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HomeMy WebLinkAbout086-26 RESOLUTION1 13 West Mountain Street Fayetteville, AR 72701 (47e) 575-8323 Resolution z 86-26 File Number: 2026-673 A RESOLUTION TO AWARD BID 26.21 AND APPROVE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC FOR THE LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PRoJECT IN THE AMOUNT OF 5272,177.88, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00 WHEREAS, the City was awarded $100,000.00 in federal funding from the Recreational Trails Program to construct the first installment of a fully accessible nature trail at Lake Fayetteville; and WHEREAS, project construction will include approximately 450 feet of l0-foot wide accessible trail to connect the Veteran's Park playground with the Razorback Greenway and a 7O-foot bridge that will span a ravine to offer unique and educational views for visitors interested in lake ecology. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-21 and authorizes a contract with Milestone Construction Company, LLC for the Lake Fayetteville Bridge and Nature Trail Project in the amount of $272,177.88, and further authorizes a project contingency in the amount of $30,000.00. PASSED and APPROVED on April 7,2026 Attest: FAYETTEVILLE.a o, M Rawn, Page 1 CITY COUNCIL MEMO 2026-673 MEETING OF APRIL 7, 2026 TO: Mayor Rawn and City Council THROUGH: Ted Jack, Park Planning Superintendent Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Keith Macedo, Chief of Staff FROM: Zach Foster, Park Planner II SUBJECT: Approval of Bid 26-21 - Construction for Lake Fayetteville Bridge and Nature Trail RECOMMENDATION: A resolution to award Bid 26-21 to and authorize a contract with Milestone Construction Company, LLC in the amount of $272,177.88 for Lake Fayetteville Bridge and Nature Trail and to approve a project contingency in the amount of $30,000.00. BACKGROUND: The City was awarded $100,000.00 in federal funding from the Recreational Trails Program (RTP) grant to construct the first installment of a fully accessible nature trail as outlined in the attached conceptual map. Milestone Construction Company was selected through Bid 26-21 to construct this first phase. DISCUSSION: Project construction will include approximately 450 feet of 10-foot wide accessible trail to connect the Veteran's Park playground with the Razorback Greenway. The accessible trail includes a 70’ bridge that will span a ravine to offer unique and educational views for visitors interested in lake ecology. Additional items such as wayfinding markers, sitting areas, and additional trail improvements will be a secondary focus as funds are available. BUDGET/STAFF IMPACT: Funding for this project is through the 2024 Bond, RTP grant award, and Parkland Dedication funds. FUNDING SOURCE GL ACCOUNT PROJECT AMOUNT 2024 Bond 4805.860.7505-5814.05 46050.7505.2301 $119,677.88 2022 Grant Award 2250.520.9255-5814.05 13001.3000.2301 100,000.00 Parkland Dedication 2250.520.9256-5814.05 13001.3000.2301 $52,500.00 CONTINGENCY SOURCE GL ACCOUNT PROJECT AMOUNT Parkland Dedication 2250.520.9256-5911.99 13001.3000.2301 $30,000.00 ATTACHMENTS: 3. Staff Review Form, 4. Project Map (Site Detail), 5. Bid 26-21, Contract, 6. Bid 26-21, Bid Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Tab - Final, 7. Bid 26-21, Appendix B - City Issued Bid, 8. Bid 26-21, Appendix C - Milestone's Submittal Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2026-673 A RESOLUTION TO AWARD BID 26-21 AND APPROVE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC FOR THE LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PROJECT IN THE AMOUNT OF $272,177.88, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00 WHEREAS, the City was awarded $100,000.00 in federal funding from the Recreational Trails Program to construct the first installment of a fully accessible nature trail at Lake Fayetteville; and WHEREAS, project construction will include approximately 450 feet of 10-foot wide accessible trail to connect the Veteran’s Park playground with the Razorback Greenway and a 70-foot bridge that will span a ravine to offer unique and educational views for visitors interested in lake ecology. 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 awards Bid 26-21 and authorizes a contract with Milestone Construction Company, LLC for the Lake Fayetteville Bridge and Nature Trail Project in the amount of $272,177.88, and further authorizes a project contingency in the amount of $30,000.00. Page 1 City of Fayetteville Staff Review Form 2026-673 Item ID 4/7/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Zach Foster Submitted By 3/9/2026 Submitted Date Action Recommendation: PARKS & RECREATION (520) Division / Department A resolution to award Bid 26-21 to and authorize a contract with Milestone Construction Company, LLC in the amount of $272,177.88 for Lake Fayetteville Bridge and Nature Trail and to approve a project contingency in the amount of $30,000.00. Budget Impact: 2250.520.9255-5814.05 Parks Development 2250.520.9256-5814.05 Park Projects 2024 Bonds 4805.860.7505-5814.05 Account Number Fund 13001.3000.2301 Community Park Impr - Lake Fayetteville 46050.7505.2301 Park Projects Bonds - Lake Fayetteville Impr Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 11,466,779.00 Expenses (Actual+Encum) $ 7,214,687.89 Available Budget $ 4,252,091.11 Does item have a direct cost? Yes Item Cost $ 272,177.88 Is a Budget Amendment attached? No Budget Amendment $ - Remaining Budget $ 3,979,913.23 Purchase Order Number: Previous Ordinance or Resolution # 122-22, 186-23 Change Order Number: Approval Date: Original Contract Number: Comments: Y=40 Soft Surface Trail PROJECT MAP Park Planning 8/9/2023 Hard Surface Trail Bridge 124014 !1250 i Possible Future Trail MEN 668,08mom -T 10 Exi tang PI yground O w V E T E R A N S P A R K Volleyball 0 0.01 0.01 0.02 mi 7 April 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: 113 W. Mountain Street, Fayetteville, AR 72701 b. Contractor: Milestone Construction Company, LLC, 2002 S. 48th Street, Springdale, AR 72762 4. General Provisions: a. 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, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. b. 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. c. 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 the Contractor 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 the Contractor shall be the responsibility of Contractor and may be deducted from any amounts due or to become due. 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 Contractor of defects, City and Design Professional shall promptly inform the City what action, if any, Contractor shall take with regard to the defects. d. WORKSITE VISIT: Contractor 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. e. Contractor shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. L Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional, Such approval shall not be unreasonably withheld. f. COMPLIANCE WITH LAWS: Contractor shall comply with all the Law at its own cost. Contractor shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Contractor its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. g. 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 Contractor, 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 Contractor incurs costs or is delayed due to such loss or damage, Contractor may seek an equitable adjustment in the Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. h. Taxes and Permits: Contractor shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Contractor shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. Contractor shall pay applicable taxes and permit fees associated with the entire project CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 2 of 20 City of Fayetteville, AR i. 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. j. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Contractor shall not unreasonably withhold consent to partial occupancy or use. k. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. I. 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. m. Where figures are given, they shall be preferred to scaled dimensions. n. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Contractor shall perform the Work as though fully described on both. Contractor shall seek clarification from the City or the City's third -party Design Professional for any discrepancies. o. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, Contractor shall immediately submit the matter to City and Design Professional for clarification. The City's clarifications are final and binding, which may include third -party Design Professional content. p. DEBARMENT AND SUSPENSION. By execution of this agreement, Contractor certifies that to the best of its knowledge and belief that the Contractor and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. 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 iv. (d) 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. v. Contractor 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 $50,000. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 3 of 20 City of Fayetteville, AR vi. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 5. Definitions: a. 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. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Contractor" is the person or entity identified in this contract and includes Contractor's Representative. g. "Day" means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when Contractor'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. k. "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. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion, Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Contractor must comply that are enacted as of the Agreement date. n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, 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. o. "Overhead" means (a) payroll costs, burden, and other compensation of Contractors employees in Contractor's principal and branch offices for work associated with this project. p. "Owner" is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and Contractor. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 4 of 20 City of Fayetteville, AR s. The "Project," is the building, facility, or other improvements for which Contractor is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by Contractor that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by Contractor 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. v. "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. w. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by Contractor to provide material or equipment for the Work. y. "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. z. "Work" means the construction services necessary or incidental to fulfill Contractor'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. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Contractor 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 Contractor, and any visible conditions at the Worksite affecting the Work. b. Should Contractor discover any errors, omissions, or inconsistencies in the Contract Documents, Contractor shall promptly report them to the City and Design Professional. Following receipt of written notice from Contractor of defects, City shall promptly inform Contractor what action, if any, Contractor shall take with regard to the defect. c. Nothing in this section shall relieve Contractor of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Contractor shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Contractor shall maintain a complete set of all books and records prepared or used by Contractor with respect to the Project. City shall be afforded access to all of Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 5 of 20 City of Fayetteville, AR Agreement. Contractor shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Contractor 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, Contractor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor'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. Contractor's warranty shall commence on the Date of Final Completion of the Project. b. 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. c. Contractor shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Contractor's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement, After that period Contractor shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work: If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Contractor in writing. Unless City provides written acceptance of the condition, Contractor 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 two-year correction period City discovers and does not promptly notify Contractor or give Contractor an opportunity to test or correct Defective Work as reasonably requested by Contractor, City waives Contractor'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. ii. If Contractor 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 Contractor. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to City. iii. Contractor's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two-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 Contractor and allow Contractor an opportunity to correct the Work if Contractor elects to do so. If Contractor elects to correct the Work, it shall provide written notice of such CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 6 of 20 City of Fayetteville, AR 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 Contractor 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 Contractor, City shall promptly provide Contractor with an accounting of the actual correction costs. iv. If Contractor's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Contractor shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Contractor's other obligations under the Contract Documents. vi. Before final payment, at City option and with Contractor's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Contractor holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Contractor 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. b. CONTRACTOR'S SAFETY REPRESENTATIVE: Contractor shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Contractor in writing to City, Contractor's project superintendent shall serve as its safety representative. Contractor shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Contractor is required to file an accident report with a public authority, Contractor shall furnish a copy of the report to City. c. Contractor shall provide City with copies of all notices required of Contractor by the Law. Contractor's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. 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 Contractor, or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work, take corrective measures satisfactory to City. If Contractor does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Contractor 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 Contractor's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Contractor 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. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 7 of 20 City of Fayetteville, AR b. Contractor agrees not to subcontract Contractor at risk related services without prior written consent from the City. c. If the City deems any subcontractor or subcontractor's work as unacceptable, the Contractor shall solicit a different subcontractor (with City's approval) to perform the work assigned. 10. Fees, Expenses, and Payments: a. Milestone, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 26-21 as stated in Milestone's bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 26-21, all included herein as if spelled out word for word. b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of $272,177.88 US Dollars. c. The City of Fayetteville shall pay Milestone for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. d. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is completed in full. f. Not to exceed pricing shall include but not be limited to: i. Labor wages directly employed by Contractor in performing of the Work. ii. Salaries of Contractor'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. iii. 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 Contractor's standard personnel policy, insofar as such costs are paid to employees of Contractor who are included in the Cost of the Work. iv. Transportation, travel, hotel, and moving expenses of Contractor's personnel incurred in connection with the Work. v. 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. vi. Payments made by Contractor to Subcontractors for work performed under,this Agreement. vii. 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 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 Contractor. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 8 of 20 City of Fayetteville, AR viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Contractor or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. ix. Cost of the premiums for all insurance and surety, performance or payment bonds which Contractor is required to procure or deems necessary and approved by City. x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Contractor is liable. xi. Permits, taxes, fees, licenses, tests, royalties. xii. 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. xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office and site. xiv. Water, power, and fuel costs necessary for the Work. xv. Cost of removal of all nonhazardous substances, debris, and waste materials. xvi. Costs incurred due to an emergency affecting the safety of persons or property. xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Contractor's Fee, which are reasonably inferable from the Contract Documents. g. 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 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 Contractor 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. h. 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, Milestone 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 Milestone to be set forth therein. i. 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 Milestone or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Milestone shall provide 100% separate performance and payment bonds (inclusive of any approved contingency) from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties. a. 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. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 9 of 20 City of Fayetteville, AR 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. If such dates are not established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final Completion of the Work shall be established via Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Contractor shall not knowingly commence the Work before the effective date of Contractor's required insurance and bonds and formal written and signed Purchase Order issued by the City of Fayetteville Procurement Division. d. Schedule of Work: Before submitting its first application for payment, Contractor shall submit to City and, if directed, Design Professional, a Schedule of the Work showing the dates on which Contractor 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, Contractor shall comply with the approved Schedule of the Work or Contractor. 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 Contractor 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 Contractor consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, Contractor may seek equitable adjustment. NOTICE OF DELAY CLAIMS: If Contractor requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, Contractor shall give City written notice of the claim. If Contractor causes delay in the completion of the Work, City shall be entitled to recover its additional costs. 13. Substantial Completion: a. The Work shall be Substantially Completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. Contractor 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 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. Contractor shall promptly and accurately complete all items on the list. c. When Substantial Completion of the Work or a designated portion is achieved, Contractor 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 Contractor to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. d. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 10 of 20 City of Fayetteville, AR Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Contractor 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 Contractor in a mutually agreed upon timeframe. 14. Final Completion: a. The Work shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS within 150 calendar days after the date when the Contract Times commence to run. b. Upon notification from Contractor 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. c. When the Work is complete, Contractor shall prepare for City's written acceptance a final application for payment stating that to the best of Contractor knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. d. Final payment shall be made to Contractor within thirty (30) Days after Contractor 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. e. Final payment shall be due on Contractor's submission of the following to the City: i. 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; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Contractor or its Subcontractors at the Worksite. f. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Contractor. If approved by City, they shall pay the balance due for any portion of the 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, Contractor 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, but otherwise shall be governed by this section. g. ACCEPTANCE OF FINAL PAYMENT: Unless Contractor provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. h. Milestone 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: i. '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 CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 11 of 20 City of Fayetteville, AR ii. Milestone 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. 15. Liquidated Damages: Contractor accepts the provisions as to liquidated damages in the event of failure to complete the Work within the total completion time. Liquidated damages in the sum of $400.00 USD for each consecutive calendar day thereafter will be assessed. 16. 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. 17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 18. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 19. 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 Contractor 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. 20. 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. 21. Digital Accessibility Requirements: If applicable, Contractor shall provide accessibility conformance reports (ACRs) for any software provided by the Contractor that will be accessible by the public upon delivery, whether developed by the Contractor or a third -party. Visit the link for more information: https://www.fayetteville- ar.gov/DocumentCenter/View/39767/Web-Accessibility-Requirements-for-Vendors -and-Technology-Addendum a. Contractor must address all accessibility issues in any software provided or licensed by the Contractor and delivered to the City, as well as any documents delivered by the Contractor. b. Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA standard as defined by title II of the Americans with Disabilities Act. i. Deliverables are defined as any web platform or mobile application, or documents that may be hosted on a web or mobile platform. This includes documents, spreadsheets or presentations regardless of format (Microsoft Office products, PDF, etc.). c. Contractor must ensure accessibility is addressed during all stages of a project, from commencement to implementation. Contractor must meet with City staff at the City's discretion to review accessibility issues. d. If Contractor deliverables fail to comply with WCAG 2.1 Level AA standard, the Contractor shall provide the City with a credit to cover the cost of additional accessibility testing and resolution. Such credits shall not exceed 5% of either (1) the total fixed price due to the Contractor under the contract or (2) the total not -to -exceed amount of the contract if entered under a time and materials basis. 22. Insurance: a. Before starting the Work and as a condition precedent to payment, Contractor shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 12 of 20 City of Fayetteville, AR 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. Contractor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. b. 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. c. Contractor 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 Contractor fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Contractor or terminate this Agreement. d. To the extent commercially available to Contractor 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, Contractor 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, Contractor shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. 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. ii. Unless otherwise directed in writing by City, before starting the Work, Milestone shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Milestone, Subcontractors, Sub subcontractors, 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: 1. The perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Milestone) 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; 2. Damage resulting from defective design, workmanship, or material; 3. 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. 4. 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; CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 13 of 20 City of Fayetteville, AR 5. 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 6. Physical loss resulting from Terrorism. iii. 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. iv. 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 Milestone 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. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, 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. 1. To the extent of the limits of Milestone's Commercial General Liability Insurance, Milestone 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 Milestone, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. 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. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Contractor to purchase and maintain additional liability coverage. Contractor shall provide: Additional Insured. City shall be named as an additional insured on Contractor'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 liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Contractor, or those acting on Contractor's behalf, in the performance of Contractor's work for Owner at the Worksite. The insurance of the Contractor and its Subcontractors (both primary and excess) shall be primary to CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 14 of 20 City of Fayetteville, AR any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. ii. OCP. Contractor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. i. 