Contractor or any other party. 6.- Correction or Removal of Defective Work a. 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 suitable Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby. b. If the Contractor fails to remove defective work within ten days after receipt of written notice, the rejected material or work may be removed by the Owner and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this Contract. No such rejected material shall again be offered for use by the Contractor under this Contract. 7. One Year Correction Period If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the 65 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph 11.7 continued 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 direct and indirect costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial 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. 8. Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be reviewed by Engineer as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). 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 paragraph L. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 9. Owner May Correct Defective Work If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct defective work or to remove and replace rejected work as required by Engineer or if Contractor fails to perform the work in accordance with the Contract Documents or if Contractor fails to comply with anyother seven days' the Contract Documents, Owner may, after written notice to Contractor, correct and remedy any such deficiency. In exercising his right under this paragraph Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from General Conditions 66 City of Fayetteville Sanitary Sewer Improvements Paragraph N.9 continued 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, construction 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 such access to the site as may be necessary to enable Owner to exercise his rights under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies will be charged against contractor in an amount reviewed by Engineer, 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 paragraph L. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement 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 Time because of any delay in performance of the work attributable to the exercise by Owner of Owner's rights hereunder. 67 General Conditions City of Fayetteville Sanitary Sewer Improvements 1. Schedules The schedule of values established as provided in paragraph C.7 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment. Progress payments on account of Unit Price Work will be based on the number of units completed. 2. Application for Progress Payments a. The contractor shall, on the 25th day of each calendar month, together with a representative of the Engineer, make an estimate of the value of the work performed as of the 15th day of the month in accordance with this Contract since the last preceding estimate was made. The Contractor shall then prepare and submit the estimate to the Engineer on the periodical estimate for partial payment forms, copies of which are bound with these Contract Documents. The number of copies to be submitted will be determined by the Engineer after construction has started. b. Upon presentation of certified copies of purchase bills and freight bills, the Owner will permit inclusion in such monthly estimates payment for materials that will eventually be incorporated in the project, providing that such material is suitably stored on the site at the time of submission of the estimate for payment. At the time the next following monthly estimate is submitted, certified copies of receipted purchase and freight bills for the stored materials included in the monthly payment estimate submitted two months previously shall be submitted. If the Contractor fails to submit proof of payment with the monthly payment estimate, those items of stored materials for which no proof of payment has been submitted will be deleted from the current payment estimate. Such materials when so paid for by the Owner will become the property of the Owner and, in case of default on the part of the Contractor, the Owner may use or cause to be used by others gthese er materials in construction of the project. However, the Contractor shall be responsible for safe guarding such materials against loss or damage of any nature whatsoever, and in case of any loss or damage the Contractor shall replace such lost or damaged materials at no cost to the owner. General Conditions 68 City of Fayetteville Sanitary Sewer Improvements Paragraph O.2.b continued (1) Except as provided in paragraph O.2.b, the first application for payment shall be of the value of the work done and of materials proposed and suitable for permanent incorporation in the work, delivered, and suitably and safely stored. at the site of the work since the Contractor shall have begun the performance of this Contract; and every subsequent estimate, except the final estimate, shall be of value of the work done and materials delivered and suitably