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243-23 RESOLUTION
F�rEr. OF f1 �Y V y � J,I Y DIY �RK�NS�S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 243-23 File Number: 2023-1210 GARNEY COMPANIES, INC. (WEST WATER TRANSMISSION MAIN): A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK CONTRACT WITH GARNEY COMPANIES, INC., PURSUANT TO RFQ 23-05, FOR THE WEST TRANSMISSION WATER MAIN PROJECT IN THE INITIAL AMOUNT OF $690,329.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville owns and operates two parallel water transmission lines from Beaver Water District in Lowell; and WHEREAS, Beaver Water District intends to build a western water distribution point near Highway 112 and the newly constructed Springdale Northern Bypass, Highway 612 that will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical redundancy, and overall utility resiliency; and WHEREAS, on July 31, 2023, the City's Engineering Selection Committee selected Gamey Companies, Inc. to negotiate a Construction Manager at Risk contract for the delivery of the 48-inch West Transmission Water Main Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Construction Manager at Risk contract with Garrey Companies, Inc. in the initial amount of $690,329.00, pursuant to RFQ 23-05, for the West Water Transmission Main Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on November 7, 2023 Approved: Attest: ����ER Kr; r 4, •I�Iyr _I _ Lio Id orclan. Ma Kara Paxton City Cl 1 Page 1 """Ili 1-111%, CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Garney Companies, Inc. - West Water Transmission Main RECOMMENDATION: 2023-1210 Staff recommends approval of a Construction Manager At -Risk (CMAR) Contract with Garney Companies, Inc. in the amount of $690,329.00 for the West Water Transmission Main Project, and approval of a budget adjustment. BACKGROUND: The City of Fayetteville owns and operates two parallel water transmission lines from Beaver Water District (BWD) in Lowell that enter from the northeast corner of the City. These lines are a 36-inch pipe installed in 1967 and a 42-inch pipe installed in 1993. BWD intends to build a western water distribution point near HWY- 112 and the newly constructed Springdale Northern Bypass, HWY-612. This facility will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical redundancy, and overall utility resiliency. Fayetteville's 11.3-mile connection to the proposed BWD facility is currently under engineering design and permitting. On July 31, 2023, the City of Fayetteville conducted a formal Engineering Selection Committee meeting and interviewed three firms. Garvey was selected to negotiate a CMAR contract for the delivery of the 48-inch West Transmission Water Main project (RFQ 23-05). DISCUSSION: Garney and City Staff have met multiple times to create a scope and contract for these CMAR services. The contract has been reviewed by the City Attorney's office as well as the project's state funding agency ANRD. The initial phase of this contract is the pre -construction and procurement professional services wherein Garney will join alongside McClelland Engineers to act as a constructability and value -engineering consultant partner. Meanwhile they will be creating procurement packages to expedite construction once all permits are in -place. Future change orders will be added to this contract to incorporate material purchases and construction packages as the project progresses. Each of these will be brought forward to the Water/Sewer Committee and the City Council for approvals. This contract consists of $690,329.00 in pre -construction professional CMAR services. BUDGET/STAFF IMPACT: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 contract with Garney Companies, Inc for the pre -construction management for the West Corridor Water Transmission Line Project. Available budgeted funds from the multiple Water/Sewer and Wastewater Treatment Plant projects will be transferred to cover the cost of this project. ATTACHMENTS: SRF (#3), BA (#4), RFQ 23-05, Final Vote (#5), Contract for Garney Companies, Inc. (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1210 Garney Companies, Inc. - West Water Transmission Main A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK CONTRACT WITH GARNEY COMPANIES, INC., PURSUANT TO RFQ 23-05, FOR THE WEST TRANSMISSION WATER MAIN PROJECT IN THE INITIAL AMOUNT OF $690,329.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville owns and operates two parallel water transmission lines from Beaver Water District in Lowell; and WHEREAS, Beaver Water District intends to build a western water distribution point near Highway 112 and the newly constructed Springdale Northern Bypass, Highway 612 that will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical redundancy, and overall utility resiliency; and WHEREAS, on July 31, 2023, the City's Engineering Selection Committee selected Gamey Companies, Inc. to negotiate a Construction Manager at Risk contract for the delivery of the 48-inch West Transmission Water Main Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Construction Manager at Risk contract with Gamey Companies, Inc. in the initial amount of $690,329.00, pursuant to RFQ 23-05, for the West Water Transmission Main Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-1210 Item ID 11/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/18/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Garney Construction, Inc. in the amount of $690,329.00, pursuant to RFQ 23-05, for construction of the West Water Transmission Main, and approval of a budget adjustment. 5400.720.5600-5314.00 Account Number 18015.2201 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: RFQ 23-05 Budget Impact: Water and Sewer Fund West Water Transmission Line Project Title Total Amended Budget $ 3,949,642.00 Expenses (Actual+Encum) $ 3,949,642.00 Available Budget Item Cost $ 690,329.00 Budget Adjustment $ 690,329.00 Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number WATER SEWER (720) /Org2 2023 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the contract with Garney Companies, Inc for the pre -construction management for the West Corridor Water Transmission Line Project. Available budgeted funds from the multiple Water/Sewer and Wastewater Treatment Plant projects will be transferred to cover the cost of this project. COUNCIL DATE: ITEM ID#: 11/7/2023 2023-1210 Holly Black 7012012023 9:56 RM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 5400.730.5800-5801.00 (230,000) - 02032 1 EX Fixed Assets 5400.730.5800-5801.00 5400.720.5600-5808.00 (100,000) (94,329) - 02068 10006 1 EX 1 EX Fixed Assets Improvements - Water Line 5400.730.5800-5818.00 5400.720.5600-5808.00 (100,000) (166,000) - 13018 14010 1 EX 1 EX Wastewater Treatment Plant - Improvemei Improvements - Water Line 5400.720.5600-5314.00 690,329 - 18015 2201 EX Professional Services I of 1 SELECTION COMMITTEE -VOTING RESULTS C.17y ARK b AS RFQ23-05, CMAR- West Selection Description: Transmission Water Main Selection Committee Date/Time: 07/31/2023 at 4:30 PM Firms are listed alphabetical order. 1 2 3 Crossland Heavy Contractors Garvey Construction S.J. Louis Construction, Inc. Overall RANK 1st 2nd 3rd OVERALL RANK SUMMARY SCORING 1st ranked firm: /' (jrireun� 2nd ranked firm: 3rd ranked firm: S,T. CQns-�YucA�<w , Inc. Tallied by: Jy /'/CwHl7. Les McGau�gh, O urchasing Director Amandaf�B(eiilfuss, Purc Date: iSrr.. 0 � / 61 / 0 P3 Date: V OJ / V \ /0())3 City of Fayetteville, Arkansas CITY OF Attendance Sheet FAYETTEVILLE ARKANSAS BID/RFP/�F(�i: 23'O� Description: W-)4 '1 Ma:n Function (circle one) : Bid Opening, Selection Committee Meeting, Pre -Bid, I ervie Date:/ 31 / aoa3 Time: 1 0s ?AA Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Company ®c -ze_ I-F C �aL Title Phone City staff e-mail includes Vayetteville-ar.gov" Email y1A. sz'' gy ?0I 7273'y �in,�,�a-La �///Y-79 LF94)-1591-$,2.11 � i✓/�-.. dp4111�llle AV 974-301-190/ c ra,�ersofn e>(/�1/c na. v zzZ 5F .tt^¢s4. 7�-'� •. e iiz -G�, c u'Z044--��F13— Y '�Zi- St�d2 r a ac +S.tuv H7k-616 -O`I5Z GD4rr�Mab [fll+tCth�C n}+«cid•. +71- 346 •!G77 Isn- SGs- &rzi NZa- 530-3-524e , �? ,_If wr, 501 , ae lkor•ccnAS. City of Fayetteville, Arkansas CITY OF Attendance Sheet FAY'ETTEVil.L !' ARKANSAS BID/RFP/(D#: '�3 `O-S Name 2 '�O� 3 :54_e%pc 10 11 12 13 14 15 16 17 18 19 20 Description: CM' M�)' ._T Function (circle one) : Bid Opening, Selection Committee Meeting, Pre -Bid, tervie Date: -� / 31 / 2GTime: �?, Company Title (+ l S S.i• Lr.�rs icKSu5�i*9 S 5 Li3uis Cr-,nstrlec-,bnn Fs4-. , P oxQ _-e..} o CDF UVWes FA", 4f�r C'o r- t/'04-40 S f L�IYILh �S oaf 14yak, Py, Phone City staff e-mail includes "@fayettevi IIe-ar.gov'' Email '1?_C, 5?s vats; 1 3,E `f Z3-Ycr Z7 gtr.,C K�sSlrs 520 zq0-b(.0Q1 2(%--7)3— ZZbg' ' 7q-30)-Iilw( Ste'-f 36} 3c)i 7Z�3 /r/a.6a�.vp¢y c✓ � t-i�t� 1)i'-uV G7�( City of Fayetteville, Arkansas CITY OF Attendance Sheet FAY"TTEV1Ll.ifr ARKANSA5 BID /RFP"F #: Name 1 Le, A.1`% L. 2 c^^,,4rcl j j" NA 4 s <' M 6 Go— T 7 Nss�� IcSI�� 8 9 10 11 12 13 14 15 16 17 18 19 20 Description: CN1Pr�-- VSCS-FTrw sn `x^.aa IX) CAk- /tea.' - --r-;hI-4:)-3: &_" �7 Gays!. Function (circle one) : Bid Opening, Selection Committee Meeting, Pre -Bid nterview Date: o-+ / 31 / ao2 Company C..,pV'l roc!YVfV (6NS-ba-1b1 GfarN a (o/a r✓c ,e _�i'arzov,�N �m,s�,e,�na�✓ ^f iA,�57wul,u,.� CD Time: 340 ?� 5792r City staff e-mail Includes"@fayetteville-ar.gov" Title Phone Email qA'e1-6?5 F2?ci q;/(.vr--F0�7 �q ISr) 7i1-99Z5 zz& iz-11 G7r��r �t%cr�l� ihy•h5'7' S"2�t! 1I79- 15-7s- 9-363 f '11 `l 3V 1 7L75 .tN+�.erron+��.�wc7• c�.H Aft CITY OF AAYEi1 E V1.3.0 ARKAN'&AS Name 1 Le-, µY mil. 2 �JCk_ G%tG6lt1 3 idgdg, A4&AA 40 )11=1 P �. 5 �- 6 IUW.V, 10 11 12 13 14 15 16 17 18 19 20 City of Fayetteville, Arkansas Attendance Sheet BID/RFP/RFQ # Description: CMgQ- Wes+ t 4A- PWtrl Function (circle one) :Bid Open in e ec ' ommittee Mee I Pre Bid, Interview Date:O':� / 3k / a-oa3 Time: 41.,3o Pin Company /CDL' .oG cof- Cor Title Phone 7'P3 6"31/ a;W4f: y7q-3oI�N8Al Zob-�(3- 2Z65' City staff e-mail includes '@fayetteville-ar.gov" rain �(L � era✓ 4i ♦ !/ yl n e✓ C � �e- v, aaj r� Contract for Construction Manager at Risk Services FOR THE CONSTRUCTION OF THE WEST TRANSMISSION WATER MAIN PROJECT BETWEEN City of Fayetteville, Arkansas and Garney Companies, Inc. THIS AGREEMENT is made this 7th day of November , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Garney Companies, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or Garney). CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in consideration of their mutual covenants agree as follows: Garney shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board. 1. Contracted parties and relationship: 1.1. This agreement shall be binding between all parties. Fees for CMAR services shall be provided as identified in appendices. CMAR Tax identification number (TIN) ending in 44-0658613 CMAR Arkansas Contractor License No. 0032110624 CMAR Secretary of State Filing No. 100060806 1.2. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. 2.1. Appendices included under this agreement include the following: Appendix A: Scope of Services Appendix B: CMAR Fee Schedule Appendix C: RFQ 23-05, Construction Manager at Risk for West Transmission Water Main Appendix D: Garney's Response to RFQ 23-05 Appendix E: Garney's current Certificate of Insurance Appendix F: Document 00700 — General Conditions, including supplemental conditions Appendix G: Revolving Loan Fund (RLF) Supplemental General Conditions Appendix H: Rider to RLF Supplemental General Conditions Appendix I: SRF Contractor's Act of Assurance Form Appendix J: Davis -Bacon Wage Rate Determination Number AR20230049 2.2. This agreement may be modified only by a duly executed written instrument signed by the CITY and CMAR. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 2.3. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (1) Appendix H: Rider to RLF Supplemental General Conditions (2) Revolving Loan Fund (RLF) Supplemental General Conditions; (3) Change Orders and written amendments to this Agreement which are executed by all parties; (4) the Agreement; (5) CMAR's response to RFQ 23-05 (6) City's published RFQ 23-05 and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: 3.1. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 3.2. Garney Companies, Inc.: Attention: Bill Williams, 1700 Swift, Suite 200, Kansas City, MO 64116 4. General Provisions: 4.1. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Subsubcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. 4.2. When the Construction Documents, Guaranteed Maximum Price (GMP), and other descriptive documents defining the work are complete, they shall be identified and included in this Agreement by mutually agreed upon amendment to this Agreement. 4.3. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. 4.4. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of Construction Manager to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of Construction Manager shall be the responsibility of Construction Manager and may be deducted from any amounts due or to become due Construction Manager. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from Construction Manager of defects, City and Design Professional shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defects. 4.5. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. 4.6. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. 4.7. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Construction Manager incurs costs or is delayed due to such loss or damage, Construction Manager may seek an equitable adjustment in the GMP, estimated Cost RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. 4.8. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, taxes and renewals pertaining to the Work. Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 4.9. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. 4.10. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. 4.11. ENTIRE AGREEMENT: This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.12. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. 4.13. Where figures are given, they shall be preferred to scaled dimensions. 4.14. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. 4.15. In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall immediately submit the matter to City and Design Professional for clarification. Design Professional's clarifications are final and binding. 5. Definitions: 5.1. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. 5.2. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. 5.3. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. 5.4. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. 5.5. "Cost of the Work" means the sum of all allowed direct and indirect costs necessarily and reasonably incurred and paid by CMAR in the performance of the Work including those set forth in the Phase 2 Guaranteed Maximum Price Amendment. 5.6. "Day" means a calendar day unless otherwise specified. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 5.7. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. 5.8. "Design Professional" means the licensed engineer and its subconsultants retained by the City and its subconsultants, to perform design services for the Project. 5.9. "Early Work Package" includes procurement or construction work that may be performed during Phase 1 or Phase 2 that benefit the City or the overall cost and schedule of the Project. 5.10. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. 5.11. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. 5.12. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date. 5.13. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. 5.14. "Overhead" means (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project. 5.15. "Owner" is the City of Fayetteville, Arkansas (City). 5.16. The "Parties" are collectively City and CMAR. 5.17. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. 5.18. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. 5.19. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. 5.20. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. 5.21. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. 5.22. A "Supplier" is a person or entity retained by CMAR to provide material or equipment for the Work. 5.23. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. 5.24. "Work" means the construction and administrative and management services necessary or incidental to fulfill Construction Manager's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. 5.25. "Worksite" means the area of the Project where the Work is to be performed. 5.26. "Bi-monthly basis" means every fourteen to sixteen calendar days. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 6. Contract Document Review and Administration 6.1. Before commencing the Work, Construction Manager shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Construction Manager, and any visible conditions at the Worksite affecting the Work. 6.2. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City and Design Professional. Following receipt of written notice from Construction Manager of defects, City shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defect. 6.3. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or omissions. 6.4. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Construction Manager shall maintain a complete set of all books and records prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty 7.1. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Construction Manager's warranty shall commence on the Date of Final Completion of the Project. 7.2. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 7.3. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Construction Manager's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Construction Manager shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. 7.4. Correction of Work within One Year 7.4.1. If before Substantial Completion or within one-year after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Construction Manager in writing. Unless City provides written acceptance of the condition, Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the one-year correction period City discovers and RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 does not promptly notify Construction Manager or give Construction Manager an opportunity to test or correct Defective Work as reasonably requested by Construction Manager, City waives Construction Manager's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. CMAR shall provide City with an option to extend the warranty period by an additional one-year. If City wishes to exercise the option, the cost and any additional terms shall be set forth in a change order executed by both parties. 7.4.2. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover such amounts, Construction Manager shall pay the difference to City. 7.4.3. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the one-year correction period shall be determined by the Law. If, after the one-year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction Manager elects to correct the Work it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Construction Manager, City shall promptly provide Construction Manager with an accounting of the actual correction costs. 7.4.4. If Construction Manager's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Construction Manager shall be responsible for the cost of correcting the destroyed or damaged property. 7.4.5. The one-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Construction Manager's other obligations under the Contract Documents. 7.4.6. Before final payment, at City option and with Construction Manager's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the GMP shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work. 8. Safety of Persons and Property 8.1. SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. 8.2. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its safety representative. Construction Manager shall report promptly in writing all recordable accidents and injuries RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 occurring at the Worksite. When Construction Manager is required to file an accident report with a public authority, Construction Manager shall furnish a copy of the report to City. 8.3. Construction Manager shall provide City with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or anyone for whose acts Construction Manager may be liable, shall be promptly remedied by Construction Manager. 8.4. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Construction Manager's safety program, may require Construction Manager to stop performance of the Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective measures, City may perform them and deduct their cost from the GIMP. Construction Manager agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City's reasonable request. 9. Subcontracts: 9.1. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier, and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. 9.2. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 10. Basic Services: 10.1. Preconstruction Phase Services: During the Preconstruction Phase of the Project, the Construction Manager shall perform the following services: 10.1.1. Provide preliminary evaluation of the Project budget requirements. With the Design Professional's assistance, prepare preliminary estimates of construction cost for early schematic designs based on area, volume or other standards. Assist the Owner and the Design Professional in achieving mutually agreed upon Project budget requirements and other design parameters. Provide cost evaluations of alternative materials and systems. 10.1.2. Review design during its development for constructability. Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to cost including, but not limited to, cost of alternative designs or materials, preliminary budgets and possible economies. 10.1.3. Provide for the Design Professional's and the Owner's review, and periodically update, a Project Schedule that coordinates and integrates the Construction Manager's services, the Design Professional's services and the Owner's responsibilities. 10.1.4. During preparation of Design Development and Construction Documents, prepare, as may be requested by the Owner or the Design Professional, detailed estimates of construction costs, and, if it appears that such costs may exceed the Project budget, make recommendations for corrective action. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 10.1.5. Coordinate Contract Documents by consulting with the Owner and the Design Professional regarding drawings and specifications as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility, cost or schedules. 10.1.6. Provide recommendations and information to the Owner and the Design Professional regarding the assignment of responsibilities for safety precautions and programs. Provide information and recommendations regarding temporary Project facilities and equipment, materials, and services for common use of Subcontractors. Verify that these requirements and assignments of responsibilities are included in the proposed Contract Documents. 10.1.7. Advise on the separation of the Project into Trade Packages for various categories of the Work. Advise on the method to be used for selecting Subcontractors and awarding Trade Packages. Review the drawings and specifications and make recommendations as required to provide that (1) the Work of the separate Subcontractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate separate Trade Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 10.1.8. Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Subcontractor. Provide the Project Construction Schedule for each set of Bidding Documents. 10.1.9. Investigate and recommend a schedule for the Owner's purchase of materials and equipment requiring long lead time procurement and coordinate the schedule with the early preparation of portions of the Contract Documents by the Design Professional. Expedite and coordinate delivery of these purchases. 10.1.10. Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical Phases. Make recommendations for actions designed to minimize adverse effects of labor shortages. 10.1.11. With the Design Professional's assistance, receive bids, prepare bid analyses and make recommendations to the Owner concerning the qualifications of Subcontractors or rejection of bids. 10.1.11.1. The Owner may allow the Construction Manager to submit a bid to self -perform construction services for any Trade Package in accordance with the requirements of Arkansas law and the City's purchasing policies. The Construction Manager must notify the Owner in writing of its intent to submit a bid proposal for a Trade Package. 10.1.11.2. The Construction Manager's bid must be submitted under the same conditions that apply to all other competing firms. The Owner will participate in and provide oversight of all bid analyses pertinent to the award of subcontracts or rejection of bids on any trade package for which the Construction Manager submits a bid to self -perform. 10.1.12. The Construction Manager shall submit an Affidavit of Compliance on the form provided by the City verifying its compliance with the requirements of Ark. Code Ann. § 14-58-1001 as well as all other applicable statutes, rules, and regulations for the Project. 10.1.13. With the Design Professional's assistance, conduct pre -award conferences with successful Bidders. Prepare Trade Packages in such form as the Owner may require and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Subcontractors. 10.1.14. The Construction Manager shall issue the Trade Packages which shall be between the Construction RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 Manager and the Subcontractors, and such contracts shall create no contractual relationship between the Owner and the Subcontractors. The Construction Manager shall not enter into a Trade Contract with a proposed Subcontractor with reference to whom the Owner has made reasonable and timely objection. All Trade Contracts shall afford the Construction Manager rights against the Subcontractor which correspond to those rights afforded to the Owner against the Construction Manager herein including those rights of termination as set forth herein. 10.1.15. Notwithstanding any other provision of the Contract Documents, the Design Professional and its consultants are responsible for the design of the Project and the Construction Manager shall not be liable for any error, omission, lack of coordination, or other defect in the Project's design. Prior to agreement on a GMP, the Construction Manager is not responsible for the design resulting in a Project within the Owner's budget or for the cost of any re -design or other corrective action needed to bring the Project within the Owner's budget. 10.2. Construction Phase Services. During the Construction Phase of the Project, the Construction Manager shall perform the following services: 10.2.1. Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Construction Manager, in cooperation with the Design Professional, shall provide administration of the Trade Contracts for Construction as set forth below. 10.2.2. Schedule and coordinate the Work of the Subcontractors. Provide administrative, management and related services as required to coordinate Work of the Subcontractors with each other and with the activities and responsibilities of the Construction Manager, the Owner and the Design Professional to complete the Project in accordance with the Owner's objectives for cost, time and quality. Provide sufficient organization, personnel and management to carry out the requirements of this Agreement. 10.2.3. Schedule and conduct pre -construction, construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Prepare and promptly distribute accurate minutes. 10.2.4. Consistent with the Schedule issued with the Bidding Documents, and utilizing the Subcontractors' Construction Schedules provided by the separate Subcontractors, update the Project Schedule incorporating the activities of Subcontractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time procurement. Include the Owner's occupancy requirements showing portions of the Project having occupancy priority. Provide a progress update of the Project Construction Schedule on a monthly basis to show current conditions and revisions required by actual progress and experience. The furnishing by the Construction Manager of the updated Project Construction Schedule, and the required monthly updates, shall be a condition precedent to payment to the Construction Manager. 10.2.5. Coordinate construction to achieve proper performance from the Subcontractors. Take appropriate actions, including termination and re -letting of Trade Contracts where appropriate, when requirements of Trade Contracts are not being fulfilled and the non -performing party will not take satisfactory corrective action. 10.2.6. Provide regular monitoring of all construction costs showing actual costs for activities in progress and estimates for uncompleted tasks. Submit Project Construction Cost reports on a monthly basis. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 10.2.7. Maintain cost accounting records on authorized Work performed under unit prices, additional Work performed on the basis of actual costs of labor and materials, or other Work requiring accounting records. 10.2.8. Recommend necessary or desirable changes to the Design Professional and the Owner, review requests for changes, assist in negotiating Subcontractors' change proposals, submit recommendations to the Design Professional and the Owner, and if they are accepted, prepare and sign Change Orders for the Design Professional's signature and the Owner's authorization. 10.2.9. Develop and implement procedures for the review and processing of applications by Subcontractors for progress and final payments. Review schedules of value and pay applications by Subcontractors to protect the Owner from frontloaded or imbalanced payment schedules to the Subcontractors. 10.2.10. Review the safety programs developed by each of the Subcontractors as required by the Trade Packages and coordinate the safety programs for the Project. Take reasonable and customary precautions to secure and protect the Project from loss or harm due to the elements, theft, vandalism, and other causes. Take reasonable steps to secure the Project at all times so as to prevent injury to or trespass thereon. 10.2.11. Assist in obtaining and pay for building permits and special permits for permanent improvements, excluding permits required to be obtained directly by the various Subcontractors, Engineers, and Owner. Verify that the Owner has paid applicable fees and assessments. Assist in obtaining approvals from authorities having jurisdiction over the Project. Obtain and pay for all certificates, inspections, and licenses necessary and ordinary for the performance of the Work and the occupancy of the Project. Comply with all lawful requirements applicable to the Project and give and maintain any and all notices required by applicable law pertaining to the Project. In the event the Owner is fined, penalized or assessed by any governmental entity as a result of any alleged or actual violation of law by the Construction Manager, or by any Subcontractor, the Construction Manager shall indemnify and hold Owner harmless from any such fine, penalty or assessment and any attorneys' fees or costs which result there from. 10.2.12. If required, assist the Owner in selecting and retaining the professional services of surveyors, special consultants and testing laboratories. Coordinate their services. 10.2.13. Determine that the Work of each Subcontractor is being performed in accordance with the requirements of the Contract Documents. Guard the Owner against defects and deficiencies in the Work. As appropriate, require special inspections or testing, or make recommendations to the Design Professional regarding inspections or testing, of Work not in accordance with the provisions of the Contract Documents whether or not such Work is then fabricated, installed or completed. Subject to review by the Design Professional, reject Work which does not conform to the requirements of the Contract Documents. 10.2.14. Consult with the Design Professional and the Owner if any Subcontractor requests interpretations of the meaning and intent of any of the Contract Documents and assist in the resolution of questions which may arise. 10.2.15. Receive and review for compliance with contract requirements Certificates of Insurance from the Subcontractors and forward them to the Owner with a copy to the Design Professional. 10.2.16. Receive from the Subcontractors and review all Shop Drawings, Product Data, Samples and other submittals to confirm that same comply with the requirements of the Contract Documents. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 Coordinate them with information contained in related documents and transmit to the Design Professional those recommended for approval. In collaboration with the Design Professional, establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. 10.2.17. Record the progress of the Project. Submit written progress reports to the Owner and the Design Professional including information on each Subcontractor and each Subcontractor's Work, as well as the entire Project, showing percentages of completion and the number and amounts of Change Orders. Keeps a daily log containing a record of weather, Subcontractors' Work on the site, number of workers, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. Make the log available to the Owner and the Design Professional. 10.2.18. Maintain at the Project site, on a current basis; a record copy of all Trade Packages, drawings, specifications, addenda, Change Orders and other modifications, in good order and marked to record all changes made during construction; Shop Drawings; Product Data; Samples; submittals; purchase orders; material data; equipment documents; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Trade Contracts or Work. Maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. Make all records available to the Owner and the Design Professional. At the completion of the Project, deliver all such records to the Design Professional for the Owner. 10.2.19. Arrange for delivery, storage, protection and security for Owner -purchased materials, systems and equipment which are a part of the Project. 10.2.20. With the Design Professional and the Owner's maintenance personnel, observe the Subcontractors' checkout of utilities, operational systems and equipment for readiness and assist in their initial start- up and testing. 10.2.21. When the Construction Manager considers each Subcontractor's Work or a designated portion thereof Substantially Complete, the Construction Manager shall prepare for the Design Professional a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Design Professional in conducting inspections for Substantial and Final Completion. After the Design Professional certifies the Date of Substantial Completion of the Work, the Construction Manager shall coordinate the correction and completion of the Work and shall be fully responsible for same. 10.2.22. Following the issuance of a Certificate of Substantial Completion for the Project or designated portion thereof evaluates the completion of the Work of the Subcontractors and make recommendations to the Design Professional when Work is ready for final inspection. Assist the Design Professional in conducting final inspections. Secure and transmit to the Owner required guarantees, affidavits, releases, bonds and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the Owner. 11. Fees, Expenses, and Payments: 11.1. The maximum not -to -exceed amount authorized for this agreement is included in the breakdown shown below. Fees shall be paid to the CMAR as described in Appendix B. 11.2. Phase 1: Pre -Construction Services The maximum not -to -exceed amount authorized for this phase is $690,329.00. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 11.3. Early Work Packages. If applicable, Early Work Packages commenced prior to mutual execution of a Phase 2 Guaranteed Maximum Price Change Order shall be performed and paid for pursuant to the terms of a Change Order executed prior to commencement of the Early Work but are otherwise subject to the terms, covenants, and conditions of this Agreement and other Contract Documents. 11.4. Phase 2: Guaranteed Maximum Price (GMP) for the construction of the West Transmission Water Main. 11.4.1. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. 11.4.2. The GMP proposal shall include the cost of the Work and the Construction Manager's Fee of 9%, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). 11.4.3. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: a) suggest modifications to the GMP Proposal; or b) terminate the Agreement for convenience. 11.4.4. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or by change order executed by the Parties. 11.4.5. GMP shall be itemized, including but not limited to: 11.4.5.1. Wages for labor directly employed by Construction Manager in the performance of the Scope of Services. 11.4.5.2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. 11.4.5.3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Construction Manager's standard personnel policy, insofar as such costs are paid to employees of Construction Manager who are included in the Cost of the Work. 11.4.5.4. Transportation, travel, hotel, and moving expenses of Construction Manager's personnel incurred in connection with the Work. 11.4.5.5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. 11.4.5.6. Payments made by Construction Manager to Subcontractors for work performed under this Agreement. 11.4.5.7. Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Construction Manager. 11.4.5.8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Construction Manager or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. 11.4.5.9. Cost of the premiums for all insurance and surety, performance or payment bonds which Construction Manager is required to procure or deems necessary and approved by City including any additional premium incurred as a result of any increase in the GMP at fixed rates approved by the City. 11.4.5.10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Construction Manager is liable. 11.4.5.11. Permits, taxes, fees, licenses, tests, royalties. 11.4.5.12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. 11.4.5.13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office. 11.4.5.14. Water, power, and fuel costs necessary for the Work. 11.4.5.15. Cost of removal of all nonhazardous substances, debris, and waste materials. 11.4.5.16. Costs incurred due to an emergency affecting the safety of persons or property. 11.4.5.17. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Construction Manager's Fee, which are reasonably inferable from the Contract Documents. 11.5. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. The parties agree payment to the CMAR shall be made as follows: 11.5.1. The City shall be responsible for a not to exceed cap. 11.5.2. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. 11.6. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage of work completed as defined. 11.7. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. 11.8. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Construction Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. 11.9. Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by CMAR and approved by City. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. 11.9.1. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. 11.9.2. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City has accepted. 11.10. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CMAR or sureties under this Agreement. 12. Project Bonding: Performance and payment bonding. After execution of this contract by all parties, CMAR shall provide a 100% separate performance and payment bond from a bonding company, licensed to do business in the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. 12.1. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. 12.2. A maintenance bond shall be provided for the duration of the entire warranty period. 12.3. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 13. Time: 13.1. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. 13.2. Time is of the essence with regard to the obligations of the Contract Documents. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 13.3. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. 13.4. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. 13.4.1. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence -style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. 13.4.2. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. 13.4.3. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs additional costs or is delayed, Construction Manager may seek equitable adjustment of the GMP or the Dates of Substantial or Final Completion, or both. 13.4.4. Notwithstanding anything other provision in this Agreement, if Contractor incurs or sustains any increase in the Contract Time or an impact to the GMP, or both, which was not caused by Contractor or under Contractor's control (including, but not limited to, an increase in or delay caused by substantial increases in the cost of materials, supplies or equipment, changed market conditions, or supply chain deficiencies), then Contractor shall be entitled to an equitable adjustment to the Contract Time or to the GMP, or both, which shall be authorized by Change Order. To the extent Contractor disputes the amount of any such adjustment, then Contractor shall be entitled to proceed with a Claim in accordance with the terms of this Agreement. 13.5. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. 13.6. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 14. Substantial Completion: 14.1. Construction Manager shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Construction Manager shall promptly and accurately complete all items on the list. 14.2. When Substantial Completion of the Work or a designated portion is achieved, Construction Manager shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Construction Manager to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. 14.3. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction Manager the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. 15. Final Completion: 15.1. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. 15.2. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. 15.3. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. 15.4. Final payment shall be due on Construction Manager's submission of the following to the City: 15.4.1. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; 15.4.2. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; 15.4.3. release of any liens, conditioned on final payment being received; 15.4.4. consent of any surety; and 15.4.5. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. 15.5. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Construction Manager the City may pay the balance due for any portion of the RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Construction Manager shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims. 15.6. Warranties required by the Contract Documents shall commence on the date of Final Completion of the Work or a designated portion 15.7. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. 15.8. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: 15.8.1. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' 15.8.2. CMAR shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 16. Liquidated Damages: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City two thousand five hundred dollars ($2,500 USD) per calendar day as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. Owners recovery of liquidated damages, if any, from Contractor shall be its sole and exclusive remedy for any delays to Substantial Completion caused by Contractor. 17. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 18. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 20. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the CMAR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 21. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 22. Insurance: 22.1. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. 22.2. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. 22.3. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager, or terminate this Agreement. 22.4. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. 22.5. Certificates of Insurance shall list the City as Additional Insured Parties. 22.6. PROPERTY INSURANCE: 22.6.1. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. 22.6.2. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss. This insurance shall also (a) name Construction Manager, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 22.6.2.1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 22.6.2.2. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 22.6.2.3. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 22.6.2.4. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 22.6.2.5. physical loss resulting from Terrorism. 22.6.3. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. 22.6.4. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. 22.6.5. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, subsubcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. To the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Construction Manager, Subcontractor, Supplier, Subsubcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. 22.7. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. 22.8. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and maintain additional liability coverage. Construction Manager shall provide: 22.8.1. Additional Insured. City shall be named as an additional insured on Construction Manager's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Construction Manager, or those acting on Construction Manager's behalf, in the performance of Construction Manager's work for Owner at the Worksite. The insurance of the Construction Manager and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. 22.9. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by CMAR. Before commencing the Work, Construction Manager shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. 22.10. ROYALTIES, PATENTS, AND COPYRIGHTS: Construction Manager shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Construction Manager and incorporated in the Work. Construction Manager shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 22.11. PROFESSIONAL LIABILITY INSURANCE: To the extent Construction Manager is required to procure design services, Construction Manager shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Construction Manager's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Construction Manager's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 23. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR. 24. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CMAR: 24.1. Provide full information as to the requirements for the Project. 24.2. Assist CMAR by placing at CMAR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 24.3. Assist CMAR in obtaining access to property reasonably necessary for CMAR to perform its services. 24.4. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CMAR and render in writing decisions pertaining thereto. 24.5. Review all documents and provide written comments to CMAR in a timely manner. 24.6. The City of Fayetteville Utilities Director is the project representatives with respect to the services to be performed under this Agreement. The Utilities Director Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 25. Cost Opinions and Projections: Cost opinions and projections prepared by the CMAR relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on CMAR's experience, qualifications, and judgment as a CMAR professional. 26. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. CMAR shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included with Appendix B. 27. Termination: 27.1. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 27.1.1. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 27.1.2. An opportunity for consultation with the terminating party prior to termination. 27.2. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: 27.2.1. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 27.2.2. An opportunity for consultation with the terminating party prior to termination. 27.3. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 27.3.1. No amount shall be allowed for anticipated profit on unperformed services or other work, 27.3.2. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. 27.4. If termination for default is effected by CMAR, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CMAR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CMAR relating to commitments which had become firm prior to the termination. 27.5. Upon receipt of a termination action under Paragraphs above, CMAR shall: 27.5.1. Promptly discontinue all affected work (unless the notice directs otherwise), 27.5.2. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by CMAR in performing this Agreement, whether completed or in process. 27.6. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 27.7. If, after termination for failure of CMAR to fulfill contractual obligations, it is determined that CMAR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 28. Suspension 28.1. In the event the services of CMAR are suspended by CITY OF FAYETTEVILLE, or by other events beyond CMAR's reasonable control, CMAR shall be entitled to additional compensation and time for reasonable documented costs incurred by CMAR as a result of such suspension. 28.2. In the event the services are suspended by CMAR, and upon ten (10) calendar days' written notice from City and CMAR's subsequent failure to cure or commence and diligently proceed with the cure for such delays, CITY shall be entitled to compensation for reasonable costs incurred in temporarily closing down or delaying the Project. 29. Rights and Benefits. CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 30. Dispute Resolution 30.1. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CMAR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. 30.2. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. 30.3. Notice of Dispute 30.3.1. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 30.3.2. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 30.3.3. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CMAR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CMAR, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 31. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to CMAR for services rendered by CMAR. All parties agree if funding should become insufficient to complete the project, CMAR shall be notified in a timely manner. 32. Publications: Recognizing the importance of professional services on the part of CMAR's employees and the importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. 33. Indemnification. CMAR's obligations to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE are set forth in Paragraph 18 of the Revolving Loan Fund (RLF) Supplemental General Conditions and the Rider attached thereto. 34. Ownership of Documents: 34.1. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CMAR may retain reproduced copies of drawings and copies of other documents. 34.2. Engineering and other design documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CMAR as part of the Services shall become the property of CITY OF FAYETTEVILLE when CMAR has been compensated for all Services rendered, provided, however, that CMAR shall have the unrestricted right to their use. CMAR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CMAR. 34.3. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CMAR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 35. Additional Responsibilities of CMAR: 35.1. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve CMAR of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 35.2. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 35.3. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CMAR for faulty materials, equipment, or work. 36. Audit and Access to Records: 36.1. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. 36.2. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper facilities for such access and inspection. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 36.3. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 36.4. This right of access clause (with respect to financial records) applies to: 36.4.1. Negotiated prime agreements 36.4.2. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement 36.4.3. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 36.4.3.1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of CMAR; 36.4.3.2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 36.4.3.3. If the sub agreement is terminated for default or for convenience. 37. Covenant Against Contingent Fees: CMAR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CMAR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 38. Gratuities: 38.1. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 38.2. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to any such officer or employee. 39. Additional Federal Requirements. The parties shall comply with the following additional federal requirements as applicable to the project. The executed SRF Contractor's Act of Assurance is included as Appendix I. 39.1. Davis -Bacon Act. 39.1.1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R.pt. 5 as may be applicable. The CMAR shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 39.1.2. CMARs are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. The prevailing wage determination for this project is included as Appendix J. 39.1.3. Additionally, CMARs are required to pay wages not less than once a week. 39.2. American Iron and Steel 39.2.1. The CMAR acknowledges that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States including iron and steel products provided by the CMAR pursuant to this Agreement. The CMAR hereby represents and warrants that (a) the CMAR has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the CMAR will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the City or the Arkansas Natural Resources Commission (the "Commission"). 39.2.2. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the CMAR shall permit the City or Commission to recover as damages against the CMAR any loss, expense, or cost (including without limitation attorney's fees) incurred by the City or Commission resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Commission or any damages owed to the Commission by the City). While the CMAR has no direct contractual privity with the Commission, as a lender to the City for the funding of its project, the City and the CMAR agree that the Commission is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Commission. A copy of the EPA Memorandum implementing the American Iron and Steel requirement and its procedures is attached as Appendix D to the Revolving Loan Fund (RLF) Supplemental General Conditions. 39.3. Copeland "Anti -Kickback" Act. 39.3.1. CMAR. The CMAR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 39.3.2. Subcontracts. The CMAR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CMAR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 39.3.3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042 as a contractor and subcontractor as provided in 29 C.F.R. §5.12. 39.4. Equal Employment Opportunity. During the performance of this contract, the CMAR agrees as follows: 39.4.1. The CMAR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CMAR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 The CMAR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 39.4.2. The CMAR will, in all solicitations or advertisements for employees placed by or on behalf of the CMAR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 39.4.3. The CMAR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CMAR's legal duty to furnish information. 39.4.4. The CMAR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CMAR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 39.4.5. The CMAR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 39.4.6. The CMAR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 39.4.7. In the event of the CMAR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CMAR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 39.4.8. The CMAR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each CMAR or vendor. The CMAR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 39.5. DEBARMENT AND SUSPENSION: By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: 39.5.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 39.5.2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 39.5.3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 39.5.4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 39.5.5. CMAR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 39.5.6. Certifications for subcontracts or subsubcontracts executed under this agreement shall include all language in this section. 39.6. Byrd Anti -Lobbying Amendment. CMAR shall certify that it has not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. CMAR shall also ensure that any subcontractor or subsubcontractor submits the required certification. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and GARNEY COMPANIES, INC. by its authorized officer have made and executed this Agreement as of the day and year first above written. GARNEY COMPANIES, INC. By: Bill Williams, Executive Vice President r.oMIJ, K / ; ,.0 e Signed: \T y V i- i ,1 2 . h Date Signed: %NeSA� ! , �ZJ 10/20/23 END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 23-05 — CMAR West Transmission Water Main Last Revised 10/19/2023 Appendix A Scope of Services Carney 1700 Swift, Suite 200, Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com CITY OF FAYETTEVILLE WEST TRANSMISSION MAIN CONSTRUCTION MANAGER AT RISK (CMAR) SCOPING LETTER This Scoping Letter will serve as a basic description of the Construction Manager at Risk (CMAR) Professional Services for Pre-Construction/Procurement provided by Garney Construction to the City of Fayetteville for the 48" West Transmission Main project. This will also include a breakdown for the Pre - Construction cost. Per RFQ 23-05 as published by the City of Fayetteville, the following items are part of, and not limited to, the Professional Services of the Construction Manager at Risk. • Ensure all Funds are spent in accordance with State of Arkansas Procurement laws. • Guaranteed Maximum Price (GMP) Development • Cost Estimating (30%, 60%, 90%, and 100%) • Bidding and Procurement of Material Supply and Work scopes • Schedule Control • Cost Reduction and Control (VE) • Project Coordination with Design Engineer and the City of Fayetteville • Constructability Opinion Review Garney will outline the Preconstruction Services as discussed and identified as Phase 1: Preconstruction Services in the RFQ. These services will include, but are not limited to: Garney's Project Management o Review & Comment on the CMAR Services Contract with the City of Fayetteville. o Attend general progress review and coordination meetings with Owner and Engineer. o Attend periodic design meetings to provide consultation on aspects of the design that will impact the budget, schedule, and quality of the completed Project. ■ Advise, assist, and provide recommendations on all aspects of the planning and design of the Work: Consult with the Engineer and Owner regarding Site use and improvements, and the selection of materials, building systems and equipment. ■ Provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation, and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and City of Fayetteville West Transmission Main CMAR Scoping Letter possible opportunities for savings. ■ Provide recommendations on construction schedule for possible opportunities for time savings. o Provide input to the Owner and Engineer regarding current construction market, bidding climate, status of key Subcontractor and Supplier markets, and other local economic conditions. Develop Subcontractor and Supplier interest in the Project, consistent with Laws and Regulations. Furnish Owner and Engineer a list of possible Subcontractors and Suppliers, from whom Bids will be requested for each principal portion of the Work. Identify preferred providers based on CMAR's previous experience for safety, quality of work, on time delivery and ability to complete work within bid amounts. Submission of this list is for information and discussion purposes only and not for prequalification. The review of this list will not require the Owner or Engineer to investigate the qualifications of proposed Subcontractors and Suppliers, nor shall it waive the right of the Owner or Engineer to later object to or reject any proposed Subcontractor or Supplier when Bids are considered. o Recommend a schedule for procurement of long -lead time items and other Work required to meet the Project schedule to the Owner and Engineer. Determine if these items must be procured before execution of the GMP Amendment or if such procurement must occur before that time to meet the Project schedule. Assist the Owner and Engineer with the procurement by obtaining competitive bids for these items. o Identify critical elements of the Work that may require special procurement processes, such as prequalification of Subcontractors or Suppliers who may have certain prior experience which is necessary for the Subcontractor or Supplier to be able to perform the Work, requirement of certified or pre -qualified installers or alternative contracting methods. o In conjunction with the Owner and Engineer, identify the appropriate Bid packages from the Contract Documents for distribution to prospective Bidders for providing all elements of Work not included in the General Conditions. Appropriate Bid packages shall generally mean scopes of work that will maximize the competition for those Bid packages. Bid packages will also be identified with appropriate scopes of work should the Owner have any goals for involvement of the local and/or small contracting communities. Document Review o Review of the 30% documents provided by the City of Fayetteville. These documents include the following: ■ 11-2184 30% CMAR 08.04.23 — 30% Plans ■ Preliminary Geotechnical Report — August 2023 Update ■ Preliminary Geotechnical Report — June 2023 ■ Technical Memorandums —August 2023 ■ W-WW Aug2023 Geotechnical Investigation Status ■ W-WW Easement Acquisition Status Updated 8-3-2023. ■ W-WW June 2023 Considerations for Final Design ■ W-WW June 2023 Environmental Review Status City of Fayetteville West Transmission Main CMAR Scoping Letter o Preliminary Constructability Review, including sequencing or coordination issues, to ensure Work to be completed with a minimum of RFI's: ■ Adequacy of details for construction. ■ Potential conflicts during construction. ■ Feasibility of construction. ■ Construction sequencing. ■ Ability to coordinate among Subcontractors and Suppliers. ■ Coordination between Contract Documents. ■ Elimination of ambiguities, conflicts, discrepancies, or lack of clarity in the Contract Documents. Project Schedule o Provide a preliminary master schedule including design and construction for the Project based on the design existing at the time of Agreement execution. If preliminary master schedule does not meet Owner's Contract Times, CMAR shall provide reasons why and recommendations on how to meet Contract Times. Update master schedule when preliminary design is completed and when design development documents have been completed. Incorporate the Engineer's schedule for design into the preliminary master schedule and include allowances provided by Engineer and Owner for reasonable periods required for the review and approval of items by the Engineer and the Owner and for approvals of governmental authorities having jurisdiction over the Project. Prepare the preliminary master schedule in a way that the detailed Progress Schedule can be incorporated into the master schedule as the Project becomes better defined. For any master schedule updates, if Owner's Contracts Times cannot be met, CMAR will provide recommendations on how to meet Contract Times. o Identify critical design Milestones that must be met to keep the Project on schedule. Coordinate and integrate the preliminary master schedule with the activities of the Owner, Engineer, and CMAR. Update the preliminary master schedule as design progresses to indicate proposed activity sequences and durations, Milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price Amendment(s) preparation and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long -lead time procurement, and Owner's occupancy requirements. o Make appropriate recommendations to the Owner and Engineer if preliminary master schedule updates indicate that previously approved schedules may not meet Contract Time requirements. o Revise the master schedule after each Amendment and the Amendment when the Guaranteed Maximum Price for the entire Work is established. Risk Management Plan: o Analyze Project and construction risk to assess risk impact and develop appropriate risk management strategies to minimize associated costs and schedule impacts. o Provide recommendations for appropriate allocation of Project and construction risks. City of Fayetteville West Transmission Main CMAR Scoping Letter o Identify additional information that will assist with risk assessment and management. o Suggest procurement strategies to minimize risk. Preliminary Estimate and GMP Development o Provide a preliminary evaluation based on the existing design as of the date of Agreement execution of the Owner's program and budget requirements to determine that CMAR will be able to construct the Project described in that program within the Owner's Budget using conceptual estimating techniques. Discuss this preliminary appraisal with the Engineer and Owner. If preliminary evaluation results in Owner's Budget being exceeded, the CMAR will describe the reasons why and identify the Owner's Budget cost categories or cost items that deviate from CMAR's evaluation. CMAR shall provide recommendations on how to meet Owner's Budget. o Prepare a detailed estimate with supporting data for review by the Owner and Engineer when preliminary design has been completed and when design development documents have been completed by the Engineer and approved by the Owner. Update and refine this estimate at appropriate intervals agreed to by the Owner, Engineer, and CMAR during the preparation of the Construction Documents. If estimates do not meet Owner's Budget CMAR shall provide recommendations on how to meet Owner's Budget. o Prepare a Pre -Bid line -item estimate to be used for comparison of Bids received at the Bid opening(s). Include a line item in the estimate for each anticipated Bid package, as well as line items for general conditions, contingencies and other cost that will be incorporated into the Guaranteed Maximum Price for the entire Work for Project. o Make appropriate recommendations to the Owner and Engineer if any estimate exceeds previously approved Owner Budgets or if volatility in the cost of selected materials or equipment may drive cost above the Owner's Budget when Bids are received for Work. Identify areas where costs may be lower than original estimates and cost savings may be used to balance the budget. Report to the Owner the cost of various design and construction alternatives, including CMAR's assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget. Consider costs relating to efficiency, usable life, maintenance, energy, and operation as part of the cost analysis. o Revise the construction cost estimate to reflect actual cost as determined by Bid amounts. Use this revised estimate to establish the Schedule of Values used for periodic Applications for Payment. o Notify the Owner and Engineer immediately if any construction cost estimate exceeds the Owner's Budget. o Work with the Owner and Engineer at each stage in the design process to develop a GMP within the Owner's Budget and a master schedule within Owner's schedule. o Value Engineering Workshops ■ During the design review, Garney will be developing Value Engineering (VE) ideas and tracking them on a VE Log that will present to the City of Fayetteville and McClelland Engineers at the 30%, 60%, 90%, and 100% design submittals. ■ VE items will be reviewed with the City of Fayetteville and McClelland Engineers to City of Fayetteville West Transmission Main CMAR Scoping Letter determine whether or not the VE item shall be further pursued. If an item is selected by the team, Garney will investigate the VE item further and present the findings at the subsequent design workshop. The analysis will address public inconvenience, safety, environmental, cost savings, schedule savings and effects on pipe alignment, design, maintenance and permitting. The VE log will be maintained throughout pre - construction phase services to summarize the overall result of the VE process. During this time Garney will also be identifying items with long -lead times or procurement constraints that may affect the project schedule as well as any items that may be suitable for Owner direct purchase. Garney can work with the Team to procure material items early if needed to take advantage of long -lead times or pricing advantages that may be observed in the market during the pre -construction phase. o GMP Preparation and Preparation of Early Procurement Packages ■ Upon receipt of the and NTP, Garney will within 30 days provide a construction cost estimate budget for 30% Design, as well as the Percentage for CMAR General Conditions. Garney will provide a preliminary Construction GMP based on the 30%, 60%, and 90% design deliverables for Segments 1 and 2 and lead a cost review workshop to discuss and understand design decisions and their impact on the estimated costs. The Construction GMP's will be updated and reviewed again at 90% design along with any VE items agreed to by the Team at 60%, after which the GMP will be negotiated for the project and presented to the City of Fayetteville for approval. Final GMP will be achieved at the 100% documents. Between 30% and 60% design, Garney will begin engaging in market research to gauge interest in the available packages of work and help to establish an appropriate size and scope for packages to ensure they are enticing to qualified participants. During the solicitation phase, Garney shall log and route questions for consideration and subsequent clarifications between the interested participants and the appropriate consultants. With assistance from MCE, Garney will draft, finalize, and submit all addenda for distribution to bidders. Garney will receive bids and share with the City of Fayetteville, evaluate, and make recommendation for final consideration by the City of Fayetteville for each package and incorporate the final decision into the appropriate GMP. ■ Garney shall coordinate, schedule, all pre -bid meetings. Each GMP submittal will include a listing of documents (plans and specifications), assumptions and clarifications used as a basis of developing the GMP, as well as identify a time limit for acceptance of the proposal to consider for City of Fayetteville and MCE to review and respond; as well as identify targeted board meeting approval, contract amendment execution, NTP, Substantial, and Final Completion milestones. The submittal will include a proposed schedule of values establishing design and construction components with sufficient detail to utilize for approximating progress billings per Segment. Following the CMAR's review of the 30% design deliverable, and again following the 60% design deliverable CMAR review, Garney will begin identifying any potential early work packages and long -lead items for the project. Subcontractor and vendor scope packages will be developed for both specialty and scopes of work not self- performed by Garney. Anticipated scope packages may include: • Steel Pipe early release City of Fayetteville West Transmission Main CMAR Scoping Letter • Valves package early release • Other long -lead items • Material Testing • Construction Staking • Trenchless Installations • Clearing and Temporary Fencing • Erosion Control • Temporary Traffic Control • Pavement Restoration • Grassing Restoration ■ Scope packages will be utilized to solicit pricing from subcontractors and vendors at estimate milestone dates to provide accurate pricing and feedback. Procurement o Assemble Appropriate Bid packages from the Contract Documents for distribution to prospective Bidders for providing all elements of Work not included in the General Conditions. Appropriate Bid packages shall generally mean scopes of work that will maximize the competition for those Bid packages. o During the procurement states Garney will coordinate with the City of Fayetteville Purchasing Division to ensure procedures are meeting the state laws and City of Fayetteville Purchasing policies. o Publicly advertise the Project soliciting Bids from Subcontractors and Suppliers for providing all elements of Work not included in the General Conditions in accordance with provisions for competitive bidding method or competitive sealed proposals method. • Newspaper advertisements. • Construction procurement websites and plan rooms. • Disadvantaged Business Enterprise -related associations. ■ Include a notice in the advertisement for Bids that: • Generally describe the Work in sufficient detail to allow potential Bidders to understand the nature and capabilities generally required to complete the work. • States the location at which Bidding Documents, Drawings, Specifications, and other documents made available by the CMAR can be examined and obtained by all bidders. • States the time and place for submitting Bids. • States the time and place Bids will be opened. • Denotes that "(sub)contract(s) is contingent upon release of funds from the City of Fayetteville Funding source. • States that "any (sub)contract(s) awarded under this Invitation for Bids is/are subject to the American Iron and Steel (AIS) requirements. City of Fayetteville West Transmission Main CMAR Scoping Letter • States that "(sub) contract is subject to the Environmental Protection Agency's (EPA) Disadvantaged Business Enterprise (DBE) Program. • States that "Equal Opportunity in Employment is required condition of the (sub)contract(s). • States any special requirements such as mandatory pre -bid conference. • States that "Owner reserves the right to reject any and all bids." • Davis -Bacon prevailing wage requirements apply to Contractors and Subcontractors performing on federally funded or assisted contracts. • Publish the Invitation for Bid advertisement in a manner that meets the requirements placed on the Owner by Laws and Regulations. ■ Maintain a list of all entities that have requested Bid documents for any portion of the Project (plan holders) until Bids are received. ■ Encourage multiple Subcontractors and Suppliers to submit Bids on the Project so that a minimum of three Bids are received for each trade or Bid package. ■ Maintain documentation pertaining to demonstration of good faith efforts to ensure DBE enterprises are aware of procurement opportunities. o For all bid packages, conduct a pre -Bid conference with prospective Subcontractor and Suppliers to familiarize them with: ■ Scope of work included in Bid opportunity(ies). ■ Special requirements of the Contract Documents. ■ Small, disadvantaged, minority and women -owned business requirements. ■ Equal employment opportunity requirements. ■ Prevailing wage requirements. o Obtain responses from the Engineer to all questions at pre -Bid conferences which require a modification to the Contract Documents. Prepare a record of the discussions at the pre -Bid conference to assist the Engineer in preparing Addenda as appropriate. Review and comment on Addenda prepared by the Engineer to incorporate responses to questions raised during or as a result of the conference. o Receive Addenda prepared by the Engineer. Review Addenda for clarity, consistency, and coordination. CMAR will answer, in whole or in part, any questions regarding schedule or coordination related items. CMAR is not acting in a manner to assume responsibility or liability, in whole or in part, for all or any part of the Project design or the content of the Contract Documents by performing these reviews. Distribute Addenda regarding any changes in the Bid process or Contract Documents to all plan holders. Require verification from plan holders that Addenda have been received. Opening Bids o Open bids submitted by Subcontractors and Suppliers for all elements of Work not included in the General Conditions at the time and location so indicated in the advertisement for Bid or as altered by addendum sent to all plan holders. City of Fayetteville West Transmission Main CMAR Scoping Letter o Compare Bids received to the line -item budget prepared for the Project prior to the opening of Bids in accordance with Paragraph 2.03.D. Resolve discrepancies or overlaps in Bid packages to eliminate duplications or the omission of elements of the Work that are not included in the General Conditions. Discuss each Bid received with the Owner and Engineer and recommend which Bid received will provide best value for the Owner. o Evaluate any substitutions or alternate Bids submitted by Bidders. Engineer will evaluate the substitute or alternate Bids to determine the technical merit and to determine that the modifications offered are consistent with the intent of the Contract Documents. The Engineer will determine if the substitution or alternate is acceptable. Substitutions will be evaluated in accordance with provisions of Section 0133 00- Submittals. o Fulfill the contract requirements of any Subcontractor or Supplier that defaults in the performance of the Work or fails to execute a contract after being selected. The Work of this Subcontractor or Supplier may be performed directly by the CMAR or through a replacement Subcontractor or Supplier at the discretion of the CMAR and Owner. The CMAR will not be required to advertise for this Work. Options for GMP Proposals Exceeding the Project Budget o Advise the Owner of market conditions, bid issues, design issues or other factors which may have an impact causing GMP Proposals to be higher than estimated in the Owner's Budget. Discuss opportunities for bringing the Project within Owner's Budget with the Owner and Engineer to assist with making a decision on how to proceed. o Determine if restructuring Bid packages may lead to lower Bid prices. Re -Bid selected original bid packages or restructured Bid packages for portions of the Work identified as having the potential to reduce the overall cost of construction to the Owner's Budget if re -Bid. Advise the Owner and Engineer of impact to the schedule resulting from re -Bidding portions of the Project. Provide CMAR Services for re -Bidding these portions of the Project without additional compensation. o Assist Engineer and Owner in studies to revise the scope of the Project to bring the Project cost within the Owner's Budget. Provide research and cost estimates to evaluate the potential cost savings of each proposed change in scope. Advise the Owner and Engineer of impact to the schedule resulting from re -Bidding portions of the Project and changes in Contract Time that will result from the changed scope of Work. Provide CMAR services for consultation in modifying the Project scope and rebidding these portions of the Project without additional compensation. o Revise the Project master schedule incorporating delays caused by actions taken to return Project scope to within the Owner's Budget. Compensation o The lump sum for CMAR Pre -Construction services is shown on Table A below. A breakdown of the pre -construction fee for the work described herein is included as Exhibit A. Garney will City of Fayetteville West Transmission Main CMAR Scoping Letter submit monthly invoices to the City of Fayetteville based on a percent complete each month. Table A — Pricing Breakdown Pricing Breakdown See Appendix B for CMAR Fee Schedule Preconstruction/Procurement Services Fee (fixed fee) Contractor's Fee (%*) General Conditions *Fee or markup defined as a % of the construction cost, developed at each GMP *Pre -Construction / Procurement Cost based on a 10 Month period from NTP. o PRE -CONSTRUCTION SERVICES FEE —The fee established for the CMAR's Pre -construction Phase Services, which includes all direct and indirect costs incurred by the CMAR Firm in the proper performance of the Pre -construction Services. o CONTRACTOR'S FEE — The amount established in the contract for the CMAR's profit, per the GMP Amendment. This includes, but is not limited to: ■ Profit ■ Overhead and indirect costs such as G&A (general & administrative) ■ Business development costs ■ Principal management project reviews ■ Home office accounting and administration ■ Home office cost for buildings, utilities, furnishings as well as all cost that are not directly attributed to the work for the project. o GENERAL CONDITIONS FEE — The overhead services for the construction phase exclusive of physical construction, will be expressed as a cost plus for the Project. This shall include, but is not limited to: ■ Onsite & Field Management Staff ■ Equipment for onsite Staff • Vehicles and Allowances • Cell Phones • Computers ■ Field office setup • Setup/Removal • Temporary fencing • Furnishings ■ Field office monthly expenses • Office rental • Yard/lot rental City of Fayetteville West Transmission Main CMAR Scoping Letter • Security • Signage • Mail/Shipping • Software licensing • Utility connections and usage • Office consumables • Cleaning, trash, and sanitation ■ Safety training ■ Regular drug screening o It is understood that the following additional construction phase cost items are not included in the Contractor's Fee nor General Conditions Fee: ■ Cost of the construction work ■ Project construction contingency o Escalation shall be managed thru carrying a 1% Escalation Allowance and will be reduced accordingly as GMP's are approved and awarded. Any additional services provided as part of the contract will be billed at the following unit rates. These rates are inclusive of all fringes, vehicle expenses, cell phones, computers, travel, and benefits: 2023 Garnev Construction Regular Time Rates: Sr. Project Manager $231.00 Pre -Construction Manager $231.00 CMAR Advisor $231.00 Regional Manager $277.00 Estimating $191.00 Project Manager $185.00 Asst. Project Manager $166.00 Project Engineer $140.00 Sr. Superintendent $222.00 Superintendent $197.00 Asst. Superintendent $149.00 Field Engineer $158.00 Field Clerk $69.00 Project Coordinator $85.00 Safety Manager $149.00 QA/QC Support $161.00 Foreman (Job Foreman) $102.00 Carpenter $94.00 City of Fayetteville West Transmission Main CMAR Scoping Letter Concrete Finisher $93.00 Pipe Fitter $96.00 Laborer $88.00 Crane Operator $120.00 Equipment Operator $93.00 Intern / Co -Op $80.00 *All construction rates are based on 2023 Regular Time wages and will have a 5% fringe/wage escalation applied for each subsequent calendar year. ** All equipment will be billed at Blue Book rates per current version of Equipment Watch. City of Fayetteville West Transmission Main CMAR Scoping Letter Appendix B CMAR Fee Schedule Carney October 18th, 2023 City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 (479)521-1258 Attn: Corey Granderson, P.E. Re: Garney Construction — CMAR General Conditions Dear Mr. Granderson, 1700 Swift Street, Suite 200, Kansas City, MO 64116 Phone: 816.741.4600 Fax: 816.741.4488 www.garney.com Attached you will find a copy of the mutually agreed upon Pre -Construction, Procurement, CMAR General Conditions, Insurance Percentages, and CMAR Fee of 9% for the West Transmission Main Project. The CMAR General Conditions in the attached are based on the following exceptions and clarification, but not limited to: • Excludes - Material Testing & Inspections • Excludes - Site Laydown & Staging Yards • Excludes - Construction Water • Excludes - Construction Right -of -Way Staking & Surveying • Excludes - Field Trailers for Engineering Staff These Rates and Fees are based on the 30% Documents shared with Garney Construction on August 8tn 2023 by the City of Fayetteville. Feel free to contact us with any questions. Respectfully, Wade Pierpoint ez SR. Project Manager CC: Bill Williams, Exec. Vice President Joey Perell, Regional Operations Manager Sam Marston, Pre -Construction Manager Attachments: Fayetteville — CMAR GCs.pdf 10/18/2023 CITY OF FAYETTEVILLE ARKANSAS Scope of Services A. Pre -Construction Services Project Management Progress Meetings (Assume Once a Month) Design Review Meetings (Assume 2 per month) Third -Party Agency Meetings Constructability Meetings Cost Model Review Meetings Subtotal - Project Management Time Management Develop CPM Schedule Develop Project Phasing Plan Monthly Updates Subtotal - Time Management Cost Management Development of Schedule of Values Baseline Cost Model for Program Detailed Cost Model at 30% Detailed Cost Model at 60% Detailed Cost Model at 90% Develop GMP 1 - Early Material Procurement Develop GMP 2 - Early Work Procurement Develop GMP 3 - Final GMP Subtotal - Cost Management Quality Management Review of Program Standard Details Review of Program Technical Specifications Traffic Control Plan Review Constructability Review at 30% Constructability Review at 60% Constructability Review at 90% Subtotal - Quality Management Development of Startup Startup and Commissioning Plan Development Constructability Review Subtotal - Development of Startup Pre -Construction Support Estimating Support Travel Subtotal- Pre -Construction Support City of Fayetteville Water main Pre -Construction Lump Sum Calculations Project Management Estimated Preconstruction Project CMAR Advisor (Sr. Project SR. Preconstruction/Procur Quantity Regional Manager Manager PM) Superintendent Safety Manager Project EngineerlScheduler ement Manager Unit Hourly Rate 1 $277.00 $231.00 $231.00 $222.00 $149.00 $140.00 $231.00 9 Mo, Include Include Ea. 4 Ea. 4 Ea. 1 LS 1 LS 9 Ea. 1 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 9 Mo. 8 Mo. 8 36 9 36 4 24 8 4 24 4 12 8 4 12 16 72 16 17 72 40 24 40 4 40 24 40 4 72 40 72 8 152 88 152 16 16 40 24 40 4 60 8 24 60 4 24 8 16 24 4 20 8 8 20 4 20 16 20 4 20 8 20 4 30 8 30 24 230 24 104 230 8 4 8 32 32 4 2 4 20 8 20 4 32 8 8 32 4 1 32 1 8 1 8 1 1 1 32 8 1 128 1 24 1 22 128 4 4 4 4 Total Labor Hours 56 586 48 42 209 582 Pre -Construction Services -Total Labor Costs A $ 393,594.00 FEE (10%) B 1 $ 35,423.46 Total Pre -Construction Services Proposal A+B 1 $ 429,017.00 IQ orosarney rnurnoro ADVANCING WATER Total Total Unit Cost Hours Costs 89 $ 20,108.00 64 $ 14,532.00 40 $ 8,988.00 193 $ 43,628.00 104 $ 21,840.00 108 $ 22,948.00 188 $ 39,972.00 400 $ 84,760.00 32 $ 7,392.00 104 $ 21,840.00 156 $ 34,036.00 76 $ 16,284.00 60 $ 13,316.00 60 $ 12,588.00 52 $ 11,468.00 72 $ 16,088.00 428 $ 133,012.00 20 $ 4,584.00 64 $ 14,784.00 10 $ 2,292.00 48 $ 11,088.00 84 $ 19,516.00 84 $ 19,516.00 310 $ 71,780.00 8 $ 1,812.00 8 $ 1,812.00 $ 5,178.00 $ 46,602.00 $ 1,500.00 $ 12,000.00 $ 160,549.00 $ 58,602.00 1,431 $ 393,594.00 City of Fayetteville Garney Companies, Inc. 10/18/2023 City of Fayetteville CITY OF Water main IQ orosarr�ey _ FAY E T T E V I L L E Procurement Lump Sum Calculations rnurnoro IARKANSAS ADVANCING WATER Project Management Preconstruction CMAR Advisor (Sr. Project SR. Project Preconstruction/Prot Total Total Estimated Quantity Regional Manager Project Manager PM Superintendent En meer/Scheduler urement Manager Unit Cost J g ) P g� 9 Hours Costs Hourly Rate 1 $277.00 1 $231.00 1 $231.00 1 $222.00 1 $140.00 1 $231.00 Scope of Services A. Procurement Services Assemble Bid Packages Early Material Procurement Early Work Procurement RFQ Procurement (e.g. Materials Testing) Advertisement for Bids Develop Advertisement Manage Civcast (Bidding Site) Pre -Bid Conferences Develop Agendas Hold Meetings Addenda Manage Addenda Opening Bids Selection Process Bid Evaluations Cost Evaluations Review Details Subtotal - Assemble Bid Packages Subtotal - Advertisement for Bids Subtotal- Pre -Bid Conferences Subtotal - Addenda Subtotal - Opening Bids 3 Ea. 6 Ea. 1 Ea. 6 Ea. 6 Ea. 248 $ 53,648.00 248 $ 53,648.00 40 $ 9,240.00 536 $ 116,536.00 136 $ 27,776.00 24 $ 4,816.00 160 $ 32,592.00 6 Ea. 10 10 10 30 $ 6,020.00 6 Ea. 58 $ 11,724.00 88 $ 17,744.00 6 Ea. 24 24 - 48 $ 8,904.00 6 Ea. 1 1 LS 1 LS 1 1 96 16 40 96 96 16 40 96 20 20 212 32 80 212 - - 18 - 4 18 18 - 28 - 4 28 28 Subtotal - Bid Evaluations Total Labor Hours 12 424 64 4 196 408 Pre -Construction Services - Total Labor Costs A $ 239,736.00 FEE (10%) B $ 21,576.24 Total Procurement Services Proposal A+B $ 261,312.00 96 $ 21,088.00 - 96 $ 21,088.00 104 $ 24,392.00 80 $ 18,480.00 - 184 $ 42,872.00 1,112 $ 239,736.00 City of Fayetteville Garney Companies, Inc. CITY OF FAYETTEVILLE ARKANSRKANSAS Hourly Rate Scope of Services Construction Services Administration Sub—t—t Management Contract E ecution - Eady Material Procurement Contract Execution - Early Work Procurement Contract Execution - Final GMP Project Closeout Documentation Safety Onboarding and Predob Entry City of Fayetteville Water main arnq CONSTRUCT/ON 9 Construction GCs Calculations ADVANCING WATER Project Management Praconstruction Estimated Quantity Unit Regional Manager CMAR Representative Project Manager Safety Manager Project Executive Vice Administration Field CMAR Representative 2 Project Engineer 1 Project Engineer 2 Total Unit Cost Manager 1 Engineer1Schetluler presitlent Clerk Hours $277.00 $231.00 $231,00 $222,00 1 $149.00 $140.00 $136,00 $330.00 $158.00 $140.00 $85,00 21 MO 1 LS 1 LS 1 LS 1 LS 21 MO Subtotal -Atlministration Time Management Maintain CPM Schedule 21 MO Project Phasing Plans 5 EA Monthly Updates 21 MO Certified Payroll 21 MO Subtotal -Time Management Cost Management Pay Application Management 21 MO Cash Flow Ddiverables 21 MO Change Order Management 21 MO Allowance Tracking and Reporting 21 MO AIS Tracking 21 MO Subtotal - Cost Management Quality Management Site Management 21 MO Project Oversight 21 MO Weekly Progress Meetings 21 MO Document Contrd(Submittals and Correspondence) 21 MD Management d Material Testing and Reporting 21 MO Subtotal - Quality Management Risk Management Develop Risk Register 1 LS Maintain Risk Register 21 MO Subtotal - Risk Management Starting and Adjusting Develop Statup Plan 1 LS Startup Meetings with City/Engineer 1 LS Management and Ovemighl of Startup 1 LS Owner Training and Handover 1 LS Subtotal - Starting and Adjusting Warranty Correction Punchimn Closeaul 1 LS Warranty Calls 1 LS Project Finalization 1 LS Subtotal -Warranty Correction GC Items Fidd Office Building (Based on triple wftle and an additional single for inspection) 21 MO Lot Rent (assumed 2 acres on or near jobsite) 21 MO Site Storage 21 MO Site Mobilization/Demobilization (Connection to services, penniting, site development, and removal) 1 LS Safety Equipment and First Aid 21 MO Sanitation 21 MO Office Supplies 21 MO Copier/Reprographics 21 MO Fencing and Site Security 21 MO InternwComm 21 MO Trash & Hauling 21 MO Electricity 21 MO Water 21 MO Drinking Water 21 MO Project Sign 1 LS Project Specific Permitting 1 LS Home Office Travel 21 MO Video and Photo Documentation (Pr&Post ground photos and monthly route flights) 21 MO Vehicles & Gas 21 MO CA GPS (Base Station, Setup, Equipment) 1 LS Misc. CMAR Items (Unloading pre -procurement items, lsydoan management, fencing envimmental areas, atc.) 1 LS Public Relations 1 LS QC (Third Party Testing - By Mherslseparate Bid Package) 0 LS Survey(By others/separate Bid Package) 0 LS Storm War.Management(SWPPP - By dhers/sep.— Bid Package) 0 LS (Blank] Subtotal - GC. Total Labor Hours Total Months Allocated to Project Engineers Estimate $ 65,000,000.00 Construction Personnel A $ 3,831,897.W Construction GC, B $ 1,022,001.72 Tax 9.25% $ 94,535.16 Subtotal A*B*Tax $ 4,948,434.38 ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- 363 1 3,656 3,584 1 2,426 1 3,564 1 3,684 3,684 1 2, 558 2.09 - 21.09 20.56 14.01 - 20.56 - 21.25 21.25 11.87 21.09 Total Labor Total Costs Costs 23,001 $ 3,831,69T.50 E 1,022,001.T2 CITY OF 10 FAYETTEVtLLE ARKANSAS Carney ADVANCING WATER CMAR Pre -Construction Summary Preconstruction 1 Lump Sum $ 429,017.00 Procurement 1 Lump Sum $ 261,312.00 Lump Sum Total $ 690,329.00 CMAR Construction Summary Cost of Construction $ 59,783,464.62 Project Specific Insurance* 1 Lump Sum $ 195,825.00 General Conditions 1 Lump Sum $ 4,948,434.38 General Liability Insurance 1.50% Percent $ 970,978.49 Performance and Payment 0.85% Percent $ 550,221.14 CMAR Fee 9.00% Percent $ 5,980,403.13 CMAR Contingency 5.74% Percent $ 3,812,455.03 Total $ 76,241,781.78 CMAR Construction Summary Total Contract Value 1 Lump Sum $ 76,932,110.78 *Project Specific Insurance Builder's Risk 1 Lump Sum $ 120,525.00 SDI 1 Lump Sum $ 50,000.00 Owners Protective Liability 1 Lump Sum $ 25,300.00 Current 30% Estimate 30% Estimate - 10/16/2023 (COW + CMAR GC's - Mat'I Testing) $ 64,731,899.00 1.15% 8.28% 0.20% 0.08% 0.04% Appendix C RFQ 23-05, Construction Manager at Risk for West Transmission Water Main City of Fayetteville, AR CITY OF Purchasing Division, Room 306 _ FAY E T T E V I L L E 113 W. Mountain Street A R K A N S A S Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 23-05, CMAR for West Transmission Water Main DEADLINE: Tuesday, June 06, 2023 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Tuesday, May 16, 2023 at 2:00 PM via Zoom DELIVERY LOCATION: Electronic via the City's Online Bidding Portal PURCHASING CONTACT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 05/07/23, 05/08/23 & 05/09/23 Late qualifications will not be accepted. Request for Qualifications (RFQ's) shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any statement of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. All RFQ's shall be submitted electronically via the City's Online Bidding Portal at http://faVetteville-ar.gov/bids. Physical submittals are not allowed for this RFQ. The proposer hereby offers to furnish & deliver the articles or services as specified, at the terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 1 of 23 City of Fayetteville RFQ 23-05, CMAR for West Transmission Water Main Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 23-05, Construction Manager at Risk (CMAR) for West Transmission Water Main The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management services as a construction manager at risk (CMAR) for the West Transmission Water Main Project. The project consists of approximately 11.3 miles of 48-inch diameter spiral - welded steel pipeline and associated appurtenances. This pipeline will convey treated water from the proposed Beaver Water District pump station, located north of Highway 612 in Springdale, to the City of Fayetteville's existing 36-inch diameter water transmission main, located near the intersection of Highway 112 and W. Van Asche Drive. The proposed alignment crosses through the cities of Tontitown, Elm Springs, and Springdale as well as unincorporated areas of Washington County. Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price (GMP) development 3. Cost Estimating 4. Sub -contractor bidding and procurement 5. Project and change order pricing 6. Schedule control 7. Cost reduction and control 8. Project coordination with the design engineer and the City of Fayetteville. 9. Project close out 10. Warranty To be considered, statements of qualification shall be received electronically through the City of Fayetteville, Purchasing Division's online bidding platform by Tuesday, June 06, 2023 before 2:00:00 PM, local time. A non -mandatory pre -proposal conference will be held on Tuesday, May 16, 2023 at 2:00 PM via Zoom. Meeting information can be found on the City's online bidding platform. The solicitation RFQ & addendums can be downloaded from the City's web site at http://fayetteville- ar.gov/bids. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Firms submitting a statement of qualification shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 2 of 23 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Ad dates: 05.07.23, 05.08.23, and 05.09.23 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $666.12 City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 3 of 23 City of Fayetteville RFQ 23-05, CMAR for Lake Fayetteville Softball Renovations Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Project Summary and Scope of Work SECTION C: Signature Submittal City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 4 of 23 PAGE NUMBER 01 02 05 13 20 City of Fayetteville RFQ 23-05, CMAR for West Transmission Water Main SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in these documents as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. a. Electronic Submittal: Proposers are required to go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. All Proposers must register in order to be able to submit. There is no fee for registration. Physical submittals are not allowed for this RFQ. SOQ's shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All submittals shall be formatted for standard 8 %" x 11" size documentation. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Proposals shall be limited to twenty- five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be uploaded in a PDF format to the City's electronic platform prior to the stated deadline. b. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed and at that time only for the intended selection. c. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville Purchasing Division. d. Proposals shall be uploaded as a single PDF document to the City of Fayetteville's online electronic bidding platform e. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. f. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. g. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 5 of 23 any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. h. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline, per the online bidding platform being utilized by the City of Fayetteville Purchasing Division. Documents shall be received before the deadline. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 4. EVALUATION CRITERIA: The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 6 of 23 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 7. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. 9. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should refer to their submission status in the online electronic bidding platform to ensure submission confirmation. 10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 7 of 23 b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the Contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 8 of 23 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 18. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS: a. The CMAR shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the CMAR shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ, without exception shall constitute approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the Fayetteville City Council for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 9 of 23 or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor states submitting entity is not a debarred company with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: a. Proposers shall provide documentation that their firm currently has or has applied for a valid Arkansas Contractor's License and is currently registered and in good standing or has applied with the Arkansas Secretary of State. b. Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. c. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. d. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. e. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. f. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via e-mail at (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. g. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 10 of 23 h. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. i. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQ's content or to exclude any relevant or essential data. j. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. k. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. I. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INSURANCE: a. Any project selected under this RFQ shall require professional liability insurance in the amount of $10 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is awarded a contract. Certificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reserves the right to provide builder's risk insurance in the event it results in a cost savings to the overall project. i. Professional/Comprehensive General Liability Insurance: Minimum $10 million ii. Builder's Risk iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law 27. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 11 of 23 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 30 Points — Capacity and capability of the firm to perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 30 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 10 Points — Firm's proximity to and familiarity with the area in which the project is located ****NOTE: Fees shall NOT be included with any statement of qualification. Price shall not be a considered a factor used to select a vendor. Price and fees will not be considered until the negotiating process and will be a factor in the award of any proposed contract. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. CONTINUES ON NEXT PAGE City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 12 of 23 City of Fayetteville RFQ 23-05, CMAR for West Transmission Water Main SECTION B: PROJECT SUMMARY AND SCOPE OF WORK PROJECT SUMMARY The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the West Transmission Water Main project. The project consists of approximately 11.3 miles of 48-inch diameter spiral -welded steel pipeline and associated appurtenances. This pipeline will convey treated water from the proposed Beaver Water District pump station, located north of Highway 612 in Springdale, to the City of Fayetteville's existing 36-inch diameter water transmission main, located near the intersection of Highway 112 and W. Van Asche Drive. The proposed alignment crosses through the cities of Tontitown, Elm Springs, and Springdale as well as unincorporated areas of Washington County. See attached Exhibit 1 for an overall location map. a. Status of Existing Design i. The City of Fayetteville has retained McClelland Consulting Engineers, Inc. (MCE) as the lead design professional for this project. The CMAR will be coordinating the design effort for this project with VICE. ii. The project is currently in the preliminary design phase. VICE is preparing a series of technical memoranda (TMs) and developing 30% design plans. The following TMs are included with current status: 1. TM1— Pipe Material Selection (Complete) 2. TM2 — Hydraulics and Surge Scenarios (Complete) 3. TM3 — Pipe Thickness Design (Complete) 4. TM4— Pipe Coating Evaluations (Complete) 5. TM5 —Corrosion Protection (In Progress) 6. TM6—Trenchless Installation Methods (Complete) 7. TM7 — Utility Conflicts and Constructability (Complete) 8. TM8 — Permitting Requirements (Complete) 9. TM9 — Project Delivery Methods (Complete) All TMs and the 30% design plans are expected to be completed during the summer of 2023. iii. The pipeline alignment has been established and the City of Fayetteville is in the easement acquisition phase. A total of 67 easements are required for this project, and of this total, 25 easements have been acquired and 24 are being actively negotiated by the City of Fayetteville. The City of Fayetteville anticipates all easements to be acquired by the end of 2023. The pipeline will be installed typically within a 50-foot wide permanent easement, with additional temporary construction easements and access easements as required. iv. VICE is performing a geotechnical investigation as part of the preliminary design phase. A total of 76 geotechnical bores are planned. To date, a total of 51 bores have been completed. It is anticipated that the remaining bores will be complete by the end of 2023. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 13 of 23 v. MCE is performing a delineation of Section 404 wetlands and other waters of the US as part of the preliminary design phase. Delineations are in progress on acquired easements and the full delineation report is anticipated by the end of 2023. b. Permitting and Governmental Approvals Anticipated i. City of Fayetteville ii. City of Tontitown iii. City of Elm Springs iv. City of Springdale v. Washington County vi. Arkansas Department of Health vii. Arkansas Department of Transportation viii. Arkansas Department of Energy & Environment, Division of Environmental Quality ix. U.S. Army Corps of Engineers II. Project Schedule: The City of Fayetteville anticipates the project to be substantially complete by the first quarter of 2026. III. Project Funding: The total project funding is to be provided by the City of Fayetteville and other funding sources. The projected budget for the West Transmission Water Main project is $85 million. B). PROJECT INFORMATION & REQUIREMENTS Request for Qualifications (RFQ) responses shall be submitted from one single primary construction manager firm with each additional contracted third -party as a subcontractor to the primary. The primary firm, in addition to any contracted third -party, shall be disclosed with the RFQ response and be considered the project team for the overall construction scope of the project. This requirement to provide subconsultant professionals does not include subcontractor trades for the actual construction items (clearing, erosion control, pipe installation, etc.), as those items will be bid after contract award. II. Responses shall not include price or hourly rates, or any other pricing structure. Pricing shall be negotiated with the top -ranked selected firm only and is not considered part of this selection. The City intends to negotiate each phase as a not -to -exceed fee with the selected firm. III. The primary responding firm shall be experienced as the CMAR for the installation of large diameter spiral -welded steel pipelines (36-inch diameter and larger) in rural and urban areas with hilly terrain. Respondents to this RFQ shall submit at least three (3) similar type projects within the past ten (10) years that demonstrates successful pipeline projects. SCOPE OF WORK Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Selected primary firm shall coordinate with the design team composed of MCE and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 14 of 23 II. PHASE 1: Preconstruction Services a. Review 30% plans and TMs at notice to proceed and provide constructability comments, preliminary schedule and GMP estimate, and other comments related to risk management, time, and/or cost savings. b. Review design documents at key milestones and provide constructability comments, preliminary schedule and GMP estimate, and other comments related to risk management, time, and/or cost savings. c. Attend period design meetings to provide constructability, cost, schedule, and risk management input. d. Provide periodic project schedule and cost estimates. e. Prepare GMP proposals for early work packages and the entire project. Meet with City of Fayetteville and MCE to discuss GMP proposals. f. Develop a procurement plan for separating the design into work packages as required. III. PHASE 2: Construction Delivery a. Procurement Services i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing policies. ii. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. 4. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. iv. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. v. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 15 of 23 vi. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. vii. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. viii. Assist with the design of all Bid Proposals. ix. Review MCE's Recommendation of Award Letter that includes the following required content (and assist with): 1. Check for math errors and reconcile any mathematical discrepancies, 2. Review for unbalance bid items, 3. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate, 4. Review of contractor's financial standing and references provided, 5. Explanation of discrepancies between the Engineer's estimate and bids, and 6. Meet with the City to provide a formal written recommendation of award. 7. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. b. Construction Administration Phase i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. iii. Coordinate with MCE and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. iv. The City of Fayetteville intends to provide regular construction administration services. MCE will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the MCE, and City of Fayetteville staff team at least twice (2) per month. vi. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. vii. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. viii. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. c. Project Close Out Provide Warranty Services during the entire Warranty Period. MCE to issue Warranty Reports and review items after the CM has notified the City that these items are complete. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 16 of 23 ii. Provide support services as needed during the project close out process. iii. Provide close out submittal to MCE for completeness before transmitting to the City which include but are not limited to: 1. Contractor's red lines and as -built notes 2. Provide as -Built record drawings noting any changes to the plans prepared by MCE (in hard copy and digital format) 3. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase. D). PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS: Professional Services: a. Any entity responding to this RFQ shall be a current licensed contractor with or have applied for the State of Arkansas Contractor's Licensing Board. All subcontractors on the project shall be properly licensed by the State of Arkansas Contractor's Licensing Board. b. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFQ response. Cost sharing practice shall be presented in the format of a general best practices approach and contract terms and shall not include pricing related figures. Pricing and fees are not part of the selection criteria and shall not be include with RFQ submittal. c. The resulting contract of this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a firm has been selected based on qualifications. Price will be negotiated with the most qualified firm, as evaluated and voted on by the selection committee. d. Performance and payment bonding. After a contract has been awarded to the selected construction manager (CM) and within ten (10) calendar days of the final construction contract being finalized, provide separate 100% performance and payment bonds (both inclusive of any approved contingency) to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. e. Construction contracts for the project shall not be entered into without both 100% payment and performance bonds in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties. The CMAR shall hold all trade contracts and purchase orders and shall bond and guarantee the project. f. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City. Forms of insurance shall be, Comprehensive General Liability, Builder's Risk, Property Damage Insurance, Worker's Compensation, and Automobile coverage. Such insurance shall be kept in full force and in effect until all work has been satisfactorily completed and accepted. All certificates of insurance shall list the City of Fayetteville as an additional insured. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 17 of 23 g. Ensure all funds spent are in accordance with State of Arkansas procurement laws, including but not limited to: • Ensuring CMAR maintaining a proper license with the Arkansas Contractors Licensing Board • Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board • Compliance with Arkansas state law including but not limited to sections: o A.C.A. § 14-58-1001 o A.C.A. § 19-11-801 o A.C.A. § 17-25-101 o A.C.A. § 17-38-101 o A.C.A. § 17-33-101 o A.C.A. § 12-13-101 o A.C.A. § 12-80-101 o A.C.A. § 22-9-101 o A.C.A. § 22-9-103 o A.C.A. § 22-9-104 o A.C.A. § 22-9-213 o A.C.A. § 22-9-401 o A.C.A. § 22-9-501 o A.C.A. § 22-9-601 o A.C.A. § 22-9-701 o And all competitive bidding statutes shall remain in full force and effect and not be affected hereby o This project shall not authorize a design -build project contract or sub- contracts h. Project and change order pricing i. Schedule control j. Cost reduction and control k. Project coordination City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 18 of 23 I. Project close out m. Warranty II. Submittal Requirements: The RFQ submittal should contain the following response items arranged in order, tabbed, and with a table of contents. In order to issue a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. a. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 23-05. b. Table of Contents: Include a clear identification of the material by section and by page number. c. Letter of Interest: Name, address, brief history of firm and Submitter's interest in the proposed project. Briefly state the agency/firm understands the work to be done and makes a positive commitment to perform the work. Give the name of the person(s) who will be authorized to make representation for the Submitter, their titles, addresses and telephone numbers. Describe the perceived strengths to carry out the project. d. Prolect Team Organization: Provide an organizational chart indicating the relationship between the Submitter's staff members who have responsibilities related to this project. Indicate on the chart the names of key personnel and their titles. Submit professional qualifications and resumes of staff to be assigned to this project, showing where they have performed work on similar projects including Construction Management GMP projects. e. Specialized and Past Experience: Provide information regarding past experience in relation the services requested in this RFQ including information pertaining to customer satisfaction, timely completion, and meeting budgets on similar projects executed under a GMP contracting format. Actual price and fees shall not be included in submittal. f. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. g. Additional Background: All Submitters are invited to include a maximum of two pages of information not included above which may be useful and applicable to this project. III. Items to Specifically Include with Response: Responses shall include the following in addition to other requirements specified: a. Prior experience constructing large diameter spiral -welded steel pipelines (36-inch diameter and larger). b. Prior experience as the CMAR for large diameter spiral -welded steel pipelines (36-inch diameter and larger). c. Statement regarding understanding of pre -construction services and approach to billing for pre - construction services. Included as part of this statement should include a clear definition of understanding for what a Guaranteed Maximum Price (GMP) means. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 19 of 23 d. Records of management teams on similar projects with timely completion, and high -quality workmanship. e. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and engineer on at least 3 projects. These projects should be within the past ten (10) years. f. Current and projected workload. g. Current maximum bonding capacity and rate. h. Proof of licensure from the State of Arkansas Contractor's Licensing Board. E). ANTICIPATED PROJECTTIMELINE: Date Time Description Sunday 5/7/23, 5/8/23, and 5/9/23 N/A Advertisement for RFQ in local newspaper, 3 consecutive days Tuesday, May 16, 2023 2:00 PM Pre -Proposal Conference — open to all interested parties Tuesday, June 6, 2023 2:00 PM Deadline to submit a Statement of Qualification — electronic only TBD TBD Selection Committee Meeting —short list firms TBD TBD Interviews with short listed firms All interested parties are advised, per City Policy, that all contact between interested parties and the City shall be through the City of Fayetteville Purchasing Division. Interested parties are strictly forbidden to discuss this project with any City Staff member or Elected Official. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 20 of 23 City of Fayetteville RFQ 23-05, CMAR for West Transmission Water Main SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, I am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Contact Information At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Name of Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): E-Mail Address: Phone#2: 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 21 of 23 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 1. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Pursuant to Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 7. SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. This section only applies if CMAR is proposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 22 of 23 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: SAM UEI#: PHONE: FAX: E-MAIL: ARKANSAS CONTRACTOR'S LICENSE #: ARKANSAS SECRETARY OF STATE FILING #: Signed by: SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 23 of 23 Exhibit 1 RFQ 23-05, Addendum 1 9% Date: Monday, May 8, 2023 V4W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFQ 23-05, CMAR — West Transmission CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the RFQ. PROPOSERS SHOULD ACKNOWLEDGE THISADDENDUM ON THEDESIGNATED LOCATION ON THEBID FORM. 1. Exhibit 1: Project Map — The overall location map referenced as Exhibit 1 in the RFQ document on page 13 is attached to this addendum. The project regarding this RFQ is only the dark blue line labeled as "Proposed 48" West Transmission Main". City of Fayetteville, AR RFQ 23-05, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Exhibit 1 - Project Map RFQ 23-05, Addendum 2 9% Date: Friday, May 19, 2023 V4W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFQ 23-05, CMAR — West Transmission Water Main CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the RFQ. PROPOSERS SHOULD ACKNOWLEDGE THISADDENDUM ON THEDESIGNATED LOCATION ON THEBID FORM. 1. A non -mandatory pre -proposal conference was held on Tuesday, May 16, 2023 at 2:00 PM via Zoom. The listing of attendees is also attached to this addendum for disclosure to all interested parties. a. Attendees: i. City of Fayetteville: 1. Amanda Beilfuss, Sr. Purchasing Agent 2. Corey Granderson, City Utilities Engineer 3. Tim Nyander, City Utilities Director 4. Nick Batker, McClelland Engineers ii. Vendors: 1. Crossland Heavy Contractors 2. Garney Construction 3. Thompson Pipe Group 2. QUESTIONS: a. Question: What will the contract look like? i. Answer: City is currently working on developing contract and will coordinate with City attorney to complete 3. CLARIFICATION: a. Language has been updated in the RFQ document on page 14, Section B, Item III. RFQ form has been updated to reflect this modification. The section shall read as: The primary responding firm shall be experienced as the CMAR for the installation of large diameter spiral -welded steel pipelines (36-inch diameter and larger) in rural and/or urban areas with hilly terrain. Respondents to this RFQ shall submit at least three (3) similar type projects within the past ten (10) years that demonstrates successful pipeline projects. City of Fayetteville, AR RFQ 23-05, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 City of Fayetteville RFQ 23-05, CMAR - West Transmission Water Main Date: 05/16/2023 at 2:00 PM Meeting ID 84477642470 Topic Pre -Proposal Conference: RFQ 23-05, CMAR - West Transmission Water Main Start Time 5/16/2023 1:55:23 PM End Time 5/16/2023 2:16:09 PM User Email abeilfuss@favetteville-ar.gov Duration (Minutes) 21 Participants 14 CITY OF FAYETTEVILLE ARKANS ARKANSAS Name (Original Name) User Email Total Duration (Minutes) Guest Amanda Beilfuss abeilfuss@fayetteville-ar.gov 21 No Joey Perell 21 Yes Caden DeLay (Garney) 20 Yes Jeff.Peterson 20 Yes Corey Granderson 20 Yes Timothy Nyander tnyander@fayetteville-ar.gov 19 No Nick Batker 19 Yes Wade Pierpoint - Garney 18 Yes Appendix D Garney's Response to RFQ 23-05 CITY OF WA FAYETTEVILLE ARKANSAS RFQ 23-05 Addendum 2 Garney Construction Supplier Response Event Information Number: RFQ 23-05 Addendum 2 Title: CMAR for West Transmission Water Main Type: Request for Qualifications Issue Date: 5/7/2023 Deadline: 6/6/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide construction management services as a construction manager at risk (CMAR) for the West Transmission Water Main Project. The project consists of approximately 11.3 miles of 48-inch diameter spiral - welded steel pipeline and associated appurtenances. This pipeline will convey treated water from the proposed Beaver Water District pump station, located north of Highway 612 in Springdale, to the City of Fayetteville's existing 36-inch diameter water transmission main, located near the intersection of Highway 112 and W. Van Asche Drive. The proposed alignment crosses through the cities of Tontitown, Elm Springs, and Springdale as well as unincorporated areas of Washington County. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss(a)fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Garvey Construction RFQ 23-05 Addendum 2 Garney Construction Information Contact: Scott Phillips Address: 1700 Swift St North Kansas City, MO 64116 Phone: (816) 401-0424 Email: sphillips@garney.com By submitting your response, you certify that you are authorized to represent and bind your company. William D. Williams Signature Submitted at 6/6/2023 10:16:05 AM (CT) Requested Attachments RFQ 23-05, Response Submittal bwilliams@garney.com Email Please upload your completed response, including all required forms. Fayetteville West Transmission Water Main-Garney Companies.pdf Page 2 of 2 pages Vendor: Garvey Construction RFQ 23-05 Addendum 2 u SUBMITTED BY. GARNEY COMPANIES, INC. 1700 SWIFT STREET, NORTH KANSAS CITY, MO 64116 816.741.4600 BILL WILLIAMS (CONTACT PERSON) 719.423.0200 qACneyrnoro SECTION B / TABLE OF CONTENTS A TITLE PAGE 1 H ADDITIONAL REQUIREMENTS 24 TABLE OF CONTENTS 2 a. Experience Constructing Large Diameter Steel Pipelines C LETTER OF INTEREST 3 b. Experience as the CMAR for Large Diameter Steel Pipelines D PROJECT TEAM c. Preconstruction Services ORGANIZATION 5 and Approach d. Records of Management SPECIALIZED AND PAST Teams on Similar Projects EXPERIENCE 14 e. Reference Contacts f. Current and Projected Workload SCHEDULE 21 g. Bonding Capacity h. Proof of Licensure and G ADDITIONAL Certificate of Good Standing BACKGROUND 22 i. Forms SECTION C 1700 SWIFT STREET, NORTH KANSAS CITY. MO 64116 CITY OF FAYETTEVILLE, AR WEST TRANSMISSION WATER MAIN (CMAR), RFQ 23-05 Purchasing Division, Room 306 ATTN: Amanda Beilfuss, Sr. Purchasing Agent 113 W. Mountain Street Fayetteville, AR 72707 Dear Ms. Beilfuss and Selection Committee Members, The City of Fayetteville (City) is committed to providing water for your future needs with the installation of the West Transmission Water Main along the east side of Fayetteville. In support of the City's mission, Garney Companies, Inc. (Carney) will leverage our extensive past experience constructing water transmission mains supplemented by an unparalleled depth of CMAR experience. Understanding the City's need to have the pipeline installed by the first quarter of 2026, Garney has assembled a readily available team with a project -first, CMAR mindset. This team has already started developing a wide variety of innovative ideas to meet your 2026 completion goal. The City will benefit from Garney's proven performance and past partnership to achieve your vision of providing water for future needs through the following critical success factors: CMAR COLLABORATION PROVEN PARTNER WITH A PROJECT -FIRST, CMAR MINDSET Garney's CMAR approach creates a partnership with the City and McClelland Consulting Engineers, Inc. (MCE) to jointly make decisions in the best interest of stakeholders, property owners, and the project. We partner, develop input, and lead the team toward making a decision together. Having completed 234 CMAR projects, in addition to seven combined water projects with the City and MCE, our key team members know how to collaborate and sequence a project to get construction started as soon as possible. UNMATCHED EXPERIENCE INSTALLING LARGE DIAMETER WATER MAINS SPECIALIZED PAST PERFORMANCE TO EXCEL We understand the critical nature of the West Transmission Water Main, and we know that time and commitment are vital. Our national specialized experience installing 1,000+ complex, large diameter pipelines is the ideal match for the schedule demands of this project. Together, we bring an experienced and dedicated team backed by an unmatched depth of resources and national experts. Our experience as both the CMAR and as a self -performing contractor of large diameter pipelines and water infrastructure will be especially critical in alleviating risk for the City and enhancing future operational efficiency. We are certain no other team will bring a greater breadth of knowledge to this project. SCHEDULE ACCELERATION ACHIEVING YOUR VISION BY LEVERAGING OUR EXPERIENCE AND RELATIONSHIPS Garney brings an unprecedented resume meeting aggressive schedules. There are several critical components to the West Transmission Water Main schedule, with an emphasis on the procurement, manufacturing, and delivery of pipe and isolation valves which are driving the schedule. It is also critical that the design and easement acquisition are completed on time. 3 Identified in Garney's schedule, we can procure the piping and valves by PROVEN December 2024, which will keep the schedule completion within the first quarter of 2026. It will also be important to get the tunnels and clearing and PERFORMANCE grubbing completed ahead of the pipe deliveries to maintain the schedule. As an industry leader with national buying power, Garney has built trusted relationships that drive success on our projects. Our relationships with vendors, manufacturers, subcontractors, and technical experts as well as our history of water infrastructure projects in the Central U.S. garners trusted relationships with all of these stakeholders. This will ensure timely delivery of materials, preferred pricing, and subcontractor participation. Working with all CONTRACTOR IN WATER stakeholders, Garney will deliver a project that is safe, cost effective, and one TRANSMISSION LINES-12 that meets your delivery deadline in the first quarter of 2026. CONSECUTIVE YEARS (ENR 2022) By submitting this statement of qualifications, Garney shares the same commitment as the City for the successful delivery of the West Transmission Water Main from notice to proceed through final completion. Our team is 10 immediately available to begin an active partnership with the City and MCE. ENR RANKS GARNEY TOP 10 Sincerely, IN ALL WATER CATEGORIES (ENR 2022) Garney Companies, Inc. 4, O O 2, 6 6 3 William (Bill) D. Williams, Vice President MAN-HOURS SELF- (Authorized Representative) PERFORMED IN 2022, 7911 Shaffer Parkway MAINTAINING A 0.71 EMR Littleton, CO 80127 719.423.02001 bwiIlia msfdgarney.cam i339 RECEIPT OF ADDENDA PIPELINE PROJECTS Garney recognizes receipt of addenda: Addendum #1 dated May 8, 2023 Addendum #2 dated May 19, 2023 234 CMAR PROJECTS WATER PROJECTS COLLABORATING WITH THE CITY OF FAYETTEVILLE AND MCE SECTION D PROJECT TEAM ORGANIZATION ORGANIZATIONAL CHART / PERSONNEL RESUMES This project requires a CMAR team capable of self -performing a large -diameter water main installation while providing best value to the City. Garney offers the City that team. Our team's recent experience includes construction of some of the largest, most complex waterlines in the Central U.S., as well as significant experience with CMAR delivery. The City will benefit by gaining an experienced team of professionals who understand the technical complexity and who know how to foster a collaborative atmosphere. Since Garney is a true builder focusing only on water infrastructure projects, the City can rest assured that the project schedule and cost we provide will be accurate and achievable. As the leader in water transmission pipelines, Garney has the depth and flexibility to supplement labor forces from across the nation, if needed to ensure on time delivery, during peak construction periods. The team organization chart below outlines Garney's team structure identifying committed resources to optimize the CMAR process as well as construction. Resumes featuring team member qualifications and relevant project experience are included within this section. IREFICONSULTINGMcCLELLAND - r- ENGINEERS, INC. SAFETY OFFICER Paul Kerstiens PRECONSTRUCTION SUPERINTENDENT Devon Eberth PRINCIPAHN-CHARGE 1 PRECONSTRUCTION / CONSTRUCTION PROJECT MANAGER Wade Pierpoint PRECONSTRUCTION PROCUREMENT MANAGER Sam Marston ............... CMAR / ESTIMATING ADVISORS PROJECT ENGINEER Kyle Pesci Joey Perell, DBIA Chad Sharbono Key Personnel 5 BILL WILLIAMS Principal -in -Charge Garney Experience: 13 years Industry Experience: 33 years Education University of Southern Colorado, Cum Laude, BS in Civil Engineering Technology Certifications & Training CO Building D Concrete 12441 CO General Contractor 2021-43G MSHA Inexperienced Miner OSHA 30-Hour OSHA Competent Person - Confined Space and Trenching & Excavation Qualifications and Value to the City Bill will oversee all project activity and ensure sufficient resources are available from preconstruction through to final construction. He will also lead all contract discussions and negotiations. Bill has been responsible for the installation of more than $1.2 billion of large -diameter, complex pipelines in the Central and Western U.S., offering the City seasoned expertise regarding risk mitigation, constructability input, and schedule security. Bill will also leverage his deep resume of collaborative delivery work, including 24 collaborative projects, to facilitate strong collaboration, teamwork, and communication across all stakeholders. PROJECT EXPERIENCE fe VISTA RIDGE WATER SUPPLY PROJECT (DESIGN -BUILD) Central Texas Regional Water Supply Corporation ' $540,000,000 Director. Installation of 142 miles of water transmission pipelines including 60" spiral -welded and mortar -lined C200 steel and 54" bar -wrapped C303, three 44 MGD pump stations, one cooling tower, a new wellfield with eighteen wells, seven miles of well collection lines, three 4 MG D110 Type III tanks, and one 10 MG D110 Type III tank, all to deliver 50,000-acre-feet of water per year. CENTRAL MESA REUSE PIPELINE PROJECT (CMAR) City of Mesa, AZ / $75,000,000 Principal -in -Charge. Installation of 10.5-miles of 36" C303 reclaimed water pipeline within downtown streets and requires crossings using auger bores, machined mined tunnels, and hand tunnels, as well as interaction with AZDOT, traffic control, public outreach, deep excavation, paving, and manholes. PHASE 1 B SEGMENT A TREATED PIPELINE Alliance Regional Water Authority $50,448,485 Principal -in -Charge. Installation of 84,039 LF of 48" and 5,000 LF of 42" mortar -lined steel finished waterline with a cathodic protection system. Supplemental work includes the installation of gate valves, CAV structures, drain structures, fiber optic, and one major creek crossing. The trenchless portion includes three separate 66" crossings including an auger bore, hand tunneling, and micro tunneling. RED RIVER VALLEY WATER SUPPLY PROJECT, TRANSMISSION PIPELINE EAST, CONTRACT 5B Garrison Diversion Conservancy District $44,644,077 Principal -in -Charge. Installation of 46,650 LF of 72" C200 steel raw waterline including one 96" auger bore for 108 LF crossing under the Canadian Pacific Railway. Additional work includes the segregation and stockpiling of topsoil for pipe installation and an impressed current pipeline corrosion protection system. ALLIANCE REGIONAL WATER AUTHORITY PHASE 1 B TREATED WATER PIPELINE Alliance Regional Water Authority 1 $37,629,104 Principal -in -Charge. Installation of 83,890 LF of 42" and 36" steel waterlines, twenty-two 72" manholes, and a 775 LF tunneled crossing of State Highway 130. ZONE 3D AND 4A IMPROVEMENTS PROGRAM WATER TRANSMISSION MAIN City of Phoenix, AZ $30,775,962 Principal -in -Charge. Installation of 17,000 LF of 66" mortar -lined and polyurethane -coated steel waterline, manholes, butterfly valves, a 430 LF tunnel under SR-51 using a TBM and 84" steel casing, 22 VF deep excavations, dewatering, deep well rectifiers, paving, extensive landscaping, and wildlife considerations for an endangered tortoise. SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE SOUTH 4A EAST -WEST Colorado Springs Utilities / $26,267,972 Project Manager. Installation of 39,650 LF of 66" spiral weld steel (mortar -lined and polyurethane coated) waterline, fiber optic conduit, asphalt replacement, traffic control, and erosion and sediment control. "a INDICATES PROJECT MEETING MINIMUM CRITERIA 6 JOEY PERELL, DBIA Certifications & Training KS Inspector (Certified Erosion and Sediment CMAR/ Estimating Advisor Control) Garney Experience: 17 years KS General Contractor 463 Industry Experience: 26 years KS Qualified Individual 463 Education Minnesota State University Moorhead, BS in Construction Management Qualifications and Value to the City Joey will provide the team leadership and continuity of management from project conception to completion. He will have in-depth involvement with preconstruction efforts including value engineering, constructability, sequencing, and scheduling. Additionally, Joey will review all estimates, budgets, bid package contracts, and the final GMP. He will use his knowledge of the City's processes to ensure the team is meeting project goals and objectives through high quality and safety deliverables. His 26 years of experience building complex water infrastructure and CMAR projects for municipalities across the Midwest will also be invaluable to this project. PROJECT EXPERIENCE KAW LAKE WATER SUPPLY PROGRAM City of Enid, OK $243,358,908 Regional Operations Manager. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting the Kaw Lake water source to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake and pumped using a raw water intake and intermediate booster pump station through 20 miles of new 30" to 42" raw waterlines to a greenfield 10.5 MGD water treatment plant as well as a concrete storage tank. BOIS D'ARC LAKE - RAW WATER PIPELINE AND LEONARD WTP TO MCKINNEY NO.4 TREATED WATER PIPELINE North Texas Municipal Water District $297,074,437 Senior Project Manager. Includes installation of 212,000 LF of 90" C200 steel raw water pipe, 132,000 LF 84" C200 steel treated water pipe, dewatering, mass excavation, deep excavations, electrical work, manholes, hand tunnels, machined mined tunnels, river crossings, rock excavation, and paving. � INDICATES PROJECT MEETING MINIMUM CRITERIA KS General Contractor - Class A BC-22971 KS General Contractor Unlimited G2CO 2012000000877 KS Qualifying Party G2QP 201805242830 KS Plumbing PLCO 2013000003 KS Master Plumbing PLMA 20130920281 ACI Concrete Field Testing Technician - Grade I Design -Build Professional AS-1188 First Aid & CPR OSHA 30-Hour Supervisory Training I, II & III T-BAR RANCH WELL FIELD DEVELOPMENT & DELIVERY PROJECT (DESIGN -BUILD) Midland Co. Fresh Water Supply District No. $157,692,985 Senior Project Manager. Installation of 205,500 LF of 48" steel and 105,250 LF of 48" C303 water transmission main, and 130,000 LF of 6" to 24" of PVC well field piping. Included rock excavation, hand tunneling, and several manholes. TRINITY RIVER MAIN STEM PUMP STATION & PIPELINE North Texas Municipal Water District $103,509,665 Senior Project Manager. CMAR project that included a 100 MGD intake, pump station with horizontal split case pumps, 87,000 LF of 72" raw water pipeline, upgrades to existing pumping facilities with vertical turbine pumps, micro -tunnel to the Trinity River with T-screen intake, access road, bank stabilization, weir box structure, electrical, SCADA, and communications infrastructure. WATER TREATMENT PLANT NO.2 PHASE II (CMAR) City of Midlothian, TX $17,987,761 Project Manager. Construction of a sedimentation basin, chemical building, recycle pump station, three sludge lagoons, raw water control building, administration building with Biwater reverse osmosis system and Touray membrane process equipment, laboratory, meeting space and shop, electrical, instrumentation and controls, mechanical and site work, and raw water pipeline that taps a 72" and 90" raw water line. VA 0 CHAD SHARBONO CMAR/ Estimating Advisor Certifications & Training Confined Space Entry & Rescue First Aid & CPR Garney Experience: 23 years OSHA 30-Hour Industry Experience: 23 years Education ��j' Louisiana Tech University, BS k---in Construction Engineering Key PersonnE ::%:i- Technology OSHA Competent Person - Confined Space and Silica Qualifications and Value to the City Chad's experience includes managing 49 pipeline projects, including 5 collaborative delivery projects valued at more than $1.1 billion, which will ensure safe, quality, timely, and on -budget delivery of your project. His 23 years of experience building large diameter pipeline projects for municipalities across the South Central U.S., including the City, and knowledge of local conditions will be invaluable to this project. He will facilitate and administrate preconstruction services and direct the team to determine efficiencies and alternatives, advise on selection of materials, provide price alternatives, and suggest VE opportunities. PROJECT EXPERIENCE VISTA RIDGE WATER SUPPLY PROJECT (DESIGN -BUILD) Central Texas Regional Water Supply Corporation / $540,000,000 Design Build Manager- Well collection and Pipeline. Installation of 142 miles of water transmission pipelines including 60" spiral -welded and mortar -lined C200 steel and 54" bar -wrapped C303, three 44 MGD pump stations, one cooling tower, a new wellfield with eighteen wells, seven miles of well collection lines, three 4 MG D110 Type III tanks, and one 10 MG D110 Type III tank, all to deliver 50,000-acre-feet of water per year. � SABINE RIVER PUMP STATION PROJECT (CMAR) Sabine River Authority of Texas 1$63,850,000 CMAR Manager - Pipeline. New 285 MGD intake, 85 MGD raw water vertical turbine pump station, relocation of Camp House Road which ran through the pump station site, 7.5 miles of 66" waterline, and a connection to the existing Gulf Coast Canal system at the terminus of the pipeline which included energy dissipating structures, check structures, and a sedimentation basin. TOWN CREEK DRAINAGE PROJECT (CMAR) City of Huntsville, TX / $9,647,339 Senior Project Manager. Installation of 7,700 LF of open and enclosed channel, removal and replacement of 3,545 LF of 114" concrete box culverts via hand tunneling that included decommissioning of railroad cars, drainage lines, and feeds. HIGHWAY 265 WATER & SEWER MAIN REPLACEMENT City of Fayetteville, AR / $5,062,135 Project Manager. Relocation of lines consisting of 12,000 LF of 36" DIP, 2,000 LF of 24" DIP, and 8,000 LF of 2" SDR-26 PVC waterlines, as well as the relocation 1,500 LF of 12" and 8" SDR-26 PVC gravity sewer line. Included boring along the highway using 48" to 2" steel casing, limestone rock excavation using blasting and hoe -ramming, and an open -cut river crossing with the 36" DIP that involved a cofferdam, bypass pumping, and rock excavation. HAMESTRING LIFT STATION TO WASTEWATER TREATMENT PLANT City of Fayetteville, AR / $4,582,536 Project Manager. Installation of 21,740 LF of parallel 24" and 30" ductile iron pipelines which serve as sewer force mains connecting a new sewer pump station to the new Westside WWTP. Also involved a considerable amount of rock removal and two environmentally sensitive creek crossings. FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENT PROJECTS - LIFT STATION City of Fayetteville, AR $1,398,357 Project Administrator. Installation of a 12' diameter, pre- cast lift station with metering vault, 4,000 LF of 16" DIP force main, and 280 LF of DIP 18" gravity sewer. � INDICATES PROJECT MEETING MINIMUM CRITERIA 8 t�4 ---J - -- - - ---- -- WADE PIERPOINT Certifications & Training Preconstruction /Construction Class "C" Water and Wastewater Operator Project Manager ACI Field Testing - Grade 1 Garney Experience: 19 years Construction Focus Four Hazards Industry Experience: 23 years First Aid & CPR Education OSHA 30-Hour Kansas State University, AS in Civil OSHA Competent Person - Confined Space and Engineering Technology Trenching & Excavation Kansas State University, AS in Supervisory Safety Training I, II & III Land Surveying Qualifications and Value to the City Wade will serve as the Preconstruction/Construction Project Manager and will leverage extensive experience managing over $1.6 billion in water infrastructure projects. His role will involve supervising the project, material approval and procurement, project scheduling, and coordination and communications between all team members. He is well -versed with collaborative delivery and has served in a similar role on 5 CMAR projects— he will draw upon all his experience to ensure successful project coordination during all phases. PROJECT EXPERIENCE VISTA RIDGE WATER SUPPLY PROJECT (DESIGN -BUILD) Central Texas Regional Water Supply Corporation / $540,000,000 Civil Project Manager. Installation of 142 miles of water transmission pipelines including 60" spiral -welded and mortar -lined C200 steel and 54" bar -wrapped C303, three 44 MGD pump stations, one cooling tower, a new wellfield with eighteen wells, seven miles of well collection lines, three 4 MG D110 Type III tanks, and one 10 MG D110 Type III tank, all to deliver 50,000-acre-feet of water per year. BOIS D'ARC LAKE - WATER TREATMENT PLANT AND PUMP STATIONS PROJECT North Texas Municipal Water District $431,922,374 Project Manager. Pre -construction, procurement, and construction services for a water treatment plant with ultimate capacity of 280 MGD, two 70 MGD pump stations, a storage tank, and water and sewer pipelines. Included deep excavations, electrical, and paving. SISTER GROVE REGIONAL WATER RESOURCE RECOVERY FACILITY, PHASE 1 North Texas Municipal Water District $356,124,320 Senior Project Manager. Construction of a new 16 MGD WWTF, a gravity sewer outfall for the discharge of the treated effluent, a new sewer lift station, and twin, parallel sewer force main pipelines from an existing lift station to the SGRWRRF. The plant will include liquid treatment process facilities, preliminary treatment facilities, secondary treatment, tertiary treatment filtration, UV, solids handling, peak flow handling, and plant operations support facilities. KAW LAKE WATER SUPPLY PROGRAM (CMAR) City of Enid, OK . $243,358,908 Senior Project Manager. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting the Kaw Lake water source to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake and pumped using a raw water intake and intermediate booster pump station through 20 miles of new 30" to 42" raw waterlines to a greenfield 10.5 MGD water treatment plant as well as a concrete storage tank. TRINITY RIVER MAIN STEM PUMP STATION & PIPELINE North Texas Municipal Water District $103,509,665 Project Manager. CMAR project that included a 100 MGD intake, pump station with horizontal split case pumps, 87,000 LF of 72" raw water pipeline, upgrades to existing pumping facilities with vertical turbine pumps, micro - tunnel to the Trinity River with T-screen intake, access road, bank stabilization, weir box structure, electrical, SCADA, and communications infrastructure. INDICATES PROJECT MEETING MINIMUM CRITERIA 9 0 AiIiiIIIIIIIIIIIII SAM MARSTON Preconstruction Procurement Manager Garney Experience: 13 years Industry Experience: 13 years Education Kansas State University, BS in Construction Management Certifications & Training ACI Certification Confined Space Entry & Rescue Hazard Comm unication/MSDS OSHA 30-Hour OSHA Competent Person - Confined Space Safety, Silica, and Trenching & Excavation Qualifications and Value to the City Sam will support Chad and Wade with VE and constructability solutions that will keep the project on schedule and on budget. Sam has worked on multiple construction projects during his career in the water industry, including several high -profile CMAR projects. He offers a depth of experience with large diameter water pipeline installations in urban areas, via trenchless technologies and open cut methods. PROJECT EXPERIENCE BOIS D'ARC LAKE - RAW WATER PIPELINE AND LEONARD WTP TO MCKINNEY NO.4 TREATED WATER PIPELINE _ North Texas Municipal Water District, $297,074,437 Project Manager. Includes installation of 212,000 LF of 90" C200 steel raw water pipe, 132,000 LF 84" C200 steel treated water pipe, dewatering, mass excavation, deep excavations, electrical work, manholes, hand tunnels, machined mined tunnels, river crossings, rock excavation, and paving. (« LAKE TEXOMA OUTFALL TO WYLIE WTP PIPELINE North Texas Municipal Water District $281,365,320 Project Engineer. CMAR project for the installation of 253,500 LF of 96" and 84" steel waterline, 240 MG balancing reservoir with HDPE membrane liner installed, 200 MG blending facility, ground storage tanks, metering, blending, and chemical feed systems. TRINITY RIVER MAIN STEM PUMP STATION & PIPELINE North Texas Municipal Water District $103,509,665 Project Manager. CMAR project that included a 100 MGD intake, pump station with horizontal split case pumps, 87,000 LF of 72" raw water pipeline, upgrades to existing pumping facilities with vertical turbine pumps, micro - tunnel to the Trinity River with T-screen intake, access road, bank stabilization, weir box structure, electrical, SCADA, and communications infrastructure. LAKE RALPH HALL PIPELINE, BALANCING RESERVOIR, & LAKE RALPH HALL DELIVERY POINT Upper Trinity Regional Water District $100,000,000 Preconstruction Manager. Installation of 32 miles of 60" pressurized and 72" gravity raw water steel pipelines that includes a machined mined tunnel, deep excavation, and dewatering throughout the alignment. The lines will connect to a new lined earthen reservoir and then connect to the Irving Lake Chapman Pipeline. 36-INCH WEST SHERMAN WATER MAIN City of Sherman, TX $68,000,000 CMAR Advisor. This CMAR project includes approximately 15 miles of 36-inch waterline. Construction includes the installation of water main pipe by open cut and trenchless methods, butterfly valves, drain line manholes with valves, casing, combination air release/vacuum relief valves, service manways, tunnels, a cathodic protection system, SWPPP, traffic control plan, tree and plant protection, site and pavement restorations. GROUNDWATER REDUCTION PLAN PROGRAM, SEGMENT C2 San Jacinto River Authority $9,004,133 Project Engineer. Installation of 16,331 LF of 12" to 24" PVC pressure waterline, 15,358 LF of 30" to 42" C303 bar - wrapped concrete waterline, 2,708 LF of trenchless pipe by jack and bore, 830 LF of 12" fusible PVC by directional drill, 34,395 LF of 3" SDR11 HDPE fiber optic conduit and pull boxes, associated combination air valves, blow -off valves, hydrants, butterfly valves, and gate valves. ti INDICATES PROJECT MEETING MINIMUM CRITERIA 10 PAUL KERSTIENS Safety Officer Garney Experience: 3 years Industry Experience: 29 years Education University of Alaska - Fairbanks, BA in English & Education Certifications & Training EM 385-1-1 40-Hour First Aid, CPR, AED, & BBP Trainer Hazard Comm unication/MSDS NCCER Master Trainer OSHA 40-Hour HAZWOPER OSHA 500 Trainer Course Qualifications and Value to the City In his 29 years of experience, Paul has delivered 4+ collaborative delivery water/ wastewater projects. He has experience leading safety programs for pipeline projects, which include installations in urban and rural settings, and crossing multiple roadways --while achieving annual safety ratings better than the industry standards. PROJECT EXPERIENCE KAW LAKE WATER SUPPLY PROGRAM City of Enid, OK $243,358,908 Safety Manager. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting the Kaw Lake water source to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake and pumped using a raw water intake and intermediate booster pump station through 20 miles of new 30" to 42" raw waterlines to a greenfield 10.5 MGD water treatment plant as well as a concrete storage tank. WOLCOTT WASTEWATER TREATMENT PLANT EXPANSION Unified Government of Wyandotte County $37,170,507 Safety Manager. Construction of a new 2 MGD WWTP that replaced an aging 0.3 MGD plant consisting of chemical feed facilities, aeration basins with diffusers, aeration blowers, submersible mixers, UV disinfection, headworks, influent pump station, odor control system, and concrete outlet structure. Additional work included the construction of a 5 MG earthen storage reservoir, electrical, manholes, paving, the installation of 2,517 LF of 2" to 30" process pipe, 360 LF of 18" and 30" DIP sanitary gravity and force main, and 800 LF of 2" HDPE gas pipe. ARMOURDALE INDUSTRIAL DISTRICT PUMP STATION IMPROVEMENTS Unified Government of Wyandotte County $10,374,000 Safety Manager. Replacement of existing pumps consisting of four new 335 hp submersible influent pumps for a station capacity of 25 MGD, screens, manholes, demolition of existing process equipment and concrete, new VFDs and MCCs, meter vaults, and sanitary force mains consisting of 300 LF of 24" DIP and 150 LF of 12" steel. The work requires bypass pumping, dewatering 40 VF deep piling, paving, and public relations. 60" FORCE MAIN REPAIRS AT BLUE RIVER WWTP (Ut5IbN-bUILU1 City of Kansas City, MO $4,690,250 Safety Manager. Removal of existing platform decking to allow overhead access to the pipelines, asbestos coating abatement, sandblasting, the removal/replacement of bolts and nuts, and coating of the pipelines, nuts, and studs. EAST BOTTOMS PUMP STATION REHABILITATION PHASE 3 City of Kansas City, MO $13,695,224 Safety Manager. Demolition of the existing discharge piping and vault and replacement with a new vault that will sit on auger cast piles. New construction included walls and a deck, electrical, 840 LF of baffle walls in the existing reservoir, new slide gates in the reservoir vault to control the flows, and leak repairs. LIME SLAKERS AND ASSOCIATED EQUIPMENT REPLACEMENT AND LIME UNLOADING SYSTEM City of Kansas City, MO $11,109,341 Safety Manager. Demolition and replacement of lime unloading systems and slakers, electrical, and process piping including 250 LF of 4" and 1" stainless steel and 100 LF of each 2" and 4" DIP waterlines. Additional electrical improvements including new disconnect switches, transformers, switchgear, and lighting for a new electrical room, as well as slaker room ventilation improvements, ducting of lime slaker dust arrestor system, and conditioned space for the new electrical room. INDICATES PROJECT MEETING MINIMUM CRITERIA 11 DEVONEBERTH Preconstruction Superintendent Garney Experience: 8 years Industry Experience: 9 years Education University of Central Missouri, BS in Construction Management Certifications & Training Associate Constructor Certification First Aid & CPR OSHA 30-Hour OSHA Competent Person - Confined Space and Trenching & Excavation Qualifications and Value to the City Devon offers the City a seasoned water/wastewater construction resume including 7 pipeline projects ranging in diameter from 2" - 66". He will leverage his 9 years of experience working on 7 pipeline projects, which included collaborative delivery, to ensure your project is delivered safely, on schedule, and on budget. PROJECT EXPERIENCE KAW LAKE WATER SUPPLY PROGRAM City of Enid, OK $243,358,908 Superintendent. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting the Kaw Lake water source to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake and pumped using a raw water intake and intermediate booster pump station through 20 miles of new 30" to 42" raw waterlines to a greenfield 10.5 MGD water treatment plant as well as a concrete storage tank. UPHAM BROOK TRUNK SEWER Henrico County, VA $25,810,278 Field Engineer. Installation of 13,760 LF of 48" to 66" HOBAS CCFRPM gravity sewer pipe, 67 manholes up to 108", two concrete diversion structures with epoxy coatings 2,450 LF of 8" sewer repair using CIPP, 360 LF of 6" DIP waterline, and the rehabilitation of existing 48" manholes using a cementitious liner. Required five 72" micro tunnel crossings totaling 1,233 LF, a 70 MGD bypass, rock blasting, deep open -cut sewer installation up to 45 VF deep, and 75 LF of river crossings and stream bank stabilization. SOUTH POTOMAC SUPPLY IMPROVEMENT PROJECT (CONTRACT NO. BR4797A08) Washington Suburban Sanitary Commission $14,912,632 Field Engineer. Installation of 10,800 LF of 42" to 24" DIP water supply line, replacement of 5,300 LF of 42" PCCP with DIP, three 60" auger bores totaling 614 LF, demolition and replacement of existing flow control vault, and new SCADA control system. CLINTON ZONE 30"-42" WATER TRANSMISSION MAIN ALONG BRANCH AVENUE - PHASE III Washington Suburban Sanitary Commission $8,503,042 Field Engineer. Installation of 12,413 LF of 42", 2,320 LF of 30", and 60 LF of 20" CL-54 DIP with PRITEC coating, three trenchless crossings using a microtunnel TBM that included 160 LF of 60" RCP casing and 310 LF of 48" steel casing, six 48" blow -off assemblies, twelve concrete vaults, gate valves, and entry ports. EASTERN MIDDLESEX COUNTY REGIONAL WATER SYSTEM PHASE3A Middlesex Water Authority $5,809,550 Assistant Superintendent. Installation of PVC waterlines in residential and busy highway areas that consisted of 56,100 LF of 2" to 12" lines requiring nineteen auger bores, two HDDs, water service connections, air release valves, fire hydrants, and water meters. LAKE GASTON 60-INCH RAW WATER PIPELINE MEHERRIN RIVER CROSSING City of Virginia Beach, VA $3,436,560 Assistant Superintendent. Demolition of an existing 60" aerial raw water steel pipeline, replacement with 200 LF of 60" DIP over a river, installation of 120 LF of the new pipeline using open -cut, support caisson piles, and steel thrust collars around the connection to the existing steel pipe. INDICATES PROJECT MEETING MINIMUM CRITERIA 12 KYLE PESCI Project Engineer Garney Experience: 2 years Industry Experience: 2 years Education Oakland University, AS in Communication Certifications & Training iCup / Drug Testing First Aid & CPR Hazard Comm unication/MSDS OSHA 30-Hour Qualifications and Value to the City Kyle joined Garrey in 2021 as a Project Engineer in Oklahoma. He has experience with pay application processes for CMARs on Davis Bacon projects. His responsibilities include submittal review, plan and specification review, project permits and compliance enforcement, project administration, subcontractor coordination, cost management, submittal coordination, submittal of requests. PROJECT EXPERIENCE KAW LAKE WATER SUPPLY PROGRAM (CMAR) City of Enid, OK . $243,358,908 Project Engineer. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting the Kaw Lake water source to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake and pumped using a raw water intake and intermediate booster pump station through 20 miles of new 30" to 42" raw waterlines to a greenfield 10.5 MGD water treatment plant as well as a concrete storage tank. COLLABORATION HISTORY The team members who comprise our team have collaborated in a number of capacities on water infrastructure projects. Our shared experiences working together will provide value to the process, ultimately maximizing integration and efficiency in the CMAR process. The matrix below outlines our collaboration history on relevant projects as featured within this proposal. Vista Ridge Water Supply Project $540,000,000 (Design-Buildj Bois d'Arc Lake - Raw Water Pipeline and $297,074,437 Leonard WTP to McKinney No. 4 Treated Water Pipeline Lake Texoma Outfall to Wylie WTP $281,365,320 Pipeline T-Bar Ranch Well Field Development $157,692,985 & Delivery Project Trinity River Main Stem Pump Station $103,509,665 & Pipeline (CMAR) Kaw Lake Water Supply Program (CMAR) $243,358,908 Sabine River Pump Station Project (CMAR) $63,850,000 ® 13 SECTION E SPECIALIZED AND PAST EXPERIENCE Garney's diversified pipeline expertise reduces project risk, our national buying power provides maximum cost savings, and our depth of collaborative delivery experience allows us to drive critical CMAR schedules. As the nation's largest contractor in our line of work, Garney has built a hard-earned reputation as the top water/wastewater contractor through unparalleled experience. This results in the safety, quality, and best -value solutions for the City. PIPELINE EXPERIENCE Since 1961, Garney has specialized solely in self - performing construction of water and wastewater pipelines, treatment facilities, pump stations, and storage tanks. Our team's resume working in DOT rights -of -way, major intersections, easements, coordination with property owners, and installations in urban and rural areas is second to none. SELF -PERFORMANCE CAPABILITIES Because Garney can self -perform the majority of work on our pipeline projects (70 - 90 percent), we are able to provide the City with better control of safety, schedule, cost, and quality. We'll employ our national relationships to garner interest in the project soliciting competition. The integrity of the CMAR process is crucial for the success of the delivery. At the end of the day, we're committed to get this project completed on time, and on budget with the surety of our self -perform expertise. INDUSTRY RECOGNIZED LEADERS The fact that we are one of the largest heavy civil contractors in the United States allows us to target projects and commit key individuals specializing in the needs of that specific project resulting in successful project outcomes. This is evident by more than a decade of top industry rankings. Engineering News - Record (ENR) ranks Garney in the Top 10 in all water categories. A sampling of Garney's relevant 2022 ENR rankings are as follows: ► #1 - Water Transmission Lines (12 consecutive years) ► #2 - Water Supply ► #6 - Top 30 All -Environmental Firms ► #87 -Top 100 Construction Management -at -Risk Firms COLLABORATIVE DELIVERY EXPERIENCE Early collaboration offers the strongest combined expertise when the project needs it most —during conceptual design. Collaborative project delivery methods bring the entire team together early in the process. This helps cut costs, accelerate the schedule, ensure safety, and improve productivity. Through our experience, we have developed a streamlined and efficient CMAR management process to jointly make decisions in the best interest of the City. Garney has completed numerous comparable projects nationwide including more than 230 CMAR projects totaling $4.7 billion, and our experience has allowed us to perfect our project delivery approach and management processes to drive project schedules. A sampling of our collaborative delivery experience with water pipeline projects is shown in this section as well as in Section H. CUSTOMER SATISFACTION Highlighted below are several instances in which Garney has been able to meet and exceed clients' expectations. Quality Control Quality is second only to safety in Garney's goals that serve as guiding principles. An example of taking an extra step in terms of quality is on the Sabine River Pipeline and Pump Station project, Garney adhered to a QC plan to ensure the Owner's expectations were met. Though the minimum quality standards were achieved for cast -in -place concrete wall finishes by pointing, patching, and select rubbing, Garney went above and beyond for concrete color consistency between adjacent structures. After completing concrete finishing of the walls on the outlet and check structures, we were not satisfied with the inconsistencies between the concrete wall finishes, even though it was acceptable to the Owner and the QC plan. Garney received Owner approval to apply "TEXCOAT 300" to the exposed concrete wall surfaces at both structures. This product was applied via paint rollers and the result was a consistent surface finish not achievable with select rubbing and pointing and patching alone. Risk Mitigation On the Bois d'Arc Lake project, the CMAR team identified early that the thousands of material deliveries trucked into the pipeline could potentially cause substantial damage to the county roads. The CMAR worked with the District and Counties to develop a plan for remediation of the roads, post construction. Garney hired a third -party company to conduct a road survey that would establish a preconstruction baseline condition of the roads. Using this data, the CMAR developed a matrix that the County and District agreed upon for compensation of the damaged roads based on the degradation of the road as compared to the post construction data. Establishing this understanding gave the County assurance that they would be fairly compensated for their damaged assets while allowing the District to account for a "not -to -exceed" budget for the construction damage. This win/win mentality is a core philosophy for Garney. Startup and Commissioning Success Garney begins with the end in mind. In other words, Garney begins planning for start-up and commissioning at the onset of the project. The Vista Ridge project included a very successful start-up plan and execution. A significant effort was put into completing construction during the fall of 2019 so that the system could begin testing on January 17, 2020, which was the first date the contract allowed the prescribed performance test. At the peak of construction, there were more than 250 employee -owners working on the Vista Ridge project. A key milestone in the project was the performance test. This test was designed to demonstrate that the project could deliver both the quantity and quality of water without impacts or delays. The test included a 28-day duration at varying flow rates and a simulated electrical outage —all while meeting water quality standards. The performance test was started on January 17, 2020—operated by Garney employee - owners 24 hours a day —and was successfully completed on February 17, 2020, after running approximately 1.3 billion gallons of water through the 142 mile system. Guidance in the CMAR Process Garney has successfully led 98 owners through their first-time collaborative delivery project across the nation. Our comprehensive knowledge of industry best practices, attention to detail, and unwavering commitment to client satisfaction makes Garney the go -to partner for a efficient CMAR experience. 