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 Contractor. Before commencing the Work, Contractor 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. i. ROYALTIES, PATENTS, AND COPYRIGHTS: Contractor 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 Contractor and incorporated in the Work. Contractor 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. PROFESSIONAL LIABILITY INSURANCE: To the extent Contractor is required to procure design services, Contractor 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 Contractor's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Contractor'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: Milestone 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 Milestone any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Milestone 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 Milestone. 24. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Milestone: i. Provide full information as to the requirements for the Project. ii. Assist Milestone by placing at Milestone's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Milestone in obtaining access to property reasonably necessary for Milestone to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Milestone and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Milestone in a timely manner. vi. The City of Fayetteville Park Planning Superintendent is the project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent 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. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 15 of 20 City of Fayetteville, AR 25. Cost Opinions and Projections: Cost opinions and projections prepared by Milestone relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Milestone experience, qualifications, and judgment as a Milestone professional. 26. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. 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. Milestone 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. 27. Termination: a. 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: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Milestone is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Milestone at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Milestone's default. d. If termination for default is affected by Milestone, or if termination for convenience is affected 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 Milestone for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Milestone relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, Milestone shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. 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 Milestone in performing this Agreement, whether completed or in process. f. 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. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 16 of 20 City of Fayetteville, AR g. If, after termination for failure of Milestone to fulfill contractual obligations, it is determined that Milestone 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. 28. Delays a. In the event the services of Milestone are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond Milestone's reasonable control, Milestone shall be entitled to additional compensation and time for reasonable documented costs incurred by Milestone in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Milestone, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 29. Rights and Benefits: Milestone'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 a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Milestone 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 Milestone in the performance of this Agreement, and disputes concerning payment. b. 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. c. Notice of Dispute i. 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. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Milestone 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. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Milestone 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 Milestone, 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 Milestone for services rendered by Milestone. All parties agree if funding should become insufficient to complete the project, Milestone shall be notified in a timely manner. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 17 of 20 City of Fayetteville, AR 32. Indemnification: The CITY requires Milestone to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Milestone, or their employees, agents, Subcontractors, sub consultant and Suppliers of the Milestone. 33. Publications: Recognizing the importance of professional services on the part of Milestone's employees and the importance of Milestone's public relations, Milestone may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Milestone'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 Milestone, 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 may be used in a variety of situations and do not require additional review or approval for each use. The cost of Milestone's activities pertaining to any such publication shall be for Milestone's account. 34. Ownership of Documents: a. 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. Milestone may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by Milestone as part of the Services shall become the property of CITY OF FAYETTEVILLE when Milestone has been compensated for all Services rendered, provided, however, that Contractor shall have the unrestricted right to their use. Milestone 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 Milestone. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Milestone 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 Milestone: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Milestone 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. b. Milestone shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Milestone's negligent performance, except beyond the Milestone'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. c. Milestone's obligations under this clause are in addition to Contractor'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 Milestone for faulty materials, equipment, or work. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 18 of 20 City of Fayetteville, AR d. Milestone shall provide weekly updates to appropriate City staff, identified by the City, throughout the duration of the project following the Notice to Proceed. Each update shall include all reports, photographs, schedules, and any other documentation as may be requested or specified by the City. Milestone shall submit such updates in the format and manner directed by the City and within the deadlines established by City staff. 36. Audit and Access to Records: a. Milestone 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. b. Milestone shall also maintain the financial information and data used by Milestone 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. Milestone will provide proper facilities for such access and inspection. c. 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. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. 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: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Milestone; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 37. Covenant Against Contingent Fees: Milestone 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 Milestone 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. CONTRACT: Bid 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Page 19 of 20 City of Fayetteville, AR 38. Gratuities: a. lf CITY OF FAYETTEVILLE finds after a notice and hearing that Milestone or any of Milestone 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 pro.iect, 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 Milestone 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. b. The CITY may pursue the same remedies against Milestone as it could pursue in the event of a breach of the Agreement by Milestone. 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 Milestone incurs in providing any such gratuities to any such officer or employee. lN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and MILESTONE CONSTRUCIION COMPANY, LLC by its authorized officer have made and executed this Agreement as of the day and year first above written. MILESTONE CONSTRUCTION COM PANY. LLC A By J By Molly A. ATTEST: ayor Sam Hollis, President Kara Paxton, City Cle - Treas urer Date Sign ed 04107 12026 Date Signed CONTRACT: Bad 26-21, Construction - Lake Fayetteville Bridge and Nature Trail Page 20 of 20 City of Fayetteville, AR FAYTTTEVILLE. ______________________________________________________________________________ ______________________________________________________________________________ BID TABULATION Bid 26-21, Construction - Lake Fayetteville Bridge and Nature Trail Deadline: Tuesday, February 10, 2026 at 2:00 PM Certification of Funds: $350,000.00 ($437,500 maximum allowed) Rejected Incomplete Rejected Line # Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended 1 Mobilization 1 LS $9,180.00 $9,180.00 $2,841.00 $2,841.00 $21,337.00 $21,337.00 $9,100.00 $9,100.00 $7,100.00 $7,100.00 $4,000.00 $4,000.00 $16,740.00 $16,740.00 $9,050.00 $9,050.00 $15,000.00 $15,000.00 2 Bonds and Insurance 1 LS $9,923.23 $9,923.23 $8,013.00 $8,013.00 $1,222.00 $1,222.00 $3,600.00 $3,600.00 $4,750.00 $4,750.00 $15,000.00 $15,000.00 $16,306.00 $16,306.00 $7,000.00 $7,000.00 $5,555.00 $5,555.00 3 Trench and Excavation Safety 1 LS $1,113.50 $1,113.50 $1.00 $1.00 $437.00 $437.00 $2,500.00 $2,500.00 $685.00 $685.00 $5,000.00 $5,000.00 $434.00 $434.00 $4,200.00 $4,200.00 $1.00 $1.00 4 Erosion Control 1 LS $3,602.50 $3,602.50 $2,547.00 $2,547.00 $1,244.00 $1,244.00 $1,750.00 $1,750.00 $3,767.51 $3,767.51 $5,000.00 $5,000.00 $1,240.00 $1,240.00 $3,690.00 $3,690.00 $3,075.00 $3,075.00 5 Tree Protection and Construction Fencing (Snow Fencing) 1300 LF $8.12 $10,556.00 $7.00 $9,100.00 $8.00 $10,400.00 $10.00 $13,000.00 $8.49 $11,037.00 $8.50 $11,050.00 $8.25 $10,725.00 $8.58 $11,154.00 $9.00 $11,700.00 6 Construction Fencing (6' Chain Link Fencing) 200 LF $9.83 $1,966.00 $11.50 $2,300.00 $49.00 $9,800.00 $10.00 $2,000.00 $6.85 $1,370.00 $50.00 $10,000.00 $10.54 $2,108.00 $62.50 $12,500.00 $11.05 $2,210.00 7 Clearing, Grubbing, and Demolition 1 LS $9,084.20 $9,084.20 $9,142.00 $9,142.00 $5,623.00 $5,623.00 $2,000.00 $2,000.00 $4,469.64 $4,469.64 $18,500.00 $18,500.00 $3,100.00 $3,100.00 $9,900.00 $9,900.00 $16,450.00 $16,450.00 8 Compacted Embankment 9 CY $145.74 $1,311.66 $11.50 $103.50 $147.00 $1,323.00 $120.00 $1,080.00 $152.41 $1,371.69 $350.00 $3,150.00 $342.91 $3,086.19 $84.33 $758.97 $14.00 $126.00 9 Unclassified Excavation 23 CY $129.04 $2,967.92 $11.50 $264.50 $79.00 $1,817.00 $120.00 $2,760.00 $134.95 $3,103.85 $300.00 $6,900.00 $100.64 $2,314.72 $44.78 $1,029.94 $108.00 $2,484.00 10 Aggregate Base Course (Class 7) 9 CY $149.34 $1,344.06 $61.50 $553.50 $344.00 $3,096.00 $45.00 $405.00 $121.78 $1,096.02 $350.00 $3,150.00 $110.22 $991.98 $126.33 $1,136.97 $304.00 $2,736.00 11 Geotextile Fabric (Type 9) 119 SY $8.19 $974.61 $24.00 $2,856.00 $26.00 $3,094.00 $5.00 $595.00 $8.56 $1,018.64 $18.00 $2,142.00 $7.44 $885.36 $10.03 $1,193.57 $4.00 $476.00 12 Concrete Walks 64 SY $75.33 $4,821.12 $119.50 $7,648.00 $74.00 $4,736.00 $90.00 $5,760.00 $92.05 $5,891.20 $125.00 $8,000.00 $83.32 $5,332.48 $71.88 $4,600.32 $161.00 $10,304.00 13 Hand Railing 60 LF $81.68 $4,900.80 $108.50 $6,510.00 $164.00 $9,840.00 $152.00 $9,120.00 $143.85 $8,631.00 $225.00 $13,500.00 $236.63 $14,197.80 $89.58 $5,374.80 $92.00 $5,520.00 14 Roadway Construction Control 1 LS $3,275.00 $3,275.00 $5,761.00 $5,761.00 $9,169.00 $9,169.00 $1,100.00 $1,100.00 $6,850.03 $6,850.03 $4,500.00 $4,500.00 $62,000.00 $62,000.00 $1,875.00 $1,875.00 $2,210.00 $2,210.00 15 Crushed Limestone Trail 119 SY $59.11 $7,034.09 $35.00 $4,165.00 $46.00 $5,474.00 $36.00 $4,284.00 $61.08 $7,268.52 $40.00 $4,760.00 $54.68 $6,506.92 $92.44 $11,000.36 $91.00 $10,829.00 16 Bridge Construction Control 1 LS $3,275.00 $3,275.00 $2,609.00 $2,609.00 $26,738.00 $26,738.00 $1,100.00 $1,100.00 $4,110.02 $4,110.02 $4,500.00 $4,500.00 $2,480.00 $2,480.00 $6,250.00 $6,250.00 $7,360.00 $7,360.00 17 Unclassified Excavation for Structures- BRIDGE 70 CY $38.97 $2,727.90 $91.00 $6,370.00 $102.00 $7,140.00 $40.00 $2,800.00 $121.34 $8,493.80 $175.00 $12,250.00 $109.83 $7,688.10 $37.19 $2,603.30 $145.00 $10,150.00 18 Class S Concrete- BRIDGE 26 CY $679.69 $17,671.94 $1,274.00 $33,124.00 $669.00 $17,394.00 $1,400.00 $36,400.00 $2,086.63 $54,252.38 $850.00 $22,100.00 $753.54 $19,592.04 $648.56 $16,862.56 $1,430.00 $37,180.00 19 Reinforcing Steel- BRIDGE (Grade 60) 2220 LB $3.22 $7,148.40 $3.00 $6,660.00 $3.20 $7,104.00 $2.00 $4,440.00 $2.84 $6,304.80 $3.00 $6,660.00 $2.59 $5,749.80 $3.08 $6,837.60 $2.15 $4,773.00 20 Silicone Joint Sealant 20 LF $13.10 $262.00 $25.50 $510.00 $13.00 $260.00 $20.00 $400.00 $20.55 $411.00 $150.00 $3,000.00 $18.60 $372.00 $12.50 $250.00 $18.50 $370.00 21 Prefabricated Steel Truss Superstructure 1 LS $145,779.04 $145,779.04 $172,895.00 $172,895.00 $136,936.00 $136,936.00 $196,494.00 $196,494.00 $163,631.36 $163,631.36 $170,000.00 $170,000.00 $146,600.00 $146,600.00 $255,472.10 $255,472.10 $210,000.00 $210,000.00 22 Seeding 1 AC $17,965.41 $17,965.41 $3,614.00 $3,614.00 $7,166.00 $7,166.00 $2,500.00 $2,500.00 $18,390.09 $18,390.09 $4,800.00 $4,800.00 $6,398.00 $6,398.00 $2,510.00 $2,510.00 $8,775.00 $8,775.00 23 Solid Sodding 80 SY $31.93 $2,554.40 $16.00 $1,280.00 $15.00 $1,200.00 $5.00 $400.00 $33.39 $2,671.20 $25.00 $2,000.00 $69.17 $5,533.60 $18.74 $1,499.20 $46.75 $3,740.00 24 Approach Slab Concrete 4.9 CY $559.00 $2,739.10 $1,004.00 $4,919.60 $550.00 $2,695.00 $554.00 $2,714.60 $922.66 $4,521.03 $375.00 $1,837.50 $835.10 $4,091.99 $533.40 $2,613.66 $1,760.00 $8,624.00 Milestone Construction Company, LLC NEC, Inc Grant Garrett Excavating Inc Sweetser Construction, Inc. Legacy Construction Management, Inc Ground Zero Construction, Inc Ellingson Contracting Steep Creek LLC Crossland Heavy Contractors, Inc. $379,648.00 $379,362.35 $344,473.98 $341,799.50 $331,195.78 $306,302.60 $295,245.00 $293,787.10 $272,177.88 * NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials. Trevel Young, Procurement Agent Kenny Fitch, Sr Procurement Agent City of Fayetteville, Arkansas Procurement Division – Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID Bid 26-21, Construction – Lake Fayetteville Bridge and Nature Trail DEADLINE: Tuesday, February 10, 2026 before 2:00 PM, Local Time PRE-BID MEETING: Tuesday, January 20, 2026 at 10:00 AM CONTACT: Sr. Procurement Agent, Kenny Fitch, kfitch@fayetteville-ar.gov DATE OF ISSUE & ADVERTISEMENT: 01/11/2026 & 01/18/2026 No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division. Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be distributed electronically from the City of Fayetteville Procurement Division only. BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER “ATTACHMENTS”: FILE #01: PROJECT MANUAL – 149 Total Pages FILE #02: PLANS – 14 Total Pages *Additional files added as addendums are issued. Addendums will be uploaded and posted to the City’s electronic bidding platform. *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City’s electronic bidding platform under the project section tab titled ‘Plan Holders’. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. THIS PAGE INTENTIONALLY LEFT BLANK • • Project Check List This checklist is for the Bidder’s use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier’s check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier’s checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in-person delivery appointment with the City Procurement Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City’s electronic bidding platform or submitting a physical sealed bid to the City Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder’s technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor’s License Number. Additional Information Requested: • AR Secretary of State Filing #: _______________________ OR submit electronically. • Arkansas Contractor License #: _______________________ OR submit electronically. • SAM Unique Entity Identifier #: ________________________ OR submit electronically. • Pursuant 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. o Submit electronically or circle applicable answer: YES or NO • Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 26-21, Construction – Lake Fayetteville Bridge and Nature Trail The City of Fayetteville is accepting sealed bids from properly licensed firms to install a bridge at Lake Fayetteville and construct an accessible nature trail. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at kfitch@fayetteville-ar.gov. A non-mandatory Pre-Bid meeting will be held Tuesday, January 20, 2026, at 10:00 AM. Details regarding the pre-bid meeting are available on the project page on the City’s electronic bidding platform. All interested parties are encouraged to attend. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, February 10, 2026, before 2:00 PM local time, utilizing the electronic bidding software or by submitting a sealed bid to the City of Fayetteville Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline and livestreamed on Zoom. Each bid exceeding $50,000 shall be accompanied by a cashier’s check from a bank doing business in the State of Arkansas or a corporate bid bond for five (5) percent of the amount bid. In the event a bidder opts to submit a cashier’s check for a bid bond, the actual physical cashier’s check shall be delivered to the City prior to the deadline. One hundred percent (100%) performance and payment bonds are required after the contract award. This amount includes any approved contingency. The City hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws, and other federal laws including the Fair Labor Standards Act of 1938. The Work Hours Act of 1962, the Title VI of the Civil Rights Act of 1964, and Build America, Buy America provisions also apply to this project. Bidders shall have a valid State of Arkansas Contractors License, a registration in good standing with the Arkansas Secretary of State, and an active registration with the System for Award Management (SAM.gov) at the time of the contract award. 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. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ninety (90) days from the bid opening date. City of Fayetteville By: Kenny Fitch Sr. Procurement Agent 479.578.8258 kfitch@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 01.11.26 & 01.18.26 This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas. Amount paid: $461.58 TABLE OF CONTENTS BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 00 – COVER PAGE, CHECKLIST, ADVERTISEMENT, AND TABLE OF CONTENTS ………….… 1 - 6 SECTION 01 – INSTRUCTIONS TO BIDDERS ………………………………………………………………….………… 1 - 12 PART ONE PART TWO PART THREE PART FOUR PART FIVE PART SIX PART SEVEN PART EIGHT PART NINE PART TEN PART ELEVEN PART TWELVE PART THIRTEEN PART FOURTEEN PART FIFTEEN PART SIXTEEN PART SEVENTEEN PART EIGHTEEN PART NINETEEN PART TWENTY PART TWENTY-ONE PART TWENTY-TWO PART TWENTY-THREE PART TWENTY-FOUR PART TWENTY-FIVE PART TWENTY-SIX PART TWENTY-SEVEN PART TWENTY-EIGHT DEFINED TERMS 1 COPIES OF BIDDING DOCUMENTS 1 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 2 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 3 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 3 APPROXIMATE ESTIMATE OF QUANTITES 4 UNIT PRICES 4 BID FORM 4 SIGNATURE ON BIDS 5 BID BOND 5 PERFORMANCE BOND AND PAYMENT BOND 6 INSURANCE REQUIREMENTS 7 CONTRACT TIME 7 LIQUIDATED DAMAGES 7 SUBCONTRACTORS, SUPPLIERS, AND OTHERS 8 SUBSTITUTE AND “OR EQUALS” ITEMS 8 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 8 DISQUALIFICATIONS OF BIDDERS 9 OPENING OF BIDS 9 EVALUATION OF BIDS 9 RIGHT TO REJECT BIDS 10 AWARDING OF CONTRACT 10 RETAINAGE 10 SIGNING OF AGREEMENT 11 MATERIALS GUARANTEE 11 FAMILIARITY WITH LAWS 11 INDEMNIFICATION 11 MISCELLANEOUS 11 SECTION 02 – BID FORM ………………………………………………………………………………………………………… 1 - 5 SECTION 03 – LIST OF SUBCONTRACTORS ………………………………………………………….……………………. 1 - 1 SECTION 04 – CONTRACTOR REFERENCES ……………………………………………….………………………………. 1 - 1 SECTION 05 – BID BOND ………………………………………………………………………………………….……………… 1 - 2 SECTION 06 – PERFORMANCE BOND ……………………………………………………….…………………………….. 1 - 2 SECTION 07 – PAYMENT BOND ……………………………………………………………………….……….…………….. 1 - 3 SECTION 08 – REQUIRED CONTRACT PROVISIONS ………………………………………………………….……… 1 -29 SECTION 09 – CERTIFICATION OF FEDERAL-AID PROJECTS ……………………………………………………… 1 - 2 SECTION 10 – RESTRICTION OF BOYCOTT OF ISRAEL CERTIFICATION ……………………….…………….. 1 - 1 SECTION 11 – PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE … 1 - 1 SECTION 12 – DOCUMENTATION OF PAYMENTS MADE TO DBE …..……………………………………..….. 1 - 5 SECTION 13 – TITLE VI ASSURANCES – APPENDICES A & E ………………………………………………………. 1 - 2 SECTION 14 – ANIT-COLLUSION AND DEBARMENT CERTIFICATION ………………………………………… 1 - 2 SECTION 15 – PROJECT SPECIFICATIONS ….……………………………………………..………….……..………….. 1 -74 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 01 INSTRUCTIONS TO BIDDERS PART ONE -DEFINED TERMS 1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder – One who submits a Bid directly to City of Fayetteville as distinct from a sub-bidder, who submits a bid to a Bidder. 1.3 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder – The lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. 1.5 Local Time – Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 1.6 Substitution – Item(s) of material, equipment, or substrate that differs in application method, material, warranty, and/or performance as outlined in the specifications. Substitution requests shall be submitted to the Purchasing Division by bid question deadline. Substitution requests will be addressed via addendum. 1.7 Equivalent (or Equal) – Item(s) of material, equipment, or substrate that meets the application method, material, and performance but may differ in manufacturer and/or warranty from what is specified. Item(s) meeting these criteria shall be considered equal at time of bid. a. Named manufacturers within the specifications shall be used as a basis of design in regard to establishing a minimum performance standard. PART TWO -COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor Project Manager assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville and Project Manager in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. SECTION 01 – INSTRUCTIONS TO BIDDERS 1 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART THREE -EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications shall constitute all the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications, and estimates, or be binding on City of Fayetteville. a. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify the Purchasing Division of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville and Project Manager by City of Fayetteville’s of such underground facilities or others, and City of Fayetteville and Project Manager do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated SECTION 01 – INSTRUCTIONS TO BIDDERS 2 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL or expressly required by the Contract Documents, that Bidder has given Project Manager written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Project Manager are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 3.8 Mobilization shall not exceed 5% of bid total. This price shall NOT include bonds and insurance and trench and excavation safety, if applicable. 3.9 Any dumpsters needed for this project shall be procured from Fayetteville Recycling & Trash. No third party dumpsters shall be used. 3.10 Open burning and blasting are not allowed on City projects. 3.11 Contractor is responsible for obtaining all applicable permits; however, fees for City-issued permits shall be waived. PART FOUR -AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the Contract Documents. PART FIVE -INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Project Manager not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum through the City’s online bidding portal. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Project Manager. 5.4 Bidder assumes all responsibility for checking the City’s online bidding portal at www.fayetteville- ar.gov/bids for updates and addenda issued to this project. SECTION 01 – INSTRUCTIONS TO BIDDERS 3 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART SIX -APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Estimated quantities are approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. PART SEVEN -UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT -BID FORM 8.1 Bids are due as indicated in the Advertisement for Bids. 8.2 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non-responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.3 Acceptance of alternate bids is at the City of Fayetteville’s discretion, as best services the City of Fayetteville’s interest. Each deductive alternate is provided for on the Bid Form (if applicable). The price of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. 8.4 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 8.5 All bids shall include all costs including but not limited to sales tax, use tax, permits, insurance, etc. The contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of Fayetteville is not a tax-exempt entity. SECTION 01 – INSTRUCTIONS TO BIDDERS 4 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART NINE -SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given, and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 9.6 A State of Arkansas Contractor’s License, a registration with the Arkansas Secretary of State, and a registration with the System for Award Management (SAM.gov) shall be valid and in good standing at the time of Contract award. 9.7 Vendor shall not be debarred from doing business with any government entity. PART TEN -BID BOND 10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier’s check from a bank located in the State of Arkansas, as stated in the Advertisement for Bids, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, City of Fayetteville may retain Bidder's bid security as liquidated damages but not as a penalty. SECTION 01 – INSTRUCTIONS TO BIDDERS 5 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART ELEVEN -PERFORMANCE BOND AND PAYMENT BOND 11.1 NOTICE TO PROCEED, BONDS AND ORDERING PROCEDURES a. After contract award, the Contractor will provide the City with separate 100% performance and payment bonds, as required in the contract. b. Upon the City receiving and accepting the 100% Performance and Payment Bonds, the City will issue a Purchase Order along with a Notice of Award (NOA). c. The Notice of Award shall serve as permission for the Contractor to order any materials needed to complete the project, specifically those with a long lead time. The Notice of Award shall not extend longer than 120 days. d. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which shall take into consideration the expected delivery of items with a long lead time. e. Calendar days for substantial and final completion shall not start until the day following the issuance of a Notice to Proceed. f. The City will make progress payments for materials delivered on site, after verification of delivered materials by City. 11.3 If Required --Contractor shall include provisions in the bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code Annotated § 22-9-308(d). 11.4 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.5 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.6 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.7 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. The performance and payment bond shall be furnished to the City of Fayetteville accompanied by a receipt stamped by the Washington County Circuit Clerk’s Office. Before any work is performed under this contract, the bond shall be filed with the clerk of the circuit court of Washington County, Arkansas and accepted by the City of Fayetteville Project Manager. SECTION 01 – INSTRUCTIONS TO BIDDERS 6 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL 11.8 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. PART TWELVE – INSURANCE REQUIREMENTS 12.1 The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout project completion. 12.2 This bid is considered a public improvement bid. Public improvement bids shall submit certificates of insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers’ Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer’s liability insurance for the protection of such of his employees as are not otherwise protected. PART THIRTEEN -CONTRACT TIME 13.1 Bidder agrees that the Work shall be substantially completed within __120__ consecutive calendar days from the date established in the written notice to proceed. Total completion (completed and ready for final payment) shall be __150__ consecutive calendar days from the date established in the written notice to proceed. The bidder agrees to pay liquidated damages for each consecutive calendar day thereafter the total completion time. 13.2 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 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 City of Fayetteville’s written consent. PART FOURTEEN -LIQUIDATED DAMAGES 14.1 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within the total completion time. Liquidated damages in the sum of __$400.00__ for each consecutive day thereafter will be assessed. SECTION 01 – INSTRUCTIONS TO BIDDERS 7 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART FIFTEEN – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 15.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. PART SIXTEEN -SUBSTITUTE AND "OR EQUAL" ITEMS 16.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase and are used as a basis of design in regard to establishing a minimum performance standard. Brands or manufacturers that are included in a bid that are of at least equal quality, size, and specification as to what has been specified, will be acceptable for consideration. All requests for approved substitutions shall be submitted by e-mail. Such request to obtain an acceptable substitution shall be made in writing to Kenny Fitch, Sr. Purchasing Agent, at kfitch@fayetteville-ar.gov. The Sr. Purchasing Agent will forward any such requests to the responsible City Department for review. Approval of all submittals will be made only by Addendum issued by the City of Fayetteville Purchasing Division. PART SEVENTEEN -QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Project Manager’s request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 17.2 CERTIFICATION OF FUNDS: Notice: bidders are required to provide pricing for all line items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the lump sum bid as long as such bid falls within the amount of funds certified for the project, plus 25%. a. In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will utilize the deductive alternates in order until bids can be compared within the amount certified, plus 25%. In the event all deductive alternates are subtracted and no bid falls within the amount certified, plus 25%, all bids will be rejected. b. The City shall have the authority to negotiate an award with the apparent responsive responsible low bidder but only if the low bid is within twenty-five present (25%) of the certification of funds. 17.3 DEDUCTIVE ALTERNATES: This does not include any deductive alternates. SECTION 01 – INSTRUCTIONS TO BIDDERS 8 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART EIGHTEEN -DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN -OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. A bid tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PART TWENTY -EVALUATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. SECTION 01 – INSTRUCTIONS TO BIDDERS 9 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE -RIGHT TO REJECT BIDS 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PART TWENTY-TWO -AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed, and the necessary Bonds approved. PART TWENTY-THREE -RETAINAGE 23.1 The City of Fayetteville shall make progress payments within two (2) weeks after Architect/Engineer’s Certification of Payment. All such payments will be measured by the schedule of values established as provided in the General Requirements. a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer/Architect shall determine, or The City of Fayetteville may withhold, in accordance with the General Requirements. b. Retainage will be with-held from each pay request in the amount of 5%. After Substantial Completion has been issued by the Architect, Payments can be made for 100% less the value of remaining punch list items as identified by the Architect on the Certificate of Substantial Completion. c. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the General Requirements. SECTION 01 – INSTRUCTIONS TO BIDDERS 10 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL PART TWENTY-FOUR -SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within five (5) days thereafter, the Contractor shall execute the contract and return to the City to submit to City Council for approval. Within 21 days, the City of Fayetteville shall return the fully executed contract to Contractor. Contractor will have five (5) days to provide the Performance and Payment Bonds for the project. PART TWENTY-FIVE -MATERIALS GUARANTEE 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX -FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. PART TWENTY-SEVEN -INDEMNIFICATION 27.1 To the extent of the limits of the Contractor’s Commercial General Liability Insurance, the Contractor shall indemnify and hold harmless the City of Fayetteville 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 the 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 the Contractor, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. PART TWENTY-EIGHT -MISCELLANEOUS 28.1 Any building repair and demolition for this Project will be performed by the City of Fayetteville. 28.2 Bidder shall perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 – Subpart P -Excavations. 28.3 This project is partially funded by a grant through the Arkansas Department of Transportation. Buy America provisions apply to this project. This contract is subject to applicable labor laws, non- discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply. SECTION 01 – INSTRUCTIONS TO BIDDERS 11 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL 28.4 The awarded contractor shall exercise caution and schedule operations to ensure that functioning of present facilities will not be disrupted. Shutdown of Owner’s operating facilities to perform the Work shall be held to a minimum length of time and shall be coordinated with Owner who shall have control over the timing and schedules of such shutdowns. 28.5 The awarded contractor shall prepare a punch list identifying any incomplete or non-conforming work prior to requesting the Engineer/Landscape Architect/Owner's inspection for Substantial Completion. The Engineer/Landscape Architect/Owner will review, expand upon if needed, and verify the punch list, and Substantial Completion will only be granted after the work is substantially completed, except for minor items as noted on the verified punch list. 28.6 The awarded contractor shall submit an updated punch list verifying that all items from the Substantial Completion punch list have been addressed and completed. The Engineer/Landscape Architect/Owner will inspect the project to confirm that all work has been completed and complies with the Contract Documents for Final Completion. The owner may or may not include an estimated finished value of items to be withheld if they are not completed by contractor. 28.7 Contractor shall provide weekly updates to appropriate City staff, identified by the City, throughout the duration of the project following the Notice to Proceed. Each update shall include all reports, photographs, schedules, and any other documentation as may be requested or specified by the City. The Contractor shall submit such updates in the format and manner directed by the City and within the deadlines established by City staff. END OF SECTION 01 – INSTRUCTIONS TO BIDDERS SECTION 01 – INSTRUCTIONS TO BIDDERS 12 _______________________________________________ _______________________________________________ _______________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 02 BID FORM Bid Number: 26-21, Construction – Lake Fayetteville Bridge and Nature Trail BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: _______________________________________________ ARTICLE 1 -INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 -TERMS AND CONDITIONS 2.01 Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner’s Notice of Award. SECTION 02 – BID FORM 1 __________________ ___________________ __________________ ___________________ __________________ ___________________ __________________ ___________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL ARTICLE 3 -BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: Number Date A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. E. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. F. Bidder has given Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Purchasing Division is acceptable to Bidder. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham SECTION 02 – BID FORM 2 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. I. Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the General Conditions. J. The bid security attached in the sum of $________________________ is to become the property of the Owner in the event the contract and bond are not executed within the time set forth above, as liquidated damages for the delay and additional expense to the Owner caused thereby. ARTICLE 4 – CONTRACT TIMES 4.01 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within the total completion time. Liquidated damages in the sum of $__400.00___ for each consecutive calendar day thereafter will be assessed. 4.02 Determination of Contract Time A. General The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as calendar days. The Contractor shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. The Park Planning Superintendent will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the Contractor shall complete this work in a timely manner or the Park Planning will resume time charges. B. Calendar Day Calendar day contract time includes delays for normal weather-related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per-month basis as hereinafter set out. Only weather- related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. Days Included in Contract Times for Normal Weather- Related Events, on a monthly basis, are: SECTION 02 – BID FORM 3 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Month Days January 11 February 9 March 8 April 8 May 8 June 8 July 7 August 7 September 7 October 7 November 7 December 8 4.03 No changes in contract times will be allowed for any reason without a request in writing from the contractor. This request shall include reasons for the request with supporting documentation as proof of extraordinary delays beyond the contractor’s control. Normal rainfall amounts and soil conditions will not be considered as reasons for extensions of time, nor will workload of the Contractor. The request must be submitted to the Park Planning Superintendent every week on Friday to be considered. No compensation will be made for monetary damages due to weather delay(s). ARTICLE 5 – TERMINOLOGY 5.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on _____________________________, 20______. Arkansas State Contractor License No. _______________________________ Date of Application for Licensure (if approval is pending) _______________________________ SAM.gov Registration Number _______________________________ SECTION 02 – BID FORM 4 ___________________________________________________ ____________________________________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL If Bidder is: AN INDIVIDUAL Name (type or printed): ___________________________________________ By: __________________________________________________(SEAL) (Individual’s Signature) Doing business as: ___________________________________________________ Business address: ___________________________________________________ Phone No.: ___________________________ FAX No.: _____________________ Tax ID No.: ___________________________ UEI No.: _____________________ A PARTNERSHIP Partnership Name: ______________________________________(SEAL) By: _________________________________________________________ (Signature of general partner – attach evidence of authority to sign) Name (type or printed): _______________________________________________ Business address: ______________________________________________________ Phone No.: ____________________________ FAX No.: ____________________ Tax ID No.: ___________________________ UEI No.: _____________________ SECTION 02 – BID FORM 5 ____________________________________________________________ ________________________________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL A CORPORATION Corporation Name: ______________________________________(SEAL) State of Incorporation: __________________________________________ Type (General Business, Professional, Service, Limited Liability): _______ By: _________________________________________________________ (Signature – attach evidence of authority to sign) Name (type or printed): __________________________________________ Title: _________________________________________________________ (CORPORATE SEAL) Attest: ________________________________________________________ (Signature of Corporate Secretary) Business address: _________________________________________________ Phone No.: ________________________ FAX No.: ___________________ Tax ID No.: ________________________ UEI No.: ___________________ END OF SECTION 02 – BID FORM SECTION 02 – BID FORM 6 ________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 03 LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor’s Work Subcontractor’s Name Expected Percentage and Address or Value Clearing/Demolition ___________________________________ __________________ ___________________________________ __________________ Mechanical ___________________________________ __________________ ___________________________________ __________________ Plumbing ___________________________________ __________________ ___________________________________ __________________ Electrical ___________________________________ __________________ ___________________________________ __________________ Roofing/Sheet Metal ___________________________________ __________________ ___________________________________ __________________ Other (designate) ___________________________________ __________________ ___________________________________ __________________ NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder’s Signature SECTION 03 – LIST OF SUBCONTRACTORS 1 _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 04 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: ________________________________________________________________________________ NUMBER OF YEARS IN BUSINESS: ___________________HOW LONG IN PRESENT LOCATION: ____________________ TOTAL NUMBER OF CURRENT EMPLOYEES: _________________ FULL TIME _______________ PART TIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: ____________ FULL TIME ____________ PART TIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. ___________________________________________ 2. _________________________________________ COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS 3. ___________________________________________ 4. _________________________________________ COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE DATE COMPLETED DATE COMPLETED E-MAIL ADDRESS E-MAIL ADDRESS SECTION 04 -CONTRACTOR REFERENCES 1 _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 05 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of _____________________ as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of __________________________________________________ _________________________________ Dollars ($____________________), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SECTION 05 -BID BOND 1 _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Signed and sealed this ____________ day of __________________ 20_____. PRINCIPAL (CORPORATE SEAL) By ____________________________________ SURETY By _____________________________________ ATTORNEY-IN-FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-in-Fact’s authority from Surety) END OF SECTION 05 SECTION 05 -BID BOND 2 __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 06 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of $____________________, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated ____________________, 20______, entered into a contract with Owner for BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL which contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination SECTION 06 -PERFORMANCE BOND 1 _______________________________________ _______________________________________ _____________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this ______________ day of ____________________ 20______. CONTRACTOR (CORPORATE SEAL) By ____________________________________ SURETY COUNTERSIGNED: Resident Agent State of Arkansas By _____________________________________ By ____________________________________ ATTORNEY-IN-FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-in-Fact’s authority from Surety) Approved as to Form: Attorney for ____________________________ SECTION 06 -PERFORMANCE BOND 2 __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 07 LABOR AND MATERIAL PAYMENT BOND This Bond is issued simultaneously with the Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of $_________________________, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated ____________________, 20______, entered into a contract with Owner for BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL which contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: SECTION 07 -LABOR AND MATERIAL PAYMENT BOND 1 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above-named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. SECTION 07 -LABOR AND MATERIAL PAYMENT BOND 2 _______________________________________ _______________________________________ _____________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION – LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Signed and sealed this ______________ day of ____________________ 20______. CONTRACTOR (CORPORATE SEAL) By ____________________________________ SURETY COUNTERSIGNED: Resident Agent State of Arkansas By _____________________________________ By ____________________________________ ATTORNEY-IN-FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-in-Fact’s authority from Surety) Approved as to Form: Attorney for ____________________________ SECTION 07 -LABOR AND MATERIAL PAYMENT BOND 3 Section 08 - Required Contract Provisions FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1)Withholding monthly progress payments; (2)Assessing sanctions; (3)Liquidated damages; and/or (4)Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 3 (1)The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2)The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3)The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. 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 must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. 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 classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must 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. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i)The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 4 (ii)The classification is used in the area by the construction industry; and (iii)The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must 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 be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii)The classification is used in the area by the construction industry; and (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5)The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. 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, in accordance with the criteria set forth in § 5.28, 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. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, 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. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 5 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must 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. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i)That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii)That each laborer or mechanic (including each helper and apprentice) working 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 29 CFR part 3; and (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. 6 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform 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 (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must 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, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must 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 this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (3) Required information disclosures. Contractors and b. Equal employment opportunity. The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address, telephone number, and email address 7 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 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 as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 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 as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it 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 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction 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 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons 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. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 8 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* 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 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1)the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; 9 (3)the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4)the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1)is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 10 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 11 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (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. 2 CFR 180.335(d). (5)Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6)Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 12 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 13 ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 14 7-26-96 FHWA-1273 Supplement Page 1 of 1 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – NOTICE TO CONTRACTORS Elsewhere in this contract are three Supplemental Specifications on Equal Employment Opportunity designated as PR-1273 Supplements. They are (1) Specific Equal Employment Opportunity Responsibilities (23 U.S.C. 140), (2) Equal Employment Opportunity – Goals and Timetables, and (3) Equal Employment Opportunity – Federal Standards. This notice is to clarify the responsibilities for review of compliance and enforcement for these separate supplemental specification requirements. The first of the Supplemental Specifications cited above covers the requirements for the equal employment opportunity program under Title 23 for which the sponsor is responsible. The sponsor performs the necessary compliance review and enforcement of this supplemental Specification which is applicable to all contractors holding Federal-aid highway contracts. The latter two Supplemental Specifications are for the specific equal opportunity requirements for Executive Order 11246 which is the sole responsibility of the Office of Federal Contract Compliance Programs (OFCCP), Department of Labor. Review and enforcement under these Supplemental Specifications is performed by OFCCP. OFCCP has, under Paragraph 8 of the EEO Federal Standards Supplemental Specification, recognized the Arkansas AGC Heavy Highway Affirmative Action Plan as meeting the provisions of that Supplemental Specification and Supplemental Specification (2) cited above. With this recognition, those contractors signatory to the AGC Plan have been waived from individual review by OFCCP. However, OFCCP retains the right to review any such contractors whenever circumstances warrant. Also, contractors non-signatory to the AGC Plan are subject to OFCCP review under EO 11246. AHTD and OFCCP have agreed to work towards eliminating duplicative reviews on individual contractors; however, each agency may make reviews at any time notwithstanding the cited agreement. 