stored at the site of the work since the last preceding estimate was made. c. No application for partial payment shall be made when, in the judgement of the Engineer, the total value of the Work done and materials incorporated into the Work under this Contract since the last preceding estimate amount is less than $10,000. d. Applications for payment shall be signed by the Engineer and approved by the Owner, and after such approval, the Owner, subject to the foregoing provisions, will pay or cause to bepaid an amount equal to the estimated value of the work performed less a retained amount in accordance with the following schedule: (1) Ten (10) percent until construction is 50 percent complete. (2) Five (5) percent after construction is 50 percent complete, provided that the Contractor is making adequate progress and there is no specific cause for greater withholding. (3) When the project is substantially complete (operational or beneficial use as determined by the Engineer) the retained amount will be reduced to two (2) percent of the value of work which is substantially complete, or two hundred (200) percent of the value of each item as determined by the Engineer to complete said item or items of work, whichever is greater. e. Contractor shall furnish with each application for payment a Contractor's sworn affidavit listing all parties to receive payments on that request. I I 69 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O.2 continued f. If required by the regulatory agencies, the Contractor and his subcontractor shall prepare weekly sworn affidavits with respect to the payment of wages in accordance with the provisions as set forth in the "Anti -Kickback" Act, and submit affidavits with the progress payment requests. 3. Unit Price Items a. Unit price items listed in the Bid form and in the Agreement form may be of two types, "unit price construction items", and "unit price work items ordered by the Engineer during construction". For all unit price items quantities as set forth are the best estimates which can be made during design, since actual quantities cannot be determined until construction is underway. b. The Contractor shall study carefully the Specifications to determine the extent and scope of the work included under lump sum items in the Contract. It may be that work under some unit price items is in addition to similar work to be performed under lump sum items and paid for thereunder. c. Unit Price Construction Items Unit price construction items will be used to pay for work not included under a lump sum item but required by the contract. d. Unit Price Work Items Order by the Engineer During Construction These unit price items will be used to pay for designated work, not shown on the Contract Drawings, when ordered by the Engineer in writing during construction. 4. Reporting and Invoicing Cost -of -Work All cost -of -work items shall be reported daily and signed by the contractor and the Engineer, which daily reports shall thereafter be considered the true record of cost- of- work done. Completely detailed invoices covering the cost -of -work shall be submitted for payment not later than 15 days after the completion of the work. a he charges for work performed by the contractor, by Subcontractor, and by an employee of a Subcontractor shall be reported separately. Substantiating invoices from suppliers, vendors and Subcontractors shall be included with the Contractor's invoices. The Contractor General Conditions 70 City of Fayetteville Sanitary Sewer Improvements Paragraph 0.4 continued shall permit examination of accounts, bills, and vouchers relating to the cost -of -work when requested by the Engineer. 5. M Partial Waiver of Liens Partial waiver of liens shall accompany each payment request to cover the full amount of the previous payment request. The Contractor shall procure from each and every Subcontractor and suppliers of material or labor a partial waiver of lien to release the Owner of any claim to a mechanics lien, which they or any of them may have under the mechanics lien laws of the State in which the project is located. Any payments made by the Owner without requiring strict compliance to the terms of this paragraph shall not be construed as a waiver by the Owner of the right to insist upon strict compliance with the terms of this approach as a condition of later payments. Contractor's Warranty of Title 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. 7. Review of Progress Payment Requests a. Engineer will, within fifteen (15) days after receipt of each payment request, either indicate in writing a recommendation of payment and present the request to Owner, or return the payment request to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the request. Thirty (30) days after presentation of the Application for Payment with Engineer's recommendation, the amount recommended will (subject to the provisions of paragraph O.7.f) become due and when due will be paid by Owner to Contractor. b. If the Owner fails to make payment thirty (30) days after review by the Engineer, in addition to other remedies available to the Contractor, there may be added to each such payment interest at an annual rate of twelve (12) percent commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. 