15 TIMELY COMPLETION Garney has a proven CMAR reputation regarding meeting project milestones and keeping pipeline projects on schedule. Through our extensive experience in Northwest Arkansas and across the country building large diameter pipeline projects, Garney has the technical knowledge to develop critical milestones and mitigate scheduling challenges should they arise. One key component in ensuring projects are completed timely is the development of a Critical Path Method (CPM) schedule. The CPM schedule will be developed and maintained to be contractually compliant and ensure schedule deliverables, as required in the CMAR Agreement. The schedule will be organized in a manner that easily communicates the status of the project, clearly identifies critical project milestones, and clearly defines a critical path through detailed and accurate logic. Garney's approach to project scheduling, goes beyond contract requirements to better assist the Garney CMAR team, the City's staff, and MCE engineering teams in planning and completing schedule activities and project scope with a definite direction. Garney will work with MCE to refine design milestones incorporating them into the schedule allowing further planning of early procurements and establishing design reviews. Garney will work with MCE to incorporate their design schedules into the CPM schedule to allow planning ahead for early work packages and design reviews. Based on the current design information available, Garney will prepare the conceptual schedule logic for the procurement and construction phases of the project and incorporate this information into the preliminary CPM schedule. Combining the schedule this way will clearly show how the project will progress from the design stages into the procurement stage, and ultimately into the construction stage. After the preliminary schedule is developed, the CPM schedule will be updated monthly and shared with the City and MCE at regular progress meetings. Upon completing design reviews at key design milestones of 30% design, 60% design, and 90% design, Garney will update the CPM schedule, which will be provided alongside other key design milestone deliverables. As bid package contractors are selected and contracts are executed, the first order of business will be to get their complete CPM schedule incorporated and tied into the CMAR Master CPM schedule. The schedule will continue to be updated monthly and submitted as required by the contract. MEETING BUDGETS ON SIMILAR PROJECTS EXECUTED UNDER A GMP CONTRACTING FORMAT Garney has a strong history of meeting budgets on similar pipeline projects. Garney's extensive vendor and subcontractor relationships have proven to be critical components to providing cost certainty. In addition to having strong relationships in our industry, Garney has a proven Guaranteed Maximum Price (GMP) development process that has allowed us to provide GMP proposals within 2-3 percent of the total project costs time and time again. Below is an overview of this GMP development process that we used on a similar project (NTMWD Trinity River Main Stem Pump Station and Pipeline) which would be followed to ensure success on the City of Fayetteville, West Transmission Main Project. The development of the GMP for the NTMWD Trinity River Main Stem Pump Station & Pipeline Project revolved around an open book environment in which the project team, including Garney, NTMWD, and Freese and Nichols, worked closely together to make sure that all parties were informed of the estimated project costs throughout all phases of design. This allowed the project team to make decisions that could potentially impact project costs as efficiently as possible, which contributed to being able to maintain an aggressive completion schedule. Shortly after receiving the conceptual designs for the Main Stem Pump Station and Pipeline and a detailed breakdown of the engineer's estimate, Garney worked in close coordination with Freese and Nichols to verify the engineer's estimate and establish a baseline CMAR conceptual estimate for the pump station. This involved a very detailed review of the engineer's estimate and required breaking the estimate down into more detailed unit pricing. As the CMAR conceptual estimate was completed, the project team worked together to decide the appropriate design contingency that should be included in the estimate at that time. As the design progressed from conceptual to 30% design, the project team met regularly for project scoping, design reviews, and project teaming. This included regular meetings with the engineering discipline leads to review upcoming changes and discuss potential costs associated with these changes, all of which was tracked on the project issues log (PIL). During project scoping meetings, the project team developed a bid package schedule that showed the anticipated work packages for the project and identified the early work/procurement packages. `[l This enabled the engineers to concentrate on the work included in the early work packages, allowing these packages to be advertised as early as possible. Once Garney received the 30% design documents, we promptly provided an estimate based on the 30% design which was reviewed again by the other project team members. The cost estimate included a breakdown and summary of changes from the conceptual estimate to the 30% design estimate. As the design progressed from 30% to 60% design, the project team continued to meet regularly for additional design reviews. During this time, Garney maintained the PIL. As a result of the timely discussions regarding early work/procurement packages, the design of the horizontal split cased pumps had progressed enough to allow the procurement of these long lead items to begin. Garney solicited bids for the pumps and the project team evaluated and selected pumps. Once Garney received the 60% design documents, we provided an updated estimate based on the 60% design which was again reviewed by the other project team members. The cost estimate included a breakdown and summary of changes from the 30% design estimate to the 60% design estimate. As the 60% estimate was completed, the project team worked together to decide the appropriate design contingency that should be included in the estimate. PRECONSTRUCTION As the design progressed from 60% to 90% design, the project team continued to meet regularly for additional design reviews, during which time Garney continued to maintain the PIL. At this time, the design had progressed enough to allow the procurement of several large pieces of electrical equipment and an early work package for site clearing and road construction to begin. Garney solicited bids for these items, which were evaluated by the project team. Once Garney received the 90% design documents, Garney provided an updated estimate based on the 90% design which was reviewed by the other project team members. The cost estimate again included a breakdown and summary of changes from the 60% design estimate to the 90% design estimate. Contingencies were discussed again as a team. As the design progressed from 90% to 100% design, the project team continued to meet regularly for final design reviews, and construction meetings for the early work packages. At this time, the design of the pump station structural concrete had progressed enough to allow Garney to solicit bids for the pump station structural excavation and concrete package. Once these bids were received, the project team evaluated and selected the contractor for the work. Prior to receiving the 100581 design documents for the pump station, Garney provided a proposal to establish the GMP for the project. Upon receiving 100% design documents, Garney solicited bids for the remaining scopes of work, which were evaluated by the project team and the remaining construction contracts were issued by Garney. P CONSTRUCTION 0 VISTA RIDGE WATER SUPPLY PROJECT DELIVERY METHOD (DESIGN -BUILD) DESIGN -BUILD San Antonio, Texas ENGINEER This project, designed and constructed for Central Texas Regional PAPE-DAWSON ENGINEERS Water Supply Corporation, included the installation of potable water transmission pipelines consisting of 105 miles (556,000 LF) of 60" spiral -welded and mortar -lined C200 steel and 37 miles (193,760 COMPLETION DATE LF) of 54" bar -wrapped C303 concrete cylinder pipe, three pump APRIL 2020 stations with rated capacities of 44 MGD each, one cooling tower, a new wellfield including nine well sites and eighteen production wells from FINAL CONTRACT 1,500'to 2,500' deep, seven miles of well collection lines, three 4 MG $540,000,000 D110 Type III aboveground concrete tanks, and one 10 MG D110 Type III aboveground concrete terminus site tank, all to deliver 50,000-acre-feet of water per year. The alignment included 105 different tunnels under REFERENCE CONTACT roadways and three river crossings using hand -mined and boring machine CENTRAL TEXAS REGIONAL tunneling methods. WATER SUPPLY CORPORATION Mark Rose (512) 925-5064 PO Box 15851 San Antonio, TX 78212 RELEVANT EXPERIENCE TO THE WEST TRANSMISSION WATER MAIN OER STEEL g CMAR OR OR LARGER � � PIPELINE � COLLABORATIVE DELIVERY 0% RURAL, URBAN, OFWORK ORMORE � � HILLOR HILLY � ��i WITHI N 18 0 T-BAR RANCH WELL FIELD DEVELOPMENT DELIVERY METHOD & DELIVERY PROJECT (DESIGN -BUILD) DESIGN -BUILD Midland, Texas ENGINEER After suffering from severe drought conditions over the past several BLACK & VEATCH years, Midland faced a water shortage in 2013. Two of the city's three water reservoirs were nearly drained, and the third only 15%full. This project included 60 miles of 48" transmission main and 21 miles of COMPLETION DATE well field collector piping, all installed in 10 months. The pipe sections MAY 2013 consisted of 205,500 LF of 48" steel waterline, 105,250 LF of 48" C303 waterline, 10,000 LF of 36" C303 and 100,000 LF of 6" to 24" FINAL CONTRACT PVC pipe. The project also included the installation of new electrical $157,692,985 power feeds to all facilities, 44 production wells, a 20 MGD high service pumping station including four 900 hp vertical turbine pumps, a 2 MG well field above ground D110 Type III storage tank, chlorination facility, REFERENCE CONTACT telecommunication towers, and a 5 MG intermediate above ground D110 MIDLAND CO. FRESH Type III storage tank. The project required 200,000 LF of rock trenching WATER SUPPLY DISTRICT NO.1 excavation, 1,750 LF of hand -mined tunneling, and over 115 air release Jay Edwards valve structures. Teamed with Black & Veatch in a consortium agreement, (432) 681-6199 and Parkhill, Smith and Cooper as a partner, Garney designed and 1700 W Wall St Suite 100 constructed this project. Midland, TX 79701-6578 RELEVANT EXPERIENCE TO THE WEST TRANSMISSION WATER MAIN OER STEEL g CMAR OR OR LARGER � � PIPELINE � COLLABORATIVE DELIVERY 0% RURAL, URBAN, OFWORK ORMORE � � HILLOR HILLY � ��i WITHI N 19 0 SOUTHERN DELIVERY SYSTEM RAW WATER PIPELINE SOUTH 4A EAST -WEST Pueblo, Colorado Work for this $26 million contract was broken up into East and West portions, separated by Interstate 25, and began at the Pueblo/El Paso County line. The West portion consisted of 26,980 LF while the East side included 12,669 LF of 66" spiral weld steel (mortar -lined and polyurethane coated) waterline. Other project components included asphalt pavement replacement, fiber optic conduit installation, passive anode cathodic protection, traffic control, erosion and sediment control, and re -vegetation. All segments of the pipeline now carry raw water from the Pueblo Dam to the City of Colorado Springs. DELIVERY METHOD DESIGN -BID -BUILD ENGINEER CH2M (NOW JACOBS) COMPLETION DATE DECEMBER 2014 FINAL CONTRACT $26,267,972 REFERENCE CONTACT COLORADO SPRINGS UTILITIES Brian Whitehead (719) 668-8261 121 South Tejon St Suite 200 Colorado Springs, CO 80903-0920 RELEVANT EXPERIENCE TO THE WEST TRANSMISSION WATER MAIN O36"DIAMETER � STEEL 0 CMAR OR OR LARGER � PIPELINE � COLLABORATIVE DELIVERY 0% RURAL, URBAN, OFWORK ORMORE � � HILLOR HILLY � ��i WITHI N 411 SCHEDULE I SECTION F City of Fayetteville West Transmission CITY OF Water Main - CMAR • FAY E T T E V I L L E IQarney ARKANSAS ADVANCING WATER NTWM.PMCon CMAR Request A1000 CMARRFPPdaA52rtat A1010 CMARRPP-Pieeq Meefng A11� RFPSlbrtiae'm Easement A1030 All Esserefi4 q .2 Geotechlical Inver A11011 Gmk'JrialFwsEpiatia A11111 RaIlGalanra'Repad A11Z1 Gm6YnmlRga[Gin PWTWM.3 PreCore� 1 W 3.1 30%Oesgn A11W Cand��'h0mgi 1 W 33 60%Desgn A114J 65h0e;IgiWpkSMps A11B3 :Dedgi Mlestre A119. 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A1160 Cartn'eeicnyBCmdri4p A1]40 Si�bEalGnplefm AIM Pmchtiet WJu-23 � 13J m � 281>c23 31Ja'2a 1C 0 1a-Febza 7-1.-,i--,,z_7 Ma-23b-23,,_ 4Apr-31Psp}24 ® ZC C61vb-2d OM1Ap-24 E �Ma-24 OaAp-2a ��Ma24 OaAvA 2L �Ma-24 OaAp-24 4 24M {24 18JLL24 E 24Ma{24 Zhlut24 E 21Jm2d 18JLL24 5P 141.b-24 31htrp24 laana-za manna-za 2aa�2a a3Ma,.za mi 21- _x 1i Ma OBJ_. �frt -24 01Ja'25 3Ap-Z4 29Ja'25 i8frlr-24 31JJ DMa-A M-24 ?8Ma-24 MAWN i8Ma24 31J424 ? _2t fO &N �htr-2M1 Q2JaF2i 2H _24 C"w24 WMat24 05JUF24 OBJv.29 0]-Aig29 OBAig31 04CG2A 14SeP31 O1Jm25 10U421 114Jeo-2l 02Jen£a B2Ja'ZS 214Vps3i 18M4-� 214Ws� lBAm25 C0.1a�2-i 2-JLt 2-i C0.1a'2i 2-iOm25 C60 t-25 18fu§-'eb aiCeva WAtr i6 26Ceo-25 ZNa'26 ZiJa'25 ZiJa'2fi 25.1a'26 O6htr-ib ��►03A 32J.FW]WMP�e('in CM4RRRe4TaattYP�aBAvsd '�, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, �, RFPR@nex Citytl'Fa,9�aAleB MSlstlapCnelBgErgpeas,Yc RFP SIML9 Bm�tlAlpgel - sessessessesser 01Ja'31,FWTNMI PiPlneNgms/-Ea3adatApli.. Eas 1AW nA. HJm.K FWTWM2 Gepbd'ria_,letim 16JJI-24,FWTYM3PnsGrans : IVA921fWMN l30° Dem n 13Ma{4MMM3 PMDeagi W%DeaiTWak ShgB - ____------- -- -- --------- -------------- ------- CdugN D-4EalyWBld Packps Eats MBlEDC ene 13Ma-24,MMM327 StlitlYAm SaN,1 SS#1-MN tiaeSieR SSN1-Btl Pkag Bid E�elldmsatl Selecim� �______ W.IaF�,FW1lMM ill Bitl Pa}.w-Biding _ --•--_____ __ --, ' CpaNrAm SNtlig ' E're('m1d my E FtRNt m8 Cit galGyl ' � 2'jAH,•31,FWTNH1.331 StlitlnfpjS9fk Pad Je&d EcelAatatl59s SdipLaOm Sdk2- SSiR-QHaC1Ewb.M1 '., S,nnillJFsellaf Pskej S.Tn t 8 4, ieellsl Pelage RjMWa{ Reltbl � 30WN9 TW'M5 BmtlPpie 9 19hj3-?S,PNl4 C�lrtdsanngBCuvrfsGni ', SWslasa Cmp¢son ', Puck 4 Actual Work Critical Remaining Work Summary I Page 1 of 1 TASK filter: All Activities Remaining Work ♦ ♦ Milesbne © Oracle Corporation SECTION G ADDITIONAL BACKGROUND ADDITIONAL BACKGROUND Different geology profiles are always challenging for pipeline contractors, NW Arkansas is no exception. In fact, Arkansas' chert and limestone formations are some of the harshest ground conditions in the country. Garney's first pipeline project in Arkansas dates back to 1982, and since then we have laid nearly 60 miles of pipe in Arkansas' various types of terrain. This demonstrated prowess, along with our longstanding relationships with local tunneling and blasting subcontractors, provides the City of Fayetteville the peace of mind that no matter the challenge, Garney knows what it takes to build large diameter pipelines in NW Arkansas. Over the last 18 years, Garney has been privileged to be the CMAR on more than 30 water infrastructure projects in TX, OK, KS, and TN, totaling more than $2 billion in project value. We are the regional CMAR experts you need for this challenging project. We are especially proud of the Beaver Lake Intake Structure which included construction of a new intake facility and a new 60" raw water pipeline for Beaver Water District. ABC (Associated Builders and Contractors) bestowed their "Excellence in Construction" award to Garney for this project in Lowell, AR. The 60" raw water pipeline project topography is similar to this West Transmission Water Main project in Fayetteville. Garney embraced the challenge of installing large diameter (60") pipe in hilly terrain in NW Arkansas, along with significant rock excavation. The Beaver Lake Intake Structure constructed by Garney won Excellence in Construction by the Associated Builders and Contractors association. This project is similar in nature to the City's West Transmission Water Main. Bid Package Experience Through Garney's CMAR experience, we have established a proven method for developing bid packages and the procurement process. A preliminary list of work bid packages is outlined in the chart shown below. Bid Package Development I i On Description M11 CMAR Provided 1.01 Steel Pipe Manufacturing CMAR Provided 1.02 Large Diameter Valves CMAR Provided 1.04 Small Diameter Valves CMAR Provided 1.05 Air Release Valves RFQ 1 Materials Testing RFQ 2 Road Survey Analysis Easement / Tunnel All 2.01 Construction Staking All 2.02 SWPPP Installation and Inspection All 2.03 Tunnel Liner Plate / Casing Installation All 2.04 Pipeline Clearing and Temporary Fences A 3.01 Segment A - Pipe Installation B 3.02 Segment B - Pipe Installation All 3.03 Specialty Tunnel Installation (If Applicable) W PRIOR PROJECTS IN ARKANSAS We have established strong relationships with Owners across the state, as well as local and national suppliers, subcontractors, and regulatory agencies, providing timely response for modifications that may arise during construction. We are committed to managing the challenges and complexities in the construction of your project. Garney's experience includes 30+ water infrastructure projects in the state of Arkansas, including five with the City. A sample of relevant projects are featured below. Water Transmission Contract 1- 48-Inch PCCP // City of Bentonville, AR $14,914,765 August 2007 48" // 72,750 LF X X X Beaver Lake Intake Structure 11 Beaver Water District $13,561,643 July 2005 60" // Microtunnels X X X Q 48" Water Transmission Main 11 Springdale Water and Sewer Commission $6,657,246 April 2010 24" to 48" // 25,600 LF X X X South Source Water Transmission Main /I City of Jacksonville, AR $5,998,391 December 2015 48" //850 LF X X X Beaver Lake Contract 5 - Sludge Handling Facility 7 Beaver Water District $5,955,447 November 2005 4" to 36" // 6,965 LF X X X Q Q Highway 265 Water & Sewer Main Replacement City of Fayetteville, AR $5,062,135 April 2012 24" to 36" 14,000 LF X X X 0 Hamestring Lift Station to Wastewater Treatment Plant City of Fayetteville, AR $4,582,536 October 2006 24" to 30" 21,740 LF X X Raw Water Delivery System // Tractebel Power Development $4,001,683 October 2002 12" to 24" „ 19,200 LF X X 54th Street Water Line - 36-Inch Transmission Line // City of Fort Smith, AR $3,633,957 January 2004 36" 1117,200 LF X X 60" Raw Water Pipeline // Beaver Water District $3,250,386 November 2004 60" // 10,400 LF X X X Water Treatment Facility Improvements // City of Siloam Springs, AR $3,157,929 September 2021 24" // 12,250 LF X Northbelt Section C - 42" Water Main Installation 11 Central Arkansas Water $2,466,722 April 2012 42" //9,500 LF X X Franklin -Sebastian County Water Line Schedule II Franklin -Sebastian Public Works Authority $1,950,178 April 2011 8" to 24" 1/23,500 LF X X 36-Inch Subaqueous Waterline Crossing // Conway Corporation $1,891,368 April 2021 36" // 300 LF X X Q WL10A Gravity Sewer Main Cities of Farmington and Fayetteville, AR $1,750,122 February 2010 12" to 21" // 11,000 LF X X 0 Fayetteville Wastewater System Improvement Projects - Lift Station // City of Fayetteville, AR $1,398,357 May 2008 16" to 18" // 4,280 LF X X 0 Wastewater System Improvements, Cities of Farmington and Fayetteville, AR $1,376,586 October 2008 16" 1110,000 LF X X 2004 Water Revenue Bond // Rogers Water Utilities $1,372,365 May 2005 24" 117,700 LF X Dogwood Street / Turtle Creek Valley Water Main Extension // Rogers Water Utilities $1,357,695 July 2007 24" 117,500 LF X AMO Classyard 36-inch Well Line Replacement & Well #19 Connection 11 Evergreen Packaging $716,000 March 2015 42" and 48" // 825 LF X X Phase II -A Water Transmission Facilities Carroll -Boone Water District $ 642,472 December 1982 36" //158,400 LF X X X 48-Inch Bentonville Repair f City of Bentonville, AR $392,625 April 2021 48" // 80 LF X X X v INDICATES PROJECT WITH THE CITY OF FAYETTEVILLE O INDICATES PROJECT WITH MCE 23 SECTION H ADDITIONAL REQUIREMENTS a. Experience Constructing Large Diameter Steel Pipelines Three projects that best demonstrate Garney's relevant experience similar in size, scope and complexity self - performing the installation of large diameter steel pipelines are featured below. Water Resources Integration Program Elmendorf, Texas The Water Resources Integration Program (WRIP) consists of approximately 45 miles of water transmission pipeline that conveys water from San Antonio Water System's (SAWS') Twin Oaks Aquifer Storage and Recovery (ASR), Carrizo and Brackish Desalination programs located at the SAWS Twin Oaks Facility property in south Bexar County, to new and existing facilities in western and northwestern Bexar County. Construction included 146,800 LF of 60" mortar -lined and polyurethane -coated steel pipe; 22 butterfly valves; 29 84" ARV valves with vaults; a 96" meter/valve vault; multiple 72" and 78" tunnels, including five tunnels under highways and railroads; micro -tunnels; and three stream crossings. Start Date: January 2015 Completion Date: April 2016 Final Contract: $73,021,964 Owner Reference: Meagan Brown, PE, PIMP (now with Freese and Nichols) San Antonio Water System T: (817) 735-7300 Section 14-1 of the Integrated Pipeline Project Waxahachie, Texas This project included the installation of 78,641 LF of 108" mortar -lined and welded steel waterline by a combination of open -cut and tunneling in primarily open country. Soil conditions were mostly limestone rock requiring double cutting by hard rock chain trenchers prior to excavation and pipeline installation. There were four areas that required 40 VF deep excavations totaling 450 LF. The project also included 950 anodes for a galvanic cathodic protection system, 58 manholes, 24 air release valves, 30 blow -off valves, 1,981 LF of 130" to 168" of hand tunneling including 835 LF for a tunneled crossing of 1-35 East, a railroad, several large creek crossings in rock, and three existing high-pressure gas lines ranging from 30" to 42" in size. Owner Reference: Start Date: February 2016 +Brian Coltharp Completion Date: December 2017 Final Contract: $47,080,639 Freese and Nichols . T: (817) 735-7300 WC-0506 and WC-0766: 48-Inch Water Main / Transmission Main Extension Projects Oklahoma City, Oklahoma These projects included the installation of 18,400 LF of 48" steel and mortar - lined steel pipe, 48" butterfly valves and poured -in place vaults, 4" ARV valve assemblies with poured -in place vaults, and fire hydrants. The scope also included required construction dewatering, working with sandy soil conditions, a 66" auger bore underneath 1-40 in Oklahoma City along with seven 66" tunnels underneath major city roads, totaling 900 LF of tunnels, as well as miscellaneous pavement restoration and sodding. Start Date: May 2013 Completion Date: December 2017 Final Contract: $7,835,242 Owner Reference: + Dustin Seagraves City of Oklahoma City, OK T: (405) 482-4654 24 b. Experience as the CMAR for Large Diameter Steel Pipelines Projects that best demonstrate Garney's relevant experience similar in size, scope and complexity as CMAR for the installation of large diameter steel pipelines is shown below and on the following page. Bois d'Arc Lake - Raw Water Pipeline and Leonard WTP to McKinney No. 4 Treated Water Pipeline (CMAR) Leonard, Texas Garney served as the CMAR in addition to self -performing the installation of 212,000 LF of 90" C200 steel raw water pipe,132,000 LF of 84" C200 steel treated water pipe, and all associated appurtenances. Construction is also included dewatering, mass excavation, deep excavations, electrical work, manholes, hand tunnels, machined mined tunnels, river crossings, rock excavation via hoe ramming and trenching, and paving. This project had sections cross through residential areas, requiring public relations as well as parallel busy roads. Owner Reference: Start Date: April 2017 +Cesar Baptista, P.E. Completion Date: March 2023 Final Contract: $297,074,437 I North Texas Municipal Water District T: (972) 442-5405 Lake Texoma Outfall to Wylie WTP Pipeline (CMAR) Wylie, Texas With a growing population and severe drought conditions, NTMWD required full access to its surface water stored in reservoirs on a permanent reliable basis. When one of the District's key storage reservoirs was infested with zebra mussels, the District's ability to access the water stored in the reservoir was limited by the government and involved interactions with the US Army Corps of Engineers, USGS, Texas Parks and Wildlife, and TCEQ. A new transmission and storage method were required to access 28% of its total capacity. Garney served as the CMAR in addition to self -performing the installation of 206,000 LF of 96" and 47,500 LF of 84" steel waterlines, 6,000 LF of 78" to 102" hand -mined liner plate tunnels with entrance shafts installed 20 VF deep with shoring, 1,000 LF of open -cut creek crossings which required dewatering and road crossings, 240 MG balancing reservoir that required excavation of 1.2 million CY of on -site material and included an HDPE membrane liner, 200 MG blending facility, five D110 Type III blend and surge tanks ranging from 1.1 MG to 2.69 MG, metering, blending, fiber optic lines, and chemical feed systems. The plant was required to run at full capacity during construction. Owner Reference: Start Date: January 2012 +Cesar Baptista, P.E. Completion Date: July 2014 Final Contract: $281,365,320 I North Texas Municipal Water District T: (972) 442-5405 ►1. b. Experience as the CMAR for Large Diameter Steel Pipelines (Cont.) Trinity River Main Stem Pump Station & Pipeline (CMAR) Rosser, Texas This CMAR project included the construction of an intake, pump station facility, and forebay constructed within an excavation, four 1,500 hp horizontal split case centrifugal pumps for a total capacity of 100 MGD near the Main Stem of the Trinity River, installation of two 48" micro -tunnels to the Trinity River with a T-screen intake inside an engineered cofferdam comprised of sheet piling inserted at 30 VF deep and consistent dewatering, construction of earthen flood protection berms over 2,500 CY surrounding the pump station to protect the pump station from river flood events, an access road to the intake site and bank stabilization, provision and installation of two 3,500 hp raw water vertical turbine pumps at the conveyance pump station for a capacity of 200 MGD, upgrades to the weir box structure at a diversion pump station, Garney served as the CMAR in addition to self -performing the installation of 86,821 LF of 72" C200 spiral weld polyurethane -coated mortar -lined steel raw water pipeline, numerous in -line valves, air release valves, blow -off valves, tunneled crossings, electrical, SCADA, and communications infrastructure. Start Date: October 2016 Owner Reference: + Travis Markham Completion Date: October 2019 I North Texas Municipal Water District Final Contract: $103,509,665 T: (469) 626-4724 Kaw Lake Water Supply Program (CMAR) Enid, Oklahoma The City of Enid, OK is pursuing a new surface water supply from Kaw Lake to satisfy the anticipated annual average water supply deficit of 9.2 MGD through the year 2048, with a full build -out capacity of 21 MGD. The Kaw Lake Water Supply (KLWS) system will provide water to the City by connecting Kaw Lake to the City's distribution network. The City's water supply will be provided by combining the groundwater and surface water conveyed from Kaw Lake, about 75 miles northeast of Enid, and pumped through new waterlines to a new 10.5 MGD water treatment plant operated by the City. The water will be stored, treated, and distributed to meet the projected demand. This Construction Manager at Risk project began with a preconstruction phase including a preliminary evaluation of the City's program, schedule and budget requirements, procurement of materials and equipment, subcontracting, permitting, risk management plans, and environmental and tribal considerations which is followed by the construction phase including bid package development, construction of the pump stations, pipeline, and treatment plant, followed by testing. The scope includes a 39' x 100' deep wet -well pump station shaft connected to a 72" x 500' tunnel excavated by a micro tunnel boring machine (MTBM). Garney is serving as the CMAR in addition to self -performing the installation of the tunnel at the bottom of Kaw Lake that contains 72" steel casing houses 42" steel mortar -lined raw water intake pipeline,1,800 LF of 8" stainless steel air burst pipe, and 7,200 LF of 1" stainless steel pneumatic valve operator pipe. Owner Reference: Start Date: January 2017 +Angela Rasmuson Completion Date: December 2023 Final Contract: $243,358,908 City of Enid, OK T: (580) 616-7242 26 c. Preconstruction Services and Approach The preconstruction phase is a critical component for the overall success of the project. There are six major parts that Garney will focus on during preconstruction: Collaboration, Scheduling, Constructability, Value Engineering (VE), Bid Package Development and Estimating. Our recommended GMP development process is outlined in the graphic below. This approach is based on the provided design documents (30%, 60%, 90% design) and information received on the project thus far. Our team of CMAR experts will adjust this approach based on the needs of the project and the team. Garney suggests weekly team meetings to collaborate and establish the GMP. Our completely transparent budget process will allow all the stakeholders to see the financial effects of constructability and VE decisions in real-time, allowing timely decisions that are in the best interest of the project. The schedule is also established once we receive the initial documents, and like estimating, Garney will schedule the project without influence from the deliverable date to ensure the project can be completed by the first quarter of 2026. Receiving proposals from subcontractors and suppliers during the estimating phases will also identify potential procurement delays that will allow us to plan for in the schedule. Once the baseline is established, the schedule is continually updated and reviewed to ensure the schedule is still attainable. Throughout preconstruction, constructability review and VE work sessions allow the team to collaborate. GMP DEVELOPMENT PROCESS INITIAL ESTIMATE / 30% DESIGN Kickoff workshop Permitting Constructability & VE Open -book estimate Identify "early work" bid packages GOALS: Provide cost certainty Identify contingencies Establish key milestones & expectations 60% DESIGN Constructability & VE Open -book estimate Release "early work" bid packages The entire team can see the cause and effect of these ideas in real-time, from both budget and schedule perspectives. We keep our finger on the pulse of the market all the way through the procurement phase. Especially in our current environment of long lead times and price volatility, knowing when to advertise certain packages is critical. Garney has worked through the preconstruction phase with various owners and has billed our services based on the preferences of the Owner and what has been stipulated in the Contract Documents. We have provided this service based on hourly rates, lump sum with man-hour level of effort, or per milestone deliverable. We would consider 30%, 60% and GMP the major milestones that we would bill on. This will also be influenced by what the contract dictates. The GMP is the maximum budget allocated to the project, typically established at the 90% design phase. The delivery of the project will maintain within the GMP budget aside from scope changes that would constitute a change to the GMP. Although the GMP can be established earlier in design, the 90% phase provides balance certainty in design and identifiable risk that the CMAR and Owner can quantify. Garney has had great success employing a progressive GMP which amends the contract to initiate the early procurement of long lead items and early work packages. This provides the opportunity to establish allowances specific to scopes of work to manage changes that will likely occur in the advancement of design. GOALS: Refine the design Improve cost certainty Outline technical specs 90% DESIGN Compare and analyze bids Compare bids to the initial estimate GOALS: Minimize contingencies Finalize the budget Develop an approve final GMPs Select best value subcontractors Begin construction (at 90% or 10096 design) 100% DESIGN 4A d. Records of Management Teams on Similar Projects The case studies below represent records of management teams working on similar projects resulting in timely completion and high -quality workmanship. Bois d'Arc Lake - Raw Water Pipeline and Leonard WTP to McKinney No. 4 Treated Water Pipeline (CMAR) During preconstruction, Garney worked with the Owner and Engineer through the design phase to provide constructability reviews and VE, while soliciting local contractors and suppliers. Throughout preconstruction, Garney also kept in communication with our national subcontractors and suppliers. These local partnerships, our national purchasing footprint, and bidding schedule inform our knowledge of the market conditions. During the procurement phase, Garney solicited 28 bid packages and received over 80 proposals for the varying scopes of supply and construction. Garney maintained a live estimate throughout preconstruction that allowed the project team to make educated decisions on components of the design that provided real value. Throughout preconstruction, Garney submitted preliminary cost opinions at 30, 60, and 90% design milestones. Through VE reviews, Garney was able to reduce the number of tunnels on the project, consolidate pressure classes of pipe, and discern permanent erosion control materials saving the District money and improving the quality of the project. In locations that tunnels were not required by environmental permitting, Garney evaluated the impacts of the open cut installation, reducing tunnels and saving approximately $1,000 per LF in construction costs. Similar to this past project, Garney will work with the City and NICE on the West Transmission Water Main. Garney will quickly get informed on the current design to determine where we can positively impact quality, risk, budget, and schedule. Collaborating with NICE to effectively deliver the functionality of the design while maintaining constructability and budget is where the CMAR process, and Garney's experience, provide a significant value. Meeting or exceeding all stakeholders requirements takes the collective input of the project team focused on the singular goal of successful delivery. Vista Ridge Water Supply Project (Design -Build) On this project, one of Garney's main preconstruction activities included assistance with design and advisory of easement acquisitions. The finite date of the overall delivery constrained the procurement, construction, and startup of the system. Included in the timeframe of the delivery was 140 miles of easement required for the project which Garney spearheaded. Coordinating with landowners and processing the acquisitions was a consuming task that Bill Williams managed through completion. Due to Garney's heavy involvement during preconstruction, VE was an ongoing effort to ensure the project remained on budget. The design for the project needed to accomplish the functionality of a major transmission line while limiting capital cost and providing a project that could be constructed in an extremely expeditious manner. An example of this coordinated effort was in the details of the project where the team simplified the appurtenances by reducing the outlet sizes and removing manholes structures or using alternative materials where applicable. Vista Ridge was a challenging project, included multiple crossings and tunnels, and carried an aggressive delivery schedule, similar to the City's project. Garney uses the same careful consideration during preconstruction on all our projects. We challenge the entire team to think with an innovative mindset. The more ideas we can develop as a team, the higher the likelihood that we can achieve significant savings in budget or schedule and improved quality and risk mitigation. Lake Texoma Outfall to Wylie WTP Pipeline (CMAR) On this relevant project, Garney solicited local contractor and supplier interest and availability of local and national firms through market analysis. Garney submitted preliminary GMP pricing at 30, 60, and 90% design milestones. Lake Texoma was constructed during a prolonged drought in North Texas. The dwindling supply of water and increasing demand of the expanding population combined to require the construction of the 60 mile pipeline and facility improvements to be viewed in the same lens as an emergency project. Garney worked in parallel with the District and design engineers from when the project was a line on a piece of paper through the development of design. The route planning, packaging of the scopes of work, scheduling, and estimating throughout the preconstruction phase were critical to the decision making in development and delivery of the project. The procurement of the Texoma program necessitated 70 bid packages for the entirety of the scope of supply and construction. Garney also worked with the Owner and design engineers to evaluate scopes of work for each bid package. One of the most valuable VE items was the development and timing of the pipe material bid package ultimately saving the District $8 million in steel pipe material. This was accomplished by segmenting the pipeline materials to awarding to multiple manufacturers. The increased competition provided value for the District while also expediting the manufacturing and delivery, in turn providing schedule savings. ► -1 e. Reference Contacts Below are Garney's records of previous similar projects with owner and engineer verification and contact information that have been completed in the past ten years. Bois d'Arc Lake - Raw Water Pipeline and Leonard WTP to McKinney No. 4 Treated Water Pipeline (CMAR) Leonard, Texas Owner Reference: Engineer Reference: Relevant Experience: + Cesar Baptista, P.E. + Adam Payne, P.E. ► 212,000 LF of 90" steel water ' North Texas Municipal Freese and Nichols pipeline Water District I T: (210) 833-1350 132,000 LF of 84" steel water T: (972) 442-5405 E: ap@freese.com pipeline E: cbaptista@ntmwd.com Rocky and rural terrain Lake Texoma Outfall to Wylie WTP Pipeline (CMAR) Wylie, Texas Owner Reference: + Cesar Baptista, P.E. North Texas Municipal Water District T: (972) 442-5405 E: cbaptista@ntmwd.com Engineer Reference: + Scott Maughn, P.E. Freese and Nichols T: (214) 217-2260 E: asm@freese.com Relevant Experience: ► 206,000 LF of 96" steel water pipeline 47,000 LF of 84" steel water pipeline Rock excavation; deep excavations Trinity River Main Stem Pump Station & Pipeline (CMAR) Rosser, Texas Owner Reference: Engineer Reference: Relevant Experience: + Cesar Baptista, P.E. + Scott Maughn, P.E. ► 86,821 LF of 72" mortar -lined North Texas Municipal Freese and Nichols steel raw water pipeline Water District T: (214) 217-2260 Managed multiple bid packages T: (972) 442-5405 E: asm@freese.com to secure long -lead items E: cbaptista@ntmwd.com Sabine River Pump Station Project (CMAR) Orange, Texas Owner Reference: + Travis Williams Sabine River Authority of Texas T: (409) 746-2192 E: twilliams@sratx.org Engineer Reference: + Alan Hutson, P.E. Freese and Nichols T: (817) 735-7315 E: ach@freese.com Relevant Experience: ► 39,600 LF of 66" steel water pipeline Garney guided Owner through their first-time CMAR ►J f. Current and Projected Workload Projects presently under construction by Garney are outlined below. This list represents a sampling of our work focused on projects in the Central region. The key personnel dedicated to the City's project will be available from Notice to Proceed through final completion. Sister Grove Regional Water Resource Recovery Facility Phase 1 Kaw Lake Water Supply Program (CMA Lake Ralph Hall Pipeline Balancing Reservoir & Lake Ralph Hall Delivery Point (CMAP1 WTP Rehabilitation and Misc. Upgrades Project Red River Valley Water Supply Project Transmission Pipeline East Contract 5B Alliance Regional Water Authority Phase 1 B Treated Water Pipeline, Segment A Armourdale Industrial District Pump Station Improvements (CMAR) Bottom Ash Basins Replacement Pumps Motors and Starters for Pump Station No. 4 North Texas Municipal Water District, TX City of Enid, OK Upper Trinity Regional Water District, TX City of Odessa, TX Garrison Diversion Conservancy District (ND) Alliance Regional Water Authority (TX) Unified Government of Wyandotte County (KS) Evergy (KS) City of Lubbock, TX g. Bonding Capacity Proof of Garney's bonding capacity is provided on the following page. h. Proof of Licensure and Certificate of Good Standing: License No. 0032110623 ID #4572 State of Arkansas Commercial Contractors Licensing Board GARNEY COMPANIES, INC. 1700 SWIFT STREET NORTH KANSAS CITY, MO 64116 This is to Certify That GARNEY COMPANIES, INC. is duly licensed Under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: HEAVY CONSTRUCTION HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION This contractor has an unlimited suggested bid limit. from 1-10,2022 until Ane30,2023 When this Certificate expires. M'lmarr our6arM.r It6e Hcar4 EaiMatNwt6 Link Rock Arkomov: opa CHAIRMAN d SECRETARY June 10, 2022 - srg 1/6/2020 7/28/2023 1/17/2020 12/31/23 2/14/2022 10/1/2025 1/10/2022 7/23/2024 1/26/2022 9/30/2023 $356,124,320 $243,358,908 $100,000,000 $71,553,713 $44,644,077 1/26/2022 7/20/2023 $37,629,104 3/21/2022 11/14/2023 $10,374,000 12/5/2017 12/31/2023 $9,959,761 11/22/2022 3/29/2024 $1,504,000 &"..'¢" `o Arkansas Secretary of State John Thurston m ' State Capitol Building 4 Little Rock, Arkansas 72201-1094 4 501-682-3409 gRHgdS Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show GARNEY COMPANIES, INC. formed under the laws of the state of Missouri, and authorized to transact business in the State of Arkansas as a Foreign For Profit Corporation, was granted a Application for Certificate of Authority by this office November 1, 1979. Oar records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. O In Testimony Whereof, I have hereunto set my hand +5�,,, ppppppT'1� f and affixed my official Seal. Done at my office in the City of Little Rock, this 22nd day of May 2023. m e � a Wd, My 9RKANSPS JCoPhn [Thurston Oaline'Cer�rtg aTe� smn Code: 8cf222e070a2343 To verify the Authorization Cade, visit sos.arkansas.g- 30 May 17, 2023 City of Fayetteville, AR Attn: Amanda Beilfuss, Sr. Purchasing Agent 113 W. Mountain Street Fayetteville, AR 72701 Re: Garvey Companies, Inc. RFQ 23-05, CMAR for West Transmission Water Main Dear Amanda In connection with the requirements of your request for qualifications concerning Garvey Companies, Inc.'s bond program, we are pleased to respond in that regard. Bonds have been written on a co -surety basis by The Continental Insurance Company, a member of the CNA Group of Insurance Companies, and Liberty Mutual Insurance Company, a member of the Liberty Mutual Insurance Companies, since 2006. A.M. Best currently rates The Continental Insurance Company "A", Class Size XV, and Liberty Mutual Insurance Company "A", Class Size XV. The Continental Insurance Company and Liberty Mutual Insurance Company are approved for federal projects as provided for in the current online edition of the Department of the Treasury — Circular 570 with underwriting limitations of $1,140,370,000 and $1,772,737,000 respectively. Both The Continental Insurance Company and Liberty Mutual Insurance Company are licensed to write bonds in all 50 states. The largest project bonded by the sureties on behalf of Garvey Companies, Inc., totaled $700,000,000. The sureties have committed a $2,000,000,000 aggregate cost to complete program. At present, approximately $1,000,000,000 of this facility remains available for use for construction work during the next 24 months. Garvey Companies, Inc. enjoys a national reputation as one of the premier contractors performing sewer and water line work, with particular expertise in large diameter installations, and constructing water and wastewater treatment facilities. The company's experience includes a broad range of alternative procurement methodologies. At no time during our history with the account have they been refused a bond nor have there been any bond claims. Garvey Companies, Inc. remains an account in good standing. Should Garvey Companies, Inc., be awarded this contract and requests that we provide the necessary Performance and/or Payment, we will be prepared to execute the bonds subject to our acceptable review of the contract terms and conditions, bond forms, appropriate contract funding and any other underwriting considerations at the time of the request. Our consideration of issuance of bonds is a matter solely between Garvey Companies, Inc., and ourselves, and we assume no liability to third parties or to you by the issuance of this letter. We trust that this information meets with your satisfaction. If there are further questions, please feel free to contact Brian Cooper, Managing Director, of Arthur J. Gallagher Risk Management Services LLC, located at 595 Market Street, Suite 2100, San Francisco, CA 94105 - Telephone (415) 288-1620 The Continental Insurance Company 151 N. Franklin Street Chicago, IL 60606 (312) 822-5000 Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 (617) 357-9500, By K. City of Fayetteville RFQ 23-05, CMAR for West Transmission Water Main SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, I am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Contact Information At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Garnet' Companies, Inc._ Name of Primary Contact: Title of Primary Contact Bill Williams Vice President Phone#1(cell preferred): (719) 423-0200 Phone#2: E-Mail Address: bWil1iam5(a_)iyarnev.com 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 21 of 23 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 William Bill D. Williams, Vice President May 8 2023 2 William Bill D. Williams, Vice President May 19 2023 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 1. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Pursuant to Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 7. SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. This section only applies if CMAR is proposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade services. Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: _ Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 22 of 23 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: Garney Companies, Inc. COMPANY: Garney Companies, Inc. PHYSICAL ADDRESS: 1700 Swift St., Suite 200, North Kansas City, MO 64116 MAILING ADDRESS: 1700 Swift St., Suite 200, North Kansas City, MO 64116 TAX ID#: 44-0658613 SAM UEI#: OBH31 PHONE: (816) 741-4600 E-MAIL: info garney.Com ARKANSAS CONTRACTOR'S LICENSE #: 00321 10623 ARKANSAS SECRETARY OF STATE FILING #: 100060806 Signed by: SIGNATURE: PRINTED NAME: William (Bill) D. Williams TITLE: Vice President DATE: June 6, 2023 City of Fayetteville, AR RFQ 23-05, CMAR for West Transmission Water Main Page 23 of 23 FAX: #jUCT7Cey Appendix E Garney Certificate of Insurance DATE (MM/DD/YYYY) A`oRo° CERTIFICATE OF LIABILITY INSURANCE 9/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 595 Market Street A/c No EXt: 415-391-1500 A/C No:415-391-1882 Suite 2100 ADDRESS: CertRequests@ajg.com San Francisco CA 94105 INSURED Garvey Companies, Inc. 1700 Swift Street, Suite 200 North Kansas City, MO 64116 #: #OD692931 INSURER A: Liberty Mutual Fire Insurance Company 23035 GARNCOM-02 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : INSURER E : COVERAGES CERTIFICATE NUMBER:703638256 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL AINSD SUBR AVID NUMBER PICPOLICY MM DDY/YYYY EXP MM DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR AGGREGATE LIMIT APPLIES PER: JPRO- POLICY LOC OTHER: TB2641426942723 10/1/2023 10/1/2024 EACH OCCURRENCE $ 5,000,000 DAPREMISESMAGE TOEa RENTEoD ccurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $5,000,000 GEN'L GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY AS2641426942713 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT Ea accident $5,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EX8T36244823NF 10/1/2023 10/1/2024 EACH OCCURRENCE $15,000,000 AGGREGATE $ 15,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WA264D426942733 10/1/2023 10/1/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractor License #0032110320 and ID # Contractor License #4572 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. State of Arkansas, Contractors Licensing Board 4100 Richards Road AUTHORIZED REPRESENTATIVE North Little Rock AR 72117 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Appendix F Document 00700 — General Conditions, Including supplemental conditions DOCUMENT 00 72 13 — GENERAL CONDITIONS: TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.......................................................I 1.01 CONTRACT DOCUMENTS:............................................................................................ 1 1.02 DEFINITIONS:..................................................................................................................1 1.03 TERMINOLOGY: .............................................................................................................. 4 ARTICLE 2 - PRELIMINARY MATTERS..........................................................................5 2.01 DELIVERY OF BONDS: ................................................................................................... 5 2.02 COPIES OF DOCUMENTS:.............................................................................................. 5 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: ..................... 5 2.04 STARTING THE PROJECT: ............................................................................................. 5 2.05 BEFORE STARTING CONSTRUCTION: ....................................................................... 5 2.06 PRECONSTRUCTION CONFERENCE: .......................................................................... 6 2.07 FINALIZING SCHEDULES: ............................................................................................. 6 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...............6 3.01 INTENT: ............................................................................................................................. 6 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: .......................... 7 3.03 OWNERSHIP AND REUSE OF DOCUMENTS: ............................................................. 8 ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS...................................................................................8 4.01 AVAILABILITY OF LANDS:........................................................................................... 8 4.02 UNFORESEEN SUBSURFACE CONDITIONS: ............................................................. 8 4.03 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: ...................................... 9 4.04 REFERENCE POINTS: ..................................................................................................... 9 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE MATERIAL: ..................................................................................................................... 10 ARTICLE 5 - BONDS AND INSURANCE.........................................................................it 5.01 PERFORMANCE AND OTHER BONDS: ..................................................................... 11 5.02 INSURANCE: .................................................................................................................. 12 00700 General Conditions 00700 TOC— 1 DOCUMENT 00 7213 — GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 1 - ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..................................................17 6.01 SUPERVISION AND SUPERINTENDENCE: ............................................................... 17 6.02 LABOR, EQUIPMENT, AND MATERIALS:................................................................ 17 6.03 ADJUSTING PROGRESS SCHEDULE: ........................................................................ 18 6.04 SUBSTITUTES OR "OR -EQUAL" ITEMS: ................................................................... 18 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: ....................... 20 6.06 PATENT FEES AND ROYALTIES:............................................................................... 21 6.07 PERMITS: ........................................................................................................................ 21 6.08 LAWS AND REGULATIONS:....................................................................................... 22 6.09 TAXES:............................................................................................................................22 6.10 USE OF PREMISES: ........................................................................................................ 22 6.11 RECORD DOCUMENTS:............................................................................................... 23 6.12 SAFETY AND PROTECTION: ....................................................................................... 23 6.13 EMERGENCIES:.............................................................................................................24 6.14 SUBMITTALS: ................................................................................................................ 24 6.15 CONTINUING THE WORK: .......................................................................................... 25 6.16 INDEMNIFICATION: ..................................................................................................... 25 ARTICLE 7 - OTHER WORK.............................................................................................25 7.01 RELATED WORK AT SITE: .......................................................................................... 25 7.02 COORDINATION: ........................................................................................................... 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES................................................................26 8.01 COMMUNICATIONS:....................................................................................................26 8.02 CHANGE OF ENGINEER:............................................................................................. 26 8.03 REQUIRED DATA: ......................................................................................................... 26 8.04 LANDS AND EASEMENTS: .......................................................................................... 26 8.05 INSURANCE: .................................................................................................................. 26 8.06 CHANGE ORDERS:........................................................................................................ 26 8.07 INSPECTIONS AND TESTS: ......................................................................................... 27 8.08 STOPPING THE WORK: ................................................................................................ 27 00700 General Conditions 00700 TOC— 2 DOCUMENT 00 7213 — GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 1 - 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES:. ......... 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .............................27 9.01 OWNER'S REPRESENTATIVE: .................................................................................... 