7-26-96 FHWA-1273 Supplement Page 1 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 1137S are set forth in Required Contract Provisions (Form FHWA-1273 and Supplements) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal- Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. The initial measure of the contractor's good faith efforts to comply with these Special Provisions shall be its efforts to meet the goals set forth in the 'Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)' for minority and female participation expressed in percentage terms for the contractor's work force in each trade on this project. b. The contractor will work with the sponsor and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection I of the Federal- Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, age, disability, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, disability, or national origin. Such action shall include: 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, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to the sponsor contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: 7-26-96 FHWA-1273 Supplement Page 2 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the contractor's procedures for locating and hiring minority and female employees. b. In order to make the contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1) Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment, and potential employees. (2) The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment a. When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer.' All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority and female applicants, including, but not limited to, State employment agencies, schools. colleges, and minority group organizations. To meet this requirement, the contractor will, through his EEO Officer, identify sources of potential minority and female employees, and establish with such identified sources procedures whereby minority and female applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority and female applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In, addition, information and procedures with regard to referring minority and female applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, 7-26-96 FHWA-1273 Supplement Page 3 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) color, religion, sex, age, disability, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training, In the event the Optional Training Special Provision is provided under this contract, this subparagraph will be superseded by that Special Provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the union and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below, a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, age, disability, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union, except that to the extent such information is within the exclusive ion of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the sponsor and shall set forth what efforts have been made to obtain such information. 7-26-96 FHWA-1273 Supplement Page 4 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, age, disability, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the sponsor. 9. Subcontracting. a. The contractor's attention is called to the Special Provision on Disadvantaged Business Enterprises in Federal-Aid Highway Construction. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The contractor will keep such records as are necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) the number of minority and non- minority group members and women employed in each work classification on the project, (2) the progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force), (3) the progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) the progress and efforts being made in securing the services of Disadvantaged Business Enterprises or subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the sponsor and the Federal Highway Administration. c. The contractors will submit an annual report to the State Highway agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. Ibis information is to be reported on Form PR 1391. 11. Corrective Action Plans. The contractor understands that a designated representative of the sponsor will periodically review compliance by the contractor with all contractual provisions incorporated pursuant to Executive Order 11246, as amended, and Federal Highway Administration Equal Employment Opportunity Special Provisions implementing the Federal-Aid Highway Act of 1968, where applicable. In the event that the designated representative of the sponsor finds that the contractor has failed to comply with any of the aforementioned contractual provisions, he will notify the contractor of this finding in writing A declaration of default will result in the suspension of all future payments. No declaration of default will be made if the sponsor and the contractor formally agree to enter into a corrective action plan setting out the specified steps and timetables the contractor will be contractually obligated to perform in order to re-establish his 7-26-96 FHWA-1273 Supplement Page 5 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) compliance. 'Ibis collective action plan, in order to be accepted by the sponsor, shall include the following mandatory enforcement language: “If, at any time in the future, the Office of Federal Contract Compliance Programs or the Federal Highway Administration or the Arkansas State Highway Commission or their successor(s) believe that (name of contractor) has violated any portion of this agreement, (name of contractor) shall be promptly notified of the fact in writing. This notification shall include a statement of the facts and circumstances relied upon in forming that belief. In addition, the notification shall provide (name of contractor) with 15 days to respond in writing to the notification except where the Office of Federal Contract Compliance Programs, the Federal Highway Administration or the Arkansas State Highway Commission alleges that such delay would result in irreparable injury. It is understood that enforcement proceedings for violation of this agreement may be initiated at any time after the 15- day period has elapsed (or sooner if irreparable injury is alleged) without issuance of a show cause notice.” “It is recognized that where the Office of Federal Contract Compliance Programs and/or the Federal Highway Administration and/or the Arkansas State Highway Commission believes that (name of contractor) has breached this agreement, evidence regarding the entire scope of (name of contractor) alleged noncompliance from which this agreement resulted, in addition to evidence regarding (name of contractor) alleged violation of this agreement, may be introduced at the enforcement proceeding.” “Violation of this agreement may subject (name of contractor) to sanctions pursuant to the Arkansas State Highway Commission contract administration procedures. It is further recognized that liability for violation of this agreement may also subject (name of contractor) to sanctions set forth in Section 209 of Executive Order 11246, as amended, and/or appropriate relief.” The contractor will submit quarterly reports to the sponsor as a result of any deficiencies cited during an equal employment opportunity compliance review. The reports will indicate the affirmative action steps taken to correct the deficiencies. Instructions for submission of the reports will be furnished by the Equal Employment Opportunity Section. 7-26-96 FHWA-1273 Supplement Page 1 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The 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 workforce in each trade on all construction work in covered area, are as follows: MINORITIES COUNTY Arkansas 16.4% Ashley 16.4% Baxter 3.3% Benton 3.3% Boone 3.3% Bradley 16.4% Calhoun 16.4% Carroll 3.3% Chicot 16.4% Clark 16.4% Clay 26.5% Cleburne 16.4% Cleveland 16.4% Columbia 20.2% Conway 16.4% Craighead 26.5% Crawford 5.6% Crittenden 32.3% Cross 26.5% Dallas 16.4% Desha 16.4% Drew 16.4% Faulkner 16.4% Franklin 6.6% Fulton 16.4% Garland 16.4% Grant 16.4% Greene 26.5% Hempstead 20.2% Hot Spring 16.4% Howard -20.2% Independence 16.4% Izard 16.4% Jackson 16.4% Jefferson 31.2% Johnson 16.4% Lafayette 20.2% Lawrence 26.5% Lee 26.5% Lincoln 16.4% Little River 19.7% Logan 6.6% Lonoke 16.4% Madison 3.3% Marion 3.3% Miller 19.7% Mississippi 26.5% Monroe 16.4% Montgomery 16.4% Nevada 20.2% Newton 3.3% Ouachita 16.4% Perry 16.4% Phillips 26.5% Pike 20.2% Poinsett 26.5% Polk 6.6% Pope. 16.4% Prairie 16.4% Pulaski 15.7% Randolph 26.5% Saline 15.7% Scott 6.6% Searcy 3.3% Sebastian 5.6% Sevier 20.2% Sharp 16.4% Stone 16.4% St. Francis 26.5% Union 16.4% Van Buren 16.4% Washington 3.3% White 16.4% Woodruff 16.4% Yell 16.4% FEMALES Statewide – 6.9% 7-26-96 FHWA-1273 Supplement Page 2 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 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 specifications 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 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 ten (10) working days of award of any construction subcontract 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 of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in the Notice, and in the contract resulting from this solicitation, the ‘covered area’ is as described in the Proposal Form for this project. 7-26-96 FHWA-1273 Supplement Page 1 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS 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 Contract Compliance Programs United States Department of Labor, or any person to whom 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 of 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 is 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 and 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 an approved Plan is individually required to comply with its obligations under the 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. 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 or 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 its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective 7-26-96 FHWA-1273 Supplement Page 2 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 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 nonworking 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. 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 Contractor, this shall be documented in the file with the reason therefor, along with whatever 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 meet 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 compiled under 7b above. f. Disseminate the Contractor's EEO 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 before the start of work and then not less often than once every six months; and by posting the company EEO policy on bulletin 7-26-96 FHWA-1273 Supplement Page 3 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) boards accessible to all employees at each location where construction work is performed. g. Review 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 on- site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site and then not less often than once every six months. 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 news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom 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 test 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 workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and 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 obligations 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 disadvantaged business enterprise 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 a contractor association, joint contractor-union, contractor community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of 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 7-26-96 FHWA-1273 Supplement Page 4 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 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 workforce 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 of 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 thou-h 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, national origin, age or disability. 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 Employment 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 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 Contractor fails to comply with the requirements of 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 in 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). 16. In addition to the reporting requirements set forth elsewhere in this contract, the contractor and the subcontractors holding subcontracts not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed employment data as contained under Form PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 1 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 1. Equal Employment Opportunity is the Law U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 2. “EEO is the Law” Poster Supplement U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 3. Company EEO Policy U. S. Department of Labor Contractor to Prepare: (prepared by the Contractor on the Company’s letterhead) (OFCCP) a. EEO policy statement. b. Notice encouraging employees to refer minority and female applicants for employment. c. Notice informing employees of an available training program and the entrance requirements. d. Complaint procedures e. Notice identifying company EEO officer by name, including address and telephone number where EEO officer can be located. f. Work environment statement. g. Certification of nonsegregated facilities *h. Notice to unions disseminating EEO commitments and responsibilities and requesting their *Union Contractors Only cooperation. 4. Current Wage Rates (PR-1273 Supplement) U. S. Department of Labor Contained in contract. Extra copies may be obtained or SS Revisions of PR-1273 for Off-System from Program Management Division – ARDOT Projects 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 2 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 5. “Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer (WH 1321) 6. “Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer (WH 1321 SPA) 7. Minimum Wage Rate (WH 1088) U. S. Department of Labor ARDOT Resident Engineer 8. “NOTICE” Federal Aid Projects U. S. Department of Transportation ARDOT Resident Engineer (PR-1022) (FHWA) 9. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer OSHA 3165 (OSHA) 10. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer OSHA 3167 (OSHA) 11. Emergency Phone Numbers of Doctors, Hospital and U. S. Department of Labor ARDOT Resident Engineer Ambulance near Job Site for referring injured employees. (OSHA) 12. WCC Form AR-P State of Arkansas Insurance Carrier Workers Compensation Notice and Instructions to Employers and Employees Self-Insurer State of Arkansas Administrator -Self-Insured Group 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 3 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 13. Log and Summary of Occupational Injuries and Illnesses U. S. Department of Labor ARDOT Resident Engineer (OSHA Form 300). (OSHA) The Summary portion must be posted from February 1 to Public Law 91-596 April 30, of the year following the year covered by the form. 14. Family and Medical Leave Act of 1993 U. S. Department of Labor ARDOT Resident Engineer (WH-1420) Employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. 15. Employee Polygraph Protection Act (WH-1462) U. S. Department of Labor ARDOT Resident Engineer 16. Your Rights Under USERRA (The Uniformed Services U. S. Department of Labor ARDOT Resident Engineer Employment and Reemployment Rights Act) 17. Arkansas Department of Labor Notice to Employer & Arkansas Department of Labor ARDOT Resident Engineer Employee 18. Pay Transparency Nondiscrimination Provision U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 7/26/96 Page 1 of 2 Section 09 - Certification of Federal-Aid Projects SPONSOR SUPPLEMENT TO PROPOSAL C E R T I F I C A T I O N The prospective contractor certifies, by signing and submitting this proposal, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on his or her behalf, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal-Aid contract, the prospective contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Available from Arkansas State Highway and Transportation Department, Programs and Contracts Division). This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. During the period of performance of this contract, the contractor and all lower tier subcontractors must file a Form-LLL at the end of each calendar year quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any previously filed disclosure form. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective contractor also agrees by submitting his or her proposal that he or she shall require that the language of this Certification be included in all lower tier subcontracts which exceed $100,000 and that all such subcontractors shall certify and disclose accordingly. 7/26/96 Page 2 of 2 SPONSOR SUPPLEMENT TO PROPOSAL C E R T I F I C A T I O N THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS PART OF THIS PROPOSAL The bidder _______________________________, proposed subcontractor _______________________, hereby certifies that he has ________, has not ________, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has ________, has not ________, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Currently, Standard Form 100 [EEO-1] is the only report required by the Executive Orders or their implementing regulations.) JOB NO. (Company) F.A.P. NO. By: (Signature) (Date Executed) (Title of Person Signing) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. Section 102/28/18 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENT TO PROPOSAL RESTRICTION OF BOYCOTT OF ISRAEL CERTIFICATION Pursuant to Arkansas Code Annotated § 25-1-503, a public entity shall not enter into a contract valued at $1,000 or greater with a company unless the contract includes a written certification that the person or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel. By signing below, the Contractor agrees and certifies that they do not boycott Israel and will not boycott Israel during the remaining aggregate term of the contract. If a company does boycott Israel, see Arkansas Code Annotated § 25-1-503. Bid Number/Contract Number Description of product or service Contractor name Contractor Signature: __________________________________ Date: ________________ 10-27-2020 Section 11 Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION JOB NO. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT In accordance with the requirements of 2 CFR 200.216, equipment utilized on this project for telecommunications and video surveillance services or equipment shall not be produced by: 1) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 2) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Rev. 11-20-08 Section 12 Page 1 of 5 Rev. 11-15-23 CITY OF FAYETTEVILLE SPECIAL PROVISION JOB 040955 DOCUMENTATION OF PAYMENTS MADE TO DISADVANTAGED BUSINESS ENTERPRISES Although this contract does not have a Disadvantaged Business Enterprise (DBE) Goal, in accordance with Subsection 103.08(a) of the Standard Specifications all payments made to DBE Contractors, suppliers, manufacturers, and/or non-construction service firms must be reported by the Prime Contractor. As required by Subsection 103.08(h), the Prime Contractor must use the appropriate DBE Payment Log form included in this Special Provision during the progress of the Contract. Listed below are the instructions on when each form is required to be submitted.  The Prime DBE Payment Log (page 3) must be submitted by the Prime Contractor when he/she is a certified DBE Contractor and work was performed by their own forces or money was earned by the DBE Prime Contractor for work performed by a Subcontractor during the estimate period.  The DBE Subcontractor Payment Log (page 2) must be submitted by the Prime Contractor when a Subcontractor is a certified DBE Contractor and work was performed by a Subcontractor or money was earned by a Subcontractor for work performed by a Second- tier Subcontractor during the estimate period.  The 2nd Tier DBE Payment Log (page 4) must be submitted by the Prime Contractor when a 2nd Tier Subcontractor is a certified DBE Contractor and work was performed by a 2nd Tier Subcontractor during the estimate period.  The 2nd Tier DBE Payment Log (page 4) must be submitted by the Prime Contractor when payments are made to a Department Certified DBE supplier, manufacturer, and/or non- construction service firm by the Prime Contractor or any Subcontractor or 2nd Tier Subcontractor during the estimate period. A separate DBE Payment Log form is required for each DBE firm receiving payments for work completed or services provided during each estimate period. The DBE Payment Log forms, along with instructions for their use, are available on the Department’s website at: http://ardot.gov/Construc/DBE_Log.xls All certifications of payments must be received by the Resident Engineer within thirty-five (35) calendar days following the end of each estimate period. Facsimile or scanned copies of the completed original payment log forms are acceptable to fulfill this requirement. Upon completion of the contract, a final certificate of payments to all DBE firms -- page 5 of this Special Provision -- is required by Subsection 103.08 (h). The final amount paid to each DBE firm shall match the total to date reported on the last DBE payment log submitted for each firm. If necessary, an additional DBE payment log shall be submitted with the certificate of payment itemizing all payments made to DBE firms since the last estimate period. A signed, original of the Final Certificate of Payment must be furnished to the Resident Engineer. Page 2 of 5 CITY OF FAYETTEVILLE DBE Subcontractor Payment Log Job Number ____________________ Prime Contractor ________________________________ Estimate No. _____ DBE Subcontractor ________________________________ Estimate Ending Date______________ Date Payment Made to DBE _________________________ Item Code* Item Description Subcontract Unit Price 2nd Tier Unit Price Quantity Value Earned By Subcontractor * Item Codes for pay items are shown on the estimate voucher Total This Estimate Retainage Withheld This Estimate DBE Payment Log must be received Net Total This Estimate within 35 calendar days of the ending ___% Retainage Previous Total date of the estimate. Total To Date The Prime Contractor certifies that the payment listed has been made to the DBE Subcontractor and that the documentation of this payment is available for inspection upon request. Authorized Signature_____________________________________ Title _____________________ Typed or Printed Name___________________________________ Date _____________________ Department Use Only Received Verified By ___________________ By _______________________ _________ Date ____________________ Date _______________________ RE Initials Rev. 9-6-17 Page 3 of 5 CITY OF FAYETTEVILLE DBE Prime Contractor Payment Log Job Number ____________________ DBE Prime Contractor _______________________________ Estimate No. _____ Estimate Ending Date______________ Item Code* Item Description Contract Unit Price Sub Unit Price Quantity Value Earned By DBE Prime * Item Codes for pay items are shown on the estimate voucher Total This Estimate Previous Total DBE Payment Log must be received Total To Date within 35 calendar days of the ending date of the estimate. The Prime Contractor certifies that the information shown above is correct and represents the value earned by the DBE Prime Contractor during the above estimate period. Authorized Signature_____________________________________ Title _____________________ Typed or Printed Name___________________________________ Date _____________________ Department Use Only Received Verified By ___________________ By _______________________ ________ Date ____________________ Date _______________________ RE Initials Rev. 9-6-17 Page 4 of 5 CITY OF FAYETTEVILLE DBE 2nd Tier Payment Log Job Number ____________________ Prime Contractor _______________________________ Estimate No. _____ Subcontractor _______________________________ Estimate Ending Date___________ DBE 2nd Tier Subcontractor __________________________ Date Payment Made to DBE __________________________ Item Code* Item Description 2nd Tier Unit Price Quantity Value Earned by 2nd Tier * Item Codes for pay items are shown on the estimate voucher Total This Estimate Retainage Withheld This Estimate DBE Payment Log must be received Net Total This Estimate within 35 calendar days of the ending ___% Retainage Previous Total date of the estimate. Total To Date The Prime Contractor certifies that the payment listed has been made to the DBE 2nd Tier Subcontractor and that the documentation of this payment is available for inspection upon request. Authorized Signature_____________________________________ Title _____________________ Typed or Printed Name___________________________________ Date _____________________ Department Use Only Received Verified By ___________________ By _______________________ ________ Date ____________________ Date _______________________ RE Initials Rev. 9-6-17 CITY OF FAYETTEVILLE CERTIFICATE OF PAYMENT Page 5 of 5 JOB F.A.P. JOB NAME ORIGINAL CONTRACT AMOUNT $ DBE GOAL $ * (Contract Commitment) DBE CONTRACT GOAL ___% FINAL PAYMENT TO DBEs The undersigned Contractor on the above mentioned project hereby certifies that the following amount(s) were paid to: DBE Subcontractor(s) Amount Paid $ $ $ $ $ $ $ $ $ $ $ Total Paid to DBEs $ Only payments related to work, services, or material actually provided by DBE firms should be shown. Payments under second tier subcontracts from DBE firms to non-DBE firms should not be included. DBE prime Contractors should include the value of work performed by its own forces. Contractor: Signature: Typed or Printed Name: Title: Date: THIS “CERTIFICATE OF PAYMENT” IS TO BE SUBMITTED TO THE RESIDENT ENGINEER PRIOR TO PROJECT ACCEPTANCE. * If goal not met, brief explanation: Rev. 9-6-17 Revised: 5-11-16 Section 13 - Title VI Assurances - Appendices A & ETitle VI CONTRACT PROVISIONS APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: (1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancelling, terminating or suspending a contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Revised: 5-11-16 TITLE VI CONTRACT PROVISIONS APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681et seq). 