71 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O.7 continued c. Engineer's recommendation of any payment requested in — a payment request will constitute a representation by Engineer to Owner, based on Engineer's on -site observations of the work in progress as an experienced and qualified design professional and on Engineer's review of the payment request and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of the Engineer's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation 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 J.8 and to any other qualifications stated in the recommendation); and that Contractor is entitled to payment of the amount recommended. However, by recommending any such payment, Engineer will not thereby be deemed to have represented that exhaustive or continuous on -site observations have been made to check the quality or the quantity of the work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose Contractor has used the moneys paid or to be paid to Contractor on account of the Contract Price, or that title to any work, materials or equipment has passed to Owner free and clear of any Liens. d. Engineer's recommendation of final payment will constitute an additional representation by Engineer to Owner that the conditions precedent to Contractor's being entitled to final payment as set forth in paragraph O.8.a have been fulfilled. e. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make such representations to Owner. Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent observations or tests, nullify any such payment previously recommended; to such extent as may be necessary to Engineer's opinion to protect Owner from loss because: (1) The Work is defective, or completed work has been damaged requiring correction or replacement. General Conditions 72 City of Fayetteville Sanitary Sewer Improvements Paragraph 0.7.e continued (2) The Contract Price has been reduced by Written Amendment or Change Order. (3) Owner has been required to correct defective Work or complete the Work in accordance with paragraph N.6.b. (4) Engineer's actual knowledge of the occurrence of any of the events enumerated in paragraphs P.2.a.(1) through P.2.a.(9) inclusive. f. Owner may refuse to make payment of the full amount recommended by Engineer because claims have been made against Owner on account of Contractor's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling Owner to a set-off against the amount recommended, but Owner must give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action. 8. Substantial Completion a. When Contractor considers the entire work ready for its intended use and all final restoration and testing is complete, Contractor shall notify Owner and Engineer in writing the entire Work is Substantially Complete and request that Engineer issue a Statement of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an observation of the Work to determine the status of completion. If Engineer does not consider the work Substantially Complete, Engineer will notify Contractor in writing, giving his reasons therefore. If Engineer considers the work substantially complete, Engineer will prepare and deliver to Owner a tentative Statement of Substantial Completion 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. This list shall be called a punch list. Owner shall have fourteen (14) days after receipt of the tentative certificate during which he may 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 his reasons therefore. If, after consideration of Owner's objections, Engineer 73 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O.8.a continued considers the Work Substantially Complete, Engineer will within said fourteen (14) days execute and deliver to Owner and Contractor a definitive Statement of Substantial 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 Statement of Substantial Completion Engineer will deliver to Owner and contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities and insurance and warranties. Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to Engineer's issuing the definitive Statement of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. b. Owner shall have the right to exclude Contractor from the work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the punch list. 9. Partial Utilization a. Use by owner of any finished part of the Work, which has specifically been identified in the Contract Documents, or which Owner, Engineer and contractor agree constitutes a separately functioning and useable part of the Work that can be used by owner without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior Substantial Completion of all the Work subject to the following: (1) owner at any time may request Contractor in writing to permit Owner to use any part of the work which Owner believes to be ready for its intended use and substantially complete. If contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a Statement 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 General Conditions 74 City of Fayetteville Sanitary Sewer Improvements paragraph 0.9.a continued Statement of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and contractor shall observe 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, Engineer will notify Owner and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of paragraph 0.8 will apply with respect to Statement of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. (2) Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to Engineer and within a reasonable time thereafter Owner, Contractor, and Engineer shall observe that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If Contractor does not object in writing to Owner and Engineer that such part of the Work is not ready for separate operation by Owner,. Engineer will finalize the list of items to completed or corrected and will deliver such list to Owner and Contractor together with a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon Owner and Contractor at the time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of such part of the Work, Owner shall allow Contractor reasonable access to complete or correct items on said list and to complete other related Work. (3) No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph F.7 in respect of property insurance. 75 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O continued 10. Final Observation Upon written notice from Contractor that Work or an I agreed portion thereof is complete, Engineer will make a final observation with Owner and Contractor and will notify Contractor in writing of all particulars in which this observation reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. - 11. Final Application For Payment After Contractor has completed all such corrections and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents as provided in paragraph G.11 and other documents - all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable, subject to the provisions of paragraph O.16 Contractor may make application for final payment request following the procedure for progress payment requests. The final payment requests shall be accompanied by all documentation called for in the Contract Documents, together with 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 thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, and/or Supplier fails to furnish a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 12. Final Payment and Acceptance a. If, on the basis of Engineer's observation of the Work during construction and final observation, and Engineer's review of the final payment request and accompanying documentation - all as required by the Contract Documents, Engineer has been shown that the work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten (10) days after receipt of final payment request, indicate in General Conditions 76 City of Fayetteville Sanitary Sewer Improvements Paragraph O.12 continued writing Engineer's recommendation of payment and present the request to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of paragraph O.14. Otherwise, Engineer will return the payment request to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the payment request. Thirty (30) days after presentation to Owner of the Application and accompanying documentation, in appropriate form and substance, and with Engineer's recommendation and notice of acceptability, the amount recommended by Engineer will become due and will be paid by Owner to Contractor. b. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's final payment request and recommendation of Engineer, and without terminating the Agreement, make payment 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 F.1, the written consent 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 request 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. 13. Contractor's Continuing Obligation Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a certificate of substantial completion, nor any payment of Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by owner, nor any act of acceptance by owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to paragraph O.12, nor any correction of defective work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to 77 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O.13 continued perform the Work in accordance with the Contract Documents (except as provided in paragraph O.14). 14. Waiver of Claims The making and acceptance of final payment shall constitute: a. A waiver of all claims by Owner against contractor, except claims arising from unsettled Liens, from defective Work appearing after final observation pursuant to paragraph O.10 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by Owner of any rights in respect of Contractor's continuing obligations under the Contract Documents. b. A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. General Conditions 78 City of Fayetteville Sanitary Sewer Improvements CHANGE ORDER SHEET 1 OF 3 CHANGE ORDER NO. 1 OWNER: City.. of Fayetteyi i le, AR PROJECT NAME: SanitarySewer improvements White Riygr,_Watershed __ Mini 5y ems 7A, 3 A . 