27 9.02 VISITS TO SITE: ............................................................................................................. 27 9.03 PROJECT REPRESENTATION: ..................................................................................... 27 9.04 CLARIFICATIONS AND INTERPRETATIONS:.......................................................... 28 9.05 AUTHORIZED VARIATIONS IN WORK: .................................................................... 28 9.06 REJECTING DEFECTIVE WORK: ................................................................................ 28 9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS :............................................ 28 9.08 DETERMINATIONS FOR UNIT PRICES: .................................................................... 28 9.09 DECISIONS ON DISPUTES: .......................................................................................... 29 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: ............................................ 29 ARTICLE 10 - CHANGES IN THE WORK.........................................................................30 10.01 GENERAL: ....................................................................................................................... 30 ARTICLE 11 - CHANGE OF CONTRACT PRICE............................................................31 11.01 GENERAL: ....................................................................................................................... 31 11.02 COST OF THE WORK: ................................ ERROR! BOOKMARK NOT DEFINED. 11.03 CONTRACTOR'S FEE: ................................ ERROR! BOOKMARK NOT DEFINED. 11.04 CASH ALLOWANCES:.................................................................................................. 34 11.05 UNIT PRICE WORK: ...................................................................................................... 34 11.06 RIGHT OF AUDIT: .......................................................................................................... 35 ARTICLE 12 - CHANGE OF CONTRACT TIMES............................................................35 12.01 GENERAL: ....................................................................................................................... 35 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK............................................................................................................36 13.01 WARRANTY AND GUARANTEE: ............................................................................... 36 00700 General Conditions 00700 TOC— 3 DOCUMENT 00 7213 — GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 1 - 13.02 ACCESS TO THE WORK: .............................................................................................. 36 13.03 TESTS AND INSPECTIONS: ......................................................................................... 37 13.04 DEFECTIVE WORK: ...................................................................................................... 37 13.05 UNCOVERING WORK: .................................................................................................. 38 13.06 OWNER MAY STOP THE WORK: ................................................................................ 38 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK: ........................................... 38 13.08 ONE-YEAR WARRANTY AND CORRECTION PERIOD: ......................................... 38 13.09 ACCEPTANCE OF DEFECTIVE WORK: ..................................................................... 39 13.10 OWNER MAY CORRECT DEFECTIVE WORK: ......................................................... 39 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................40 14.01 SCHEDULE OF VALUES:.............................................................................................. 40 14.02 APPLICATION FOR PROGRESS PAYMENT: ............................................................. 40 14.03 CONTRACTOR'S WARRANTY OF TITLE: ................................................................. 41 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: ...................................... 41 14.05 SUBSTANTIAL COMPLETION: ................................................................................... 42 14.06 PARTIAL UTILIZATION: .............................................................................................. 43 14.07 FINAL INSPECTION: ..................................................................................................... 44 14.08 FINAL APPLICATION FOR PAYMENT:..................................................................... 44 14.09 FINAL PAYMENT AND ACCEPTANCE: .................................................................... 45 14.10 CONTRACTOR'S CONTINUING OBLIGATION: ....................................................... 45 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute:. 45 14.12 INTEREST: NOT APPLICABLE................................................................................... 46 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION...................................46 15.01 OWNER MAY SUSPEND WORK: ................................................................................ 46 15.02 OWNER MAY TERMINATE: ........................................................................................ 46 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: ............................................. 47 ARTICLE 16 - RESOLUTION OF DISPUTES....................................................................48 16.01 RESOLUTION OF CLAIMS AND DISPUTES.............................................................. 48 00700 General Conditions 00700 TOC— 4 DOCUMENT 00 7213 — GENERAL CONDITIONS: (continued) TABLE OF CONTENTS (continued) ARTICLE 1 ARTICLE 17 - MISCELLANEOUS......................................................................................48 17.01 GIVING NOTICE: ........................................................................................................... 48 17.02 COMPUTATION OF TIME: ........................................................................................... 49 17.03 CLAIMS, CUMULATIVE REMEDIES: ......................................................................... 49 00700 General Conditions 00700 TOC— 5 DOCUMENT 00 72 13 — GENERAL CONDITIONS: This document is based upon Engineers Joint Contract Documents Committee "Standard General Conditions of the Construction Contract," with modifications. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 CONTRACT DOCUMENTS: A. The Contract Documents establish the rights and obligations of the parties and shall consist of the documents listed in the CMAR Contract. B. Reports and drawings of subsurface and physical conditions and approved Submittals by Contractor are not Contract Documents. C. Only items listed in subparagraph 1.01A are Contract Documents. D. In the event of a conflict between the terms of Document 00700 General Conditions and Section 00900 RLF Supplemental General Conditions, the RLF Supplemental General Conditions shall govern. 1.02 DEFINITIONS: A. Wherever used in these General Conditions or elsewhere in the Contract Documents, the following terms have the meanings indicated below, which are applicable to both the singular and plural thereof- 1. "Addenda" - written or graphic changes or interpretations of the Contract Documents issued by Owner prior to the opening of Bids. 2. "Agreement" - the written agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 3. "Application for Payment" - the form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress and final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. "Asbestos" - any material that contains more than 1% asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. "Bid" - the formal offer of the Bidder submitted on the prescribed Bid Form together with the required Bid security and all information submitted with the Bid that pertains to performance of the Work. 6. "Bidder" - any person, firm, or corporation submitting a Bid for the Work or their duly authorized representatives. 7. "Change Order" - a written document signed by Owner and Engineer authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after execution of the Agreement. 8. "Contract Drawings" - drawings and other data designated as Contract Drawings prepared by Engineer for this Contract which show the character and scope of the Work to be performed and are referred to in the Contract Documents. 9. "Contract Price" - the total monies payable to Contractor under the Contract Documents as stated in the Agreement. 7 Appendix F 00700-General Conditions 00700 — 1 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 10. "Contract Times" - the number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendations of final payment. 11. "Contractor" - the person, firm or corporation with whom Owner has entered into the Agreement. 12. "Date of Contract", "Effective Date of the Agreement" - the date of the City Council Approval also indicated in the Agreement. 13. "Engineer" or "Engineer -Architect" - Architect, engineer, or other licensed professional who is either employed or has contracted with Owner to serve in a design capacity and whose consultants, members, partners, employees, or agents have prepared and sealed the Drawings and Specifications. 14. "Engineer's Consultant" - an individual or entity having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project. 15. "Equipment" - a product with operational or nonoperational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 16. "Field Order" - a written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Times. 17. "General Requirements" - Sections of DIVISION 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 18. "Hazardous Waste" - the term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 19. "Law" - law of the place of the Project which shall govern the performance hereunder. 20. "Laws and Regulations," "Laws or Regulations" - laws, rules, regulations, ordinances, codes and/or orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 21. "Lien" - charges, security interests, or encumbrances on Project funds, real property, or personal property. 22. "Materials" - products substantially shaped, cut, worked, mixed, finished, refined, or otherwise fabricated, processed, or installed to form a part of the Work. 23. "Notice of Award" - the written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 24. "Notice to Proceed" - the written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform Contractor's obligation under the Contract Documents. 25. "Owner" - the City of Fayetteville, Arkansas, a constitutionally chartered municipal corporation, with which the Contractor has entered into the Agreement and for whom the Work is to be provided. 00700 General Conditions 00700— 2 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 26. "Partial Utilization" - placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion of all the Work. 27. "PCBs" - Polychlorinated biphenyls. 28. "Petroleum" - petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60' Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 29. "Program Manager" — NOT USED. 30. "Project" - the total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 31. "Project Manual" - The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 32. "Radioactive Material" - source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 33. "Resident Project Representative" - the authorized representative of Engineer who is assigned to the construction Site or any part thereof. 34. "Reference Drawings" - drawings not specifically prepared for, nor a part of, this Contract, but which contain information pertinent to the Work. 35. "Samples" - physical examples of Equipment, Materials, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 36. "Shop Drawings" - all drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 37. "Site" - lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 38. "Specifications" - those portions of the Contract Documents consisting of written technical descriptions of the Work, and covering the Equipment, Materials, workmanship, and certain administrative details applicable thereto. 39. "Subcontractor" - an individual, firm, or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 40. "Submittals" - all Shop Drawings, product data, and Samples which are prepared by Contractor, a Subcontractor, manufacturer, or Supplier, and submitted by Contractor to Engineer as a basis for approval of the use of Equipment and Materials proposed for incorporation in the Work or needed to describe proper installation, operation and maintenance, or technical properties. 00700 General Conditions 00700— 3 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 41. "Substantial Completion" - the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by its definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it was intended. 42. "Supplementary Conditions" — part of the Contract Documents which amends and/or supplements these General Conditions. 43. "Supplier" - a manufacturer, fabricator, supplier, distributor, material man, or vendor. 44. "Underground Facilities" - all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. 45. "Unit Price Work" - Work to be paid on the basis of Unit Prices. 46. "Work" - the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, the furnishing of Bonds and insurance, furnishing labor, and furnishing and incorporating Materials and Equipment into the construction, all as required by the Contract Documents. 47. "Work Change Directive" - a written directive to Contractor, issued on or after the effective Date of the Agreement and signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in Article 4 or to emergencies under Paragraph 6.13. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in Paragraph 10.01B. 48. "Written Amendment" - a written amendment to the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement, and normally dealing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. 1.03 TERMINOLOGY: A. Whenever used in these General Conditions or elsewhere in the Contract Documents, the following terminology shall have the intent and meaning specified below: 1. The words "as indicated" refer to the Drawings and "as specified" refer to the remaining Contract Documents. 2. The terms "responsible" or "responsibility" mean that the party to which the term applies shall assume all responsibilities thereto. 3. The term "approve", when used in response to Submittals, requests, applications, inquiries, reports and claims by Contractor, will be held to limitations of Engineer's responsibilities and duties or specified in these 00700 General Conditions 00700— 4 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) General Conditions. In no case will "approval" by Engineer be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents. When applied to Equipment and Materials, the words "furnish", "install", and "provide" shall mean the following: a. The word "provide" shall mean to furnish, pay for, deliver, assemble, install, adjust, clean and otherwise make Materials and Equipment fit for their intended use. b. The word "furnish" shall mean to secure, pay for, deliver to Site, unload and uncrate Equipment and Materials. c. The word "install" shall mean to assemble, place in position, incorporate in the Work, adjust, clean, and make fit for use. d. The phrase "furnish and install" shall be equivalent to the word "provide." The word "day" shall constitute a calendar day of twenty-four hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS 2.01 DELIVERY OF BONDS: A. When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such executed and recorded Bonds as Contractor may be required to furnish in accordance with Paragraph 5.01. 2.02 COPIES OF DOCUMENTS: A. Owner will furnish to Contractor copies of the Contract Documents as stated in the General Requirements. 2.03 COMMENCEMENT OF CONTRACT TIMES: NOTICE TO PROCEED: A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time mutually agreed upon by the Contractor and the Owner within 60 days after the Effective Date of the Agreement upon completion of required executed documents. In no event will the Contract Times commence to run later than the 60`h day after the Effective Date of the Agreement. 2.04 STARTING THE PROJECT: A. Contractor shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 BEFORE STARTING CONSTRUCTION: A. Before starting construction and undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby; however, Contractor 00700 General Conditions 00700— 5 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) shall not be liable to Owner or Engineer for failure to report any conflict, error, or discrepancy in the Contract Documents, unless Contractor had actual knowledge thereof or should reasonably have known thereof. B. Within thirty (60) days after the Effective Date of the Agreement, and before Contractor starts the Work at the Site, Contractor shall submit items as noted in Document 00 55 00 — Notice to Proceed (and as specified) to Engineer for review. C. Further, before any Work at the Site is started, Contractor shall deliver to Owner, with a copy to Engineer, certificates and other evidence of insurance requested by Owner which Contractor is required to purchase and maintain in accordance with Paragraph 5.02 (and Owner shall deliver to Contractor certificates and other evidence of insurance requested by Contractor which Owner is required to purchase and maintain in accordance with Paragraph 5.02). 2.06 PRECONSTRUCTION CONFERENCE: A. Within 60 days after the Effective Date of the Agreement, but before Contractor starts the Work at the Site, a conference attended by Contractor, Engineer, and others as appropriate will be held to discuss the schedules referred to in Paragraph 2.0513, to discuss procedures for handling Submittals, processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 2.07 FINALIZING SCHEDULES: A. A schedule shall be finalized in accordance with Document 0132 16. The finalized construction progress schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times, but such acceptance will neither impose on Engineer responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefor. The finalized schedule of Submittal submissions will be acceptable to Engineer if it provides a workable arrangement for processing the submissions. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 INTENT: A. The Contract Documents comprise the entire agreement between Owner and Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Law of the place of the Project. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, Materials, or Equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for, at no additional cost to the Owner. 1. When words which have a well-known technical or trade meaning are used to describe Work, Materials, or Equipment, such words shall be interpreted in accordance with that meaning. 2. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, 00700 General Conditions 00700— 6 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor, or Engineer, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Paragraph 9.04. C. If, during the performance of the Work, Contractor finds a conflict, error, or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from Engineer, however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. D. Applicable codes and standards referenced in these Contract Documents establish minimum requirements for Equipment, Materials, and Work and are superseded by more stringent requirements of Contract Documents when and where they occur. E. The Specifications are separated into Divisions and Sections for convenience in defining the Work. Contract Drawings are separated according to engineering disciplines and other classifications. This sectionalizing and the arrangement of Contract Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. A formal Written Amendment. 2. A Change Order (pursuant to Paragraph 10.01D). B. As indicated in Paragraphs 11.01B and 12.01A, Contract Price and Contract Times may only be changed by a Change Order or Written Amendment. C. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in the following way: 1. A Field Order (pursuant to Paragraph 9.05). 2. Engineer's written interpretation or clarification (pursuant to Paragraph 9.04). 00700 General Conditions 00700— 7 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 3.03 OWNERSHIP AND REUSE OF DOCUMENTS: A. All Contract Documents and copies thereof furnished by Engineer shall be the property of the Owner. B. Neither Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer; and they shall not reuse any of the documents on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILITY OF LANDS: A. Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. B. If Contractor believes that any delay in Owner's furnishing these lands, rights -of -way, or easements entitles Contractor to an extension of the Contract Times, Contractor may make a claim therefor as provided in Article 12. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. D. Contractor shall confine its operations to the construction limits indicated. 4.02 UNFORESEEN SUBSURFACE CONDITIONS: A. The following reports of explorations and tests of subsurface conditions at or adjacent to the Project are known to the Owner: Report dated August 16, 2022, prepared by McClelland Consulting Engineers, Inc. titled "Geotechnical Investigation for Greenland Sewer Rehabilitation" consisting of 25 pages. B. The aforementioned report is being made available for Contractor's and any bidder's convenience. It is intended to supplement rather than serve in lieu of Contractor's or bidder's own investigations and is not a warranty of existing conditions. This report is not a part of the Contract Documents. C. Contractor shall promptly notify Engineer in writing of any subsurface or latent physical conditions encountered at the Site which differ materially from those specified or indicated, or which could be reasonably interpreted from examination of the Site and available subsurface information at the time of bidding. D. Engineer will promptly investigate those conditions and advise Owner if further surveys or subsurface tests are necessary. Promptly thereafter, Engineer will obtain the necessary additional surveys and tests and furnish copies of results to Contractor and Owner. E. If Engineer and Owner find that the subsurface or latent physical conditions encountered at the Site differ materially from those specified or indicated, or which 00700 General Conditions 00700— 8 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) could have been reasonably interpreted from examination of the Site and available subsurface information at the time of bidding, then a Change Order will be issued by the Owner incorporating the necessary revisions. 4.03 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and, 2. Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in Paragraph 6.12 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by Paragraph 6.13), identify the owner of such Underground Facility and give written notice thereof to that owner and Engineer. Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 6.12. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, Contractor may make a claim therefor as provided in Articles 11 and 12. 4.04 REFERENCE POINTS: A. Engineer will provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of Engineer. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified 00700 General Conditions 00700— 9 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) personnel. Contractor shall be responsible for any mistakes or loss of time that may result from their loss or disturbance. B. Contractor shall make such surveys as are required for establishing pay limits and determining quantities for progress pay estimates. He shall furnish Engineer with one copy each of all field notes of such surveys. 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE MATFRIAL- A. Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the Site. Owner shall not be responsible for any such materials brought to the Site by Contractor, Subcontractor, Suppliers, or anyone else for whom Contractor is responsible. B. Contractor shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by Paragraph 6.13), and (ii) notify Owner and Engineer (and thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. Contractor shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by Contractor to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. C. If after receipt of such special written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. D. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, Engineer, Engineer's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this 00700 General Conditions 00700— 10 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) subparagraph 4.05D shall obligate Owner to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. E. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages arising out of or relating to such hazardous condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this subparagraph 4.05E shall obligate Contractor to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. F. The provisions of Paragraphs 4.02 and 4.03 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 PERFORMANCE AND OTHER BONDS: A. Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until two years after the date when final payment is approved by Owner, except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds shall be signed by an Arkansas Agent. B. The Bonds shall be automatically increased in amount and extended in time without formal and separate amendments to cover full and faithful performance of the Contract in the event of Change Orders, regardless of the amount of time or money involved. It is Contractor's responsibility to notify its surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Times. C. Bonds signed by an agent must be accompanied by a certified copy of the authority to act. D. Date of Bonds shall be the same as the Effective Date of the Agreement. E. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. F. If at any time during the continuance of the Contract, the surety on any Bond becomes unacceptable to Owner for financial reasons, Owner has the right to require additional and sufficient sureties which Contractor shall furnish to the satisfaction of Owner within ten days after notice to do so. G. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the 00700 General Conditions 00700— 11 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) Project is located or it ceases to meet the requirements of Paragraph 5.01A, Contractor shall within five days thereafter substitute another Bond and surety, both of which must be acceptable to Owner 5.02 INSURANCE: A. Contractor's Liability Insurance: 1. Contractor and all of its subcontractors shall purchase and maintain such liability and other insurance as is appropriate for the Work being furnished and performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's furnishing and performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: a. Claims under workers' compensation, disability benefits, and other similar employee benefit acts; b. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; c. Claims for damages because of bodily injury, sickness, or disease, or death of any person other than Contractor's employees; d. Claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (ii) by any other person for any other reason; e. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use therefrom; f. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and g. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. 2. The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability specified or required by Law, whichever is greater. a. Umbrella General Liability b. Workers' compensation Employer's Liability c. Commercial General Liability $5,000,000 Statutory (State and Federal Limits) $500,000 each accident (1) General Aggregate (2) Products -Completed Operations Aggregate (3) Personal & Advertising Injury Limit (4) Each Occurrence Limit (5) Fire Damage Limit (6) Medical Expense Limit d. Business Automobile Liability (1) Any one loss or accident $2,000,000 $2,000,000 $1,000,000 $1,000,000 $ 100,000 $ 5,000 $1,000,000 00700 General Conditions 00700— 12 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) B. The policies of insurance so required by paragraph 5.02A to be purchased and maintained shall: 1. with respect to insurance required by Paragraphs 5.02A. Lc through 5.02A.1.g inclusive, include as additional insureds by endorsement (subject to customary exclusion in respect of professional liability) Owner, Engineer, and Engineer's Consultants, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability specified in Paragraph 5.02A.2 or required by Laws and Regulations, whichever is greater; 3. with respect to insurance required by paragraphs 5.02A1.c through 5. 02A1.g inclusive, include premises/operations, products, completed operations, independent contractors, and personal injury insurance; 4. include in the Commercial General Liability policy, contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.06, 6.10, and 6.16, and written for not less than the limits of liability and coverages specified above; 5. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed, or renewal refused until at least 30 days' prior written notice by certified mail has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued; 6. provide Broad Form Property Damage coverage and contain no exclusion (commonly referred to as XC&U exclusion) relative to blasting, earthquake, flood, explosion, collapse of buildings, or damage to underground property; 7. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; 8. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment and Contractor shall furnish Owner and each other specified additional insured to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter; 9. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02A and any other liability insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Engineer, Engineer's Consultants, and all other individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. As required by Paragraph 6.05D, each subcontract between Contractor and a Subcontractor shall contain similar waiver 00700 General Conditions 00700— 13 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) provisions by the Subcontractor in favor of Owner, Contractor, Engineer, Engineer's Consultants, and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. C. Owner's Protective Liability Insurance: 1. Contractor shall be responsible for purchasing and maintaining Owner's Protective Liability insurance with Owner and Engineer as named insureds. 2. This insurance shall have the same limits of liability as the Commercial General Liability insurance and shall protect Owner and Engineer against any and all claims and liabilities for injury to or death of persons, or damage to property caused in whole or in part by, or alleged to have been caused in whole or in part by, negligent acts or omissions of Contractor or Subcontractors or any agent, servant, worker, or employee of Contractor or Subcontractors arising from the operations under the Contract Documents. 3. This insurance may be provided by endorsement to Contractor's Commercial General Liability insurance policy. D. Property Insurance: 1. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full insurable value thereof (subject to such deductible amounts as follows) or as required by Laws or Regulations. This insurance shall: a. be on the completed value form and include the interests of Owner, Contractor, Subcontractors, Engineer, and Engineer's Consultants, and the officers, directors, partners, employees, agent, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; b. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and Equipment and Materials, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, terrorism, and such other perils (as flood, earthquake, explosions, collapse, underground hazard) or causes of loss as may be specifically required in the Contract Documents; c. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals); d. cover Equipment and Materials stored at the Site or at another location that was agreed to in writing by Engineer prior to being incorporated in the Work, provided that such Equipment and Materials have been included in an Application for Payment recommended by Engineer; e. allow for partial utilization of the Work by Owner; f. include testing and startup; g. be maintained in effect until final payment (or the Owner assumes beneficial occupancy and agrees to provide insurance coverage for the 00700 General Conditions 00700— 14 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) facilities so occupied) is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days' written notice to each other additional insured to whom a certificate of insurance has been issued. 2. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as required by Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, Engineer, and Engineer's Consultants in the Work, each of whom is deemed to have an insurable interest and shall be listed as insured or additional insured parties. 3. All policies of insurance required to be purchased and maintained in accordance with Paragraph 5.02D will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least 30 days' prior notice by certified mail has been given to Owner and Contractor and to each additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.02F below. 4. Copies of the policies shall be furnished for property insurance. Certificates will not be acceptable. E. Transit Insurance: 1. Transit insurance shall be furnished by Contractor to protect Contractor and Owner from all risks of physical loss or damage to Equipment and Materials, not otherwise covered under other policies, during transit from point of origin to the Site of installation or erection. 2. This insurance shall be written on an "All Risk" basis with additional coverages applicable to the circumstances that may occur in the particular Work included in this Contact. 3. This insurance shall be in an amount not less than 100% of the manufactured or fabricated value of items exposed to risk in transit at any one time. 4. This insurance shall contain a waiver of rights of subrogation the insurer may have or acquire against Engineer and Owner. F. Waiver of Rights: 1. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.02D will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants, and other individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder; and if the insurers require separate waiver forms to be signed by Engineer or Engineer's Consultants, Owner will obtain the same, and if such waiver forms are required of any Subcontractor, Contractor shall obtain the same. 2. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by 00700 General Conditions 00700— 15 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) such policies required by Paragraph 5.02D and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Engineer, Engineer's Consultants, and all other individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. As required by Paragraph 6.05D, each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner, Contractor, Engineer, Engineer's Consultants, and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. G. Receipt and Application of Insurance Proceeds: 1. Any insured loss under the policies of insurance required by Paragraph 5.02D will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.02G.2. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied to account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 2. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection is made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties upon the occurrence of an insured loss. H. Acceptance of Insurance: 1. If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with Paragraph 5.02 on the basis of non-conformance with the Contract Documents, Owner shall so notify Contractor in writing thereof within 10 days of the date of delivery of such certificates and other evidence of insurance to Owner required by Paragraph 2.05C. 2. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent insurance to protect such other party's 00700 General Conditions 00700— 16 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. I. Partial Utilization, Acknowledgment of Property Insurer: 1. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.06, no such use or occupancy shall commence before the insurers providing property insurance pursuant to Paragraph 5.02D have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE: A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, but Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. B. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. C. When manufacturer's field services in connection with the erection, installation, start-up, or testing of Equipment furnished under this Contract, or instruction of Owner's personnel thereon are specified, Contractor shall keep on the Work, during its progress or as specified, competent manufacturer's field representatives and any necessary assistants. 6.02 LABOR, EQUIPMENT, AND MATERIALS: A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the 00700 General Conditions 00700— 17 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) Contract Documents, all Work at the Site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without Engineer's written consent. B. Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all Equipment and Materials, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the Work. C. All Equipment and Materials shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractor shall furnish to Engineer satisfactory evidence (including reports of required tests) as to the kind and quality of Equipment and Materials. All Equipment and Materials shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to Engineer, or any of Engineer's consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.1 OC and 9.1 OD. D. All Equipment and Materials incorporated in the Work shall be designed to meet the applicable safety standards of federal, state, and local Laws and Regulations. E. Domestic Product Procurement: As further specified elsewhere in these or referenced documents. 6.03 ADJUSTING PROGRESS SCHEDULE: A. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.04 SUBSTITUTES OR "OR -EQUAL" ITEMS: A. Whenever an item of Equipment or Material is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitute is permitted, other items of Equipment or Material of other Suppliers may be submitted by Contractor to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for 00700 General Conditions 00700— 18 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) approval of proposed substitute items. For purposes of this Paragraph 6.04A.1, a proposed item of Equipment or Material will be considered functionally equal to an item so named i£ a. In the exercise of reasonable judgment Engineer determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. Contractor certifies that: (i) there is no increase in cost to Owner; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. c. "Or -Equal" will not be considered until after Award of Contract. Substitute Items: a. If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.04A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of Equipment or Material proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of Equipment or Materials will not be accepted by Engineer from anyone other than Contractor. c. The procedure for review by Engineer will be as set forth in Paragraph 6.04A.2.d, as may be supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall first make written application to Engineer for review of a proposed substitute item of Equipment or Material that Contractor seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute will prejudice Contractor's achievement of Substantial Completion on time; whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute item; and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Engineer in evaluating the proposed substitute item. Engineer may require Contractor to furnish additional data about the proposed substitute item. 00700 General Conditions 00700— 19 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) e. Substitute items will not be considered until after Award of Contract. B. If a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or use a substitute means, method, sequence, technique, or procedure of construction acceptable to Engineer, if Contractor submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in Paragraph 6.04A.2 as applied by Engineer and as may be supplemented in the General Requirements. C. Engineer will be allowed a reasonable time within which to evaluate each proposed substitute or "or -equal" item. Engineer will be the sole judge of acceptability, and no substitute or "or -equal" will be ordered, installed, or used until Engineer's review is complete, which will be evidenced by either (i) a Change Order for a substitute, or (ii) an approved Submittal for an "or -equal." Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Engineer will record time required by Engineer and, Engineer's Consultants, in evaluating substitute proposed or submitted by Contractor pursuant to Paragraphs 6.04A.2 and 6.04B and in making changes in the Contract Documents or in the provisions of any other direct contract with Owner for work on the Project occasioned thereby. Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of, Engineer, and Engineer's Consultants for evaluating each such proposed substitute. 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: A. Contractor shall not employ any Subcontractor, Supplier, or other person or organization (including those acceptable to Owner and Engineer as indicated in Paragraph 6.05B), whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other person or organization to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Contract Documents require the identity of certain Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of Equipment and Materials) to be submitted to Owner within the required time after Bid opening prior to the Effective Date of the Agreement for acceptance by Owner and Engineer and if Contractor has submitted a list thereof, Owner's or Engineer's 'acceptance (either in writing or by failing to make written objection thereto) of any such Subcontractor, Supplier, or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by Owner or Engineer of any such Subcontractor, Supplier, or other person or organization shall constitute a waiver of any right of Owner or Engineer to reject defective Work. 00700 General Conditions 00700— 20 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between Owner, or Engineer and any such Subcontractor, Supplier, or other person or organization, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other person or organization except as may otherwise be required by Laws and Regulations. D. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by Paragraph 5.02F. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to Paragraph 5.02D. 6.06 PATENT FEES AND ROYALTIES: A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.07 PERMITS: A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Fees for permits issued by the City will be waived and the Permits issued by the City necessary for the work are required. Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 00700 General Conditions 00700— 21 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 6.08 LAWS AND REGULATIONS: A. Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, Contractor shall give Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 3.02. If Contractor performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to Engineer, Contractor shall bear all costs arising therefrom; however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 6.09 TAXES: A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid or withheld by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.10 USE OF PREMISES: A. Contractor shall confine construction equipment, the storage of Equipment and Materials, and the operations of workers to the Project Site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits, and easements, and shall not unreasonably encumber the premises with construction equipment or other equipment and materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against Owner or Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at Law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses, and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals, and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work. B. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and ready for occupancy by Owner. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 00700 General Conditions 00700— 22 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) C. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11 RECORD DOCUMENTS: A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Test Records, Field Orders, and written interpretations and clarifications (issued pursuant to Paragraph 9.04) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Submittals shall be available to Engineer for reference. Upon completion of the Work, these record documents and Submittals shall be delivered to Engineer for Owner. B. Receipt and acceptance of record documents will be a prerequisite for final payment on the Contract. 6.12 SAFETY AND PROTECTION: A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the Work and other persons and organizations who may be affected thereby; 2. All the Work and Materials and Equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in Paragraph 6.12A.2 or 6.12A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor). Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.09A that the Work is 00700 General Conditions 00700— 23 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) acceptable (except as otherwise expressly provided in connection with Substantial Completion). C. Contractor shall designate a responsible representative at the Site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner and Engineer. 6.13 EMERGENCIES: A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor, without special instruction or authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations. 6.14 SUBMITTALS: A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, Contractor shall submit to Engineer for review and acceptance by Engineer, in accordance with the accepted schedule of submissions, copies of Submittals which will bear the required information that Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as Engineer may require. The data shown on Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to enable Engineer to review the information as required. B. Before submission of each Submittal, Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto and reviewed or coordinated each Submittal with other Submittals and with the requirements of the Work and the Contract Documents. C. At the time of each submission, Contractor shall give Engineer specific written notice of each variation that the Submittal may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Submittal submitted to Engineer for review and approval of each such variation. D. Engineer will review Submittals with reasonable promptness, but Engineer's review and acceptance will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Submittals and resubmit as required for 00700 General Conditions 00700— 24 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) review and acceptance. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. E. Engineer's review and acceptance of Submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents. Contractor shall in writing call Engineer's attention to each and every variation at the time of submission. Engineer will show approval of each such variation by a specific written notation thereof incorporated in or accompanying the Submittal. Acceptance by Engineer shall not relieve Contractor from responsibility for errors or omissions in the Submittals. F. Where a Submittal is required by the Specifications, any related Work performed prior to Engineer's review and acceptance of the pertinent submission will be the sole expense and responsibility of Contractor. 6.15 CONTINUING THE WORK: A. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with Engineer or Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.03 or as Contractor and Owner may otherwise agree in writing. 6.16 INDEMNIFICATION: A. CMAR's obligations to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE are set forth in Paragraph 18 of the Revolving Loan Fund (RLF) Supplemental General Conditions and the Rider attached thereto. ARTICLE 7 - OTHER WORK 7.01 RELATED WORK AT SITE: A. Owner may perform other work related to the Project at the Site by Owner's own forces, have other work performed by utility owners, or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work; and, if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the extent thereof, Contractor may make a claim therefor as provided in Articles 11 and 12. B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs; Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. 00700 General Conditions 00700— 25 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) C. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner or Owner, Contractor shall inspect and promptly report to Engineer in writing any delays, defects, or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in the other work. 7.02 COORDINATION: A. If Owner contracts with others for the performance of other work on the Project at the Site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the General Requirements, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 COMMUNICATIONS: A. Owner shall issue all communications to Contractor through Engineer. 8.02 CHANGE OF ENGINEER: A. In case of termination of the employment of Engineer, Owner shall appoint, subject to the requirements of Section 00001 CERTIFICATIONS and Arkansas State Law an engineer against whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. Any dispute in connection with such appointment shall be addressed as discussed in Article 16. 8.03 REQUIRED DATA: A. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided in Paragraphs 14.04A and 14.09A. 8.04 LANDS AND EASEMENTS: A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.04. 8.05 INSURANCE: A. Owner's responsibilities in respect of purchasing and maintaining insurance are set forth in Paragraph 5.02. 8.06 CHANGE ORDERS: A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.01. 00700 General Conditions 00700— 26 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 8.07 INSPECTIONS AND TESTS: A. Owner's responsibility in respect of certain inspections, tests and approvals is set forth in Paragraph 13.03B. 8.08 STOPPING THE WORK: A. In connection with Owner's right to stop Work or suspend Work, see Paragraphs 13.06 and 15.02. Paragraph 15.02A deals with Owner's right to terminate services of Contractor under certain circumstances. 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES: A. Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. B. Owner and Contractor are reminded of the requirements of Arkansas State Law §22- 9-101.Observation by registered professionals required. 9.02 VISITS TO SITE: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous on -Site inspections to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -Site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 9.03 PROJECT REPRESENTATION: A. Engineer may furnish Resident Project Representative and assistants to assist Owner and Engineer in observing the performance of the Work. 1. Communications pertaining to Submittals, written interpretations, and Change Orders shall be directed to Engineer at its home office. 2. Communications pertaining to day-to-day operations at the Site shall be directed to Resident Project Representative. 00700 General Conditions 00700— 27 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 3. Resident Project Representative and any assistants will conduct observations of the Work in progress to assist Engineer in determining that the Work is proceeding in accordance with the Contract Documents. 4. Resident Project Representative will not have authority to permit any deviation from the Contract Documents, except with concurrence of Owner and Engineer. 9.04 CLARIFICATIONS AND INTERPRETATIONS: A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Times and the parties are unable to agree to the amount or extent thereof, Contractor may make a claim therefor as provided in Article 11 or Article 12. 9.05 AUTHORIZED VARIATIONS IN WORK: A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner, and also on Contractor who shall perform the Work involved promptly. 9.06 REJECTING DEFECTIVE WORK: A. Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.0513, whether or not the Work is fabricated, installed, or completed. B. Resident Project Representative will have authority, subject to final decision of Engineer, to disapprove or reject any defective workmanship, Equipment, or Material. 9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS: A. In connection with Engineer's responsibility for Submittals, see Paragraph 6.14. B. In connection with Engineer's responsibilities as to Change Orders, see Articles 10, 11, and 12. C. In connection with Engineer's responsibilities in respect of Applications for Payment, see Article 14. 9.08 DETERMINATIONS FOR UNIT PRICES: A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon to the Owner. Engineer will provide approval by recommendation of an Application for Payment to the Owner or return Application to Engineer for further review. 00700 General Conditions 00700— 28 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) B. Engineer's written decisions thereon will be final and binding upon Owner and Contractor, unless, within ten days after the date of any such decision, either Owner or Contractor delivers to the other party to the Agreement and to Engineer written notice of intention to appeal such a decision. 