12/15/11 Section 14 Page 1 of 2 SPONSOR SUPPLEMENT TO PROPOSAL ANTI-COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. As a condition precedent to the acceptance of the bidding document for this project, the bidder shall file this Affidavit executed by, or on behalf of the person, firm, association, or corporation submitting the bid. The original of this Affidavit shall be filed with the SPONSOR at the time proposals are submitted. AFFIDAVIT I hereby certify, under penalty of perjury under the laws of the United States and/or the State of Arkansas, that the bidder listed below has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid for this project, is not presently barred from bidding in any other jurisdiction as a result of any collusion or any other action in restraint of free competition, and that the foregoing is true and correct. Further, that except as noted below, the bidder, or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal funds: a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; c. does not have a proposed debarment pending; and d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. ______________________________________________ 12/15/11 Page 2 of 2 SPONSOR SUPPLEMENT TO PROPOSAL ANTI-COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. EXCEPTIONS: APPLIED TO INITIATING AGENCY DATES OF ACTION Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Job No. (Name of Bidder) F.A.P. No. (Signature) (Date Executed) (Title of Person Signing) The following Notary Public certification is OPTIONAL and may or may not be completed at the contractor's discretion. State of ___________________________ ) County of ___________________________ )ss. _______________________________________, being duly sworn, deposes and says that he is _______________________________________ of __________________________________________ (Title) (Name of Bidder) and that the above statements are true and correct. Subscribed and Sworn to before me this _____ day of ____________________, 20_____. My commission expires:______________________________________ (Notary Public) (NOTARY SEAL) Section 15 TECHNICAL SPECIFICATIONS LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL (RTP-22) (S) ARDOT JOB 040922 F.A.P. RTP-1302(367) CITY OF FAYETTEVILLE, ARKANSAS Prepared by: Prepared For: Michael Baker International City of Fayetteville 101 South Spring St., Suite 100 Parks, Natural Resources, & Cultural Affairs Little Rock, Arkansas 72201 100 W. Rock St., Suite 250 (501) 907-6223 Fayetteville, Arkansas (479) 444-3471 JOB 040922 TECHNICAL SPECIFICATIONS ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION, EDITION OF 2014, AND THE BELOW LISTED SPECIAL PROVISIONS AND SUPPLEMENTAL SPECIFICATIONS. CITY OF FAYETTEVILLE MINIMUM STREET STANDARDS, 2020 EDITION. CITY OF FAYETTEVILLE TREE PRESERVATION AND LANDSCAPE MANUAL, 2016 EDITION. CITY OF FAYETTEVILLE CODE OF ORDINANCES. WHERE CONFLICTS EXIST BETWEEN THE SPECIFICATIONS LISTED ABOVE, THE MOST RECENT CITY OF FAYETTEVILLE REQUIREMENTS WILL GOVERN UNLESS SHOWN OTHERWISE IN THE PLANS. SPECIAL PROVISIONS & SUPPLEMENTAL SPECIFICATIONS NUMBER TITLE ERRATA________________________________________________ERRATA FOR THE BOOK OF STANDARD SPECIFICATIONS FHWA-1273________________________________________________REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273________________________________________________SUPPLEMENT - EQUAL EMPLOYMENT OPPORTUNITY - NOTICE TO CONTRACTORS FHWA-1273________________________________________________SUPPLEMENT - SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) FHWA-1273________________________________________________SUPPLEMENT - EQUAL EMPLOYMENT OPPORTUNITY - GOALS AND TIMETABLES FHWA-1273________________________________________________SUPPLEMENT - EQUAL EMPLOYMENT OPPORTUNITY - FEDERAL STANDARDS FHWA-1273________________________________________________SUPPLEMENT - POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS FHWA-1273________________________________________________SUPPLEMENT - REVISIONS OF FHWA-1273 FOR OFF-SYSTEM PROJECTS 100-3________________________________________________CONTRACTOR'S LICENSE 210-1________________________________________________UNCLASSIFIED EXCAVATION 303-1________________________________________________AGGREGATE BASE COURSE 306-1________________________________________________QUALITY CONTROL AND ACCEPTANCE 501-3________________________________________________PORTLAND CEMENT CONCRETE PAVEMENT 633-1________________________________________________CONCRETE WALKS, CONCRETE STEPS, AND HAND RAILING 800-1________________________________________________STRUCTURES 802-3________________________________________________CONCRETE FOR STRUCTURES 802-5________________________________________________CONCRETE FOR STRUCTURES 804-2________________________________________________REINFORCING STEEL FOR STRUCTURES JOB 040922________________________________________________BUY AMERICA - CONSTRUCTION MATERIALS JOB 040922________________________________________________CARGO PREFERENCE ACT REQUIREMENTS JOB 040922________________________________________________CAVE DISCOVERY JOB 040922________________________________________________CRUSHED LIMESTONE TRAIL JOB 040922________________________________________________EXCAVATION SAFETY SYSTEMS JOB 040922________________________________________________INSURANCE AND BONDS JOB 040922________________________________________________PREFABRICATED STEEL TRUSS SUPERSTRUCTURE JOB 040922________________________________________________PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT JOB 040922________________________________________________SEEDING MIXTURE MODIFICATIONS JOB 040922________________________________________________SOLID SODDING MODIFICATIONS 02-27-14 Rev. 10-24-14 Rev. 02-12-15 Rev. 06-08-15 Rev. 11-17-17 Rev. 09-13-18 SS-Errata Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION ERRATA FOR THE BOOK OF STANDARD SPECIFICATIONS Errors noted in the printed book of Standard Specifications for Highway Construction, Edition of 2014, are listed below and this publication is hereby revised as follows: Page 124: The third sentence of the first paragraph of Subsection 110.03(c) should read: The Engineer will make a decision within 10 business days concerning the necessity or practicability of the request. Page 195: The sixth paragraph of subsection 303.02 should read: For Classes 1 through 8 materials, the fraction passing the #200 (0.075 mm) sieve shall not be greater than three-fourths of the fraction passing the #40 (0.0425 mm) sieve. For Classes 3 through 8, the fraction passing the #40 (0.425 mm) sieve shall have a liquid limit not greater than 25. Page 363: In the second paragraph of Subsection 502.02, the reference to ASTM 775 should be replaced by “ASTM A 775”. Page 636: In the second paragraph of Subsection 730.02, the references to AASHTO M 183 should be replaced with ASTM A36. Page 637: The last sentence of the second paragraph of Subsection 730.03 should read: All bolts, nuts, and washers shall be galvanized according to AASHTO M 232 or ASTM B 695, Class 40 or 50. Page 767: In the fourth paragraph of Subsection 807.06(a), the reference to ASTM B595 should be replaced by “ASTM B695”. Page 841: Subsection 817.04(a) should read: The treatment of lumber and timber shall meet the applicable requirements of the current edition of the AWPA, Standards U1, Commodity Specification E, Use Category UC4C. FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1)Withholding monthly progress payments; (2)Assessing sanctions; (3)Liquidated damages; and/or (4)Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 3 (1)The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2)The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3)The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. 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 must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. 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 classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must 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. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i)The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 4 (ii)The classification is used in the area by the construction industry; and (iii)The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must 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 be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii)The classification is used in the area by the construction industry; and (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (4)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. (5)The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. 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, in accordance with the criteria set forth in § 5.28, 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. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, 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. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 5 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must 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. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i)That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii)That each laborer or mechanic (including each helper and apprentice) working 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 29 CFR part 3; and (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. 6 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform 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 (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must 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, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must 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 this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (3) Required information disclosures. Contractors and b. Equal employment opportunity. The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address, telephone number, and email address 7 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 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 as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 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 as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it 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 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction 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 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons 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. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 8 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* 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 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1)the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; 9 (3)the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4)the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1)is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 10 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 11 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (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. 2 CFR 180.335(d). (5)Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6)Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 12 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 13 ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 14 7-26-96 FHWA-1273 Supplement Page 1 of 1 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – NOTICE TO CONTRACTORS Elsewhere in this contract are three Supplemental Specifications on Equal Employment Opportunity designated as PR-1273 Supplements. They are (1) Specific Equal Employment Opportunity Responsibilities (23 U.S.C. 140), (2) Equal Employment Opportunity – Goals and Timetables, and (3) Equal Employment Opportunity – Federal Standards. This notice is to clarify the responsibilities for review of compliance and enforcement for these separate supplemental specification requirements. The first of the Supplemental Specifications cited above covers the requirements for the equal employment opportunity program under Title 23 for which the sponsor is responsible. The sponsor performs the necessary compliance review and enforcement of this supplemental Specification which is applicable to all contractors holding Federal-aid highway contracts. The latter two Supplemental Specifications are for the specific equal opportunity requirements for Executive Order 11246 which is the sole responsibility of the Office of Federal Contract Compliance Programs (OFCCP), Department of Labor. Review and enforcement under these Supplemental Specifications is performed by OFCCP. OFCCP has, under Paragraph 8 of the EEO Federal Standards Supplemental Specification, recognized the Arkansas AGC Heavy Highway Affirmative Action Plan as meeting the provisions of that Supplemental Specification and Supplemental Specification (2) cited above. With this recognition, those contractors signatory to the AGC Plan have been waived from individual review by OFCCP. However, OFCCP retains the right to review any such contractors whenever circumstances warrant. Also, contractors non-signatory to the AGC Plan are subject to OFCCP review under EO 11246. AHTD and OFCCP have agreed to work towards eliminating duplicative reviews on individual contractors; however, each agency may make reviews at any time notwithstanding the cited agreement. 7-26-96 FHWA-1273 Supplement Page 1 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 1137S are set forth in Required Contract Provisions (Form FHWA-1273 and Supplements) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal- Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. The initial measure of the contractor's good faith efforts to comply with these Special Provisions shall be its efforts to meet the goals set forth in the 'Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)' for minority and female participation expressed in percentage terms for the contractor's work force in each trade on this project. b. The contractor will work with the sponsor and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection I of the Federal- Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, age, disability, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, disability, or national origin. Such action shall include: 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, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to the sponsor contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: 7-26-96 FHWA-1273 Supplement Page 2 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the contractor's procedures for locating and hiring minority and female employees. b. In order to make the contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1) Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment, and potential employees. (2) The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment a. When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer.' All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority and female applicants, including, but not limited to, State employment agencies, schools. colleges, and minority group organizations. To meet this requirement, the contractor will, through his EEO Officer, identify sources of potential minority and female employees, and establish with such identified sources procedures whereby minority and female applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority and female applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In, addition, information and procedures with regard to referring minority and female applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, 7-26-96 FHWA-1273 Supplement Page 3 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) color, religion, sex, age, disability, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training, In the event the Optional Training Special Provision is provided under this contract, this subparagraph will be superseded by that Special Provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the union and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below, a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, age, disability, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union, except that to the extent such information is within the exclusive ion of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the sponsor and shall set forth what efforts have been made to obtain such information. 7-26-96 FHWA-1273 Supplement Page 4 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, age, disability, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the sponsor. 9. Subcontracting. a. The contractor's attention is called to the Special Provision on Disadvantaged Business Enterprises in Federal-Aid Highway Construction. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The contractor will keep such records as are necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) the number of minority and non- minority group members and women employed in each work classification on the project, (2) the progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force), (3) the progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) the progress and efforts being made in securing the services of Disadvantaged Business Enterprises or subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the sponsor and the Federal Highway Administration. c. The contractors will submit an annual report to the State Highway agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. Ibis information is to be reported on Form PR 1391. 11. Corrective Action Plans. The contractor understands that a designated representative of the sponsor will periodically review compliance by the contractor with all contractual provisions incorporated pursuant to Executive Order 11246, as amended, and Federal Highway Administration Equal Employment Opportunity Special Provisions implementing the Federal-Aid Highway Act of 1968, where applicable. In the event that the designated representative of the sponsor finds that the contractor has failed to comply with any of the aforementioned contractual provisions, he will notify the contractor of this finding in writing A declaration of default will result in the suspension of all future payments. No declaration of default will be made if the sponsor and the contractor formally agree to enter into a corrective action plan setting out the specified steps and timetables the contractor will be contractually obligated to perform in order to re-establish his 7-26-96 FHWA-1273 Supplement Page 5 of 5 FHWA-1273 SUPPLEMENTAL SPECIFICATION SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 U.S.C. 140) compliance. 'Ibis collective action plan, in order to be accepted by the sponsor, shall include the following mandatory enforcement language: “If, at any time in the future, the Office of Federal Contract Compliance Programs or the Federal Highway Administration or the Arkansas State Highway Commission or their successor(s) believe that (name of contractor) has violated any portion of this agreement, (name of contractor) shall be promptly notified of the fact in writing. This notification shall include a statement of the facts and circumstances relied upon in forming that belief. In addition, the notification shall provide (name of contractor) with 15 days to respond in writing to the notification except where the Office of Federal Contract Compliance Programs, the Federal Highway Administration or the Arkansas State Highway Commission alleges that such delay would result in irreparable injury. It is understood that enforcement proceedings for violation of this agreement may be initiated at any time after the 15- day period has elapsed (or sooner if irreparable injury is alleged) without issuance of a show cause notice.” “It is recognized that where the Office of Federal Contract Compliance Programs and/or the Federal Highway Administration and/or the Arkansas State Highway Commission believes that (name of contractor) has breached this agreement, evidence regarding the entire scope of (name of contractor) alleged noncompliance from which this agreement resulted, in addition to evidence regarding (name of contractor) alleged violation of this agreement, may be introduced at the enforcement proceeding.” “Violation of this agreement may subject (name of contractor) to sanctions pursuant to the Arkansas State Highway Commission contract administration procedures. It is further recognized that liability for violation of this agreement may also subject (name of contractor) to sanctions set forth in Section 209 of Executive Order 11246, as amended, and/or appropriate relief.” The contractor will submit quarterly reports to the sponsor as a result of any deficiencies cited during an equal employment opportunity compliance review. The reports will indicate the affirmative action steps taken to correct the deficiencies. Instructions for submission of the reports will be furnished by the Equal Employment Opportunity Section. 7-26-96 FHWA-1273 Supplement Page 1 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The 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 workforce in each trade on all construction work in covered area, are as follows: MINORITIES COUNTY Arkansas 16.4% Ashley 16.4% Baxter 3.3% Benton 3.3% Boone 3.3% Bradley 16.4% Calhoun 16.4% Carroll 3.3% Chicot 16.4% Clark 16.4% Clay 26.5% Cleburne 16.4% Cleveland 16.4% Columbia 20.2% Conway 16.4% Craighead 26.5% Crawford 5.6% Crittenden 32.3% Cross 26.5% Dallas 16.4% Desha 16.4% Drew 16.4% Faulkner 16.4% Franklin 6.6% Fulton 16.4% Garland 16.4% Grant 16.4% Greene 26.5% Hempstead 20.2% Hot Spring 16.4% Howard -20.2% Independence 16.4% Izard 16.4% Jackson 16.4% Jefferson 31.2% Johnson 16.4% Lafayette 20.2% Lawrence 26.5% Lee 26.5% Lincoln 16.4% Little River 19.7% Logan 6.6% Lonoke 16.4% Madison 3.3% Marion 3.3% Miller 19.7% Mississippi 26.5% Monroe 16.4% Montgomery 16.4% Nevada 20.2% Newton 3.3% Ouachita 16.4% Perry 16.4% Phillips 26.5% Pike 20.2% Poinsett 26.5% Polk 6.6% Pope. 16.4% Prairie 16.4% Pulaski 15.7% Randolph 26.5% Saline 15.7% Scott 6.6% Searcy 3.3% Sebastian 5.6% Sevier 20.2% Sharp 16.4% Stone 16.4% St. Francis 26.5% Union 16.4% Van Buren 16.4% Washington 3.3% White 16.4% Woodruff 16.4% Yell 16.4% FEMALES Statewide – 6.9% 7-26-96 FHWA-1273 Supplement Page 2 of 2 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 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 specifications 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 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 ten (10) working days of award of any construction subcontract 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 of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in the Notice, and in the contract resulting from this solicitation, the ‘covered area’ is as described in the Proposal Form for this project. 7-26-96 FHWA-1273 Supplement Page 1 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS 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 Contract Compliance Programs United States Department of Labor, or any person to whom 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 of 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 is 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 and 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 an approved Plan is individually required to comply with its obligations under the 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. 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 or 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 its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective 7-26-96 FHWA-1273 Supplement Page 2 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 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 nonworking 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. 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 Contractor, this shall be documented in the file with the reason therefor, along with whatever 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 meet 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 compiled under 7b above. f. Disseminate the Contractor's EEO 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 before the start of work and then not less often than once every six months; and by posting the company EEO policy on bulletin 7-26-96 FHWA-1273 Supplement Page 3 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) boards accessible to all employees at each location where construction work is performed. g. Review 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 on- site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site and then not less often than once every six months. 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 news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom 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 test 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 workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and 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 obligations 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 disadvantaged business enterprise 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 a contractor association, joint contractor-union, contractor community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of 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 7-26-96 FHWA-1273 Supplement Page 4 of 4 FHWA-1273 SUPPLEMENTAL SPECIFICATION EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 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 workforce 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 of 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 thou-h 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, national origin, age or disability. 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 Employment 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 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 Contractor fails to comply with the requirements of 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 in 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). 16. In addition to the reporting requirements set forth elsewhere in this contract, the contractor and the subcontractors holding subcontracts not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed employment data as contained under Form PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 1 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 1. Equal Employment Opportunity is the Law U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 2. “EEO is the Law” Poster Supplement U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 3. Company EEO Policy U. S. Department of Labor Contractor to Prepare: (prepared by the Contractor on the Company’s letterhead) (OFCCP) a. EEO policy statement. b. Notice encouraging employees to refer minority and female applicants for employment. c. Notice informing employees of an available training program and the entrance requirements. d. Complaint procedures e. Notice identifying company EEO officer by name, including address and telephone number where EEO officer can be located. f. Work environment statement. g. Certification of nonsegregated facilities *h. Notice to unions disseminating EEO commitments and responsibilities and requesting their *Union Contractors Only cooperation. 4. Current Wage Rates (PR-1273 Supplement) U. S. Department of Labor Contained in contract. Extra copies may be obtained or SS Revisions of PR-1273 for Off-System from Program Management Division – ARDOT Projects 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 2 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 5. “Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer (WH 1321) 6. “Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer (WH 1321 SPA) 7. Minimum Wage Rate (WH 1088) U. S. Department of Labor ARDOT Resident Engineer 8. “NOTICE” Federal Aid Projects U. S. Department of Transportation ARDOT Resident Engineer (PR-1022) (FHWA) 9. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer OSHA 3165 (OSHA) 10. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer OSHA 3167 (OSHA) 11. Emergency Phone Numbers of Doctors, Hospital and U. S. Department of Labor ARDOT Resident Engineer Ambulance near Job Site for referring injured employees. (OSHA) 12. WCC Form AR-P State of Arkansas Insurance Carrier Workers Compensation Notice and Instructions to Employers and Employees Self-Insurer State of Arkansas Administrator -Self-Insured Group 7/26/96 FHWA-1273 Supplement Rev. 2/11/98 Page 3 of 3 Rev. 2/20/03 Rev. 7/27/06 Rev. 10/24/06 Rev. 9/16/13 Rev. 8/22/17 FHWA-1273 SUPPLEMENTAL SPECIFICATION POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN 13. Log and Summary of Occupational Injuries and Illnesses U. S. Department of Labor ARDOT Resident Engineer (OSHA Form 300). (OSHA) The Summary portion must be posted from February 1 to Public Law 91-596 April 30, of the year following the year covered by the form. 14. Family and Medical Leave Act of 1993 U. S. Department of Labor ARDOT Resident Engineer (WH-1420) Employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. 