7 3 B, 14 , 15 , SanitarySewer Manhole Rehabilitation LOCATION: Fayetteville, Ar$.anuaa PROJECT NO. 18-l35--00 CONTRACTOR: {im Construction Qg . DATE:I pr l 13 , 998 The following changes are hereby made to the Contract Documents: A. Delete the following: 1A13 2 EA 60" Diameter Standard Sanitary Manhole. 0'-6' Deep, Per Section D2-5 at $5,500.00 EACH Minus $11,000.00 1A14 7 VF 60" Diameter Standard Sanitary Manhole, Additional Depth, Per Section D2-5 at $500.00 per VERTICAL FOOT Minus $ 3,500.00 Total Deduction $14,500.00 B. Add the following: 1A26 2 EA 72" Diameter Standard Sanitary Manhole, 0'-6' Deep, Per Section D2-5 at $7,300.00 EACH Plus $14,600.00 1A27 16 VF 72" Diameter Standard Sanitary Manhole, Additional Depth, Per Section D2-5 at $600 per VERTICAL FOOT Plus S9,§00.00 Total Addition $24,200.00 ADJUSTED CONTRACT PRICE - PLUS $9,700.00 It is necessary to upsize manholes (15)027 and (15)029, Job Nos. 120 and 122 from the proposed 60" diameter manholes due to the angle and size of the pipes entering the manholes to have a structurally sound manhole. Change Order City of Fayetteville 1 Sanitary Sewer Improvements TO d :'u :;n:G,T = 6T-'T-:�,H SHEET 2 OF _3 CHAL -- ORDER NO. 1 1. Any additional work to be performed under this Change Order shall be carried out in compliance with the Specifications included in the preceding Description of changes involved, with the Supplemental Contract Drawings designated as n/a., and under the provisions of the original contract, including compliance with applicable Equipment Specifications, General specifications, and Project Specifications for the same type of work. 2. This Change Order unless otherwise provided herein does not relieve the Contractor from strict compliance with the guarantee provisions of the Original Contract, particularly with those pertaining to performance and operation of equipment. 3. Contractor agrees there will be no additional extensions of contract time and no additional increase in contract Price granted for this Change order or any previous Change Orders. 4. The Contractor expressly agrees that he will place under coverage of his Performance, Labor and Material, and Maintenance Bonds, and Contractor's Insurance all Work covered by this Change Order. The Contractor will furnish to the Owner evidence of increased coverage of his Performance,' Labor and Material, and Maintenance Bonds for the accrued value of all Change Orders which exceeds the original Contract Price by twenty percent (20%). III. AD3TJSTMENTS IN CO TRACT_ TIME_.. 1. Final Completion Date of Original Contract . . . . . . . . . . . . . May 15., 1998 2. Net change due to all previous Change Order . . . . . . . . . . . . . . . . .0 Days 3. Final Completion Date not including this Change Order No. 1 . . . . . . . . . . . May 15, 1998 4. Addition to Contract Time due this Change Order No. a. Avoidable Delay Extension . . . . . . . . . . . . .0 Days b. Unavoidable Delay Extension . . . . . . . . . . . 5 Days 5. Final Completion Date including this Change Order No. 1 . . . . . . . . . . . May 20', 1998 change Order City of Fayetteville Sanitary Sewer Improvements 2 =n d _ ••u �I U_i HL 0:01=;r,rT-bT-,tjdU SHED ___OF 3 CHANGE ORDER NO. IV. pJUAmjJ ENTS TN HOUN T' C>F CQNTRACT � 1. Amount of Original contract $ $�-0Q 2. Net (AdditiOfl)R orrt due to all previous Change Orders Nos. to $ 3. Amount of Contract not including this Change order $� 4. (Addition) -t-Reduct+oflt to Contract due to this Change $ 9 7Q0QQ Order 5. Amount of Contract including 874 QQ nr� this Change Order $ RECOMMENDED FOR ACCEPTANCE: ` () (For RJN Group, Inc.) Date ACCEPTED: CONTRACTOR: By �^ OWNER: By:_____ Signs k i of ized Re esentative D to zed Representative Date Change Order City of Fayetteville 3 Sanitary Sewer Improvements 50'd 111 `':JI OC I lfd - t:GlT ;r,r,T-bT- d STAFF REVIEW FORM AGENDA REQUEST XXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A- Mayor Approval. FROM: David Jurgens Water & Sewer Public Works Name Division Department ACTION REQUIRED: The Mayor sign Change Order# 2 to the construction contract with Kim Construction, Inc., for Sanitary Sewer Rehabilitation, White River minisystems, in the amount of $5,220 added to the contract. COST TO CITY: $ 5,220.00 $1,148,434.00 Sewer Rehabilitation Cost of this request Category/Proiect Budget Category/Project Name 4470-9470-5815.00 $1,103,437.00 Sewer Mains Const. Account Number Funds used to date Program Name 96012-8320 $ 44,997.00 Water and Sewer Project Number Remaining Balance (Contingency) Fund X Budgeted Item Budget Adjustment Attached dget C rdinator Administrative Services Director CONTRACT GRANT LEASE REVIEW: GRANTING AGENCY: Accou rig M i Date Coordinator Date City Attorney J Date t real Auditor W 7j1�� Date cha 'ng O ficer Date COMMENDATION: Staff recommends approving the change order. Di iBi d 1 Date Cross Reference: mp Departure Director Date New I t em: NO Adminis ative Services D r ctor Date Prey Ord/Res # : 108-97 4th _______ Mayor Date Orig Contract Date:11/04/97 ___ BNGR\MS15-407.CO (p ZcD :IIA:\1r�E ORDER SHEET 1 OF _ CHANGE ORDER NO. 2 OWNER: G I try_1"�-- PROJECT NAME: J1Lry Sir Improvnt Miu Y lfl 7A 13, 3 , 14 . 