9.09 DECISIONS ON DISPUTES: A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to Engineer in writing with a request for a formal decision in accordance with this Paragraph, which Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute, and other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than 30 days) after the occurrence of the event giving rise thereto, and written supporting data shall be delivered to Engineer and the other parry within 60 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim. Owner may request written review by Engineer of claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents. B. When functioning as interpreter and judge under Paragraphs 9.08 and 9.09A, Engineer will not show partiality to Owner or Contractor and Engineer will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer with respect to any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11) will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute, or other matter. 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: A. Neither Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. B. Whenever in the Contract Documents the terms "as directed", "as required", "as allowed", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any 00700 General Conditions 00700— 29 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.1OC or 9.1OD. C. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. D. 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 performing or furnishing any of the Work. E. The presence or absence of Engineer, or any of their representatives will not act to relieve Contractor of any responsibility or of any guarantee of its performance. Neither will observation by Engineer, or any of their representatives in any way be understood to relieve Contractor of any responsibility for proper supervision of the Work at all times. F. Review by Engineer of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.08A 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 Documents. G. The limitations upon authority and responsibility set forth in this Paragraph 9.10 shall also apply to Engineer's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK 10.01 GENERAL: A. 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; these will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. B. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or a shortening of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in Article 11 or 12. C. 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 3.02A and 3.02C, except in the case of an emergency as provided in Paragraph 6.13 and except in the case of uncovering Work as provided in Paragraph 13.05B. 00700 General Conditions 00700— 30 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) D. Owner and Contractor shall execute appropriate Change Orders (or Written Amendments) covering: 1. Changes in the Work which are ordered by Owner pursuant to Paragraph 10.01A, are required because of acceptance of defective Work under Paragraph 13.09 or correcting defective Work under Paragraph 13.10, or are agreed to by the parties; 2. Changes in the Contract Price or Contract Times which are agreed to by the parties; and 3. Changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 9.09A, 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, Contractor shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.15. E. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, 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 responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CONTRACT PRICE 11.01 GENERAL: A. 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 Contractor's expense without change in the Contract Price. B. The Contract Price may only be changed by a Change Order or 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 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 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 9.09A 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 11.01B. C. 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: 1. 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 Paragraphs 11.05A through 11.05C, inclusive). 00700 General Conditions 00700— 31 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with the CMAR Contract). 3. On the basis of the Cost of the Work (determined as provided in Paragraphs 11.02A and 11.02B) plus a Contractor's Fee for overhead and profit (determined as provided in the CMAR Contract). D. A mutually acceptable fixed fee shall be incorporated into the CMAR Contract. E. The Contract Price shall be a Fixed Priced Guaranteed Maximum Price as agreed upon between Contractor and Owner, which shall be based upon the Wage Rates set forth in Attachment A hereto and the current applicable Blue Book Rates in connection with the equipment utilized for the Work. F. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Paragraph 11.02B. 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 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all Equipment and Materials 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 Contractor with which to make payments, in which 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. 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 will be accepted. If a 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 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 engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 00700 General Conditions 00700— 32 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 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. Costs, 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 workers, 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 approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, installation, dismantling, and removal thereof - all in accordance with 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. 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 not compensated by insurance or otherwise, to the Work or otherwise sustained by Contractor in connection with the performance and furnishing 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; shall include settlements 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 Contractor is placed in charge thereof, Contractor shall be paid for services a fee proportionate to that stated in the CMAR Contract. 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 and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with Paragraph 5.02DA G. The term Cost of the Work shall not include any of the following: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor's principal or a 00700 General Conditions 00700— 33 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.02A.I or specifically covered by Paragraph 11.02A.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 subparagraph 11.02A.5.i above). 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 11.02A. 11.02 CASH ALLOWANCES: A. Not applicable. 11.03 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 to 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 9.08. 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. C. Where the quantity of any item of Unit Price Work performed by Contractor exceeds the estimated quantity of such item indicated in the Agreement by twenty-five percent or more and there is no corresponding adjustment with respect to any other item of Work and if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. 00700 General Conditions 00700— 34 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 11.04 RIGHT OF AUDIT: A. Owner shall have the right to inspect and audit all of Contractor's books, records, correspondence, instructions, drawings, receipts, payment records, vouchers, and memoranda relating to the Work, and Contractor shall preserve all such records and supporting documentation for a period of three years after date of Final Payment. Contractor hereby grants to Owner the authority to enter Contractor's premises for the purpose of inspection of such records and supporting documentation or, at Contractor's option, Contractor may make such records and supporting documentation available to Owner at a location satisfactory to Owner. B. All of the records and supporting documentation shall be open to inspection and subject to audit and reproduction by Owner or its authorized representative for any and all purposes, including but not limited to (i) compliance with the Contract Documents; (ii) proper pricing of Change Orders; and (iii) claims submitted by or against Contractor or any Subcontractor or Supplier in connection with any performance under the Contract Documents. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.01 GENERAL: A. The Contract Times may only be changed by a Change Order or a Written Amendment. . B. Adjustments to the Contract Times will be made for delays in completion of the Work from causes beyond Contractor's control, including the following: I. Federal embargoes, priority orders, or other restrictions imposed by the United States Government. 2. Unusual delay in fabrication or shipment of Equipment or Materials required in the Work, whether ordered by Contractor or furnished by Owner or others under separate contract. 3. Strikes and other labor disputes. 4. Delays caused by court proceedings. 5. Change Orders. 6. Neglect, delay, or default of any other contractor employed by Owner. 7. Unusual construction delays resulting from weather conditions abnormal to the geographical area and to the season of the year such as above normal continuous days of precipitation, above normal amount of precipitation within a 24-hour period, or above normal days of extreme cold or hot temperature conditions affecting installation / application due to manufacturers or specifications limitations. These conditions will not be cause for extensions of time if abnormal weather conditions do not affect the stage of construction. All claims for extension of time due to abnormal weather conditions must be substantiated with evidence from a weather bureau or other authoritative source. Weather conditions normal to the geographical area and to the season of the year shall be taken into consideration in the Bid. Normal conditions shall be defined as the average number of days, amounts, or both over a 5-year period averaged per season. 8. Conflicts, errors or discrepancies in the Contract Documents reported to Engineer as provided in these General Conditions. 00700 General Conditions 00700— 35 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) Any failure or delay by Contractor in supplying equipment, materials, work, or services that are Year 2000 compliant or failure or delay by Contractor's Subcontractors or Suppliers in providing equipment, materials, work, or services as a result of Subcontractors' or Suppliers' lack of Year 2000 compliance in their own operations, systems, or processes used to provide or deliver equipment, material, work, or services shall not be considered to be caused by events beyond Contractor's control. Such Year 2000 compliance problems shall not constitute a basis for delay in completion of the Work, adjustment to the Contract Times, or an excuse for Contract nonperformance. C. Owner shall award extensions of the Contract Times on account of such causes of delay, provided that adequate evidence is presented to enable Engineer to determine with exactness the extent and duration of delay for each item involved. D. No extension to the Contract Times will be granted for delays involving only portions of the Work, or which do not directly affect the time required for completion of the entire Work. E. Any claim for an extension to the Contract Times shall be delivered in writing to Owner and Engineer within thirty (30) days of the occurrence of the event giving rise to the claim. All claims for adjustment to the Contract Times will be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change to the Contract Times resulting from any such claim will be incorporated in a Change Order or a Written Amendment. F. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 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. ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS, CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 WARRANTY AND GUARANTEE: A. Contractor warrants 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 accepted as provided in this Article 13. B. No provision in the Contract Documents nor any specified guarantee time limit shall be held to limit Contractor's liability for defects to less than the legal limit of liability in accordance with the Law. C. All Equipment and Materials furnished by Contractor for the Work shall carry a written guarantee from the manufacturer or Supplier of such items when called for in the Specifications. Written guarantees shall be submitted to Engineer with other Submittals. Engineer will transmit such guarantees to Owner for review. 13.02 ACCESS TO THE WORK: A. 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 their observation, inspecting, and testing. Contractor shall provide proper and safe conditions for such access. 00700 General Conditions 00700— 36 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 13.03 TESTS AND INSPECTIONS: A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel. B. 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: 1. for inspections, tests, or approvals covered by Paragraphs 13.03C and 13.03D below; 2. that costs incurred in connections with tests or inspections conducted pursuant to Paragraph 13.0513 shall be paid as provided in said Paragraph 13.0513; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection, testing, or approval. D. 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 acceptance of a 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. E. All inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to Owner and Contractor (or by Engineer if so specified). F. If any Work (including the work of others) that is to be inspected, tested, or approved 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 the same and Engineer has not acted with reasonable promptness in response to such notice. G. Neither observations by Engineer nor inspections, tests, or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 13.04 DEFECTIVE WORK: A. The term "defective" is used in these documents to describe Work that is unsatisfactory, faulty, not in conformance with the requirements of the Contract Documents, or not meeting the requirements of any inspection, test, approval, or acceptance required by Law or the Contract Documents. B. Any defective Work may be disapproved or rejected by Engineer at any time before final acceptance even though it may have been overlooked and included in a previous Application for Payment. C. Prompt notice will be given by Engineer to Contractor of defects as they become evident. 00700 General Conditions 00700— 37 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 13.05 UNCOVERING WORK: A. If any Work is covered contrary to the written request of Engineer, it shall, 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 inspected or tested by others, Contractor, at Engineer's request, 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 bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals); 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 both, directly attributable to such uncovering, exposure, observation, inspection, 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 Articles 11 and 12. 13.06 OWNER MAY STOP THE WORK: A. If the Work is defective, or Contractor fails to supply sufficient skilled workers 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 Owner to exercise this right for the benefit of Contractor or any other party. 13.07 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 nondefective 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. 13.08 ONE-YEAR WARRANTY AND CORRECTION PERIOD: A. Before final acceptance of the project, the contractor shall provide a maintenance bond in accordance with section 158.03 of the City of Fayetteville Unified Development Code. The bond shall be in the amount of 25% of the total contract price for a period of one year from the date of Substantial Completion. If within one year after the Date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or 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, 00700 General Conditions 00700— 38 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 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 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, indirect, and consequential 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. Contractor shall provide Owner with an option to extend the warranty period by an additional one-year. If Owner wishes to exercise the option, the cost and any additional terms shall be set forth in a change order executed by both parties. 13.09 ACCEPTANCE OF DEFECTIVE WORK: A. 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 approved 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 Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.10 OWNER MAY CORRECT DEFECTIVE WORK: A. If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.07, or if Contractor 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 proceed expeditiously. B. To the extent necessary to complete 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, construction equipment, and machinery at the Site and incorporate in the Work all Equipment and Materials stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. 00700 General Conditions 00700— 39 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) C. Contractor shall allow Owner, Owner's representatives, agents, and employees such access to the Site as may be necessary to enable Owner to exercise the rights and remedies under this Paragraph. D. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor in an amount approved as to reasonableness 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 Article 11. 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. E. Contractor shall not be allowed an extension of the Contract Times because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 SCHEDULE OF VALUES: A. The schedule of values established 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 completed. 14.02 APPLICATION FOR PROGRESS PAYMENT: A. Not later than the 15`h day of each month, or on the next business day thereafter, (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. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. C. If payment is requested on the basis of Equipment and Materials 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 Equipment and Materials free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the Equipment and Materials are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. D. The amount of retainage with respect to progress payments will be as stipulated in Paragraph 14.04G. 00700 General Conditions 00700— 40 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 14.03 CONTRACTOR'S WARRANTY OF TITLE: A. 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. 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: A. Engineer will, within seven days after receipt of each Application For Payment, either indicate in writing a recommendation of payment and present the Application to Owner (subject to the provisions of the last sentence of Paragraph 14.04D), or return the Application 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 Application. After the required internal reviews and processing by the Owner, the Owner will diligently proceed to make payment to the Contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30-day period, but the Owner cannot guarantee the 30 days maximum time. B. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's on -Site observations of the Work in progress as experienced and qualified design professionals and on Engineer's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of 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 9.08, 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 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 that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or Owner to withhold payment to Contractor. C. 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 14.09 have been fulfilled. D. 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 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: 1. The Work is defective, or completed Work has been damaged requiring correction or replacement. 00700 General Conditions 00700— 41 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 2. Written claims have been made against Owner or Liens have been filed in connection with the Work. 3. The Contract Price has been reduced by Written Amendment or Change Order 4. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.10, 5. Of Engineer's 'actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02B. 6. Of Contractor's unsatisfactory prosecution of the Work in accordance with the Contract Documents. 7. Contractor's failure to make payment to Subcontractors, or for labor, Materials, or Equipment, or 8. Engineer shall not certify payments requesting more than eighty (80) percent of the Contract amount until such time as all operation, maintenance, repair, and replacement manuals, and product data has been furnished by the Contractor to the Owner. E. 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 of 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. F. When all grounds for withholding payment are removed, payment will be made in the amounts withheld because of them. G. Progress payments will be in the amount of 95% of the amount of the Work completed and 100% of Equipment and Materials suitably stored and documented as indicated on the Application for Payment less the sum of all previous payments. The owner may forego withholding retainage of the progress payments if the construction contract is fifty -percent (50%) complete and the contractor has provided the work in a satisfactory manner. 14.05 SUBSTANTIAL COMPLETION: A. 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 Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Within a reasonable time thereafter, Contractor, and Engineer shall make an inspection 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 the reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion which will 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. C. 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 00700 General Conditions 00700— 42 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 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, Engineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate 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. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance, and warranties. E. Unless Owner and Contractor agree otherwise in writing and so inform Engineer 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. F. 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 tentative list. 14.06 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 to 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 such 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 certificate 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, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.05 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. 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 00700 General Conditions 00700— 43 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) reasonable time thereafter, Owner, Contractor, and Engineer shall make an inspection of 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 be 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. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Paragraph 5.02I in respect of property insurance. 14.07 FINAL INSPECTION: A. Upon written notice from Contractor that the Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner, Engineer, and Contractor 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 remedy such deficiencies. 14.08 FINAL APPLICATION FOR PAYMENT: A. After Contractor has completed all such corrections to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents, 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 14.11), Contractor may make application for final payment following the procedure for progress payments. B. The final Application for Payment 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, Equipment and Material 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; and consent of the surety, if any, to final payment. If any Subcontractor 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. 00700 General Conditions 00700— 44 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 14.09 FINAL PAYMENT AND ACCEPTANCE: A. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation -- all 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 fourteen days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application 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 14.11). Otherwise, Engineer will return the Application 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 Application. Thirty 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 and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment 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. 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 Application 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. C. The Final Pay Estimate will include all sums remaining to be paid. 14.10 CONTRACTOR'S CONTINUING OBLIGATION: A. 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 by 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 any review and approval of a Submittal, nor the issuance of a notice of acceptability by Engineer pursuant to Paragraph 14.09, nor any correction of defective Work by Owner will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents (except as provided in Paragraph 14.11). 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: A. A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Paragraph 14.07, 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 00700 General Conditions 00700— 45 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) by Owner of any rights in respect of Contractor's continuing obligations under the Contract Documents; and B. A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 14.12 INTEREST: NOT APPLICABLE. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER MAY SUSPEND WORK: A. Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 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 increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to any suspension if Contractor makes an approved claim therefor as provided in Articles 11 and 12. 15.02 OWNER MAY TERMINATE: A. Upon the occurrence of any one or more of the following events: 1. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state Law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state Law in effect at the time relating to bankruptcy or insolvency; 3. If Contractor makes a general assignment for the benefit of creditors; 4. If a trustee, receiver, custodian, or agent of Contractor is appointed under applicable Law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. If Contractor admits in writing an inability to pay its debts generally as they become due; 6. If Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable Equipment or Materials or failure to adhere to the progress schedule established under Paragraph 2.07 as revised from time to time); 7. If Contractor disregards Laws or Regulations of any public body having jurisdiction; 8. If Contractor disregards the authority of Engineer; or 9. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents; 00700 General Conditions 00700— 46 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) B. Owner may, after giving Contractor (and the surety, if there be one) ten days' written notice and an opportunity to commence to cure the event set forth in such notice, and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the Site and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all Equipment and Materials stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect, and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs), such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner will be approved as to reasonableness by Engineer and incorporated in a Change Order, but when exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. C. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due to Contractor by Owner will not release Contractor from liability. D. Upon ten days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs). E. Notwithstanding the foregoing, before Owner shall exercise any right to terminate pursuant to this section 15.02, Contractor shall, within ten (10) days from receipt of such notice, have an opportunity to consult with the Owner regarding the reason for termination. Contractor shall have ten (10) days from receipt of such notice or from the date of its consultation with the Owner, whichever occurs later, to cure or to take substantial steps to commence to cure the issue and proceed with diligence for which the notice of termination has been given. The Owner shall decide, in its sole discretion, if the Contractor has cured or taken substantial steps to cure or commence to cure the issue and may withdraw its notice to terminate. 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: A. If, through no act or fault of Contractor, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon ten days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for 00700 General Conditions 00700— 47 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) Payment or Owner has failed to make any payment as aforesaid, Contractor may upon ten days' written notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this Paragraph shall not relieve Contractor of the obligations under Paragraph 6.15 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. ARTICLE 16 - RESOLUTION OF DISPUTES 16.01 RESOLUTION OF CLAIMS AND DISPUTES A. Contractor's claims against Owner will be reviewed by Engineer, who shall take one or more of the following actions within ten (10) days after receipt of a claim: 1. Request additional supporting data from the claimant; 2. Submit a schedule to Contractor indicating reasonable time within which Engineer expects to take action; 3. Reject the Claim in whole or in part, stating reasons for rejection; 4. Recommend approval of the claim; or 5. Suggest a compromise. B. Owner's claims against Contractor will be reviewed by Contractor who shall take one or more of the following actions within ten (10) days after receipt of the Claim: 1. Request additional supporting data from Engineer; 2. Submit a schedule to the Engineer indicating a reasonable time within which Contractor expects to take action; 3. Deny the claim in whole or in part, stating reasons for denial; 4. Recommend approval of the claim; or 5. Suggest a compromise. C. If a claim has been resolved, the Owner will prepare or obtain appropriate documentation. D. If a claim has been denied or if no action has been taken in the manner provided in Paragraphs 16.01A or 16.0113, then the claimant, within ten (10) days thereafter, may notify the Owner, the other party, and Contractor's surety that Engineer and Contractor have been unable to resolve the claim. In that event, the Owner, pursuant to Paragraph 16.01E shall review the claim and make a decision on the claim. E. If a claim is presented to the Owner, then the Owner shall review the claim and make a decision within fourteen (14) days. F. Disputes that cannot be settled through negotiation or the procedures in Paragraphs 16.01A through 16.01E above, shall be settled as mutually agreed or in a court of competent jurisdiction within the State of Arkansas. G. Arbitration shall not be used in the settlement of disputes. ARTICLE 17 - MISCELLANEOUS 17.01 GIVING NOTICE: A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 00700 General Conditions 00700— 48 DOCUMENT 00 72 13 — GENERAL CONDITIONS: (continued) 17.02 COMPUTATION OF TIME: A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the Law of the applicable jurisdiction, such day will be omitted from the computation. B. A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day. 17.03 CLAIMS, CUMULATIVE REMEDIES: A. Should Owner or Contractor suffer injury or damage to person or property because of any error, omission, or act of the other party or of any of the other parry's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. B. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by Paragraphs 6.16A, 13.01, 13.08, 13.10, 14.03, and 15.02A and all of the rights and remedies available to Owner and Engineer thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. All representations, warranties, and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.04 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contactor shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. END OF DOCUMENT 00700 00700 General Conditions 00700— 49 Appendix G Revolving Loan Fund (RLF) Supplemental General Conditions SRF Supplemental General Conditions Revision 00 SUPPLEMENTAL GENERAL CONDITIONS 1. Project Funding 29. Protection of the Environment 2. Supersession 30. Archeological, Historical, and Cultural 3. Definitions Remains 4. Additional Instructions & Detail Drawings 31. Storm Water Permit Requirements 5. Drawings & Specifications 32. Engineer's Authority 6. Land & Rights -of -Way 33. Owner's Protection from Contractor's 7. Bidding and Contract Award Actions 8. American Iron and Steel (AIS) 34. Inspection & Testing 9. Disadvantaged, Minority, Women's 35. Supervision by Contractor Business Enterprises 36. Payment to Contractor 10. Equal Employment Opportunity Clause 37. Acceptance of Final Payment as Release 11. Labor Standards 38. Cleanup and Corrections 12. Responsibilities of Participants Regarding 39. Taxes Transactions 40. State Tax Exemption (A.K.A. Debarment and Suspension) 41. Operation and Maintenance Manual 13. Procurement Prohibitions 42. Changes in the Work 14. Substitutions 43. Subsurface Conditions 15. Insurance 44. Correction of Work 16. Contract Security 45. Surveys, Permits, Regulations 17. Assignments 46. Time for Completion & Liquidated 18. Indemnification Damages 19. Separate Contracts 47. Suspension of Work, Termination, & 20. Subcontracting Delay 21. Pre -Construction Conference 48. As -Built Drawings 22. Schedules, Reports & Records 49. Guarantee 23. Job Bulletin Board 50. Patents 24. Shop Drawings 51. Conflicts of Interest 25. Materials, Services & Facilities 52. Arbitration by Mutual Agreement 26. Safety Standards 53. Gratuities 27. Protection of Lives and Property 54. Prohibition on Telecommunication and 28. Protection of Work, Property, and Video Surveillance Services or Equipment Persons Appendix A Labor Standards Provisions, Attachments 1 & 2 Appendix B Equal Employment Opportunity Provisions, Title 41, Chapter 60 Appendix C 40 CFR Part 33 Subpart C: Good Faith Efforts Appendix D. Memo: Implementation of American Iron and Steel (AIS) Appendix E. Memo: Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment in the SRF Programs -1- SRF Supplemental General Conditions Revision 00 1. PROJECT FUNDING These Supplemental General Conditions are based on detailed, specific guidance provided by the United States Environmental Protection Agency (US EPA). In accordance with Title XV and XVI, the Arkansas Natural Resources Commission (Commission) and the Arkansas Development Finance Authority (ADFA) is not a partner, joint venture or in any way party to the construction contract. The Recipient and its Contractors shall release and hold harmless the officers and employees of the Commission and ADFA from claims arising in connection with the design, construction and operation of the project including any matter due solely to the Contractor or Borrowers negligence. 2. SUPERSESSION These Supplemental General Conditions supersede any conflicting provisions of the Contract Documents. 3. DEFINITIONS Wherever used in the Contract Documents, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof: A. Addenda - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications, or corrections. B. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. C. Bidder - Any person, firm or corporation submitting a Bid for the Work. D. Bonds- Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the Contractor and the Contractor's surety in accordance with the Contract Documents. E. Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. F. Commission —The Arkansas Natural Resources Commission. G. Contract Documents - The contract, including Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, Drawings, Specifications, General Conditions, Supplemental General Conditions, and Addenda. H. Contract Price - The total monies payable to the Contractor under the terms and conditions of the Contract Documents. I. Contract Time - The number of calendar days stated in the Contract Documents for the completion of the Work. -2- SRF Supplemental General Conditions Revision 00 J. Contractor - The person, firm or corporation with whom the Owner has executed the Agreement. K. Drawings - The parts of the Contract Documents, which show the characteristics, and scope of the Work to be performed and which have been prepared or approved by the Engineer. L. Engineer - The person, firm, or corporation named as such in the Contract Documents. M. Field Order - A written order effecting a change in the Work not involving an adjustment in the Contract Price, an extension of the Contract Time, or a change affecting the overall integrity of the design of the project issued by the Engineer, not the Engineer's Resident Inspector, to the Contractor during construction. N. Notice of Award - The written notice of the acceptance of the Bid from the Owner to the successful Bidder. O. Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing him/her to proceed with the Work and establishing the date for commencement of the Work. P. Owner - A public or quasi -public body or authority, corporation, association, partnership, or an individual for whom the Work is to be performed. Q. Project - The undertaking to be performed as provided in the Contract Documents. R. Resident Project Representative - The authorized representative of the Owner who is assigned to the Project site or any part thereof. S. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor, which illustrates how specific portions of the Work shall be fabricated or installed. T. Specifications - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. U. Subcontractor - An individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. V. Substantial Completion - That date certified by the Engineer when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it is intended. W. Additional Supplemental General Conditions - Modifications to Supplemental General Conditions required by a State agency for participation in the Project and approved by the agency in writing prior to inclusion in the Contract Documents, or such requirements that may be imposed by applicable state laws. X. Supplier - Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. -3- SRF Supplemental General Conditions Revision 00 Y. Work - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the Project. Z. Written Notice - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the Work. 4. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS A. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the Work required by the Contract Documents. B. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the Work in accordance with the additional detailed drawings and instructions. 5. DRAWINGS AND SPECIFICATIONS A. The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the Owner. B. In case of conflict between the Drawings and Specifications, the Specifications shall govern. Figure dimensions on Drawings shall govern over general Drawings. C. Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. D. In the case of defective Specifications for which the Owner is responsible, the equitable adjustment shall include any increased cost the Contractor reasonably incurred in attempting to comply with those defective Specifications. 6. LAND AND RIGHTS -OF -WAY A. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights -of -way necessary for carrying out and for the completion of the Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. B. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights -of -way acquired. -4- SRF Supplemental General Conditions Revision 00 C. The Contractor shall provide at its own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. 7. BIDDING AND CONTRACT AWARD A. Prospective Bidders are advised that other sections of these Supplemental General Conditions describe requirements pertaining to bidding and the performance of the RLF funded contract. The Supplemental General Conditions should be thoroughly reviewed by prospective Bidders prior to the preparation and submission of bids. B. Awards shall be made only to the lowest responsive, responsible Contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. Bidders are required to comply with the requirements of these Supplemental General Conditions in the preparation and submission of bids. Failure by the bidder to comply with the requirements outlined herein may result in the rejection of the bid as non -responsive. C. Bidders shall submit with the bid proposal an executed Contractor's Act of Assurance form as provided in these contract documents. Through execution of this form, the Bidder warrants its understanding of and compliance with these Supplemental General Conditions and all relevant requirements pertaining to the RLF funded work. In addition, each prime Contractor is required to submit an executed Contractor's Act of Assurance form to the Owner for each subcontract awarded above $2,000.00. D. The information described below shall be submitted to the Commission by the Owner for review and approval within thirty days of bid opening. Construction contracts will not be Awarded without Commission concurrence. L Proposal of the lowest responsive responsible Bidder. ii. Bid tabulation showing all bids and bid opening date. iii. Recommendation of Award of contract by Engineer. iv. Clear Site Certificate without exceptions. V. Certified copies of the advertisements for bids. vi. Contractors Act of Assurance Form vii. Bid bond for and name of Surety Company that will underwrite the Payment and Performance Bonds for the lowest responsive responsible Bidder. viii. Itemized bid breakdown of lump sum bid from lowest responsive responsible Bidder (if applicable). ix. Resume(s) of the proposed resident inspector(s). X. DBE/MBE/WBE documentation from lowest responsive responsible Bidder within fifteen days of bid opening. Item (x.) shall be submitted by the lowest responsive responsible Bidder to the Owner within fifteen days of bid opening for transmittal to the Commission. -5- SRF Supplemental General Conditions Revision 00 E. If the Owner has not already enacted a written protest procedure to handle and resolve disputes relating to the award of contracts, the Owner will follow the process below upon receipt of a bid protest: i. Bid protests may be filed by an "interested party." Prior to a bid submittal deadline, these persons include any party who declares an interest in the solicitation. Following the bid submittal deadline, interested parties include only bidders who submitted a bid or response to the solicitation. ii. The written protest shall specify the reasons and facts upon which the protest is based; specific portions of the documents or statutes that form the basis of the protest; and the name, address, and telephone number of the party representing the Bidder. iii. The protest must be filed in writing with the Owner at the address below: Attn: ,AR iv. The protest must be filed with the Owner before 5 p.m. and no later than five business days after the date of the Bid opening. V. Owner must disclose all bid protests to the Commission immediately. vi. Owner will investigate the basis for the bid protest and analyze the facts. Owner will notify Bidder whose bid is the subject of the bid protest of evidence presented in the bid protest and evidence found as a result of the investigation, and, if deemed appropriate, afford Bidder an opportunity to rebut such evidence, and permit Bidder to present evidence that it should be allowed to perform the work. If deemed appropriate by Owner, an informal hearing will be held. vii. Owner will issue a written decision within 15 days following receipt of the bid protest, unless factors beyond Owner's reasonable control prevent such a resolution, in which event such decision will be issued as expeditiously as circumstances reasonably permit. The decision will state the reasons for the action taken by Owner. A copy of the decision will be furnished to the protestor, the Commission, the Bidder whose bid is the subject of the bid protest, and all Bidders affected by the decision. A Bidder is affected by the decision on a bid protest if a decision on the protest could have resulted in the Bidder not being the lowest responsible and responsive Bidder for the contract. 8. AMERICAN IRON AND STEEL (AIS) The Contractor acknowledges to and for the benefit of the Owner and the Commission that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water 0 SRF Supplemental General Conditions Revision 00 State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and the Commission that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Owner or the Commission. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Commission to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Owner or Commission resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Commission or any damages owed to the Commission by the Owner). While the Contractor has no direct contractual privity with the Commission, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the Commission is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Commission. A copy of the EPA Memorandum implementing the American Iron and Steel requirement and its procedures is attached as Appendix D to these Supplemental General Conditions. 9. DISADVANTAGED, MINORITY, AND WOMEN'S BUSINESS ENTERPRISES Whenever subcontracts are solicited, the Contractor is required to take affirmative steps (known as "good faith efforts") to assure that disadvantaged business enterprises (DBE), which includes small and minority and women's business enterprises (MBE/WBE) as well, are used when possible as sources of materials, supplies, equipment, construction activities and professional services. DBE utilization is authorized by 40 CFR Parts 30, 31, 33, 35, and 40, OMB Circular A-102, and Executive Orders 11625, 12432 and 12138. The Contractor and Loan Recipient shall at a minimum, take the following affirmative actions, known as "good faith efforts" in the procurement of subcontracts for construction, equipment, services, and supplies: i. Ensure DBE firms are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities and include small, minority and women's businesses on solicitation lists; ii. Assure that small, minority and women's businesses are solicited whenever they are potential sources; -7- SRF Supplemental General Conditions Revision 00 iii. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority and women's businesses; iv. Establish delivery schedules, when the requirements of the work permit, which will encourage participation by small, minority and women's businesses; V. Use the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, AHTD and AEDC as appropriate. vi. Continue the above steps, including follow-up contact as necessary, throughout the performance of the contract. Prime Contractors must also follow the steps indicated below in the paragraph entitled "DBE/MBE/WBE Requirements Prior to Award" and all other instructions of this document. DBE/MBE/WBE Requirements Prior to Award: All Bidders, as a condition of bidding, are required to document to the Owner and to the Commission that the "good faith efforts" were taken in the preparation of bids to obtain DBE/MBE/WBE participation. Contractors, including DBE Prime Contractors, must conduct the "six good faith efforts" as well. Steps for Compliance are as follows: i. Solicit DBE/MBE/WBE quotes through direct solicitation communication, document that this was done, and submit within fifteen days of the bid opening. Examples of direct solicitation communication that must be conducted by the low bidder are: faxes, letters, phone calls, and emails. Indicate the source of the DBE/MBE/WBE list(s) used. Sources of DBE Certified Lists are listed below. Newspaper Advertisements/Public Notices alone will not meet the required DBE solicitation efforts. ii. Document efforts and responses received. iii. Document contracts awarded, or intent to award, and indicate whether the contract is with a DBE/MBE or WBE certified firm. iv. Document the basis on which the subcontractor/supplier was selected and/or rejected for all contracts awarded. Note: Subcontracts include: supplies, services, equipment, and construction activity. If the Primary Contractor states that they can complete the entire project using only in- house services and supplies, then the Contractor must indicate they will not use a subcontractor or procure supplies, services, and equipment on the DBE Compliance Evaluation Form and shall write a letter to that effect to Commission. Note, this occurs very infrequently. SRF Supplemental General Conditions Revision 00 Required Form: The DBE Compliance Evaluation Form Supplemental Conditions of the Revolving Loan Fund. (This form is numbered RLF-96 for CWRLF projects.) This form is to be completed and submitted within fifteen days of the bid opening. Lists of DBE/MBE/WBE firms are available from: • Arkansas Highway and Transportation Department, Programs and Contracts Division; 10324 1-30; Post Office Box 2261; Little Rock, Arkansas 72203, Phone: (501) 569-2259 www.ahtd.state.ar.us/contract/program/letting • Arkansas Economic Development Commission, Small and Minority Business Team; One Capitol Mall; Little Rock, Arkansas 72201; Phone: (501) 682-6105 http://www.arkansasedc.com. • Arkansas Small Business Administration, Business Opportunity Section; 2120 Riverfront Drive, Suite 100; Little Rock, Arkansas 72202-1747; Phone: (501) 324-7379; http://pro-net.sba.gov/ or http://www.ccr.gov. A copy of 40 CFR Part 33, Subpart C- Good Faith Efforts is attached to these Supplemental General Conditions. DBE/MBE/WBE Reporting Requirements: In addition to the reporting and documentation requirements during bidding, the Contractor is required to report to the Owner within fifteen days of the end of each calendar quarter, or to the Division as requested, all contracts awarded to DBE/MBE/WBE firms throughout the life of the contract. The Owner is required to report to the Division within thirty days of the end of each calendar quarter, all contracts awarded by the Owner and subcontracts awarded by the Owner's Contractors to DBE/MBE/WBE firms. In accordance with 40 CFR 35, Subpart K, the Division must report to the Environmental Protection Agency all DBE/MBE/WBE participation in the RLF program. 10. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, marital status, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, sex, age, marital status, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to furnish and post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this equal employment opportunity clause. B. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, sex, age, marital status, or national origin. -9- SRF Supplemental General Conditions Revision 00 C. In the event of the Contractor's noncompliance with the equal employment opportunity clause of this contract or with any rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part. D. The Contractor shall include the provisions of subparagraph's (A) through (C) in every subcontract or purchase order involved with this contract. E. The Contractor or any Subcontractor shall have an affirmative action plan which declares that it does not discriminate on the basis of race, color, creed, national origin, sex, marital status, or age and which specifies goals and target dates to assure the implementation of that plan. The Owner shall establish procedures to assure compliance with this requirement by the Contractor and to assure that suspected or reported violations are promptly investigated. F. The Contractor and Subcontractors supplying materials, equipment and/or labor must comply with the Civil Rights Act of 1964 as amended (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794), Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination (Public Law 92-500), and the Age Discrimination Act of 1973. The Contractor and all Subcontractors shall provide equal employment opportunity for all qualified applicants and all contractor solicitations for employees must contain the Equal Employment Opportunity statement. The Prime Contractor must assure Subcontractor compliance with the Civil Rights Act for each subcontract by including the Act of Assurance form and these Supplemental General Conditions in each Subcontract in excess of $10,000. Applicable Equal Employment Opportunity regulations and Nondiscrimination provisions are described in the Appendix to these Supplemental General Conditions. 11. LABOR STANDARDS The Contractor and all Subcontractors awarded subcontracts shall pay all laborers and mechanics employed on the project not less than the prevailing wage rates, as determined by the United States Secretary of Labor, in accordance with the Davis -Bacon Act as provided for in the Supplemental General Condition's Appendix A. The wage decision identifies job classifications and minimum wages to be paid to all workers. Payrolls must be submitted weekly by the Contractor and all non-exempt Subcontractors to the Owner showing each worker's name, address, job classification, hourly rate of pay, daily regular and overtime hours, gross and net pay, and any fringe benefits where applicable. All workers are required to receive overtime pay in any week in which the hours worked exceed 40 hours per work week. Overtime is paid at a rate not less than 1 and 1/2 times the worker's base rate of pay. SRF Supplemental General Conditions Revision 00 The Owner is responsible for monitoring contractor compliance with Davis -Bacon Act requirements of Appendix A. The Owner's responsibilities will include, but not be limited to, payroll review for compliance, maintain payroll files, and conduct on -site interviews with the Contractor's employees to verify payroll accuracy. The Owner will provide the Commission a letter with each pay request certifying wages, through payroll review and employee interviews, met the Davis -Bacon Requirements of this contract. Copies of completed interviews will be forwarded to the Commission. 12. RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS (A.K.A. DEBARMENT AND SUSPENSION) Individuals or organizations that have been debarred or excluded from participating in Federal Assistance programs under 40 CFR Part 32 are prohibited from participating in the RLF program. This prohibition applies for every contract and subcontract for materials, supplies, equipment, and services. Contractors and Subcontractors shall execute the Contractors Act of Assurance Form as provided in the Contract Documents certifying compliance with 40 CFR Part 32. 13. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, RLF loan recipients, Prime Contractors and Subcontractors are prohibited from procuring goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. 14. SUBSTITUTIONS (of "or Equal") All RLF procurement transactions shall be conducted in a manner that promotes maximum free and open competition. Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered for substitution. The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time. -11- SRF Supplemental General Conditions Revision 00 15. INSURANCE A. The Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or result from, the Contractor's execution of the Work, whether such execution be by the Contractor, any Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: i. Claims under worker's compensation, disability benefit and other similar employee benefit acts; ii. Claims for damages because of bodily injury, occupational sickness or disease, or death of employees; iii. Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; iv. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; and v. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. B. Certificates of Insurance acceptable to the Owner and the Commission shall be filed with the Owner and the Commission prior to commencement of the Work. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without written notice to the Owner and the Commission of intention to cancel that is in accordance with Arkansas Code Annotated §23-66-206. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen days prior written notice has been given to the Owner and the Commission. The Insurance shall be made by an agent licensed by the Insurance Commissioner of the State of Arkansas to represent the surety company executing the bonds. Furthermore, the Commission will be a "Certificate Holder" and the words "will endeavor" must be removed from the insurance form. C. The Contractor shall procure and maintain, at the Contractor's own expense, during the Contract Time, liability insurance as hereinafter specified: Contractor's General Public Liability and Property Damage Insurance including vehicle coverage issued to the Contractor and protecting the Contractor from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by the Contractor or by any Subcontractor employed by the Contractor or anyone directly or indirectly employed by the Contractor or by a Subcontractor employed by the Contractor. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 aggregate for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of -12- SRF Supplemental General Conditions Revision 00 liability of not less than $1,000,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two or more persons in any one accident. D. The Contractor shall furnish umbrella liability coverage, and keep it in effect during the term of the contract which provides excess limits over the primary coverages. The minimal amount of coverage will be determined by the Risk Management Division of the Arkansas Insurance Department. E. The Contractor shall procure and maintain, at the Contractor's own expense, during the Contract Time, in accordance with the provisions of the laws of the State in which the Work is performed, Worker's Compensation Insurance, including occupational disease provisions, for all of the Contractor's employees at the site of the Project and in case any Work is sublet, the Contractor shall require such Subcontractor similarly to provide Worker's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under Worker's Compensation statute, the Contractor shall provide, and shall cause each Subcontractor to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. F. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for Work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than the Contract Price totaled in the Bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the Contract Time, and until the Work is accepted by the Owner. The policy shall name as the insured the Contractor, and the Owner. 16. CONTRACT SECURITY A. The Contractor shall within ten days after the receipt of the Notice of Award furnish the Owner and the Commission with a Performance Bond and a Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such Bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570, provided that the contract amount shall not exceed the underwriting limitation listed for the surety in Circular 570. For contracts in excess of $100,000.00, the Bonds shall be issued by a Bonding Company by the A.M. BEST Rating Book as follows: -13- SRF Supplemental General Conditions Revision 00 i. contracts in excess of $100,000.00, but less than $1,000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's surplus. ii. contracts in excess of $1,000,000.00 - "A" rating or higher and contracts may not exceed 2.0% of the policyholder's surplus. B. In addition, the Bonds shall be executed by an Agent licensed by the Insurance Commissioner of the State of Arkansas to represent the surety company executing the bonds. The mere countersigning of a bond will not be sufficient. The Agent shall file with the bonds its Power of Attorney. The expense of these Bonds shall be borne by the Contractor. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of Surety Companies, the Contractor shall notify the Owner, Engineer, and the Commission and substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner and Commission. The Contractor shall pay the premiums on such Bond. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the Owner and the Commission 17. ASSIGNMENTS The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of any right, title or interest therein, or any obligations thereunder, without written consent of the Owner. 18. INDEMNIFICATION A. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims; damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the Work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction or tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor, and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. B. In any and all claims against the Owner or the Engineer, or any of their agents or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's compensation acts, disability benefits acts or other employee benefits acts. C. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, its agents or employees arising out of the preparation or approval of maps, Drawings, opinions, reports, surveys, Change Orders, designs or Specifications. -14- SRF Supplemental General Conditions Revision 00 19. SEPARATE CONTRACTS A. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the Work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the Work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such Work that render it unsuitable for such proper execution and results. B. The Owner may perform additional Work related to the Project or the Owner may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if the Owner is performing the additional Work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate the Work with theirs. C. If the performance of additional Work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by the Owner or others involves it in additional expense or entitles it to an extension of the Contract Time, the Contractor may make a claim thereof as provided in Sections 15 and 16. 20. SUBCONTRACTING A. The Contractor may utilize the services of specialty Subcontracts on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. B. The Contractor shall not award Work to Subcontractor(s), in excess of fifty percent of the Contract Price, without prior written approval of the Owner. C. The Contractor shall be fully responsible to the Owner for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. E. Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the Owner. -15- SRF Supplemental General Conditions Revision 00 21. PRE -CONSTRUCTION CONFERENCE A Pre -Construction Conference (PCC) will be held following the RLF loan closing, the review of bid documents by the Commission, and the Award of the construction contract(s). Work orders will not be issued until after the PCC is held and the Contractor has furnished an acceptable completion schedule as described by these Supplemental General Conditions. The PCC shall be attended by the Owner, Engineer, Contractor(s), and representatives of the Commission. The purpose of the conference will be to define the roles and responsibilities of the Owner, the Commission, the Engineer and all Contractors during the performance of the Contract. 22. SCHEDULES, REPORTS AND RECORDS A. The Contractor shall submit to the Owner and the Engineer such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the Contract Documents for the Work to be performed. One copy of the up-to-date schedule shall be maintained at the job site. B. Prior to the first partial payment estimate, the Contractor shall submit construction progress schedules showing the order in which the Contractor proposes to carry on the Work, including dates at which the various parts of the Work will be started, estimated date of completion of each part and, as applicable: i. The dates at which special detailed drawings will be required; and ii. Respective dates for submission of Shop Drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. C. The Contractor shall also submit a schedule of payments that the Contractor anticipates will be earned during the course of the Work that must be updated each month. 23. JOB BULLETIN BOARD The Contractor shall maintain a weather -tight job bulletin board in an area frequented by the Contractor's employees for the duration of construction. The job bulletin board shall display at a minimum a copy of the Davis -Bacon Wage Decision, a Davis -Bacon poster, a notice to employees concerning minimum wage requirements, Equal Employment Opportunity (Labor Standards) information, and a notice to labor unions as applicable. A copy of the construction schedule (i.e. critical path chart) is to be placed on the job bulletin board and updated monthly, showing project progress. -16- SRF Supplemental General Conditions Revision 00 24. SHOP DRAWINGS A. The Contractor shall provide Shop Drawings as may be necessary for the prosecution of the Work as required by the Contract Documents. The Engineer shall promptly review all Shop Drawings. The Engineer's approval of any Shop Drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any Shop Drawings, which substantially deviates from the requirement of the Contract Documents, shall be evidenced by a Change Order. B. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. C. Portions of the Work requiring Shop Drawings or submission of samples shall not begin until the Shop Drawings or submissions have been approved by the Engineer. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. 25. MATERIALS, SERVICES AND FACILITIES A. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the Work within the specified time. B. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Materials not located in or near the project site will not be eligible for re-imbursement. C. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the Manufacturer. D. Materials, supplies, and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. E. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or the Subcontractor subject to a chattel mortgage or under a conditional sale contractor other agreement by which an interest is retained by the Seller. 26. SAFETY STANDARDS A. The Contractor is responsible for complying with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333). The Contractor shall not require any laborer or -17- SRF Supplemental General Conditions Revision 00 mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by regulations of the Secretary of Labor. Job site situations which pose an immediate and serious threat to life or safety will be referred to the Occupational Safety and Health Administration (OSHA). B. Act 291 of the 1993 Arkansas General Assembly applies to all public improvement construction projects that involve any trench or excavation which equals or exceeds five feet in depth. Beginning March 1, 1993, Act 291 requires that: i. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P, be specifically incorporated into the specifications for the project; and ii. The contract bid form include a separate pay item for trench and excavation safety systems and be included in the base bid. In the event that a Contractor fails to complete a separate pay item in accordance with the Act, the Owner shall declare that the bid fails to comply fully with the specifications and the bid will be considered invalid as a non -responsive bid. The Owner shall notify the Safety Commission of the State Department of Labor of the award of a contract covered by this Act. 27. PROTECTION OF LIVES AND PROPERTY A. In order to protect the lives and health of its employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment or work under the contract. B. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of its plant, appliances and methods and for any damage which may result from his failure or his improper construction, maintenance or operation. 28. PROTECTION OF WORK, PROPERTY, AND PERSONS A. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor will take all necessary precautions for the safety of, will provide the necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, -18- SRF Supplemental General Conditions Revision 00 walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. B. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner, of the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. C. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. 29. PROTECTION OF THE ENVIRONMENT The Contractor will provide for protection of the environment as required by the Contract Documents, Local Ordinance, State and Federal Law and these Supplemental General Conditions. The Contractor shall: i. Limit the area of construction disturbance to areas within temporary and permanent easements and the land areas designated for the Contractors use in performing the work. ii. Provide for the protection of trees, shrubs and grass wherever possible. iii. Provide for the prevention of air pollution through burning permits as required. The Contractor shall provide dust control on haul roads as site conditions dictate. iv. Control noise pollution by providing efficient mufflers on all machinery and limiting work hours if required by the Contract Documents. V. Control excessive erosion and sedimentation at the job site through prompt seeding of disturbed areas and the construction of temporary control measures as required in the contract documents and by Storm Water Permits. vi. Perform the work in coordination with the Owner and in a manner that will provide for the continuous transport and treatment of wastewater during construction. vii. Cease all work in areas where species classified as threatened or endangered under the Endangered Species Act (Public Law 93-205 as amended) are discovered and promptly notify the Engineer. -19- SRF Supplemental General Conditions Revision 00 30. ARCHAEOLOGICAL, HISTORICAL, AND CULTURAL REMAINS The Contractor shall immediately stop all work in any area where artifacts of archaeological, historical or cultural significance are found and notify the Engineer. The Owner shall notify the Commission, the State Advisory Council on Historic Preservation and the Arkansas Natural Heritage Commission of the discovery. 31. STORM WATER PERMIT REQUIREMENTS A. The Contractor is advised that if this construction activity involves clearing, grading or excavation activities that result in the disturbance of one or more acres of total land area including areas which are part of the total RLF project, this activity is subject to Storm Water Permit Requirements of the Arkansas Department of Environmental Quality. The Owner will obtain an NPDES General Stormwater Permit for construction activities (ARR150000). The Contractor is responsible for compliance with all terms and conditions of the General Permit. Most RLF projects are eligible for inclusion under the General Permit. B. The General Permit requires the control of the entrance of pollutants into the surface and ground waters of the State. Temporary and permanent sediment and erosion control measures must be included in the Work during the course of construction. These measures may include temporary and permanent seeding, construction of catch basins, the use of mulch, straw bales and silt fences to control sediments, the use of riprap at erosion -prone areas, and other measures. C. The General Permit also requires maintenance and "good housekeeping practices" that include items such as proper waste disposal, proper storage for hazardous materials and designating safe places for equipment maintenance and wash -down. D. The Contractor is required to maintain on -site a Stormwater Pollution Prevention Plan describing the storm water pollution prevention measures that will be taken at the construction site. The Plan must include a site description, a description of the nature of the activity, the intended sequence of the work, estimates of the total area involved in the activity, an estimate of the possible volume of runoff from the area, site maps showing drainage patterns, pollution prevention measures that will be taken, and other items. E. The Contractor is responsible for implementation of Best Management Practices described within the Stormwater Pollution Prevention Plan. F. The Contractor shall be responsible for implementing all applicable requirements of the Owner's ADEQ General Stormwater Permit for Construction Activity, 401 Water Quality Certification, the COE Section 404 Permit, the ADEQ Short -Term Activity Authorization, the SPCCP, the USFWS recommendations for cave protection, local Municipal Separate Storm Sewer requirements, and all other environmental regulatory requirements that are associated with the construction activities that the Contractor is to perform. -20- SRF Supplemental General Conditions Revision 00 G. Additional information and application materials may be obtained by writing to the Arkansas Department of Environmental Quality's Storm Water Permits Section. 32. ENGINEER'S AUTHORITY A. The Engineer shall act as the Owner's representative during the construction period, shall decide questions which may arise as to quality and acceptability of materials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. B. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be made at the factory or fabrication plant of the source of material supply. C. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. D. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. 33. OWNER'S PROTECTION FROM CONTRACTOR'S ACTIONS The Engineer may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the owner from loss on account of: i. Defective work not remedied. ii. Claims filed or reasonable evidence indicating probable filing of claims. iii. Failure of Contractor to make payments properly to Subcontractors or for material or labor. iv. A reasonable doubt that the work can be completed for the balance then unpaid. v. Damage to another Contractor. vi. Performance of work in violation of the terms of the contract documents. 34. INSPECTION AND TESTING A. All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. B. The Owner shall provide for full time inspection of the work by the Engineer to assure the work is being performed in accordance with the approved plans, specifications and change orders; and in accordance with sound engineering principles and building practices. The Resident Inspector(s) of the Owner will perform required inspections and tests and maintain on -site records as assurance that the work conforms to the contract -21- SRF Supplemental General Conditions Revision 00 requirements. The Resident Inspector shall make available to the Owner and Commission representatives adequate records of such inspections and tests. Failed tests with passing retests will be clearly marked in the project records. C. The Contractor will maintain an adequate inspection and supervision system and perform required inspections and tests to assure that the work conforms to the contract requirements. The Contractor will make available to the Owner and the Commission adequate records of such inspections and tests. Failed tests with passing re -tests will be clearly marked in the project records. D. If laws, ordinances, or regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested, or approved by an employee or other representative of such public body, the Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish the Engineer the required certificates of inspection or approval. E. Inspections, tests, or approvals by the Engineer or others shall not relieve the Contractor from the obligations to perform the Work in accordance with the requirements of the Contract Documents and Specifications. F. The Engineer and the Engineer's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. G. The Commission will make periodic engineering and administrative inspections of the project to examine project records, monitor progress and inspect the work for conformance with contract requirements. The Commission shall notify the Owner and the Engineer of any observed deficiencies in the completed construction, procedures or materials used in construction, resident inspection, engineering supervision, financial management or any violation of loan program requirements. The Commission will require the Owner to take such action as may be necessary to correct any such observed deficiency. H. If any Work is covered contrary to the written instructions of the Engineer it must, if requested by the Engineer, be uncovered for the Engineer's observation and replaced at the Contractor's expense. I. If the Engineer considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in question, furnishing all necessary labor, materials, -22- SRF Supplemental General Conditions Revision 00 tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order shall be issued. J. The Contractor shall maintain books, records, documents and other evidence directly pertinent to performance on RLF funded work under this agreement in accordance with the provisions of these Contract Documents. The Contractor shall also maintain the financial information and data used in the preparation or support of the cost submission required for a change order and a copy of the cost summary submitted to the Owner. The Owner and the Commission or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The Contractor will provide proper facilities for such access and inspection. K. Upon completion of all project construction, the Commission will schedule a final inspection within thirty days of receipt of a written certification by the Owner that construction is ready for a final inspection. Prior to approval of the final construction payment, the Commission will verify that all construction is complete in accordance with plans, specifications and approved change orders, all equipment has been purchased and installed, the final contract amounts have been agreed to by Change Order, as -built drawings are complete, and the Owner has prepared an operation and maintenance manual that includes contractor supplied data as required by these Supplemental General Conditions. Following an acceptable Final Inspection by the Commission, the Commission will provide written acceptance to the Owner of the project and the final construction payment can be requested. The Commission will not approve the final construction payment until the Owner and the Contractor has complied with the requirement for the release of final payment as outlined in these Supplemental General Conditions. 35. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The Supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The Supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. -23- SRF Supplemental General Conditions Revision 00 36. PAYMENT TO CONTRACTOR A. Disbursements from the State Revolving Loan Fund (RLF) Programs shall be made monthly based upon actual work performed and materials stored on site less retainage. Funds will not be disbursed from the RLF without approval by the Commission. The Commission will approve disbursements provided the Owner (loan recipient) and the Contractor are in compliance with the provisions of these contract documents and RLF regulations. Contract cost overruns approved by the Commission but in excess of the loan amount must be funded by the Owner or through an additional loan. Contract cost overruns not approved by the Commission must be funded by the Owner. B. Each month, at least ten days before each progress payment falls due (but not more often than once a month), the Contractor shall prepare and submit to the Engineer a progress estimate acceptable in form and content to the Engineer and the Commission supported by such data as the Engineer may reasonably require. The estimate shall show a detailed breakdown of the amount of work completed previously, amount of work completed this period, amount of work completed to date, the amount of retainage, and the quantity and value of materials and equipment currently stored on site that have not been incorporated into the work. Partial payment requests will be placed on the form provided by the Commission and must include a reduced scale copy of the updated construction schedule. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner as will establish Owner's title to the material and equipment and protect the Owner's interest therein, including applicable insurance. The progress payment request shall also include a certification by the Contractor that it has complied with all labor standards. The Certification may be placed in the content of the progress payment request or Commission form "Certification by Contractor of Labor Standards Compliance" may be attached to the payment request. No disbursement request will be approved by the Commission without this certification. Furthermore, the Owner will provide the Commission a letter with each pay request certifying wages, through payroll review and employee interviews, met the Davis -Bacon Requirements of this contract. Copies of completed interviews will be forwarded to the Commission. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the Owner or return the partial payment estimate to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of presentation of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate less the retainage. -24- SRF Supplemental General Conditions Revision 00 Retainage will be in accordance with state law (Arkansas Code of 1987 as amended, Annotated 22-9-604) and as described herein. The retainage shall be an amount equal to five percent of said estimate (excluding Section C. below). Upon final completion of the work, any amount retained may be paid to the Contractor. When the Work has been completed except for Work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgement of the Owner are valid reasons for non -completion, the Owner may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the Work still to be completed. C. In compliance with Arkansas Code Ann. §17-25-404 (1995), ten percent may be withheld from the Engineer's estimate until a proper statement or certificate is received from the Contractors Licensing Board stating that the required bond has been filed and that the Contractor is otherwise in compliance with Arkansas Code Ann. §17-25-404 (1995). i. That no compensating tax is due the State under the contract. ii. That the tax due under the contract has been paid. iii. That a suitable surety bond has been provided by the Contractor and approved by the Contractors Licensing Board as prescribed in the Act. D. The Owner shall request payment on Disbursement Request Form supplied during the Pre -Construction Conference. The requested amount shall not exceed the current amounts approved for construction, engineering and other project costs on individual line items. Only those individuals authorized to represent the Owner and the Engineer shall sign the Disbursement Request Form. Documentation for costs incurred since the last disbursement request must accompany each pay request including the Contractor's monthly pay estimate with attachments as described in these Supplemental General Conditions and invoices for engineering, administrative, and legal services as well as approved equipment costs. E. The Owner is required to submit one copy of the completed Disbursement Request Form and all supporting documentation to the Commission for processing; the deadlines for all disbursements from the City to the Commission will be discussed at the Preconstruction Conference. Disbursement requests not received at the Commission prior to the deadlines established in the Preconstruction Conference will not be processed and paid until the following month. For the Owner to realize this deadline, Contractor estimates should be received by the Engineer on or before the 10th day of each month. The actual due date for Contractor estimates shall be as established by the Contract Documents or by the Engineer. F. Disbursements from the RLF are generally received by the Owner (loan recipient) from the Arkansas Development Finance Authority (ADFA) within the first ten working days of the month. The Owner shall promptly pay all bills due as disbursements are made from the RLF. -25- SRF Supplemental General Conditions Revision 00 G. Prior to Substantial Completion, the Owner with the approval of the Engineer and with the concurrence of the Contractor, may use any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. H. The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the Owner. Upon completion and acceptance of the Work, the Engineer shall issue a certificate attached to the final payment request that the Work has been accepted under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the Owner shall be paid to the Contractor within thirty days of completion and acceptance of the Work. J. The Contractor will indemnify and save the Owner or the Owner's gents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools and all supplies, incurred in the furtherance of the performance of the Work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, the Contractor's Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. K. If the Owner fails to make payment thirty days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. L. In addition to the Contract Time specified in these Contract Documents, the Bond Purchase Agreement between the Owner and the Commission contains an estimated completion date beyond which no further loan disbursements will be made without -26- SRF Supplemental General Conditions Revision 00 specific written waiver by ADFA and the Commission. ADFA and the Commission will grant waivers only where there is sufficient documented evidence that project completion was delayed through no fault of the Contractor and the Owner. Regardless of the existence of circumstances where a delay in completion is beyond the control of the Contractor and the Owner, a waiver to the estimated completion date will not be granted should the granting of such waiver harm any commitments made to the purchasers of Revolving Loan Fund Bonds issued by ADFA. Should a wavier be denied, the Owner must complete the project with its own funds or apply for an additional loan from the RLF program. 37. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance of the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this Work and for every act and neglect of the Owner and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. 38. CLEANUP AND CORRECTIONS Where work on unit price items are substantially complete but lack clean-up and/or corrections ordered by the Engineer, amounts shall be deducted from unit prices in partial payment estimates to amply cover such clean-up and corrections. 39. TAXES The Contractor will pay all sales, consumer, use and other similar taxes required by the laws of the place where the Work is performed. 40. STATE TAX EXEMPTION This section only applies with projects receiving Clean Water Revolving Loan Funds; Drinking Water Revolving Loan Funds can not receive this benefit. Except were applicable below, the Contractor will pay all sales, consumer, use and other similar taxes required by the laws of the place where the Work is performed. Machinery and equipment purchased by the Contractor for installation under this contract may be exempt from Arkansas Sales Tax. Arkansas Department of Finance and Administration Regulation GR- 66 states that the gross proceeds derived from the sale of pollution control machinery and equipment are exempt from the tax if: The machinery and equipment is utilized, either directly or indirectly, by manufacturing or processing plants or facilities, or cities or towns in Arkansas to prevent or reduce air or water pollution or contamination which might otherwise result from the operation of the plant or facility; and, -27- SRF Supplemental General Conditions Revision 00 ii. The machinery and equipment is required by Arkansas or federal law or regulations to be installed and utilized to control pollution or contamination as evidenced by written documentation from the Arkansas Natural Resources Commission or the Environmental Protection Agency. iii. Supplies and chemicals used by pollution control machinery and equipment are taxable. Should the contract involve the installation of pollution control machinery and equipment at a treatment facility, the Arkansas Department of Environmental Quality will furnish a written general certification to document that the machinery and equipment is required by Arkansas or federal law. A request for written documentation should be sent to the Arkansas Department of Environmental Quality's NPDES Permit Branch, Water Division. To claim the exemption, the Contractor must provide the vendor with a copy of the documentation. The invoice must show that the purchase is for pollution control machinery and equipment under Arkansas Code Annotated 26-53-114. Most ancillary items necessary to install the equipment do not qualify for tax exemption. Any questions involving the definition of machinery and equipment should be directed to the Arkansas Department of Finance and Administration's Sales and Use Tax Section. 41. OPERATION AND MAINTENANCE MANUAL A. The Contractor shall furnish four copies of all operation, maintenance, repair and replacement manuals, and product data for all equipment supplied by the Contractor to the Engineer. The Engineer shall not certify payments requesting more than eighty percent of the Contract amount until such time as all operation, maintenance, repair and replacement manuals, and product data has been furnished by the Contractor to the Engineer. B. The Engineer is required to obtain approval from the Commission of the project operation and maintenance manual prior to the release of the final construction payment. 42. CHANGES IN THE WORK A. The Owner may at any time, as the need arises, order changes within the scope of the Work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. B. All changes should be recorded and approved on a contract Change Order so that they may be included in partial payment estimates. The Commission must approve all contract Change Orders prior to commencing with the associated Work. When drafting Change Orders, the Engineer will use the RLF form provided by the Commission. C. All changes, which affect the cost of the construction of the Project, must be authorized by means of a contract Change Order. The contract Change Order will include extra work, -28- SRF Supplemental General Conditions Revision 00 work for which quantities have been altered from those shown in the bidding schedule, as well as decreases or increases in the quantities of installed units which are different than those shown in the bidding schedule because of final measurements. In the case of defective specifications for which the Owner is responsible, the equitable adjustment shall include any increased cost the Contractor reasonably incurred in attempting to comply with those defective specifications. Where justified, adjustments to the Contract Time specified in the Contract Documents shall be made in conjunction with changes in the work and with equitable adjustments in the contract price as described in these Supplemental General Conditions. Where delays in project completion are not due to changes in the work or acts of the Owner, extensions to the contract time will be made only where there is sufficient documented evidence that delays in project completion were caused by events beyond the contractor's control. The Owner shall promptly investigate the conditions and if found that conditions materially differ, the Owner will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this agreement as applicable. The Contractor shall promptly, and before such conditions are disturbed, notify the Owner in when differing site conditions occur. Notification will come in the writing with: i. Subsurface or latent physical conditions at the site differing materially from those indicated in this agreement, or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this agreement. No claim of the Contractor for increased cost or time due to differing site conditions shall be allowed unless the Contractor has given a written notice of the differing site conditions within thirty days of the discovery of such conditions. D. The Contractor shall document the necessity of all claims for additional cost and time in writing and shall provide detailed cost and time estimates to the Engineer for all proposed contract changes. The Engineer shall review the supporting documents and estimates provided by the Contractor for reasonableness and shall as necessary develop independent cost estimates of the proposed contract changes to assure that the cost of the proposed change is fair and reasonable. E. The Owner shall provide sufficient information such as a description and justification for the change, drawings, the Contractor's proposal and other supporting documentation to the Commission for review. The Owner shall promptly notify the Commission in writing of events or proposed changes which may substantially alter the design and scope of the Project, alter the type of treatment provided or the location, size, capacity, or quality of -29- SRF Supplemental General Conditions Revision 00 any major item of equipment or treatment unit, or exceed the amount of funds available to complete the project. F. The Contract Price may be changed only by a Change Order. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: i. Unit prices previously approved. ii. An agreed lump sum. G. Should project changes increase the amount of funds necessary to complete the Project beyond the initial loan amount, the Owner must fund the project changes or apply to the Commission for monies to cover the cost overruns. H. The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer unless the Contractor believes that such Field Order entitles the Contractor to change in Contract Price or Time, or both, in which event the Contractor shall give the Engineer written notice thereof within seven days after the receipt of the ordered change. Thereafter the Contractor shall document the basis for the change in Contract Price or Time within thirty days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the Owner. 43. SUBSURFACE CONDITIONS A. The Contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the Owner by Written Notice of: i. Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or ii. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. B. The Owner shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless the required Written Notice has been given; provided that the Owner may, if the Owner determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. 44. CORRECTION OF WORK A. The Contractor shall promptly remove from the premises all Work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the -30- SRF Supplemental General Conditions Revision 00 construction or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all Work of other Contractors destroyed or damaged by such removal or replacement. B. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten days after receipt of Written Notice, the Owner may remove such Work and store the materials at the expense of the Contractor. 45. SURVEYS, PERMITS, REGULATIONS A. The Owner, through the Engineer, shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the Contract Documents. From the information provided by the Engineer unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. B. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. C. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor unless otherwise stated in the Supplemental General Conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in Section 42, CHANGES IN THE WORK. 46. TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work embraced shall be commenced on a date specified in the Notice to Proceed. B. The Contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. -31- SRF Supplemental General Conditions Revision 00 C. If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the Bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. D. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following and the Contractor has promptly given Written Notice of such delay to the Owner or Engineer. i. To any preference, priority or allocation order duly issued by the Owner. ii. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and iii. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs (i.) and (ii) of this article. E. Where justified, adjustments to the Contract Time specified in the Contract Documents shall be made in conjunction with changes in the work and with equitable adjustments in the contract price as described in these Supplemental General Conditions. Where delays in project completion are not due to changes in the work or acts of the Owner, extensions to the contract time will be made only where there is sufficient documented evidence that delays in project completion were caused by events beyond the Contractor's control. Requests for time extensions by the Contractor must be submitted with the pay estimate for the month that the lost days are being sought. F. Notification procedures. At eighty percent completion of project construction time the Engineer will contact in writing the Surety Company, the Contractor, the Owner, and the Funding Agencies. The letter will contain contract specific language concerning time left in the contract and work needed to be completed. If the Engineer deems the project to be on time for completion then they may contact the Owner and the Funding Agency via email requesting a relief from this clause. When contract time has been completed and the project is not substantially complete, the Engineer will notify in writing the Surety Company, the Contractor, the Owner, and the Funding Agencies. The letter will notify all parties that Liquidated Damages will be assessed from this point forward until the project has been completed. iii. If paragraph ii. above is enacted, the Engineer will contact all parties in writing when the project is complete. -32- SRF Supplemental General Conditions Revision 00 47. SUSPENSION OF WORK, TERMINATION, AND DELAY A. The Owner may suspend the Work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by Written Notice to the Contractor and the Engineer, which shall fix the date on which Work shall be resumed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension. B. If the Contractor is adjudged to be bankrupt or insolvent, or makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of its property, or if the Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to Subcontractors or for labor, materials, or equipment or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the Work or disregards the authority of the Engineer, or otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and its surety a minimum of ten days from delivery of a Written Notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method the Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. C. Where the Contractor's services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. Upon receipt of a termination action the Contractor shall promptly discontinue all affected work (unless the notice directs otherwise), and deliver or otherwise make available to the Owner all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this agreement, whether completed or in process. D. After ten days from delivery of a Written Notice to the Contractor and the Engineer, the Owner may, without cause and with prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case the Contractor shall be paid for all Work executed and any expense sustained plus reasonable profit. -33- SRF Supplemental General Conditions Revision 00 E. If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the Owner or under an order of the court or other public authority, or the Engineer fails to act on any request for payment within thirty days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within thirty days of its approval and presentation, then the Contractor may, after ten days from delivery of a Written Notice to the Owner and the Engineer terminate the Contract and recover from the Owner payment for all Work executed and all expenses sustained. In addition and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may upon ten days written notice to the Owner and the Engineer stop the Work until paid all amounts then due, in which event and upon resumption of the Work Change Orders shall be issued for adjusting the Contract Price or extending the Contract Time or both to compensate for the costs and delays attributable to the stoppage of the Work. F. If the performance of all or any portion of the Work is suspended, delayed, or interrupted as a result of a failure of the Owner or Engineer to act within the time specified in the Contract Documents, or if no time is specified, within a reasonable time, an adjustment in the Contract Price or an extension of the Contract Time, or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or Engineer. 48. AS -BUILT DRAWINGS To assure quality control, the Contractor and the Owner's Inspector shall each maintain a complete set of Plans and Specifications and approved shop drawings at the construction site. In addition, one set of Plans shall be maintained at the site solely for the purpose of marking authorized changes in the plans as the work progresses. These marked up drawings shall be used in the preparation of as -built drawings following project completion and shall be maintained in current condition at all times. 49. GUARANTEE The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one year from the date of Substantial Completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other Work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. -34- SRF Supplemental General Conditions Revision 00 50. PATENTS The Contractor shall pay all applicable royalties and license fees, and shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for any such loss when a particular process, design, or product of a particular manufacturer or manufacturers is specified, however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, the Contractor shall be responsible for such loss unless the Contractor promptly gives such information to the Engineer. 51. CONFLICTS OF INTEREST No official of the Owner who is authorized in such capacity and on behalf of the "Owner" to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the "Owner" who is authorized in such capacity and on behalf of the "Owner" who is in any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 52. ARBITRATION BY MUTUAL AGREEMENT A. All claims, disputes, and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by making an acceptance of final payment as provided by Section 36 and 37, may be decided by arbitration if the parties mutually agree. Any agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. B. Notice of the request for arbitration shall be filed in writing with the other party to the Contract Documents and a copy shall be filed with the Engineer. Request for arbitration shall in no event be made on any claim, dispute, or other matter in question which would be barred by the applicable statute of limitations. C. The Contractor shall diligently pursue the completion of the work during any arbitration or court proceeding unless the work is suspended by the Owner or the contract terminated under the provisions of the Contract Documents. 53. GRATUITIES If the Owner finds after a notice and hearing that the Contractor or any of the Contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of the Owner, or the State, in an attempt -35- SRF Supplemental General Conditions Revision 00 to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this agreement, the Owner may, by written notice to the Contractor, terminate this agreement. The Owner may also pursue other rights and remedies that the law or this agreement provides. However, the existence of the facts on which the Owner bases such findings shall be at issue and may be reviewed in proceedings under the Disputes and Remedies section of these Supplemental General Conditions. l:Zf]:114111197►[97►[0I4.4IMl►iI14Xd9]►FiIiTi111►1BF-A9[97►Ie1►1P1T/U]X03411:1y/a14wil0[0l: SERVICES OR EQUIPMENT The Contractor and all subcontractors awarded subcontracts must comply with regulations at 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, implementing section 889 of Public Law 115-232. The regulation prohibits the use of federal funds to procure, enter into, extend, or renew contracts, or obtain equipment, systems, or services that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor hereby represents and warrants to and for the benefit of the Owner and the Commission that: (a) the Contractor has reviewed and understands the prohibition on certain telecommunication and video surveillance services, or equipment (the "Prohibition Requirement") and (b) the Contractor will provide verified information, certification or assurance of compliance with this paragraph, or information necessary to support the Prohibition Requirement. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Commission to recover as damages against the Contractor for any loss, expense, or cost including, without limitation, attorney's fees, incurred by the Owner or Commission resulting from any such failure including, without limitation, any impairment or loss of funding, whether in whole or in part, from the Commission or any damages owed to the Commission by the Owner. While the Contractor has no direct contractual privity with the Commission, the Owner and the Contractor agree that the Commission is a third -party beneficiary and neither this paragraph nor any other provision of this Agreement necessary to give this paragraph force or effect, shall be amended or waived without the prior written consent of the Commission. A copy of the EPA Memorandum implementing the Prohibition Requirement is attached as Appendix E to these Supplemental General Conditions. -36- SRF Supplemental General Conditions Revision 00 Appendix A. United States Environmental Protection Agency Washington, DC 20460 Labor Standards Provisions for Federally Assisted Contracts Davis -Bacon and Related Acts ATTACHMENT 1 CWSRF: The recipient agrees to include in all agreements to provide assistance for the construction of treatment works carried out in whole or in part with such assistance made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), or with such assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or both, a term and condition requiring compliance with the requirements of section 513 of that Act (33 U.S.C. 1372) in all procurement contracts and sub -grants, and require that loan recipients, procurement contractors and sub - grantees include such a term and condition in subcontracts and other lower tiered transactions. All contracts and subcontracts for the construction of treatment works carried out in whole or in part with assistance made available as stated herein shall insert in full in any contract in excess of $2,000 the contract clauses as attached hereto entitled "Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)." This term and condition applies to all agreements to provide assistance under the authorities referenced herein, whether in the form of a loan, bond purchase, grant, or any other vehicle to provide financing for a project, where such agreements are executed on or after October 30, 2009. DWSRF: The recipient agrees to include in all agreements to provide assistance for any construction project carried out in whole or in part with such assistance made available by a drinking water revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), a term and condition requiring compliance with the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C.300j-9(e)) in all procurement contracts and sub - grants, and require that loan recipients, procurement contractors and sub -grantees include such a term and condition in subcontracts and other lower tiered transactions All contracts and subcontracts for any construction project carried out in whole or in part with assistance made available as stated herein shall insert in full in any contract in excess of $2,000 the contract clauses as attached hereto entitled "Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)." This term and condition applies to all agreements to provide assistance under the authorities referenced herein, whether in the form of a loan, bond purchase, grant, or any other vehicle to provide financing for a project, where such agreements are executed on or after October 30, 2009. 37 SRF Supplemental General Conditions Revision 00 ATTACHMENT 2 Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each State which in turn provides subgrants or loans to eligible entities within the State. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section 1-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in Section II-5. I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) for Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis - Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient. If a State recipient needs guidance, the recipient may contact Lorraine Fleury at fleury.lorraine@epa.gov or at 215-814-2341 of EPA, Region III Grants and Audit Management Branch for guidance. for guidance. The recipient or subrecipient may also obtain additional guidance from DOL's web site at.http://www.dol.gov/whdZ 1. Applicability of the Davis -Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 38 SRF Supplemental General Conditions Revision 00 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 39 SRF Supplemental General Conditions Revision 00 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 40 SRF Supplemental General Conditions Revision 00 Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov. (A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all 41 SRF Supplemental General Conditions Revision 00 workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis - Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 42 SRF Supplemental General Conditions Revision 00 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA , the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 43 SRF Supplemental General Conditions Revision 00 (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees, (i) Apprentices. (a) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed - (i) pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, 44 SRF Supplemental General Conditions Revision 00 Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or (ii) if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f) In the event the Office of Apprenticeship Training, Employer and Labor Services (OATELS), or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. 45 SRF Supplemental General Conditions Revision 00 Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to 46 SRF Supplemental General Conditions Revision 00 include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such 47 SRF Supplemental General Conditions Revision 00 workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the 48 SRF Supplemental General Conditions Revision 00 Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract . Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be 49 SRF Supplemental General Conditions Revision 00 conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/contacts/whd/america2.htm. II. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) for Subrecipients That Are Not Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its DB responsibilities when DB applies to EPA awards of financial assistance under the FY2013 Continuing Resolution with respect to subrecipients that are not governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient for guidance. If a State recipient needs guidance, the recipient may contact Julie Milazzo at Milazzo.julie@epa.gov or at 415-972-3687, EPA Grants Management Office for guidance. The recipient or subrecipient may also obtain additional guidance from DOL's web site at http://www.dol.gov/whd/ Under these terms and conditions, the subrecipient must submit its proposed DB wage determinations to the State recipient for approval prior to including the wage determination in any solicitation, contract task orders, work assignments, or similar instruments to existing rnntrartnrc 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients must obtain proposed wage determinations for specific localities at www.wdol.gov. After the Subrecipient obtains its proposed wage determination, it must submit the wage determination to the Arkansas Natural Resources Commission's Water Resource Development Division for approval prior to inserting the wage determination into a solicitation, contract or issuing task orders, work assignments or similar instruments to existing contractors (ordering instruments unless subsequently directed otherwise by the State recipient Award Official. 50 SRF Supplemental General Conditions Revision 00 (b) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov. on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (c) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (d) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 51 SRF Supplemental General Conditions Revision 00 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 52 SRF Supplemental General Conditions Revision 00 Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov. . (ii) (A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient(s) to the State award official. The State award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request, and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all 53 SRF Supplemental General Conditions Revision 00 workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s) shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount 54 SRF Supplemental General Conditions Revision 00 of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 55 SRF Supplemental General Conditions Revision 00 (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, 56 SRF Supplemental General Conditions Revision 00 or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe 57 SRF Supplemental General Conditions Revision 00 benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iv) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the 58 SRF Supplemental General Conditions Revision 00 Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without 59 SRF Supplemental General Conditions Revision 00 payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient shall upon the request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. 60 SRF Supplemental General Conditions Revision 00 (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whd/america2.htm. 61 SRF Supplemental General Conditions Revision 00 Appendix B. Rules and Regulations Title 41- Public Contract and Property Management Chapter 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor Compliance Responsibility for Equal Employment Opportunity Final Rule Part 60-1 Obligations of Contractors and Sub -Contractors §60-1.4 Equal Opportunity Clause (a) FEDERALLY ASSISTED CONSTRUCTION CONTRACTS (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (2) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection fortraining, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (3) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 62 SRF Supplemental General Conditions Revision 00 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER. That in the event a contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interest of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: PROVIDED, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering. agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliances. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee): refrain from extending any further assistance to the applicant under the program 63 SRF Supplemental General Conditions Revision 00 with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (b) SUBCONTRACTS. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (c) INCORPORATION BY REFERENCE. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the director may designate. (d) INCORPORATION BY OPERATION OF THE ORDER. By operation of the Order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the Order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (e) ADAPTATION OF LANGUAGE. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. Part 60-4 - Construction Contractors - Affirmative Action Requirements §60-4.2 Solicitations. (a) All Federal contracting officers and all applicants shall include the notice set forth in paragraph (d) of this section and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth in §60-4.3 of this part in all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts to be performed in geographical areas designated by the Director pursuant to §60-4.6 of the part. Administering agencies shall require the inclusion of the notice set forth in paragraph (d) of this section and the specifications set forth in §60-4.3 of this part as a condition of any grant, contract, subcontract, loan, insurance or guarantee involving federally assisted construction covered by this part 60-4. (b) All nonconstruction contractors covered by Executive Order 11246 and the implementing regulations shall include the notice in paragraph (d) of this section in all construction agreements which are necessary in whole or in part to the performance of the covered nonconstruction contract. (c) Contracting officers, applicants and nonconstruction contractors shall give (SIC) written notice to the Director within 10 working days of award of a contract subject to these provisions. The notification shall include the name, address and telephone number of the contractor; employer identification number; dollar amount of the contract, estimated starting and completion dates of the contract; the contract number; and geographical area in which the contract is to be performed. (d) The following notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designed by the Director pursuant to §60-4.5 of this part (see 4) CFR 60-4.2 (a)): NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 64 SRF Supplemental General Conditions Revision 00 (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Time Tables Goals for minority participation for Goals for female participation in each trade each trade Insert goals for each year. Insert goals for each year. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed, with regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specification set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of the meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR part 60-4, Compliance with the goals will be measured against the total work hours performed. (3) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction sub -contract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract ; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (4) As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). §60-4.3 EQUAL OPPORTUNITY CLAUSES; (a) The equal opportunity clause published at 41 CFR 60-1.4 (a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4 (b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal 65 SRF Supplemental General Conditions Revision 00 contracting officers, all applicants and all nonconstruction contractors as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to §60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non -construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (1) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted: b. "Director" means Director, Office of Federal Contracts Compliance Programs, United States Department of Labor, or any person to who the Director delegates authority: C. "Employer identification number" means the Federal Social Security number used on the Employer' s Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority' includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless or race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which a set forth in the solicitations from which this contract resulted. (3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate, their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in a approved Plan is individually required to comply with its obligations underthe EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. SRF Supplemental General Conditions Revision 00 (4) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal of federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting the goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement, or the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications. Executive Order 11246, or the regulations promulgated pursuant thereto. (6) In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. The trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a.. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the 67 SRF Supplemental General Conditions Revision 00 Contractor, this shall be documented in the file with the reason therefore, along with what -ever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meets its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female new media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with who the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and SRF Supplemental General Conditions Revision 00 encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligation under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participating may be asserted as fulfilling any one or more to its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf to the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. (9) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (10) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (11) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (12) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing 69 SRF Supplemental General Conditions Revision 00 regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (13) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contract fails to comply with the requirements to the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes of status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (15) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). (b) The notice set forth in 41 CFR 60-4.2 and the specifications set forth in 41 CFR 60-4.3 replace the New Form for Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction published at 41 FR 32482 and commonly known as the Model Federal EEO Bid Conditions, and the New Form shall not used after the regulations in 41 CFR part 60-4 become effective. 70 SRF Supplemental General Conditions Revision 00 Appendix C. 40 CFR PART 33 PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS Subpart C—Good Faith Efforts § 33.301 What does this subpart require? A recipient, including one exempted from applying the fair share objective requirements by § 33.411, is required to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, even if it has achieved its fair share objectives under subpart D of this part: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. § 33.302 Are there any additional contract administration requirements? (a) A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the recipient. (b) A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. (c) If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described in § 33.301 if soliciting a replacement subcontractor. 71 SRF Supplemental General Conditions Revision 00 (d) A recipient must require its prime contractor to employ the six good faith efforts described in § 33.301 even if the prime contractor has achieved its fair share objectives under subpart D of this part. § 33.303 Are there special rules for loans under EPA financial assistance agreements? A recipient of an EPA financial assistance agreement to capitalize a revolving loan fund, such as a State under the CWRLF or DWSRF or an eligible entity under the Brownfields Cleanup Revolving Loan Fund program, must require that borrowers receiving identified loans comply with the good faith efforts described in § 33.301 and the contract administration requirements of §3.302. This provision does not require that such private and nonprofit borrowers expend identified loan funds in compliance with any other procurement procedures contained in 40 CFR part 30, part 31, or part 35, subpart O, as applicable. § 33.304 Must a Native American (either as an individual, organization, Tribe or Tribal Government) recipient or prime contractor follow the six good faith efforts? (a) A Native American (either as an individual, organization, corporation, Tribe or Tribal Government) recipient or prime contractor must follow the six good faith efforts only if doing so would not conflict with existing Tribal or Federal law, including but not limited to the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e), which establishes, among other things, that any federal contract, subcontract, grant, or subgrant awarded to Indian organizations or for the benefit of Indians, shall require preference in the award of subcontracts and subgrants to Indian organizations and to Indian -owned economic enterprises. (b) Tribal organizations awarded an EPA financial assistance agreement have the ability to solicit and recruit Indian organizations and Indian -owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. Tribal governments with promulgated tribal laws and regulations concerning the solicitation and recruitment of Native -owned and other minority business enterprises, including women -owned business enterprises, have the discretion to utilize these tribal laws and regulations in lieu of the six good faith efforts. If the effort to recruit Indian organizations and Indian -owned economic enterprises is not successful, then the recipient must follow the six good faith efforts. All tribal recipients still must retain records documenting compliance in accordance with § 33.501 and must report to EPA on their accomplishments in accordance with § 33.502. (c) Any recipient, whether or not Native American, of an EPA financial assistance agreement for the benefit of Native Americans, is required to solicit and recruit Indian organizations and Indian -owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. If the efforts to solicit and recruit Indian organizations and Indian -owned economic enterprises is not successful, then the recipient must follow the six good faith efforts. (d) Native Americans are defined in § 33.103 to include American Indians, Eskimos, Aleuts and Native Hawaiians. 72 SRF Supplemental General Conditions Revision 00 Appendix D. MEMORANDUM SUBJECT: Implementation of American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 FROM: Andrew Sawyers, Director Office of Wastewater Management (4201M) Peter Grevatt, Director Office of Ground Water and Drinking Water (4601M) TO: Water Management Division Directors Regions I - X P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel (AIS)" requirement in section 436 that requires Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end of Fiscal Year 2014. Section 436 also sets forth certain circumstances under which EPA may waive the AIS requirement. Furthermore, the Act specifically exempts projects where engineering specifications and plans were approved by a State agency prior to January 17, 2014. The approach described below explains how EPA will implement the AIS requirement. The first section is in the form of questions and answers that address the types of projects that must comply with the AIS requirement, the types of products covered by the AIS requirement, and compliance. The second section is a step-by-step process for requesting waivers and the circumstances under which waivers may be granted. 73 SRF Supplemental General Conditions Revision 00 Implementation The Act states: Sec. 436. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act. 74 SRF Supplemental General Conditions Revision 00 The following questions and answers provide guidance for implementing and complying with the AIS requirements: Project Coverage What classes of projects are covered by the AIS requirement? All treatment works projects funded by a CWSRF assistance agreement, and all public water system projects funded by a DWSRF assistance agreement, from the date of enactment through the end of Fiscal Year 2014. The AIS requirements apply to the entirety of the project, no matter when construction begins or ends. Additionally, the AIS requirements apply to all parts of the project, no matter the source of funding. Covered Iron and Steel Products What is an iron or steel product? For purposes of the CWSRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works: Lined or unlined pipes or fittings; Manhole Covers; Municipal Castings (defined in more detail below); Hydrants; Tanks; Flanges; Pipe clamps and restraints; Valves; Structural steel (defined in more detail below); Reinforced precast concrete; and Construction materials (defined in more detail below). What does the term 'primarily iron or steel' mean? 'Primarily iron or steel' places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs. Can you provide an example of how to perform a cost determination? For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and the cost then would include the pouring and casting to create those components. The other material costs would include non -iron and steel internal workings of the fire hydrant (i.e., stem, coupling, valve, seals, etc.). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States (US) provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed in a later question. 75 SRF Supplemental General Conditions Revision 00 If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US? The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non -listed item can be sourced from outside the US. What is the definition of steel? Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, alloy steel, stainless steel, tool steel and other specialty steels. What does `produced in the United States' mean? Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a coating are similarly not covered. Non -iron or steel components of an iron and steel product may come from non -US sources. For example, for products such as valves and hydrants, the individual non -iron and steel components do not have to be of domestic origin. Are the raw materials used in the production of iron or steel required to come from US sources? No, raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non - US sources. If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US? No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes or scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel. 76 SRF Supplemental General Conditions Revision 00 What is the definition of 'municipal castings'? Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: Access Hatches; Ballast Screen; Benches (Iron or Steel); Bollards; Cast Bases; Cast Iron Hinged Hatches, Square and Rectangular; Cast Iron Riser Rings; Catch Basin Inlet; Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards; Curb Openings; Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and Curb Inlets; Inlets; Junction Boxes; Lampposts; Manhole Covers, Rings and Frames, Risers; Meter Boxes; Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash receptacles; Tree Grates; Tree Guards; Trench Grates; and Valve Boxes, Covers and Risers. What is 'structural steel'? Structural steel is rolled flanged shapes, having at least one dimension of their cross-section 3 inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide - flange shapes, standard I -beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. 77 SRF Supplemental General Conditions Revision 00 What is a 'construction material' for purposes of the AIS requirement? Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered "structural steel". This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, gates, and screens. What is not considered a 'construction material' for purposes of the AIS requirement? Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electrical/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, and analytical instrumentation, and dewatering equipment. If the iron or steel is produced in the US, may other steps in the manufacturing process take place outside of the US, such as assembly? No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete? While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing rebar must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin. 78 SRF Supplemental General Conditions Revision 00 If the reinforced concrete is cast at the construction site, the reinforcing rebar is considered to be a construction material and must be produced in the US. 79 SRF Supplemental General Conditions Revision 00 Compliance How should an assistance recipient document compliance with the AIS requirement? In order to ensure compliance with the AIS requirement, specific AIS contract language must be included in each contract, starting with the assistance agreement, all the way down to the purchase agreements. EPA recommends the use of a step certification process, similar to one used by the Federal Highway Administration. The step certification process is a method to ensure that producers adhere to AIS requirements and assistance recipients can verify that products comply with the AIS requirement. The process also establishes accountability and better enables States to take enforcement actions against violators. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. A step certification is a process under which each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. A certification can be quite simple. Typically, it includes the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer's responsible party. Attached, as Attachment 3, is a sample certification. These certifications should be collected and maintained by the assistance recipients. Alternatively, the final manufacturer that delivers the iron or steel product to either the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the US. While this type of certification may be acceptable, it may not provide the same degree of assurance. Additional documentation may be needed if the certification is lacking important information. Step certification is the best practice. How should a State ensure assistance recipients are complying with the AIS requirement? States should, as a best practice, conduct site visits of projects during construction and review documentation demonstrating proof of compliance which the assistance recipient has gathered. 80 SRF Supplemental General Conditions Revision 00 What happens if a State or EPA finds a non -compliant iron and/or steel product permanently incorporated in the project? If a potentially noncompliant product is identified, the State should notify the assistance recipient of the apparent unauthorized use of a non -domestic component, including a proposed corrective action, and should be given the opportunity to reply. If unauthorized use is confirmed, the State can take one or more of the following actions: request a waiver where appropriate; require the removal of the non -domestic item; or withhold payment for all or part of the project. Only EPA can issue waivers to authorize the use of a non -domestic item. EPA may use remedies available to it under the Clean Water Act, the Safe Drinking Water Act, and 40 CFR part 31 grant regulations in the event of a violation of a grant term and condition. It is recommended that the State work collaboratively with EPA to determine the appropriate corrective action, especially in cases where the State is the one who identifies the item in noncompliance or there is a disagreement with the assistance recipient. If fraud, waste, abuse, or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1 (888) 546-8740 or OIG_Hotline@epa.gov. More information can be found at this website: http://www.epa.gov/oig/hotline.htm. How do international trade agreements affect the implementation of the AIS requirements? The AIS provision applies in a manner consistent with United States obligations under international agreements. Typically, these obligations only apply to direct procurement by the entities that are signatories to such agreements. In general, SRF assistance recipients are not signatories to such agreements, so these agreements have no impact on this AIS provision. In the few instances where such an agreement applies to a municipality, that municipality is under the obligation to determine its applicability and requirements and document the actions taken to comply for the State. Waiver Process The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent. In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework described below will allow States to apply for waivers of the AIS requirement directly to EPA Headquarters. Pursuant to the Act, EPA has the responsibility to make findings as to the issuance of waivers to the AIS requirements. 81 SRF Supplemental General Conditions Revision 00 Definitions The following terms are critical to the interpretation and implementation of the AIS requirements and apply to the process described in this memorandum: Reasonably Available Quantity: The quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design. Satisfactory Quality: The quality of iron or steel products, as specified in the project plans and designs. Assistance Recipient: A borrower or grantee that receives funding from a State CWSRF or DWSRF program. Step -By -Step Waiver Process Application by Assistance Recipient Each local entity that receives SRF water infrastructure financial assistance is required by section 436 of the Act to use American made iron and steel products in the construction of its project. However, the recipient may request a waiver. Until a waiver is granted by EPA, the AIS requirement stands, except as noted above with respect to municipalities covered by international agreements. The waiver process begins with the SRF assistance recipient. In order to fulfill the AIS requirement, the assistance recipient must in good faith design the project (where applicable) and solicit bids for construction with American made iron and steel products. It is essential that the assistance recipient include the AIS terms in any request for proposals or solicitations for bids, and in all contracts. The assistance recipient may seek a waiver at any point before, during, or after the bid process, but before installation of the product, if one or more of the following three conditions is met: 1. Applying the American Iron and Steel requirements of the Act would be inconsistent with the public interest; 2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Proper and sufficient documentation must be provided by the assistance recipient. A checklist detailing the types of information required for a waiver to be processed is attached as Attachment 1. 82 SRF Supplemental General Conditions Revision 00 Additionally, it is strongly encouraged that assistance recipients hold pre -bid conferences with potential bidders. A pre -bid conference can help to identify iron and steel products needed to complete the project as described in the plans and specifications that may not be available from domestic sources. It may also identify the need to seek a waiver prior to bid, and can help inform the recipient on compliance options. In order to apply for a project waiver, the assistance recipient should email the request in the form of a Word document (.doc) to the State SRF Engineer. The State SRF designee will review the application for the waiver and determine whether the necessary information has been included. Once the waiver application is complete, the State designee will forward the application to either of two email addresses. For CWSRF waiver requests, please send the application to: cwsrfwaiver@epa.gov. For DWSRF waiver requests, please send the application to: dwsrfwaiver@epa.gov. Evaluation by EPA After receiving an application for waiver of the AIS requirements, EPA Headquarters will publish the request on its website for 15 days and receive informal comment. EPA Headquarters will then use the checklist in Attachment 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. In the event that EPA finds that adequate documentation and justification has been submitted, the Administrator may grant a waiver to the assistance recipient. EPA will notify the State designee that a waiver request has been approved or denied as soon as such a decision has been made. Granting such a waiver is a 3-step process: 1. Posting — After receiving a complete application for a waiver, EPA is required to publish the application and all material submitted with the application on EPA's website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to EPA. The website can be found at: http://water.epa. grants_funding/aisrequirement.cfm 2. Evaluation — After receiving an application for waiver of the AIS requirements, EPA Headquarters will use the checklist in Attachment 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver — that it is quantitatively and qualitatively sufficient — and to determine whether or not to grant the waiver. 3. Signature of waiver approval by the Administrator or another agency official with delegated authority — as soon as the waiver is signed and dated, EPA will notify the State SRF program, and post the signed waiver on our website. The assistance recipient should keep a copy of the signed waiver in its project files. 83 SRF Supplemental General Conditions Revision 00 Public Interest Waivers EPA has the authority to issue public interest waivers. Evaluation of a public interest waiver request may be more complicated than that of other waiver requests so they may take additional time for a decision to be made. An example of a public interest waiver that might be issued could be for a community that has standardized on a particular type or manufacturer of a valve because of its performance to meet their specifications. Switching to an alternative valve may require staff to be trained on the new equipment and additional spare parts would need to be purchased and stocked, existing valves may need to be unnecessarily replaced, and portions of the system may need to be redesigned. Therefore, requiring the community to install an alternative valve would be inconsistent with public interest. EPA also has the authority to issue a public interest waiver that covers categories of products that might apply to all projects. EPA reserves the right to issue national waivers that may apply to particular classes of assistance recipients, particular classes of projects, or particular categories of iron or steel products. EPA may develop national or (U.S. geographic) regional categorical waivers through the identification of similar circumstances in the detailed justifications presented to EPA in a waiver request or requests. EPA may issue a national waiver based on policy decisions regarding the public's interest or a determination that a particular item is not produced domestically in reasonably available quantities or of a sufficient quality. In such cases, EPA may determine it is necessary to issue a national waiver. If you have any questions concerning the contents of this memorandum, you may contact us, or have your staff contact Jordan Dorfman, Attorney -Advisor, State Revolving Fund Branch, Municipal Support Division, at dorfman.jordan@epa.gov or (202) 564-0614 or Kiri Anderer, Environmental Engineer, Infrastructure Branch, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. 84 SRF Supplemental General Conditions Revision 00 Attachment 1: Information Checklist for Waiver Request The purpose of this checklist is to help ensure that all appropriate and necessary information is submitted to EPA. EPA recommends that waiver applicants review this checklist carefully and provide all appropriate information to EPA. This checklist is for informational purposes only and does not need to be included as part of a waiver application. Items ✓ Notes General • Waiver request includes the following information: — Description of the foreign and domestic construction materials — Unit of measure — Quantity — Price — Time of delivery or availability — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials • Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime contractor Cost • Waiver request includes the following information: — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the process for identifying suppliers and a list of contacted suppliers Availability • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date for construction materials — Documentation of the assistance recipient's efforts to find available domestic sources, such as a description of the process for identifying suppliers and a list of contacted suppliers. — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction materials • Waiver request includes a statement from the prime contractor confirming the non -availability of the domestic construction materials for which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request, for comparable projects? 85 SRF Supplemental General Conditions Revision 00 Attachment 2: EPA HQ Review Checklist for Waiver Request Instructions: To be completed by EPA. Review all waiver requests using the questions in the checklist, and mark the appropriate box as Yes, No or N/A. Marks that fall inside the shaded boxes may be grounds for denying the waiver. If none of your review markings fall into a shaded box, the waiver is eligible for approval if it indicates that one or more of the following conditions applies to the domestic product for which the waiver is sought: 1. The iron and/or steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. 2. The inclusion of iron and/or steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Review Items Yes No N/A Comments Cost • Does the waiver request include the following information? — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — A sufficient number of bid documents or pricing information from domestic sources to constitute a reasonable survey of the market • Does the Total Domestic Project exceed the Total Foreign Project Cost by more than 25%? Availability • Does the waiver request include supporting documentation sufficient to show the availability, quantity, and/or quality of the iron and/or steel product for which the waiver is requested? — Supplier information or other documentation indicating availability/delivery date for materials — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of materials • Does supporting documentation provide sufficient evidence that the contractors made a reasonable effort to locate domestic suppliers of materials, such as a description of the process for identifying suppliers and a list of contacted suppliers? • Based on the materials delivery/availability date indicated in the supporting documentation, will the materials be unavailable when they are needed according to the project schedule? (By item, list schedule date and domestic delivery quote date or other relevant information) • Is EPA aware of any other evidence indicating the non -availability of the materials for which the waiver is requested? Examples include: — Multiple waiver requests for the materials described in this waiver request, for comparable projects in the same State — Multiple waiver requests for the materials described in this waiver request, for comparable projects in other States — Correspondence with construction trade associations indicating the non -availability of the materials • Are the available domestic materials indicated in the bid documents of inadequate quality compared those required by the project plans, specifications, and/or permits? 86 SRF Supplemental General Conditions Revision 00 87 SRF Supplemental General Conditions Revision 00 Attachment 3: Sample Certification for Step Certification Process The following information is provided as a sample letter of step certification for Buy America compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: Buy America Step Certification for Project (XXXXX-XXXXXXA) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative SRF Supplemental General Conditions Revision 00 The following information is provided as a sample letter of certification for Buy America compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: Buy America Certification for Project (XXXXX-XXXXXXA) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 89 SRF Supplemental General Conditions Revision 00 Appendix E. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment in the SRF Programs OFFICE OF WATER UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MEMORANDUM SUBJECT: Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment in the SRF Programs FROM: Kiri Anderer, P.E., Acting Associate Branch Chief Infrastructure Branch, OGWDW Michael Deane, Branch Chief State Revolving Fund Branch, OWM TO: SRF Branch Chiefs Regions 1-10 Effective August 13, 2020, recipients and subrecipients of EPA funded assistance agreements, including borrowers under EPA funded revolving loan funds, must comply with regulations at 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, implementing section 889 of Public Law 115-232. The regulation prohibits the use of Federal funds to procure (enter into, extend, or renew contracts) or obtain equipment, systems, or services that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. Prohibitions extend to the use of Federal funds by recipients and subrecipients to enter into a contract with an entity that "uses any equipment, system, or service that uses covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list. As described in section 889 of Public Law 115-232, covered telecommunications equipment or services includes: • Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). • For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 90 SRF Supplemental General Conditions Revision 00 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). • Telecommunications or video surveillance services provided by such entities or using such equipment. • Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Applicability in the State Revolving Fund (SRF) Programs Clean Water and Drinking Water SRF (CWSRF and DWSRF) programs may not expend equivalency funds for these products on or after August 13, 2020. States must ensure that equivalency assistance agreements include the telecommunications prohibition condition provided by EPA's Office of Grants and Debarment (OGD) in OGD's most recent EPA General Terms and Conditions. The condition must also be in construction contracts associated with equivalency assistance agreements. There is no exhaustive list of components and services that fall under the prohibition. State SRF managers and local assistance recipients should exercise due diligence and be particularly mindful of project components with internet or cellular connections. For example, recipients should be mindful of automatic meter reading (AMR) technology and advanced metering infrastructure (AMI), instrumentation control systems (e.g. process control systems, distributed control systems and programmable logic controls), and security cameras and other electronic security measures to ensure that those items are procured from a non -excluded entity. Items included in the prohibition are not eligible SRF costs, and the SRF programs cannot reimburse borrowers for these costs. The prohibition also applies to the CWSRF administrative funds (if states are billing those costs to the federal CWSRF capitalization grant) and the four DWSRF set -asides. States should be mindful of items such as cell phones, computers, and mobile WiFi routers or hotspots funded by those accounts. If you have questions on the implementation of this grant condition, please contact Michael Deane at Deane.Michael@epa.gov or Kiri Anderer at Anderer.Kirsten@epa.gov. 91 Appendix H Rider to RLF Supplemental General Conditions RIDER TO REVOLVING LOAN FUND (RLF) SUPPLEMENTAL GENERAL CONDITIONS This Rider is to Revolving Loan Fund (RLF) Supplemental General Conditions is entered by and between the City of Fayetteville, Arkansas, acting by and through its Mayor ("Owner"), and Garney Companies, Inc. ("Contractor") for construction manager at risk services for the construction of the West Transmission Water Main Project ("Project"). This Rider shall amend and/or supplement the Revolving Loan Fund (RLF) Supplemental General Conditions as indicated below and shall have full force and effect. In the event of a conflict between this Rider and any of the Contract Documents, including but not limited to the Contract for Construction Manager at Risk Services for the Construction of the West Transmission Water Main Project, Document 00 72 13 — General Conditions, and the Revolving Loan Fund (RLF) Supplemental General Conditions, the terms of this Rider shall govern and control. Add the following as new paragraph 18.1) of the Revolving Loan Fund (RLF) Supplemental General Conditions: D. Notwithstanding the foregoing provisions of paragraph 18 of these Revolving Loan Fund (RLF) Supplemental General Conditions, Contractor's indemnity obligations set forth herein shall apply only to the extent caused by a negligent act of Contractor, its Subcontractors, or anyone directly employed by any of them or anyone for whose acts they may be responsible. (For example: If a loss or damage occurs and it is adjudged that Contractor is held 40% liable and another parry (or parties) is/are held 60% liable, Contractor's obligation to indemnify under this paragraph shall only be for 40% of such loss or damage). 2. Add the following as new paragraph 18.E to the Revolving Loan Fund (RLF) Supplemental General Conditions: E. CMAR shall require any Subcontractor, subconsultant and/or Supplier to indemnify and hold harmless the City and CMAR from and against all claims, damages, losses, and expenses including reasonable attorney's fees, provided that such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to damage to tangible property (other than to the Work itself), but only to the extent caused by a negligent act of the Subcontractor, subconsultant and/or Supplier, or anyone directly employed by any of them or anyone for whose acts any of them may be liable. 3. Add the following as new paragraph 42.I to the Revolving Loan Fund (RLF) Supplemental General Conditions: 1. Notwithstanding anything other provision in the Contract Documents, if Contractor incurs or sustains any increase in the Contract Time or the Contract Price, or both, which was not caused by Contractor or under Contractor's control (including, but Page 1 of 2 not limited to, an increase in or delay caused by substantial increases in the cost of materials, supplies or equipment, changed market conditions, or supply chain deficiencies), then Contractor shall be entitled to an equitable adjustment to the Contract Time or Contract Price, or both, which shall be authorized by Change Order. To the extent Contractor disputes the amount of any such adjustment, then Contractor shall be entitled to proceed with a claim in accordance with the terms of the Contract Documents. 4. Add the following as new Paragraph 47.G to the Revolving Loan Fund (RLF) Supplemental General Conditions: G. Notwithstanding the foregoing, before Owner shall exercise any right to terminate pursuant to this agreement, Contractor shall, within ten (10) days from receipt of such notice, have an opportunity to consult with the Owner regarding the reason for termination. Contractor shall have ten (10) days from receipt of such notice or from the date of its consultation with the Owner, whichever occurs later, to cure or to take substantial steps to commence to cure the issue and proceed with diligence for which the notice of termination has been given. The Owner shall decide, in its sole discretion, if the Contractor has cured or taken substantial steps to cure or commence to cure the issue and may withdraw its notice to terminate. 5. Add the following to the end of Paragraph 49 of the Revolving Loan Fund (RLF) Supplemental General Conditions: Contractor shall provide Owner with an option to extend the warranty period by an additional one year. If Owner wishes to exercise this option, the cost and any additional terms shall be set forth in a Change Order executed by both parties. 6. Add the following as new Paragraph 55 to the Revolving Loan Fund (RLF) Supplemental General Conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT DOCUMENTS TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY TO THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATING TO, THE PERFORMANCE OF THIS AGREEMENT AND THE CONTRACT DOCUMENTS, EXCEPT TO THE EXTENT THAT THOSE DAMAGES ARE COVERED BY INSURANCE REQUIRED UNDER THIS AGREEMENT. Page 2 of 2 Appendix I SRF Contractor's Act of Assurance Form SRF Contractor's Act of Assurance Revision 00 CONTRACTOR'S ACT OF ASSURANCE FORM As the authorized agent of the individual, incorporation, or corporation (hereinafter referred to as the Contractor) bidding on or participating in a Revolving Loan Fund (RLF) financed project, I certify that I have read and understand the requirements of the RLF Supplemental General Conditions, and that the principles, agents and employees of the Contractor will comply with these requirements, including all relevant statutes and regulations issued pursuant thereto. As the authorized agent of the Contractor, I further certify that: DBE/MBE/WBE - During the bid process, and throughout the performance of the Contract, whenever subcontracts are to be awarded, I will take the six affirmative steps described in the RLF Supplemental General Conditions to use Disadvantaged, Minority and Women's Business (DBE/MBE/WBE) firms wherever possible. I will document to the borrower and the Arkansas Natural Resources Commission all efforts to secure DBE/MBE/WBE participation, including follow-up efforts, and will report to the Owner the dollar value of all DBE/MBE/WBE contracts and subcontracts awarded. AMERICAN IRON AND STEEL - I will comply with the statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States pursuant to this contract and the RLF Supplemental General Conditions. I understand that all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and I will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement as detailed in the RLF Supplemental General Conditions. EQUAL OPPORTUNITY - I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each subcontract awarded in excess of $10,000, and will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES - The Contractor that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. I will also obtain a similar certification from each subcontractor prior to the award SRF Contractor's Act of Assurance Revision 00 of any subcontract exceeding $10,000 to said subcontractor, which is not exempt from the equal opportunity clause. LABOR STANDARDS - I will comply with the Labor Standards Provisions contained in Davis —Bacon wage rates specific to this contract and the RLF Supplemental General Conditions. I understand that the aggregate wage rates paid to any employees must equal or exceed the sum total of the base rate plus any listed fringe rate. I will furnish weekly payrolls and certifications as may be required by the Owner to affirm compliance. I will also require that weekly payrolls be submitted to the Owner for all Subcontracts. OSHA REQUIREMENTS - I will comply with the Department of Labor Occupational Safety and Health Administration (OSHA) Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in performance of the contract. PROCUREMENT PROHIBITIONS - In compliance with Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law, if the facility that gave rise to said violations produces said goods or services. PRESERVATION OF OPEN COMPETITION - In accordance with Executive Order 13202 and its amendments, I certify that I have not discriminated against my employees or any subcontractor based upon labor affiliation or lack thereof. RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS (A.K.A. DEBARMENT AND SUSPENSION) - I certify that I shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions." I am responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. I am responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. I acknowledge that failing to disclose the information required under 40 CFR 32.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. I further acknowledge that I may access the Excluded Parties List System at http://www.epls.gov. This term and condition supersede EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT - I will comply with regulations at 2 CFR 200.216, designated as the "Prohibition on SRF Contractor's Act of Assurance Revision 00 certain telecommunication and video surveillance services or equipment", implementing section 889 of Public Law 115-232 and repeated in the RLF Supplemental General Conditions. The regulation prohibits the use of federal funds to procure, enter into, extend, or renew contracts, or obtain equipment, systems, or services that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. I understand that all products used in this contract will meet this requirement and that I will provide further verified information, certification or assurance of compliance with this paragraph, or information necessary to this prohibition as detailed in the RLF Supplemental General Conditions. I understand that a false statement on this certification regarding any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution. I further certify that I will obtain a similar certification for each subcontract awarded. AUTHORIZED AGENT CONTRACTOR NAME: Garvey Companies SIGNATURE: PRINTED NAME: William D Williams ARKANSAS LICENSE NO. 0032110624 DATE: 11 /20/23 TITLE: Executive Vice President Appendix J Davis -Bacon Wage Rate Determination Number AR20230049 10/16/23, 4:41 PM SAM.gov "General Decision Number: AR20230049 01/06/2023 Superseded General Decision Number: AR20220049 State: Arkansas Construction Type: Heavy HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines) County: Benton County in Arkansas. Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered �. into on or after January 30, 12022, or the contract is renewed or extended (e.g., an �. loption is exercised) on or after January 30, 2022: JIf the contract was awarded onl. for between January 1, 2015 andl January 29, 2022, and the contract is not renewed or �. lextended on or after January 130, 2022: 1 1 1 1 1 1 1 1 1 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. Executive Order 13658 l generally applies to the contract. The contractor must pay alll covered workers at least $12.15 per hour (or the applicable wage rate listed) on this wage determination,1 if it is higher) for all hours spent performing on that contract in 2023. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUAR2015-046 01/09/2017 https:Hsam.gov/wage-determination/AR20230049/0 1 /4 0/16/23, 4 PM M.gov Rates Fringes CARPENTER, Includes Form Work....$ 17.50 0.00 CEMENT MASON/CONCRETE FINISHER...$ 17.72 0.00 ELECTRICIAN ......................$ 22.88 7.19 LABORER: Common or General......$ 13.12 ** 0.63 LABORER: Pipelayer..............$ 14.14 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 17.07 1.47 OPERATOR: Bulldozer .............$ 17.00 1.92 OPERATOR: Crane .................$ 24.21 6.79 OPERATOR: Loader ................$ 15.45 ** 0.00 PAINTER (Brush and Roller).......$ 18.00 0.00 TRUCK DRIVER: Dump Truck........$ ---------------------------------------------------------------- 14.02 ** 2.18 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification https:Hsam.gov/wage-determination/AR20230049/0 2/4 0/16/23, 4 PM M.gov and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. https:Hsam.gov/wage-determination/AR20230049/0 3/4 0/16/23, 4 PM M.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" https:Hsam.gov/wage-determination/AR20230049/0 /4