15. Employee Polygraph Protection Act (WH-1462) U. S. Department of Labor ARDOT Resident Engineer 16. Your Rights Under USERRA (The Uniformed Services U. S. Department of Labor ARDOT Resident Engineer Employment and Reemployment Rights Act) 17. Arkansas Department of Labor Notice to Employer & Arkansas Department of Labor ARDOT Resident Engineer Employee 18. Pay Transparency Nondiscrimination Provision U.S. Department of Labor ARDOT Resident Engineer (OFCCP) 7-26-96 FHWA-1273 Supplement Page 1 of 1 FHWA-1273 SUPPLEMENTAL SPECIFICATION REVISIONS OF FHWA-1273 FOR OFF-SYSTEM PROJECTS All references to FHWA-1273 to minimum wage rates required by the Davis-Bacon Act are hereby deleted. Davis-Bacon minimum wage rates are not applicable to this contract. All other provisions of FHWA-1273 apply including the submittal of weekly payroll records. 12-02-2015 SS-100-3 10-02-2020 Rev. Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION CONTRACTOR’S LICENSE Section 102 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The third paragraph of Subsection 102.01, Prequalification of Bidders, is hereby deleted and the following substituted thereof: The attention of prospective bidders is directed to Ark. Code Ann. §17-25-101 et seq., Act 150 of the 1965 Acts of Arkansas, being an "Act Regulating the Practice of Contracting in the State of Arkansas", and any subsequent amendments made thereto. When the work offered is financed in whole with State funds and is estimated to cost $50,000 or more, the prospective bidder must show evidence of its license and evidence of registration or license of its subcontractors with the Contractors Licensing Board for the State of Arkansas before being furnished with a proposal form. The third paragraph of Subsection 108.01, Subletting of Contract, is hereby deleted and the following substituted thereof: It shall be the responsibility of the Contractor to determine that all parties performing work amounting to $50,000 or more are currently licensed or registered by the Contractors Licensing Board for the State of Arkansas. 02-27-20 SS-210-1 Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION UNCLASSIFIED EXCAVATION Section 200 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The following is hereby added after the first paragraph of Subsection 210.08, Excavation Operations: When performing excavation to construct cut slopes, the Contractor shall not excavate material below the finished slope grade. If excavation is performed more than 8 inches below the finished cut slope grade, overcut material shall be removed at no cost to the Department and replaced with clean durable stone. The stone source and gradation shall be approved by the engineer before placement. There shall be no payment for this work. 03-24-16 11-16-17 Rev. ss-303-1 Page 1 ofl ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION AGGREGATE BASE COURSE Section 303 of the Standard Specifications for Highway Construction, Edition 2014, is hereby amended as follows: The second paragraph of Subsection 303.020 Materials is hereby deleted and the following substituted therefor: The Contractor shall have the option of using any higher numbered class Aggregate Base Course than that specified, provided that payment will be for the class specified. Acceptance criteria shall be for the class specified. Different classes of Aggregate Base Course shall not be mixed in the same location. 12-06-18 SS-306-1 Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION QUALITY CONTROL AND ACCEPTANCE Division 300 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The first sentence of the third paragraph Subsection 306.03 Acceptance Testing is hereby deleted and the following substituted therefor: If the material being furnished is crushed stone the Department will furnish the PL, LL, and PI for the material, further tests for PL, LL, and PI are waived. 08/01/2024 SS-501-3 02/27/2025 Rev. Page 1 of 2 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION PORTLAND CEMENT CONCRETE PAVEMENT Division 500 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The first and second paragraph of Subsection 501.02(a), Cement, are hereby deleted and the following substituted therefor: (a) Cement. Portland cement, blended cement, fly ash, and slag cement shall be from sources that are listed on the Department’s Qualified Products List (QPL) in Division 500 and that have executed a certification agreement with the Department. The first and second sentence of the third paragraph of Subsection 501.02(a), Cement, are hereby deleted and the following substituted therefor: The total alkalis in the Portland cement or blended cement (Na2O + 0.658 K2O) shall not exceed 0.60%. The total alkali content in the cementitious material shall not exceed 5 lb/cu yd (2.4 kg/cu m). The fifth paragraph of Subsection 501.02(b), Fine Aggregate, is hereby deleted. The sixth paragraph of Subsection 501.02(c), Coarse Aggregate, is hereby deleted. Subsection 501.02(f), Cement Replacements, (1) Fly Ash, is hereby deleted and the following substituted therefor: (1) Fly Ash. Fly ash for use with Portland cement or blended cement shall comply with the requirements of AASHTO M 295, Class C or Class F. Mixing of Class C or Class F fly ashes will not be permitted. The sixth through thirteenth paragraphs of Subsection 501.03 Mix Design. (a), General, are hereby deleted and the following substituted therefor: Fly ash may be used as a partial replacement for Portland or blended cement, not exceeding 25% by weight. Substitution shall be made at the rate of one pound (kilogram) of fly ash for each pound (kilogram) of cement replaced. Fly ash will not be allowed as a substitute for high early strength cements. Slag cement may be used as a partial replacement for Portland or blended cement, not exceeding 25% by weight. Substitution shall be made at a rate of one kilogram (pound) of slag cement for each pound (kilogram) of cement replaced. Slag cement will not be allowed as a substitute for high early strength cements. Ternary mixes (cement, fly ash, and slag cement) are not allowed. The minimum 28-day compressive strength shall be 4000 psi (28.0 MPa) when tested according to AASHTO T 22. Test specimens will be made and cured according to AASHTO T 23 or T 126 as applicable. The mixed concrete shall a have a uniform consistency with a slump, as determined by AASHTO T 119, not exceeding the tolerances as listed on the mix design. All admixtures shall comply with Subsection 501.02(e). 08/01/2024 SS-501-3 02/27/2025 Rev. Page 2 of 2 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION PORTLAND CEMENT CONCRETE PAVEMENT Fine and coarse aggregate shall be added only in such proportion that satisfactory plasticity, workability, and consistency of the mix are maintained, with the further provision that the ratio of the fine aggregate to cement, based on dry and rodded measure, shall be not less than 1.5 nor more than 2.5. The specified water/cement ratio shall not be exceeded, and the minimum compressive strength shall be met. A minimum of 15 working days prior to the commencement of paving operations, the contractor shall submit to the Engineer of Materials for review and approval the following: • Certification for the low alkali cement proposed for use OR the results of fine and coarse aggregates Potential Alkali Reactivity test (AASHTO T 303) in accordance with Options 1 or 2 of Subsection 501.02. • A Job Mix Formula (JMF) that contains sources of all aggregates proposed for use, a composite gradation of all aggregates, and proportions of each aggregate. Individual gradations of each aggregate shall be included. The JMF may only be changed upon written approval of the Engineer. Composite gradations will be calculated using ARDOT Test Method 558. • A completed ARDOT Concrete Mix Design Submittal form. This form is located on the Materials Division website for download. The last sentence of the third paragraph of Subsection 501.05(c), Measuring Materials, (1) General, is hereby deleted and the following substituted therefor: The load ticket shall show the following information: 1. Unique ticket number. 2. Identification of the truck. 3. Date and time of batching. 4. Total weights and/or volumes of each component. 5. Total volume of mix. 6. Total quantity of water added after batching. 7. Time of discharge. 8. ARDOT Mix Design ID The first sentence of Subsection 501.08, High Early Strength Concrete Pavement, is hereby deleted and the following substituted therefor: Cement used in High Early Strength Concrete shall conform to AASHTO M 85, Type III, AASHTO M 240, Table 3, or a Rapid Hardening Hydraulic Cement in compliance with ASTM C1600. 04-27-18 SS-633-1 03-12-19 (Rev.) Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION CONCRETE WALKS, CONCRETE STEPS, AND HAND RAILING Division 600, INCIDENTAL CONSTRUCTION, of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: Section 633, Concrete Walks, Concrete Steps, and Hand Railing, is hereby modified as follows: Subsection 633.02(E) Expansion Joints is hereby deleted and the following substituted therefor: A space not less than ½” (12mm) wide shall be left between the sidewalks and adjacent structures. This space shall be filled with approved joint filler complying with AASHTO M 213 or a Semi-Rigid Closed-Cell Polypropylene Foam, Preformed Expansion joint filler that meets ASTM D8139. Materials meeting ASTM D8139 shall be accepted on the basis of the manufacturer’s certification in accordance with these specifications and acceptable performance on the project. No space or joint filler is required between the sides of the walks and adjacent curbs. Transverse expansion joints shall be placed at a maximum interval of 45’ (13.7m). Transverse joints shall be constructed using approved joint filler complying with AASHTO M 213 or a Semi-Rigid Closed-Cell Polypropylene Foam, Preformed Expansion joint filler that meets ASTM D8139. Materials meeting ASTM D8139 shall be accepted on the basis of the manufacturer’s certification in accordance with these specifications and acceptable performance on the project. 09-13-18 SS-800-1 Page 1 of 4 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION STRUCTURES Sections 802, 805, 807, 809 and 817 of the Standard Specifications for Highway Construction, Edition of 2014, are hereby amended as follows: The fifth sentence of the ninth paragraph 802.14(b), Permanent Steel Deck Forms, is hereby deleted and the following is substituted therefor: (b) However, welding of form supports to flanges of steels other than ASTM A709, Grade 36 (250), 50 (345), or 50W (345W) of a weldable grade, and to those portions of a flange subject to tensile stresses will not be permitted except as provided for in the plans. Welding shall be accomplished by certified welders and according to Subsection 807.26 except that 1/8" (3mm) fillet welds will be permitted. Subsection 805.03(c) is hereby deleted and the following is substituted therefor: (c) Unless otherwise specified, steel piles shall consist of structural shapes of the section shown on the plans and shall comply with ASTM A709, Grade 36 (250). Subsection 807.05, Structural Steel, is hereby deleted and the following substituted therefor: Unless otherwise specified, structural steel shall conform to the requirements of Structural Steel for Bridges, ASTM A709, except that the Charpy V-Notch Impact test requirements shall apply only to materials designated on the contract drawings as main load carrying member components. When Charpy V-Notch tests are required, the test results shall conform to the requirements specified for Zone 1 minimum service temperature. Grade 36 (250) shall be furnished unless otherwise specified. Steel shall be furnished according to the following specifications: (a) Carbon Steel. Unless otherwise specified, structural carbon steel for bolted or welded construction shall conform to ASTM A709, Grade 36 (250). Fill or shim plates ¼" (6mm) or less in thickness used in high strength bolted connections may be ASTM A1011, SS, Grade 36 (250), Type 2, Grade 40 (275), Grade 50 (340), or Grade 55 (380) or ASTM A 1011 HSLAS, Grade 50 (340), Class 1 or Grade 55 (380), Class 1. (b) High Strength Low-Alloy Structural Steel. High strength low alloy structural steel shall conform to ASTM A709, Grades 50 (345) or 50W (345W). Fill or shim plates ¼" (6mm) or less in thickness used in high strength bolted connections of painted bridges may be ASTM A 1011, SS, Grade 50 (340), or Grade 55 (380) or ASTM A 1011 HSLAS, Grade 50 (340), Class 1 or Grade 55 (380), Class 1. Fill or shim plates ¼" (6mm) or less in thickness used in high strength bolted connections of unpainted weathering steel may be ASTM A 606, Type 4. 09-13-18 SS-800-1 Page 2 of 4 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION STRUCTURES (c) High-Yield-Strength, Quenched and Tempered Alloy Steel Plate. High yield strength, quenched and tempered alloy steel plate shall conform to ASTM A514, Grade 100 (690). Quenched and tempered alloy steel structural shapes and seamless mechanical tubing shall meet all of the mechanical and chemical requirements of ASTM A514, Grade 100 (690), except that the specified maximum tensile strength may be 145,000 psi (1000 MPa) for seamless mechanical tubing. (d) Structural Steel for Eyebars. Steel for eyebars shall be of a weldable quality conforming to ASTM A709, Grade 36 (250), Grade 50 (345), or Grade 50W (345W). Subsection 807.06, High Strength Bolts, Nuts, and Washers for Structural Steel Connections, is hereby deleted and the following is substituted therefor: (a) Specifications. High strength bolts shall be heavy hex and shall conform to the requirements of ASTM F3125, Grade A325, Heavy Hex, except as modified herein. Type 1 bolts shall be provided when used with painted structural steel or when galvanized bolts are specified. Type 3 bolts shall be provided when used with unpainted weathering structural steel. The maximum hardness of high strength bolts shall be 33 Hardness Rockwell C. Nuts shall be heavy hex and shall conform to the requirements of ASTM A563 or AASHTO M 292. Nuts for plain, uncoated Type 1 bolts shall be Grade 2H, Grade DH or DH3. Nuts for Type 3 bolts shall be Grade DH3. Nuts for galvanized bolts shall be Grade 2H or Grade DH. When galvanized nuts are furnished, the zinc coating, overtapping, lubrication, and proof loading shall be in accordance with ASTM A563. Washers shall conform to the requirements of ASTM F436. Where necessary, washers may be clipped on one side to a point not closer than 7/8 of the bolt diameter from the center of the washer. Beveled washers shall be used in the flanges of American Standard beams and channels. Weathering steel washers shall be used with Type 3 bolts. When galvanized bolt assemblies are specified, the bolts, nuts, and washers shall be galvanized according to AASHTO M 232, Class C, or ASTM B695, Class 50. All components in a fastener assembly shall be galvanized by the same process. Galvanized nuts shall be provided with a lubricant that is clean and dry to the touch. The lubricant shall contain a visible dye so that a visual check can be made for the lubricant at the time of field installation. Plain, uncoated bolts, nuts, and washers must be "oily" to the touch when installed. (b) Required Tests. High strength fasteners, plain and galvanized, shall be subjected to a rotational capacity test according to ASTM F3125 Annex A2, and shall meet the following requirements: 09-13-18 SS-800-1 Page 3 of 4 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION STRUCTURES 1. Go through two times the required number of turns (from snug tight conditions) indicated in Table 807-1, in a Skidmore-Wilhelm Calibrator or equivalent tension measuring device, without stripping or failure. 2. During this test, the maximum recorded tension shall be equal to or greater than 1.15 times the Minimum Bolt Tension as shown in Table 807-3. 3. The measured torque needed to produce the Minimum Bolt Tension shall not exceed the value obtained by the following equation: Torque = 0.25 *P *D where: Torque = Maximum Measured Torque (Foot-pounds [newton meter]) P = Measured Bolt Tension (pounds [kilonewtons]) D = Nominal Diameter (Feet [mm]) Proof load tests according to ASTM F606M (F606) Method 1 are required for the bolts. Wedge tests of full size bolts are required according to Section 10 of ASTM F3125. Galvanized bolts shall be wedge tested after galvanizing. Proof load tests according to ASTM A563 are required for the nuts. The proof load tests for nuts to be used with galvanized bolts shall be performed after galvanizing, overtapping, and lubricating. The Engineer shall be furnished with a manufacturer’s certification for all high strength bolts, nuts, and washers used on the project. This certification shall provide a lot number, shop order number, or other identification such that the heat number from which the items were made can be traced. This identifying number shall also appear on the sealed shipping containers. The certification shall indicate when and where all testing was done, including the rotational capacity tests, and shall include the zinc thickness when galvanized bolts, nuts, and washers are used. Item (1) of Subsection 807.26(b), Modification of Structural Welding Code, is hereby deleted and the following is substituted therefor: (1) Subparagraph 1.3.4 is modified to include: Electroslag welding shall not be used as a welding process on bridge structures. The first paragraph of Subsection 807.71, High Strength Bolt Connections, is hereby deleted and the following is substituted therefor: (a) General. High strength bolts meeting the requirements of ASTM F3125, Grade A325, Heavy Hex, including Annex A2, shall be furnished unless otherwise specified. Subsection 807.77, Materials (a) Inorganic Zinc-Rich Primer, is hereby deleted and the following is substituted therefor: 09-13-18 SS-800-1 Page 4 of 4 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION STRUCTURES (a) Inorganic Zinc-Rich Primer. The prime coat shall be an inorganic zinc-rich paint complying with the requirements of AASHTO M 300 for Type 1 or Type II. The paint shall qualify for a Class A classification (slip coefficient of 0.33 or greater) when tested according to "Testing Methods to Determine the Slip Coefficient for Coatings used in Bolted Joints", in Appendix A of Specification for Structural Joints Using High-Strength Bolts as published by the Research Council on Structural Connections. The first paragraph of Subsection 809.02(b), Armored Joint with Neoprene Strip Seal, is hereby deleted and the following is substituted therefor: (b) Armored Joint with Neoprene Strip Seal. The armored joint shall consist of steel extrusions with neoprene strip seal. Steel extrusions shall conform to the requirements of ASTM A709, Grade 50W, or as specified. Subsection 817.02(b), Steel Items, is hereby deleted and the following is substituted therefor: (b) Steel Items. Bars, plates, and structural shapes shall be of steel conforming to the requirements of ASTM A709, Grade 36 (250), except that Charpy V-Notch Impact tests are not required. 10-25-18 SS-802-3 Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION CONCRETE FOR STRUCTURES Section 802 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The fourth paragraph of Subsection 802.19(b)(1), Class 1, Ordinary Surface Finish, is hereby deleted and the following is substituted therefor: The tops of caps shall be properly finished with a steel trowel to a smooth finish at the plan elevation and shall not be deformed, recessed, or irregular. Any misalignment in the area of the bridge seat shall be corrected to form a level surface. All corrective action (including changes to the finished elevation of the concrete surface) greater than 1/8” (3 mm) must be submitted to the Engineer for review and approval. 08/01/2024 SS-802-5 02/27/2025 Rev. Page 1 of 2 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION CONCRETE FOR STRUCTURES Division 800 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The first and second paragraph of Subsection 802.02(a), Cement, are hereby deleted and the following substituted therefor: (a) Cement. Portland cement, blended cement, fly ash, and slag cement shall be from sources that are listed on the Department’s Qualified Products List (QPL) in Division 500 and that have executed a certification agreement with the Department. The first and second sentence of the third paragraph of Subsection 802.02(a), Cement, are hereby deleted and the following substituted therefor: The total alkalis in the Portland or blended cement (Na2O + 0.658 K2O) shall not exceed 0.60%. The total alkalis in the cementitious material shall not exceed 5 lbs./cu yd (2.4 kg/cu m). The sixth paragraph of Subsection 802.02(b), Fine Aggregate, is hereby deleted. The sixth paragraph of Subsection 802.02(c), Coarse Aggregate, is hereby deleted. Subsection 802.02(e), Admixtures, is hereby deleted and the following substituted therefor: (e) Admixtures. Admixtures shall be from sources that are listed on the Department’s QPL in Division 500. Admixtures will be reviewed and approved during the mix design submittal. Admixtures shall be compatible with each other, as advised by the manufacturer. The admixture dosage rate range as recommended by the manufacturer shall be used. Should the dosage rate for any admixture not yield desirable characteristics in the concrete, the dosage of admixture used shall be based on test results obtained by trial batches. Admixtures shall be added to the mixing water by means of a mechanical dispenser that will accurately meter the additive throughout the mix water cycle. The dispenser shall be constructed and connected so that the amount of admixture entering the mixing water can be readily determined. Subsection 802.05(b), Mix Design by the Contractor, is hereby deleted and the following substituted therefor: (b) Mix Design by the Contractor. The proportions to be used in the mix for each class shall be determined by the Contractor using the absolute volume method. The Contractor may use the procedure provided in the ACI Standard 211.1 or Portland Cement Association “Design and Control of Concrete Mixtures”, modified to comply with the minimum compressive strength and maximum water/cement ratio specified for the class of concrete. A minimum of 15 business days prior to the start of production of the concrete mixture, the Contractor shall submit test results and/or certifications for all materials and detailed mix design data to the Engineer of Materials for review and approval. The ARDOT Concrete Mix Design Submittal form is available for download on the Materials Division website and shall be used. The Department will assign a Mix Design ID, and it shall be included on the delivery ticket. 08/01/2024 SS-802-5 02/27/2025 Rev. Page 2 of 2 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION CONCRETE FOR STRUCTURES The Contractor will submit slump ranges during the mix design process. The Engineer of Materials will determine the allowable tolerances for slump during review of the mix design. The mixed concrete shall a have a uniform consistency with a slump, as determined by AASHTO T 119, not exceeding the tolerances as listed on the mix design. Acceptance of the mix design by the Engineer will be based on apparent conformity to the requirements shown in Table 802-1 and listed herein. If the mix design fails to produce acceptable results or if there is a change in the aggregates, fly ash, or cement being used, a new mix design will be required. It shall remain the Contractor’s responsibility during production to produce concrete conforming to the mix design and the minimum acceptance criteria specified. When requested by the Engineer, the Contractor shall submit samples of all materials for verification testing. Production shall not begin until the mix design is accepted by the Engineer. A mix design submitted for acceptance need not be prepared specifically for this project but may be a previously accepted design that uses the same materials and meets the same design criteria. Mix designs accepted under this section will become the property of the Department and may be accepted for use on other projects, by other contractors, or by the Department. In Table 802-1, Slump Range for all classes of concrete are hereby deleted. The first paragraph of Subsection 802.05(d), Fly Ash, is hereby deleted and the following substituted therefor: Fly ash may be used as a partial replacement for Portland or blended cement, not exceeding 25% by weight. Substitution shall be made at the rate of one pound (kilogram) of fly ash for each pound (kilogram) of cement replaced, in all classes of concrete except Class B. Substitution shall be made at the rate of one pound (kilogram) of fly ash for each pound (kilogram) of cement replaced. The water/cement ratio shall be calculated using the total weight of both cement and fly ash. Fly ash in Class B concrete shall meet the requirements specified in Subsection 802.05(c) and listed herein. Mixtures with fly ash shall meet the same requirements as mixtures without fly ash. Fly ash will not be allowed as a substitute in high early strength mixes. When fly ash is used, the total weight of both cement and fly ash will be used in design calculations. 04-11-19 SS-804-2 Page 1 of 1 ARKANSAS DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL SPECIFICATION REINFORCING STEEL FOR STRUCTURES Section 804 of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: Subsection 804.02 Materials (b) Wire and Wire Fabric is hereby deleted and the following is substituted therefor: (b) Wire and Welded Wire Reinforcement. Wire, when used as reinforcement in concrete, shall conform to the requirements of AASHTO M 336. For plain wire, Grade 70 shall be furnished unless otherwise specified. Welded wire reinforcement, when used as reinforcement in concrete, shall conform to the requirements of AASHTO M 336. For welded wire reinforcement, Grade 65 shall be furnished unless otherwise specified. The type of welded wire reinforcement shall be approved by the Engineer. 