15 , and__18A S r_ eWPr Man ole Rehahi1itatian LOCATION: Y� t11e. Arl;ansas PROJECT NO. 18.-13-00 CONTRACTOR: i�itu CansL'L1lQT1_�'oi! DATE: May _21._1998_— I. 1998 _— I . I;2E�SH3SE' T14.L_? �G1311�G_0-T_Qi The following changes are hereby made to the Contract Documents: Add Manholes (15)121P, (15)160p, & (15)163P to the Manhole Rehabilitation list. These manholes were not found during the original survey, but were located and inspected by the resident engineer during construction. The following increases in quantities will be made: 1A1 3 EA Replace Manhole Frame and Cover Per Section D2-2 (material only) at $200.00 EACH PLUS $600.00 1A2 3 EA Paved Frame and Grade Adjustment Sealing Per Section O2-4 at $620.00 EACH PLUS $1,860.00 1A8 3 EA interior Manhole Coating Per Section U2-8, D2-S.A, or D2 -8B at $660.00 EACH PLUS $1,980.00 1A10 3 EA Pressure Grout Pipe seals, Bench and Trough, and Lower 18" of Manhole Per Section D2-7 at $220.00 EACH PLUS $660.00 1A22 3 EA Furnish and Install Watertight Inserts Per Section D2-2 at $40.00 EACH PLUS $120.00 TOTAL INCREASE TO CONTRACT THIS CHANGE ORDER $5,220.00 Change Order City of Fayetteville 1 Sanitary Sewer Improvements S., -.'T. 2 OF 3 CHANGE ORDER NO._._2 _. ._2 1. Any additional work to be performed under this Change Order shall be carried out in compliance with the Specifications included in the preceding Description of Changes involved, with the supplemental contract Drawings designated as n/, and under the provisions of the Original Contract, including compliance with applicable Equipment Specifications, General Specifications, and Project Specifications for the same type of work. 2. This Change order unless otherwise provided herein does not relieve the Contractor from strict compliance with the guarantee provisions of the Original Contract, particularly with those pertaining to performance and operation of equipment. 3. Contractor agrees there will be no additional extensions of contract time and no additional increase in Contract Price granted for this Change Order or any previous Change Orders. 4. The contractor expressly agrees that he will place under coverage of his Performance, Labor and Material, and Maintenance Bonds, and contractor's Insurance all work covered by this Change Order. The Contractor will furnish to the Owner evidence of increased coverage of his Performance, Labor and Material, and Maintenance Bonds for the accrued value of all Change Orders which exceeds the original Contract Price by twenty percent (20%). 1. Final Completion Date of Original Contract . . . . . . . . . . . . . May 15, 1998 2. Net change due to all 5 days previous Change order . . . . . . . . . . . . . . . 3. Final Completion Date not including May 20, 1998 this change order No. 2 . . . . . . . . . . 4. Addition to Contract Time due this Change Order No. . 2_ a. Avoidable Delay Extension . . . 0 Days b. Unavoidable Delay Extension . . . . . . . . . • • 5 Days 5. Final Completion Date including this Change Order No. __2. . . . . . . . . . . . May 25, 1998 Change order City of Fayetteville Sanitary Sewer Improvements 2 • 0 d i'ioi SHEET_ _3 OF__3___ CHANGE ORDER NO.___________ 1. Amount of Original Contract 2. Net (Addition)due to all previous Change Orders Nos. 1 to $ 3. Amount of Contract not including this change Order 4. (Addition) -(-Redll�n)to Contract due to this Change Order 5. Amount of Contract including this Change Order $ RECOMMENDED FOR ACCEPTANCE: ijte j1/ P/ ( j) (For RJN Group, Inc.) /l�%.c.c Date ACCEPTED: CONTRACTOR: ` � /T By: S1 at e of Auth i d R esentative Date OWNER: By. g ure of Au zed Represen ve Date Change order City of Fayetteville 3 Sanitary Sewer Improvements Yo STAFF REVIEW FORM AGENDA REQUEST XXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A- Mayor Approval. FROM: David Jurgens Water & Sewer Public Works Name Division Department ACTION REQUIRED: The Mayor sign Change OrderOrder# 1 to the construction contract with Kim Construction, Inc., for Sanitary Sewer Rehabilitation, White River minisystems, in the amount of $9,700 added to the contract. The contingency, before this change order, is $54,687.00. COST TO CITY: S 9,700.00 54,083,402.00 Sewer Rehabilitation Cost of this request Category/Project Budget Category/Project Name 4470-9470-5815.00 51.492,083.00 Sewer Mains Const. Account Number Funds used to date Program Name 96012-8320 S2.5gt,319.00 Water and Sewer Project Number Remaining Balance Fund REVIEW: X Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Mager ( )Date Coordinator Date a ���i _ (y",/ Cid Attorney Date n rnal Auditor Date 4 -all O Pu ha 1 g Officer Date RECOMMENDATION: Staff recommends approving the change order. le one Date Cross Reference: Departure Director oat New Item: YES 61 Administ five Se es hector Date Prev Ord/Res #: 108-97 Z / Mayor Date Orig Contract Date:11/04/97 BNGR\MS15-407.CO