R2017-107 Contract with Kinney Contractors CDBG Sidewalk Improvement Project

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GENERAL CONDITIONS GC-14 LOCATION OF UTILITIES Prior to commencing construction, the Contractor shall contact JULIE (1-800-892-0123), and those agencies listed below to secure utility locations and data: City of Decatur (JULIE Member) Ameren IP (JULIE Member) AT&T (JULIE Member) Comcast Communications (JULIE Member) The Contractor shall be held responsible for protecting all utilities and in the event the Contractor damages any of them, they shall be replaced by the Contractor to the satisfaction of the utility owner at their own expense. GC-15 MEASUREMENT AND PAYMENT Payment shall be made only for those items listed in the Schedule of Prices in the Contractor's proposal, except as extra work may be directed by the Engineer, in writing, during construction. Miscellaneous items of work not specifically listed in the Contractor's proposal shall be considered incidental to the contract work and the cost thereof shall be included in the appropriate contract bid item. GC-16 METHOD OF PAYMENT Requests for partial payment may be submitted in writing by the Contractor to the Engineer, generally on a monthly basis. Requests shall make an approximate estimate of the materials in place complete, the amount of work performed, and the value thereof, at the contract unit prices. Copies of the certified payroll for employees of the Contractor and for the respective subcontractors should be submitted through ePrismSoft. Copies of the invoices for materials and equipment actually on the job site for which payment is requested by the Contractor shall be included in the request. The Ci will deduct from the amount so determined for the first 50 percent of th City p e completed work a sum of ten percent to be retained until after the completion of the entire work to the satisfaction of the Engineer. After 50 percent or more of the work is completed, the Engineer may, at his/her discretion, certify the remaining partial payments without any further retention, provided that satisfactory progress is being made, and provided that the amount retained is not less than five percent of the total adjusted contract price. When the principal items of the work have been satisfactorily completed, a semi-final estimate may be made with the consent of the surety. Payment to the Contractor under such an estimate shall not exceed 90 percent of the amount retained after making partial payments, but in no event shall the amount retained after making the semi-final payment be less than one percent of the adjusted contract price, nor less than $500.00. Retainage will be released to the Contractor upon satisfactory completion of the work and shall be used for necessary adjustments to the pay schedule which may result from irregularities, substitutions or changes. jThe failure to perform any requirement, obligation, or term of the contract by the Contractor shall be reason for withholding any progress payments until the City determines that compliance has been achieved. Furthermore, progress payments may be reduced by liens filed pursuant to Section 23(c) of the Mechanics Lien Act, 770 ILCS 60/23(c). 40