11-10-2022 Page 1 of 3 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL BUY AMERICA - CONSTRUCTION MATERIALS Description: Section 106, Control of Material, of the Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The following is added as Subsection 106.01(c) Construction Materials Buy America – Construction Materials. (1) General. The Bipartisan Infrastructure Law (BIL) was enacted on November 15, 2021 (BIL Build America, Buy America Act Publication L. No. 117-58). This provision expands the Buy America requirements beyond what was only required for steel and iron products. The steel and iron provisions have not changed with the new law. Buy America requirements are in effect only on Federal-Aid contracts and all construction materials shall be produced/manufactured in the United States. Items specifically excluded from this requirement are cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives (including asphalt binders). All other materials permanently incorporated into the project will be subject to Buy America requirements. (2) Definitions. A construction material includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cable); • glass (including optic glass); • lumber; or • drywall. Items manufactured through a combination of either two or more materials listed above, or at least one of the materials listed above and a material not listed shall be considered as a manufactured product, rather than as a construction material. Build America, Buy America provisions specified for manufactured products in Section 70912(6)(B) of the Infrastructure Investment and Job Act (IIJA) do not apply to federal-aid construction projects per FHWA’s existing statutory requirement applicable to manufactured products. A “manufactured product” is considered to be an item that undergoes one or more manufacturing processes before the item can be used on a construction project. All construction materials shall be produced in the United States. This means all manufacturing processes to produce the construction materials shall occur in the United States. All manufacturing processes for construction materials shall mean the final manufacturing process and the immediately preceding manufacturing stage for the construction material. (3) Compliance. The Contractor shall ensure that all manufacturing processes for each covered product comply with this Buy America Provision. Non-conforming products shall be replaced at no expense to the Department. It is the contractor’s responsibility to assure all submittals required for Buy America are submitted to the Engineer prior to the products and or materials being incorporated into the project. Buy America requirements do not apply to temporary elements not permanently incorporated into a project. This includes falsework, temporary sheet piling, detour bridges, temporary elements left in place at the contractor’s convenience, unless the contract plans and specifications require steel or iron components or imply that the item be left in place, or items that are simply moved from one place to another within the same project. Buy America only applies to construction 11-10-2022 Page 2 of 3 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL BUY AMERICA - CONSTRUCTION MATERIALS materials that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, removed at or before completion of the project. (4). Certification. The contractor shall provide a certification from the supplier for each construction material, stating that it meets the provisions of this specification or the Build America/Buy America act, prior to incorporating any construction material into the project. The supplier certifying may be the original manufacturer, fabricator, or vendor provided the supplier has sufficient control and knowledge of the manufacturing process to accept responsibility and certify full and complete conformance with the certification. (5). Examples of Pay Items Affected. The following are items from the Standard Specifications that must meet the requirements of this specification. This list is provided for bidders’ information and is not to be considered as all-inclusive as other items covered by the standard specifications, supplemental specifications, and special provisions may also fall under these requirements: Non-Ferrous Metals Item Specification Section Aluminum Pipe Culverts 606 Aluminum Chain Link Fence 619 Aluminum Gates 619 Mailboxes 637 Electrical Conductors 700, 708 Ground Rods 701, 712, 714, 715 Loop Wiring 704 Feeder Wire 704 Traffic Signal Cable 708 Sign Supports 724, 730 Sign Panels 723, 725, 726, 727, 728 Video Cable 733 Metal Bridge Railing 806 Bridge Name Plates 812 Plastic/Polymer Based Products Item Specification Section Polyethylene Pipe Culverts 606 PVC Pipe Culverts 606 RC Pipe Culvert Gaskets 606 Drop Inlet Steps 609, 610, 640 ABS or Polyethylene Pipe for Underdrains 611 PVC Pipe for Underdrain Laterals 611 Filter Fabrics 611, 625, 629, 816 Geotextile Fabrics 625 Tactile Panels for Wheelchair Ramps 641 Non-Metallic Conduit (PE & PVC) 710 Sand Barrels/Lids for Impact Attenuation Barriers 731 11-10-2022 Page 3 of 3 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL BUY AMERICA - CONSTRUCTION MATERIALS Glass Item Specification Section Glass Beads (drop on application) 718, 719 Fiber Optic Cable Job SP Windows in Building Construction Job SP Lumber Item Specification Section Wood Guard Rail Posts 617, 639 Wood Block Outs for Guardrail 617,639 Wood Posts for Guard Cable 618 Fence Posts and Braces (Type A, B, C and D) 619 Mailbox Supports 637 Treated Wood Poles 716 Treated Lumber 817 Treated Bridge Timbers 817 Timber Piling 818 Framing Lumber, Plywood, Trim Lumber in Building Construction Job SP Drywall Item Specification Section Drywall in Building Construction Job SP 01-06-2016 11-16-2017 Rev. 12-06-2018 Rev. Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL CARGO PREFERENCE ACT REQUIREMENTS The requirements of the Cargo Preference Act (CPA) and implementing regulations (46 CFR 381.7(a)-(b)) are applicable to this contract. For additional information, see the FHWA’s web page: https://www.fhwa.dot.gov/construction/cqit/cargo.cfm 06-27-2013 11-16-2017 Rev. Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL CAVE DISCOVERY DESCRIPTION: This Special Provision shall be supplemental to Section 107.10 of the Standard Specifications, 2014 Edition, and concerns the procedure to be followed upon discovery of a cave. CONSTRUCTION METHODS: In the event the construction operations encounter any indications that a cave has been discovered, the Contractor shall notify the Engineer immediately of the location, and work will be discontinued in the area. If any opening into a cave is discovered, access shall be denied and the area secured to prevent unauthorized entry. The Environmental Division shall be contacted for a determination of the proper procedures to be followed. 11-12-24 SP JOB 040922 Page 1 of 2 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL CRUSHED LIMESTONE TRAIL 1.0 GENERAL This Special Provision hereby is an addition to any requirements in the Arkansas State Highway and Transportation Department Standard Specifications for Construction, 2014 Edition. This item shall consist of the construction of a crushed limestone trail in accordance with these specifications and at the locations shown on the plans and as specified in the trail details. 2.0 MATERIALS OF CONSTRUCTION 2.1 Crushed limestone Limestone shall be crushed and screened to a 1/4 in. minus size in accordance with AASHTO T11-82 and T27-82. A crushed limestone material sample shall be submitted and approved by the Engineer and the City of Fayetteville – Parks and Recreation Department prior to construction. 2.2 Metal Edging Metal edging shall be 4 in. (11-gauge minimum thickness), hot rolled, standard flexible carbon steel in compliance with ASTM A 621 including stakes designed specifically to anchor metal edging in place and made by the manufacturer of the metal edging for which they will be used. Manufacturer’s literature along with a sample 3 in. section of specified size and finish shall be submitted and approved by the Engineer and the City of Fayetteville – Parks and Recreation Department prior to construction. 3.0 CONSTRUCTION REQUIREMENTS Crushed limestone trail shall be constructed in accordance with these specifications and at the locations shown on the plans and as specified in the trail details. Before compaction, crushed limestone shall be watered at a gentle rate which will dampen and thoroughly moisten the entire surface of the trail to drive surface fines into voids. The equipment and methods used shall be such that the application of water will not cause erosion, washing away of fines, or excessive movement of the in-place material. Water may be added during compaction, if needed. The metal edging portion of the crushed limestone trail shall be installed in accordance with the manufacturer’s specifications at the locations shown on the plans and as specified in the trail details. 11-12-24 SP JOB 040922 Page 2 of 2 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL CRUSHED LIMESTONE TRAIL 4.0 METHOD OF MEASUREMENT Crushed limestone trails will be measured by the square yard (square meter). 5.0 BASIS OF PAYMENT Work completed and accepted and measured as provided above will be paid for at the contract unit price bid per square yard (square meter) for Crushed Limestone Trail, which price shall be full compensation for excavation and backfilling; for furnishing materials including metal edging; for constructing the crushed limestone trail; for watering before and during compaction; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Pay Item Pay Unit Crushed Limestone Trail Square Yard (Square Meter) 10-30-2024 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL EXCAVATION SAFETY SYSTEMS DESCRIPTION: This Special Provision covers trench and excavation safety system required for constructing improvements that necessitate open excavations on the project. All work under this item shall be in accordance with the current edition of the "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart "P", a copy of which may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. NOTIFICATIONS REQUIRED: The Contractor, prior to beginning any excavation, shall notify the State Department of Labor (Safety Division) that work is commencing on a project with excavations greater than five feet in depth. The Contractor shall notify all Utility Companies and Owners in accordance with OSHA Administration 29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground installations. EXISTING STRUCTURES AND UTILITIES: Where the trench or excavation endangers the stability of a building, wall, street, highway, utilities or other installation, the Contractor shall provide support systems such as shoring, bracing, or underpinning to ensure the stability of such structure or utility. The Contractor may elect to remove and replace or relocate such structures or utilities with the written approval of the owner of the structure or utility and the Project Owner. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: The work required by this item will be paid for at the lump sum price bid for "Trench and Excavation Safety Systems". After award of the contract, the Contractor shall submit to the Engineer a breakdown of cost for work involved in the lump sum price bid for "Trench and Excavation Safety Systems" and shall, with each periodic payment request, submit a certification by the Contractor's "competent person" as defined in Subpart "P" 1926.650(b) that the Contractor has complied with the provisions of "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System", 29 CFR 1926 Subpart P for work for which payment is requested. Payment will be made under: Pay Item Pay Unit Excavation Safety Systems Lump Sum 10-28-2024 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL INSURANCE AND BONDS Section 601 of the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The following sentence is added at the end of the second paragraph of Subsection 601.01: It shall also include costs associated with insurance and bonding requirements as described in the bid package “General Terms and Conditions” and “Instructions to Bidders.” 10-01-24 SP JOB 040922 Page 1 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 1.0 GENERAL 1.1 Scope This Special Provision hereby is an addition to any requirements in the Arkansas State Highway and Transportation Department Standard Specifications for Construction, 2014 Edition. This Special Provision is for a fully engineered half through truss (no overhead bracing) bridge of steel construction and shall be regarded as minimum standards for design and fabrication. The work included under this item shall consist of design, fabricating, finishing, transporting, and installing the steel truss bridge superstructure including bearing, bridge deck, and appurtenances. 1.2 Definitions • Owner: City of Fayetteville, Arkansas. Entity who ultimately will own the bridge. • Engineer: Michael Baker International. Engineering Entity or Firm who will be representing the Owner. • Contractor: Entity who will be installing, and/or purchasing, the bridge. • Geotechnical Engineer. McClelland Consulting Engineers. Engineering Entity or Firm who will be responsible for providing the Geotechnical information necessary to design the foundation system. • Bridge Manufacturer: Firm who will be designing and supplying the bridge in accordance with these Special Provisions. 1.3 Qualified Bridge Manufacturer Each Contractor is required to identify their intended prefabricated steel truss bridge supplier as part of the bid submittal. Qualified Bridge Manufacturers must have at least 5 years of experience fabricating these types of structures and shall have an up to date quality certification by AISC per Section 14.1 of these specifications. All suppliers shall fabricate their product utilizing a modern fabrication facility owned and operated by the Bridge Manufacturer. Information on the intended Bridge Manufacturer must be submitted in a written request to the Engineer at least 10 days prior to the bid. The following information shall be provided in the written request: • Bridge Manufacturer’s Product Literature, • Name and resume of Bridge Manufacturer’s design professional who will be signing and sealing the engineering submittals, • Copy of current AISC certification, • Representative copies of detailed drawings, field procedures, calculations, quality control manual, welder’s certifications, proof of in-house C.W.I., • Listing of similar projects including owner, location, size, year of fabrication, 10-01-24 SP JOB 040922 Page 2 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE contact person, • Certification by the Bridge Manufacturer’s Design Professional that the bridge proposed will be in accordance with all project development done up to the date of these specifications. The above will be evaluated by the Engineer for accuracy and ability to provide the bridge in accordance with these specifications. Bridge Manufacturers may only be used if the Engineer provides written approval prior to the bid. The Engineer’s ruling shall be final. 1.4 Bridge Manufacturer’s Design Professional and Submittals The Bridge Manufacturer shall have as a direct employee, an engineer who is experienced in bridge design to be in responsible charge of all engineering related tasks and design. The engineer shall have a minimum of 10 years of experience in bridge design and be a currently licensed civil or structural Professional Engineer in the State of Arkansas and shall be the engineer who will seal and sign the plans. Engineering drawings, 11x17 format, shall be prepared and submitted to the Contractor, Owner, and Engineer for their review prior to fabrication. Submittal drawings shall be unique drawings, prepared to illustrate the specific portion of the bridge being fabricated. All relative design information such as member size, ASTM/AASHTO material specification, dimensions necessary to fabricate and required welding shall be clearly shown on the drawings. Drawings shall have referenced details and sheet numbers. All drawings shall be stamped, signed and dated by the Bridge Manufacturer’s Design Professional. Structural calculations for the design of the bridge superstructure shall be prepared by the Bridge Manufacturer and submitted for review to the Contractor and Engineer after receipt of the order. Calculations shall include complete design, analysis and code checks for the controlling truss members, connectivity and support conditions, truss stability checks, deck design, deflection checks, bearings, anchor bolts, and all splices. 2.0 APPLICABLE CODES AND STANDARDS 2.1 Governing Specifications Bridge shall be designed in compliance with the AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, 2009 (AASHTO Ped). Calculations shall be in accordance with AASHTO Ped and this Special Provision, and formulas shall reference the appropriate sections. 2.2 Other Reference Codes, Specifications and Standards • AASHTO LRFD Bridge Design Specifications, 9th Edition, 2020 (AASHTO LRFD) 10-01-24 SP JOB 040922 Page 3 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE • AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, First Edition, 2005 (AASHTO Signs) • AISC Steel Construction Manual, 15th Edition, 2017 (AISC) • ANSI/AISC 360-16 Specification for Structural Steel Buildings, 2016 (AISC 360) • American Welding Society, Structural Welding Code, D1.1, 2015 (AWS D1.1) • American Welding Society, Bridge Welding Code, D1.5, 2015 (AWS D1.5) • Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction, 2014 Edition (ArDOT Specs) The AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges shall control if any conflicting requirements occur with the Other Reference Documents and/or other local Codes. 3.0 BRIDGE SYSTEM TYPE 3.1 Truss Style The truss architectural style shall be a bowstring truss. The vertical trusses shall be designed such that the top and bottom chord members will have a varying height along the length of bridge. The top chord will arch from its intersection with the bottom chord, rising to a peak height at the center of the bridge, and then falling to its intersection with the bottom chord at the other end of the truss. The end bay will form a triangle and there will be no diagonals in the end bay. The peak height at the center of the bridge will be as determined by the Bridge Manufacturer, allowing for standard freight and manufacturing limitations. Bridge Manufacturer shall be consulted prior to bid to determine these dimensions. The interior verticals of the trusses shall be perpendicular to the top face of the bottom chord. Trusses shall be laid out such that diagonals shall be at an angle of 30- degrees or more with respect to the bottom chord except for the second bay from the ends where the angle may be less. 3.2 Diagonal Style The vertical truss shall use a single-diagonal, Pratt configuration, where all the diagonals are in tension for gravity loads. 3.3 Floor Beam Location The bridge shall utilize an underhung floor beam where the top face of the floor beam shall be welded to the bottom face of the bottom chord. The distance from the top of deck to the bottom of the floor beam shall be determined by the Bridge Manufacturer during final design. 10-01-24 SP JOB 040922 Page 4 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 4.0 BRIDGE GEOMETRY 4.1 Span Length At 60°F. the bridge span length shall be 69’-11” (horizontal straight line dimension) measured from end to end of the bridge structure, including the end dam, any deck extension or bearing that extends beyond the end of the truss. 4.2 Width The bridge width shall provide a minimum clearance of 10'-0” between all interior railing elements. 4.3 Top of Truss Height Above Deck The top of the top chord shall not be less than 48" above the deck (measured from the high point of the deck). Note that this dimension may be exceeded due to truss height requirements for structural, deflection and vibration requirements. 4.4 Lower Steel Clearance The Bridge Manufacturer shall determine the distance from the top of the deck (measured from the highest point of the deck) to the bottom of any steel member. 4.5 Truss Bay Spacing The number of bays and the dimension of the panel points shall be determined by the Bridge Manufacturer. 4.6 Camber The bridge shall have a vertical camber dimension at the mid-span determined by the Bridge Manufacturer to accommodate dead load deflections and such that the deck slopes at any point on the bridge do not exceed the ADA requirements of 5.00%. 4.7 Elevation Difference The top of the decks at each end of the bridge shall be constructed with a vertical elevation difference as shown on the plans. 5.0 STRUCTURAL DESIGN LOADS 5.1 Dead Load (DC) The bridge structure shall be designed for the total bridge weight including the final deck 10-01-24 SP JOB 040922 Page 5 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE system. 5.2 Pedestrian Loading (PL) The bridge structure shall be designed for a uniform pedestrian loading of 90 psf. This loading shall be patterned to produce the maximum load effects. Consideration of dynamic load allowance is not required with this loading. 5.3 Vehicle Load (LL) The superstructure and deck system shall be designed for each of the following concentrated/vehicular loads: • A concentrated load of 1,000 pounds placed on any area 2.5' by 2.5' square. • A single truck shall be placed to produce the maximum load effects and shall not be placed in combination with the pedestrian load. The dynamic load allowance need not be considered for this loading. The truck shall be the following: o H10 vehicle (20,000 pound two-axle vehicle with 80% to rear axle). 5.4 Wind Load (WS) Pedestrian bridges shall be designed for wind loads as specified in AASHTO Signs, Articles 3.8 and 3.9. The loading shall be applied over the exposed area in front elevations of both trusses including all enclosures. In addition to the wind load specified above, a vertical uplift line load as specified in AASHTO LRFD Article 3.8.2 and determined as the force caused by a pressure of 20 psf over the full deck width, shall be applied concurrently. This loading shall be applied at the windward quarter point of the deck width. 5.5 Seismic (EQ) The bridge structure shall be designed for seismic loading as specified in Section 3.10 of AASHTO LRFD. The transverse loads shall be calculated considering the transverse period of the bridge and longitudinal loads shall be calculated using a period of zero. A response modification factor of 0.8 shall be used for the calculation of forces applied to the bridge anchorage. A response modification factor of 1.0 shall be used for the calculation of bearing reactions. The transverse seismic load shall be applied to all the bearings and the longitudinal seismic load shall be applied to the fixed bearings only. The vertical bearing reactions shall be calculated using an overturning force on the bridge based on the center of gravity of the bridge times the transverse seismic load. 5.6 Fatigue Load (FL) The fatigue loading shall be as specified in Section 11 of AASHTO Signs. The Natural Wind Gust specified in Article 11.7.1.2 and the Truck-Induced Gust specified in Article 10-01-24 SP JOB 040922 Page 6 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 11.7.1.3 of AASHTO Signs only need only be considered, as appropriate. 5.7 Combination of Loads The load combinations and load factors to be used shall be as specified in AASHTO LRFD Table 3.4.1-1, with the following exceptions: • Load combinations Strength II, Strength IV, and Strength V need not be considered. • The load factor for Fatigue I load combination shall be taken as 1.0, and Fatigue II load combination need not be considered. 6.0 STRUCTURAL DESIGN CRITERIA 6.1 Modeling The bridge shall be modeled and analyzed utilizing a three-dimensional computer software which shall account for moments induced in members due to joint fixity where applicable. Moments due to both truss deflection and joint eccentricity must be considered. All loads listed in Section 5 of these specifications shall be applied to the model and analyzed appropriately. 6.2 Lateral Frame and Member Design The bridge shall be designed and proportioned such that appropriate lateral stiffness is provided locally and globally, to ensure that the structure is stable. The requirements of AASHTO Ped Section 7.1.1 shall be met for lateral frame design. The requirements of AASHTO Ped Section 7.1.2 shall be met for top chord stability and determination of the U-Frame Stiffness. The floor beams shall be sized for the forces obtained from a simple span, pinned end analysis, or from the forces obtained from the three-dimensional model, whichever controls. All other members and connections shall be analyzed and designed per the requirements of AASHTO Ped and AASHTO LRFD. 6.3 Deflections The deflection criteria of AASHTO Ped Section 5 shall be satisfied. 6.4 Fracture The fracture toughness requirements and designation of Fracture Critical Member and 10-01-24 SP JOB 040922 Page 7 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE Main Member designation are hereby waived for these structures. 6.5 Vibrations Vibration of the structure shall not cause discomfort or concern to the users of the bridges. To assure this, the criteria of AASHTO Ped Section 6 shall be satisfied. 7.0 DECK SYSTEM 7.1 Deck System The bridge deck is to be comprised of reinforced concrete designed to span from floor beam to floor beam. Reinforced concrete shall be normal weight concrete (145 pounds per cubic foot maximum) and shall meet the specifications for Class S(AE) concrete as specified in the ArDOT Specs. Concrete mix design, materials, quality, mixing, placement, finishing and testing shall be in accordance with the ArDOT Specs. The surface of deck concrete shall be given a Class 6 Broomed Finish per ArDOT Specs Section 802.19. Stay-in-place galvanized (G90 coating) metal form deck may be used and shall be designed to support the weight of the wet concrete plus a 20 pounds per square foot construction load. Form deck shall be shop attached to floor beams via self-drilling fasteners, welding or power actuated fasteners. Welding shall not be used on painted or galvanized bridge elements. The longitudinal sheet laps shall be attached with self-drilling self-tapping fasteners at 36-inch maximum spacing. The attachment of the form deck to the floor beams is only necessary to keep the form deck in place during transportation and during the concrete placement. The form deck is not to be used for diaphragm action or composite action and provides no structural benefit to the truss or the deck after the concrete is set. Metal form deck panels shall be of a length to span a minimum of two bays of the truss supports. The top of deck to bottom of form deck shall be as required to support the anticipated loads but shall not be less than 5". The concrete deck shall be designed to span longitudinally from floor beam to floor beam and to support the loads specified in Section 5.0 of this Special Provision. Reinforcing steel shall be AASHTO M 31 or M 322, Type A epoxy coated bars. All bar bends, anchorage and splices shall be in accordance with AASHTO Specifications. Top reinforcing shall have a minimum clearance of 2" to the top of deck. The Contractor shall supply all concrete and reinforcing materials. 10-01-24 SP JOB 040922 Page 8 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 8.0 MATERIALS OF CONSTRUCTION 8.1 Structural Steel All members of the truss and deck support system shall be fabricated from square or rectangular hollow structural shapes (HSS), with the exception that floor beams may be wide flange shapes. All open ends of end posts and floor support beams shall be capped. Drain holes shall be provided for all sections at the low point of the member that may become filled with water. All bridges shall be fabricated using ASTM A709 Grade 50W or ASTM A847 for HSS sections and A588 for structural shapes and plates. The steel material shall have enhanced atmospheric corrosion resistance (aka weathering steel). Minimum nominal thickness of primary hollow structural shapes shall be 1/4". Rolled shapes shall have a minimum thickness of 1/4". 8.2 Fasteners Structural bolts used to field splice or connect all main members shall be ASTM F3125 Grade A325 or Grade A490. The nuts for these structural bolts shall be ASTM A563. The finish of the fasteners shall match that of the structural steel. Self-drilling fasteners for attachment of the form decking shall be #14 x 1” zinc plated hex washer head Tek screws or approved equivalent. Powder Actuated fasteners shall be Hilti sheet metal nail X-ENP-19 fastener or approved equivalent. Other miscellaneous fasteners shall be ASTM A307 zinc plated or galvanized, as determined by the Bridge Manufacturer. 9.0 FINISH For corrosion resistant high-strength low-alloy (weathering) steel no surface finish treatment is necessary. All exposed surfaces of structural steel to be cleaned in accordance with Steel Structures Painting Council Surface Preparation Specifications No. 7, SSPC -SP7 brush-off blast cleaning. Exposed surfaces of steel shall be defined as those surfaces seen from the deck or from the outside and bottom of the structure. All other surfaces to have standard mill finish. The steel will be allowed to form a protective weathering patina over time. 10-01-24 SP JOB 040922 Page 9 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 10.0 ATTACHMENTS 10.1 Safety Rails Safety rail system shall be placed on the inside or outside of the structure, spaced so as to prevent a 6" sphere from passing through the side truss for a minimum height of 48". The top of the top chord may be considered the top of the rail system. Rails system shall consist of horizontal rails. Rails shall be L 1 ¼ x 1 ¼ x 1/8 placed at a 45-degree orientation with both legs welded to truss verticals and with a maximum unsupported length of 6’-0” if placed on the inside of the structure and 7’-0” if placed on the outside of the structure. Other rail element sizes may be approved by the Engineer. If the truss vertical spacing is greater than the maximum unsupported length, mid-bay supports will be required. When safety rails are placed on the inside of the structure, the ends of rail near the end of the bridge shall be mitered at a 45-degree angle, capped and ground smooth. No solid plate covering all rails as a unit will be allowed. Each element of the pedestrian rail system shall be designed to support a uniformly applied load of 50 pounds per lineal foot, both transversely and vertically, acting simultaneously. In addition, each longitudinal element shall be designed to support a concentrated load of 200 pounds, which will act simultaneously with the above uniform loads at any point and in any direction at the top of the longitudinal element. The posts of the pedestrian rail system shall be designed for a concentrated load applied at either the center of gravity of the upper longitudinal element or 60" above the top of the walkway, whichever is less. This concentrated load shall be equal to 200 pounds plus 0.05 times the post spacing in feet. 10.2 Toe Plate Toe Plates shall be steel channel shape section, 4” high by 1” wide minimum with the end of the channel legs welded directly to the inside face of the truss verticals. The maximum unsupported length shall be 7’-0”. If the vertical spacing is greater than the maximum unsupported length, mid-bay supports will be required. The ends of the toe plates near the end of the bridge shall be capped and ground smooth. The bottom of the toe plate shall be placed 2” above the finished height of the deck. All seams of the toe plates shall be fully welded to give the appearance of a continuous member (welding should be located at a support member). If toe plates are incorporated into a safety rail system, they may be modified as needed but shall be a minimum of 4” high. 10.3 Rub Rail Rub Rails shall be provided at a height of 3’-6” from top of the deck to the top of rub rail. Rub rails shall be steel channel shape section, 4” high by 1” wide minimum with the end of the channel legs welded directly to the inside face of the truss verticals. Other steel 10-01-24 SP JOB 040922 Page 10 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE shape sections may be used as approved by the Engineer. The maximum unsupported length shall be 7’-0”. If the vertical spacing is greater than the maximum unsupported length, mid-bay supports will be required. The ends of the rub rails near the end of the bridge shall be capped and ground smooth. All seams of the rub rails shall be fully welded to give the appearance of a continuous member (welding should be located at a support member). If rub rails are incorporated into a safety rail system, they may be modified as needed but shall be a minimum of 4” high. 10.4 Expansion Joint The expansion joints shall be as shown in the plans. 11.0 BEARINGS 11.1 Bearing Type Bearing type and size shall be designed by the Bridge Manufacturer based on anticipated loads and movements. 11.2 Design Temperature Range The Design Temperature Range will be site specific and will be determined per AASHTO LRFD Article 3.12.2. 11.3 Non-Shrink Grouting The bridge will be supplied with a lower setting plate. This setting plate shall be leveled and shimmed to the proper elevation. The space between the lower surface of the setting plate and the foundation surface shall be filled with a non-shrink grout capable of achieving a minimum compressive strength equal to or greater than the strength of the foundation concrete. The cost of the leveling, shimming, and non-shrink grout shall be the responsibility of the Contractor. 12.0 FOUNDATIONS 12.1 Foundation System Foundation system shall utilize abutments designed by the Engineer in conjunction with the bridge bearing requirements and dimensions provided by the Bridge Manufacturer and the site-specific geotechnical information provided by the Geotechnical Engineer. All abutment dimensions and materials shall be shown on the final contract plans. 12.2 Anchor Bolts The Bridge Manufacturer shall design the diameter and grade of anchor bolts. The 10-01-24 SP JOB 040922 Page 11 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE anchor bolt design shall be based on the shear and tensile strength of the anchor bolt material as well as all concrete related failure modes including, but not limited to, concrete breakout strength in shear and tension, pullout strength, concrete side-face blowout strength, concrete pry out strength, embedment depth, and any anchorage type specific criteria. All anchor bolts shall be galvanized. The anchor bolts may be cast-in- place or drilled/epoxy grouted as designed by the Bridge Manufacturer and as approved by the Engineer. 13.0 FABRICATION 13.1 Welding Welding procedures and weld qualification test procedures shall conform to the provisions of AWS D1.1 and AWS D1.5 as appropriate. Filler metal shall be in accordance with the applicable AWS Filler Metal Specification and shall match the corrosion properties of the base metal. 13.2 Welders Welders shall be qualified for each process and position used while fabricating the bridge. Qualification tests shall be in accordance with AWS D1.1 and AWS D1.5 as appropriate . All weld qualifications and records shall be kept in accordance with the Fabricator’s Quality Assurance Manual which has been approved and audited by AISC as the basis for certification. 13.3 Shop Splices Shop splices for main truss members shall be full penetration welds all around the perimeter of the member. These shop splices shall be performed using a full perimeter backing plate. After welding of the shop splices, the weld shall be ground smooth to match the perimeter of the member. Grinding these welds smooth is required and will be grounds for rejection of the bridge upon delivery if not completed. Shop splices for all horizontal rail components to be located at the centerline of the truss verticals, each end welded to the truss vertical and seal welded together. Exposed surface of the seal welds as seen from the deck shall be ground smooth. Shop splices for all horizontal stringers to be located at the centerline of the floor beams, each end welded to the floor beam and seal welded together. 13.4 Bolted Splices For shipping purposes, the bridge may be fabricated in sections. Sections shall be field assembled using bolted connections. No field welding of members shall be allowed. 10-01-24 SP JOB 040922 Page 12 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE The chord members of the bridge shall be bolted such that at least two faces of the member are bolted. This is to provide reasonable force distribution around the perimeter of the member. Bolted splices shall be designed and fabricated such that the head of the bolt and washer are the only item exposed. No through-bolting of the member is allowed. The nuts of the fastener cannot be welded to the internal splice plate and shall be held in plate with a nut capture system per Patent US 10,267,345 B2 or equal. The diagonals and brace diagonals shall be bolted utilizing a through-bolt system with plates on the exterior faces of the members. An internal stiffening plate is required to keep the member from crushing during the bolt tightening process. All bolted connections shall be pretensioned or slip-critical connections. All bolts are to be pretensioned per the requirements of section 8.2 of the Specification for Structural Joints Using High-Strength Bolts. Recommended tightening method of all structural bolts shall be Turn-of-the-Nut Pretensioning. 14.0 QUALITY CONTROL 14.1 AISC Certification The bridge shall be fabricated in a shop owned by the Bridge Manufacturer. This facility shall have up to date quality certification by AISC as Certified Bridge Fabricator. 14.2 Certified Weld Inspector The Bridge Manufacturer shall employ at least two Certified Weld Inspectors (CWI), with endorsement by AWS QC1. At least one CWI shall be present during the complete fabrication of the bridge. The CWI shall provide written documentation that the bridge has been fabricated in accordance with these specifications and the approved design drawings. 14.3 Documentation Material Certifications shall be available for review for all materials within the bridge. Traceability of heat numbers is required for all structural steel. Documentation showing the performance of all critical quality checks shall also be made available for review by the Engineer or Owner. 14.4 Non-Destructive Testing All welds within the structure, shall be visually inspected for conformance to size, under cut, profile and finish. All shop splices of main truss members shall be magnetic particle tested. 10-01-24 SP JOB 040922 Page 13 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE 15.0 DELIVERY AND ERECTION 15.1 Delivery The bridge and components shall be delivered to the job site shown on the Contract Drawings. Timing shall be coordinated between the Bridge Manufacturer and Contractor, and with appropriate utilities, as required. The Contractor shall be responsible for unloading the bridge from the truck(s) at the time of arrival. The bridge manufacturer shall coordinate with the Contractor in advance of the time of arrival at the site. 15.2 Erection & Lifting Procedures. Construction of the bridge foundations shall be by the Contractor. Any provisions or items for attachment or setting of bridge shall be furnished to the Contractor by the Bridge Manufacturer prior to construction of the bridge foundations. The Contractor shall install the bearing and slide plates (where applicable) and the anchor bolts in accordance with the Structural Drawings and Bridge Manufacturer’s details. Sufficient time shall be allowed for base plate grout to set prior to bridge installation. The Contractor shall be responsible for the splicing (if required) and placement of the bridge. The Bridge Manufacturer will provide standard typical written procedures for lifting and splicing the bridge. All actual means, methods, equipment and sequence of erection used are the responsibility of the Contractor. Care must be taken to prevent damage to the finish of the bridge. Any damage shall be repaired by the Contractor at no additional cost to the Owner. The Contractor shall also cast the bridge deck concrete. All steel bridge members shall be protected with heavy sheet plastic during the casting of the deck concrete to prevent spillage on weathering components. The Contractor shall also install the approach slabs, expansion joint material, and the related steel wingwall railings after installation of the pedestrian bridge. 16.0 WARRANTY The Bridge Manufacturer shall warrant, at the time of delivery, that it has conveyed good title to its steel structure, free of liens and encumbrances created by the Bridge Manufacturer, and that its steel structure is free of defects in design, material and workmanship. This warranty shall be 10-01-24 SP JOB 040922 Page 14 of 14 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PREFABRICATED STEEL TRUSS SUPERSTRUCTURE valid for a period of fifteen (15) years from the earlier date of delivery or 60 days after final fabrication is complete. This warranty shall not cover defects in the steel structure caused by abuse, misuse, overloading, accident, improper installation, maintenance, alteration, or any other cause not expressly warranted. This warranty shall not cover damage resulting from or relating to the use of any kind of de-icing material. This warranty shall be void unless owner's records are supplied that show compliance with the minimum guidelines specified in the in the Bridge Manufacturer’s inspection and maintenance procedures. Repair or replacement shall be the exclusive remedy for any defects under this warranty. This warranty shall exclude liability for any indirect, consequential, or incidental damages. 17.0 METHOD OF MEASUREMENT Prefabricated Steel Truss Superstructure will be measured on the lump sum basis for each bridge. Except where specific pay items are shown on the plans and in the Contract, work involved in designing, fabricating, delivering, erecting the truss, and constructing the bridge deck will not be paid for separately, but full compensation therefore will be considered included in the contract unit price bid for Prefabricated Steel Truss Superstructure. 18.0 BASIS OF PAYMENT Work completed and accepted and measured as provided above will be paid for at the contract lump sum price bid for Prefabricated Steel Truss Superstructure, which price shall be full compensation for furnishing all labor, equipment, tools, and incidentals necessary to complete the work. Payment will be made under: Pay Item Pay Unit Prefabricated Steel Truss Superstructure Lump Sum 10-27-2020 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT In accordance with the requirements of 2 CFR 200.216, equipment utilized on this project for telecommunications and video surveillance services or equipment shall not be produced by: 1) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 2) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 10-28-2024 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL SEEDING MIXTURE MODIFICATIONS Section 620 of the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The seed varieties and amounts by weight in Subsection 620.02(c) are hereby deleted, and the following substituted therefor: Seeding mixture shall be composed of approximately 75% tall fescue and 25% annual rye grass. Alternate seeding mixtures may be submitted to the Engineer for approval. 10-28-2024 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS SPECIAL PROVISION LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL SOLID SODDING MODIFICATIONS Section 624 of the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction, Edition of 2014, is hereby amended as follows: The first sentence of Subsection 624.01 is hereby deleted, and the following substituted therefor: This item shall consist of furnishing and placing approved tall fescue sod, fertilizer, and water according to these specifications at locations shown on the plans, or as directed. The first sentence of Subsection 624.02(a) is hereby deleted, and the following substituted therefor: The tall fescue sod shall be composed of either field grown grass or approved nursery grown grass and shall consist of a densely rooted growth of grass substantially free from noxious weeds and undesirable grasses. LAKE FAYETTEVILLE ACCESSIBLE NATURE TRAIL ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 1 11040922 JOB NO.DATE REVISED CONSTRUCTION PLANS ARKANSAS DEPARTMENT OF TRANSPORTATION VICINITY MAP NOT TO SCALE N STS 10-03-17 N DWB 7-27-17 BRIDGE CONSTRUCTION DATA NET LENGTH OF BRIDGES GROSS LENGTH OF PROJECT NET LENGTH OF PROJECT FEET 0.047 MILES FEET 0.033 MILES MILES0.014FEET72.08 FEET 0.047 MILES END OF PROJECT N 36°07'57"N 36°07'57" MID-POINT OF PROJECT W 94°08'20" W 94°08'18"W 94°08'22" N 36°07'57" BEGIN OF PROJECT LATITUDE LONGITUDE ARKANSAS HIGHWAY DISTRICT 4 CLEVELAND BRADLEY COLUMBIA MILLER LITTLE RIVER PIKE MONROE MISSISSIPPI RANDOLPHBAXTER VAN BURENPOPE MADISON LOGAN CHICOT ASHLEY DREW ARKANSAS DESHACALHOUN UNION OUACHITA DALLAS GRANT LAFAYETTE HEMPSTEAD HOWARD SEVIER MONTGOMERY POLK SCOTT YELL PERRY SALINE GARLAND HOT SPRING PULASKI LONOKE PRAIRIE PHILLIPS LEE ST. FRANCIS CROSS CRITTENDEN POINSETT JACKSON LAWRENCE GREENE CLAYFULTON IZARD INDEPENDENCE SHARP MARIONBOONECARROLLBENTON WOODRUFF WHITE CLEBURNE STONE CONWAY FAULKNER JOHNSON FRANKLIN CRAWFORD WASHINGTON NEWTON SEARCY SEBASTIAN DISTRICT 9 DISTRICT 7 DISTRICT 2 DISTRICT 6 DISTRICT DISTRICT DISTRICT DISTRICT 3 10 8 5 CLARK NEVADA JEFFERSON LINCOLN 1 DISTRICT CRAIGHEAD (RTP-22) (S) ACCESSIBLE NATURE TRAIL LAKE FAYETTEVILLE WASHINGTON COUNTY ARDOT JOB 040922 F.A.P. RTP-1302(367) T 15 N T 16 N T 17 N R29WR30WR31W LOCATION PROJECT 1 1 END JOB 040922 STA. 2+48.87 BEGIN JOB 040922 STA. 0+00.00 248.87 NET LENGTH OF TRAIL 248.87 176.79 STA. 1+82.51 BRIDGE END 72'-1" BRIDGE LENGTH 10'-0" CLEAR TRAIL WIDTH 70'-0" SIMPLE SPAN PREFABRICATED TRUSS BRIDGE BRIDGE OVER LAKE FAYETTEVILLE RAVINE STA. 1+10.43 BRIDGE END AR KA N SAS -ENGINEER C E RT IF I C ATEOFAU T H ORI Z A T I ON No. 1126 INC INTERNATIONAL MICHAEL BAKER No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F BUS 71 265 265 265 265 1 12 16 16 45 71 62 0 OS 2 2 2 2 2 2 JOHNSON 2 1 16 2 1 170 1800 5 2 156 3 5 2 112 1 71 2 412 41222 2Y 16B 16B 17B 1 1 12 BUS 28 28 2 2 2 Sonora 412 2 BEAVER 2 PRAIRIE GROVE GREENLAND FARMINGTON ELKINS TONTITOWN FAYETTEVILLE WEST FORK WEDINGTON WOODS 2 49 49 62 28 Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 0 1 _ C O _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T3 / 5 / 2 0 2 5 9 : 2 0 : 4 9 A M R E V IS E D D A T E : Lake Fayetteville DISTRICT 4 ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 2 11040922 JOB NO.DATE REVISED INDEX OF SHEETS AND GENERAL NOTES Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 0 2 _ IN _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T3 / 5 / 2 0 2 5 9 : 2 0 : 5 0 A M R E V IS E D D A T E : INDEX OF SHEETS PROJECT TEAM CONTACT LIST GENERAL NOTES ARDOT STANDARD BRIDGE DRAWINGS No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F PHONE: 479-326-6724 CONTACT: ALAN CASTER, PE PHONE: 501-244-1028 CONTACT: ETHAN BAKER, PE, SE LITTLE ROCK, AR 72201 101 S. SPRING ST, SUITE 100 MICHAEL BAKER INTERNATIONAL ENGINEER EMAIL: ZFOSTER@FAYETTEVILLE-AR.GOV PHONE: 479-444-3472 CONTACT: ZACH FOSTER, PLA, PARK PLANNER FAYETTEVILLE, AR 72701 113 WEST MOUNTAIN STREET CITY OF FAYETTEVILLE OWNER NO SCALE PARKING LOT AREA PLAYGROUND VETERANS MEMORIAL PARK LAYDOWN AREA CONSTRUCTION NEW TRAIL TRAIL FAYETTEVILLE LAKE TITLESHEET NO.DRAWING DATE ENDSBRIDGEATBACKFILL ANDCONSTRUCTIONEMBANKMENTFORDETAILSSTANDARD 55000 2/27/2014 STRUCTURESFOREXCAVATIONCOMPUTINGAND BLANKETFILTERANDRIPRAPDUMPEDFORDETAILSSTANDARD 55001 2/27/2014 SPANSGIRDERCONCRETE&STEELFOR FORMSDECKBRIDGESTEELPERMANENTFORDETAILSSTANDARD 55005 3/24/2016 NO.SHEET TITLESHEET 1 SHEETTITLE 2 NOTESGENERALANDSHEETSOFINDEX 3 DETAILSPRESERVATIONTREE 4 DETAILSTRAIL 5 DETAILSRAILINGHAND 6 DETAILSCONTROLSURVEY 7 PROFILEANDPLANGRADING 8 REVISIONSANDQUANTITIESOFSUMMARY 9 BRIDGEOFLAYOUT 10 INFORMATIONBORINGSOIL 11 ABUTMENTSOFDETAILS LAYDOWN AREA & TEMPORARY FENCING LOCATIONS LINK FENCE EXISTING CHAIN SNOW FENCING TEMPORARY FENCING CHAIN LINK TEMPORARY 6' LINK FENCE EXISTING CHAIN SUBSIDIARY TO THE ITEM "MOBILIZATION". CHAIN LINK FENCING SHALL BE CONSIDERED TEMPORARY SNOW FENCING AND TEMPORARY 6' INCIDENTALS NECESSARY TO PLACE AND MAINTAIN ALL MATERIALS, LABOR, EQUIPMENT, TOOLS, AND CONSTRUCTION. SHALL BE MAINTAINED FOR THE DURATION OF TO THE BEGINNING OF ANY OTHER WORK AND ALL TEMPORARY FENCING SHALL BE ERECTED PRIOR FENCING MANUFACTURER'S RECOMMENDATIONS. SECURED TO T-POSTS SPACED ACCORDING TO THE TEMPORARY SNOW FENCING SHALL BE ADEQUATELY CONNECTED TOGETHER. THE FENCING. FENCING PANELS SHALL BE SECURELY ON THE BASE UNITS TO PREVENT OVERTURNING OF SUFFICIENT AMOUNT OF WEIGHT SHALL BE PLACED SECURED TO THE GROUND. IN ADDITION, A SUPPORTED ON BASE UNITS THAT ARE ADEQUATELY NOT BE SET IN POST HOLES, BUT SHALL BE TEMPORARY 6' CHAIN LINK FENCING POSTS SHALL NOTES: 12. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL QUANTITIES SHOWN ON THESE PLANS BEFORE PRICING THE WORK. REQUIREMENTS & WORKMANSHIP. CONCRETE PLACEMENT. CONTACT THE OWNER AND ENGINEER TO SCHEDULE AN INSPECTION. SIDEWALK WILL BE CHECKED FOR ADA 11. ALL CONCRETE RELATED WORK, INCLUDING BRIDGE ABUTMENT AND SIDEWALK CONSTRUCTION, REQUIRE INSPECTION BEFORE AND AFTER OF THE AUTHORITIES CONCERNED. 10. ANY WORK OUTSIDE OF PROPERTY BOUNDARIES SHALL BE PERFORMED IN COOPERATION WITH AND IN ACCORDANCE WITH REGULATIONS 9. THE CONTRACTOR SHALL RETAIN A FULL SET OF LATEST APPROVED CONSTRUCTION PLANS ON SITE DURING CONSTRUCTION ACTIVITIES. SITE AND DISPOSE OF THEM IN A LEGAL AND TIMELY MANNER. CONSTRUCTION SHALL BECOME THE PROPERTY OF THE CONTRACTOR. THE CONTRACTOR SHALL REMOVE THE WASTE MATERIALS FROM THE 8. THE CONTRACTOR SHALL MAINTAIN THE SITE IN AN ORDERLY AND CLEAN FASHION. ALL WASTE MATERIALS GENERATED FROM ENVIRONMENTAL INSPECTORS. PERSONNEL TO PERFORM INTERMEDIATE AND REQUIRED INSPECTIONS AND FOR ANY OTHER RELEVANT AGENCY PERSONNEL, SUCH AS 7. THE CONTRACTOR SHALL PROVIDE TEMPORARY ACCESS TO THE SITE DURING CONSTRUCTION FOR ENGINEERS AND CITY AGENCY CONSTRUCTION ACTIVITIES WILL BE REPAIRED BY THE CONTRACTOR AT NO COST TO THE CITY OF FAYETTEVILLE. 6. THE CONTRACTOR IS RESPONSIBLE FOR DAMAGE TO EXISTING STRUCTURES, PAVEMENTS, AND UTILITIES. ANY DAMAGE TO THESE ITEMS BY PUBLIC, INCLUDING CHILDREN. 5. THIS PROJECT IS LOCATED IN CLOSE PROXIMITY TO A PLAYGROUND. MAINTAIN THE SITE IN A SAFE AND APPROPRIATE MANNER FOR THE MAINTAIN ACCESS TO ALL ROADS, TRAILS, AND SIDEWALKS. TAPE, SIGNAGE, AND OTHER MEANS TO WARN PEOPLE OF AND PREVENT PUBLIC ACCESS TO ANY HAZARDS AND CONSTRUCTION AREAS. 4. THE CONTRACTOR SHALL CONDUCT WORK KNOWING THIS IS A PUBLIC SPACE AND PARK USERS WILL FREQUENT THE AREA. USE CAUTION DEPARTMENT STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION AND CITY OF FAYETTEVILLE REQUIREMENTS. AREA IN AN ADEQUATE AND SATISFACTORY MANNER IN ACCORDANCE WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION TRAFFIC AND SHALL PROVIDE FOR THE CONVENIENCE AND SAFETY OF THE GENERAL PUBLIC ALONG AND ADJACENT TO THE CONSTRUCTION THE CONTRACTOR SHALL CONDUCT THE WORK IN A MANNER THAT WILL ENSURE, AS FAR AS PRACTICABLE, THE LEAST OBSTRUCTION TO 3. THE CONTRACTOR IS RESPONSIBLE FOR THE APPROPRIATE BARRICADES, SHORING, AND SAFETY PRECAUTIONS IN THE CONSTRUCTION AREA. MARKINGS UNTIL THEY ARE NO LONGER NECESSARY. CONSTRUCTION AND FOR PROTECTION OF SERVICES DURING CONSTRUCTION. THE CONTRACTOR SHALL MAINTAIN ANY UTILITY LOCATION FIELD. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH THE UTILITY COMPANIES FOR LOCATING EXISTING UTILITIES PRIOR TO SHOWN IN THE PLANS. PRIOR TO BEGINNING ANY WORK, THE CONTRACTOR SHALL CONTACT 811 TO CONFIRM AND MARK ALL UTILITIES IN THE 2. AN ATTEMPT HAS BEEN MADE TO LOCATE ANY UTILITIES WITHIN THE CONSTRUCTION AREA. HOWEVER, ALL EXISTING UTILITIES MAY NOT BE CITY OF FAYETTEVILLE CODE OF ORDINANCES. CITY OF FAYETTEVILLE MINIMUM STREET STANDARDS (2020 EDITION). TO THE STANDARD CONSTRUCTION SPECIFICATIONS. WITH APPLICABLE SUPPLEMENTAL SPECIFICATIONS AND SPECIAL PROVISIONS. UNLESS OTHERWISE NOTED, SECTION AND SUBSECTION REFER ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (2014 EDITION) 1. CONSTRUCTION SPECIFICATIONS: ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 3 11040922 JOB NO.DATE REVISED TREE PRESERVATION DETAILS Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 0 3 _ T P _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T5 / 2 7 / 2 0 2 5 12 : 3 7 : 0 5 P M R E V IS E D D A T E : CITY OF FAYETTEVILLE STANDARD NOTES FOR TREE AND NATURAL AREA PROTECTION TREE PRESERVATION FENCING DETAIL NO SCALE NO SCALE TREE PRESERVATION ROOT PRUNING DETAIL SUSTAINS DAMAGE AS A RESULT. 14. DEVIATIONS FROM THE ABOVE NOTES MAY BE CONSIDERED ORDINANCE VIOLATIONS IF THERE IS SUBSTANTIAL NON-COMPLIANCE OR IF A TREE LIST OF CERTIFIED TREE PRUNERS IS AVAILABLE FROM THE URBAN FORESTER. NATIONAL STANDARD, ANSI-A300 PRUNING, 2008 OR LATER). A CITY CERTIFIED TREE PRUNER MUST BE RETAINED TO MAKE ALL PRUNING CUTS. A 13. ALL FINISHED PRUNING MUST BE DONE ACCORDING TO RECOGNIZED, APPROVED STANDARDS OF THE INDUSTRY (REFERENCE THE AMERICAN 12. PRUNING TO PROVIDE CLEARANCE FOR STRUCTURES, VEHICULAR TRAFFIC, AND EQUIPMENT SHALL TAKE PLACE BEFORE CONSTRUCTION BEGINS. THE ROOT FLARE OF ANY TREE. 11. NO LANDSCAPE TOPSOIL DRESSING GREATER THAN 4 INCHES SHALL BE PERMITTED WITHIN THE DRIPLINE OF TREES. NO SOIL IS PERMITTED ON POSSIBLE. 10. ANY TRENCHING REQUIRED FOR THE INSTALLATION OF LANDSCAPE IRRIGATION SHALL BE PLACED AS FAR FROM EXISTING TREE TRUNKS AS REDUCES SOIL TEMPERATURE AND MINIMIZES WATER LOSS DUE TO EVAPORATION. AS SOON AS POSSIBLE. IF EXPOSED ROOT AREAS ARE NOT BACKFILLED WITHIN 3 DAYS, COVER WITH ORGANIC MATERIAL IN A MANNER WHICH 9. ANY ROOTS EXPOSED BY CONSTRUCTION ACTIVITY SHALL BE PRUNED FLUSH WITH THE SOIL. BACKFILL ROOT AREAS WITH GOOD QUALITY TOPSOIL 8. TREES APPROVED FOR REMOVAL SHALL BE REMOVED IN A MANNER WHICH DOES NOT IMPACT TREES TO BE PRESERVED. PLANKING TO HEIGHT OF 8 FEET (OR LIMITS OF LOWER BRANCHING) IN ADDITION TO THE REDUCED FENCING PROVIDED. 7. WHERE ANY OF THE ABOVE EXCEPTIONS RESULT IN A FENCE BEING CLOSER THAN 4 FEET TO A TRUNK, PROTECT THE TRUNK WITH STRAPPED ON D. WHERE THERE ARE SEVERE SPACE CONSTRAINTS DUE TO TRACT SIZE OR OTHER SPECIAL REQUIREMENTS. C. WHERE TREES ARE CLOSE TO PROPOSED BUILDINGS, ERECT THE FENCE TO ALLOW 6 TO 10 FEET OF WORK SPACE. DAMAGE). PAVING AREA (PRIOR TO SITE GRADING SO THIS AREA IS GRADED SEPARATELY PRIOR TO PAVING INSTALLATION TO MINIMIZE ROOT B. WHERE PERMEABLE PAVING IS TO BE INSTALLED WITHIN A TREE'S DRIPLINE, ERECT THE FENCE AT THE OUTER LIMITS OF THE PERMEABLE A. WHERE THERE IS TO BE AN APPROVED GRADE CHANGE, IMPERMEABLE PAVING SURFACE, TREE WELL, OR OTHER SUCH SITE DEVELOPMENT. 6. EXCEPTIONS TO INSTALLING FENCES AT TREE DRIPLINES MAY BE PERMITTED IN THE FOLLOWING CASES: D. OTHER ACTIVITIES DETRIMENTAL TO TREES SUCH AS CHEMICAL STORAGE, CONCRETE TRUCK CLEANING AND FIRES. C. WOUNDS TO EXPOSED ROOTS, TRUNK OR LIMBS BY MECHANICAL EQUIPMENT. B. ROOT ZONE DISTURBANCES DUE TO GRADE CHANGES (GREATER THAN 6") ROOT TRENCHING NOT VIEWED BY CITY ARBORISTS. A. SOIL COMPACTION IN THE ROOT ZONE OF AREA RESULTING FROM VEHICULAR TRAFFIC OR STORAGE OF EQUIPMENT. PROTECTIVE FENCES SHALL FOLLOW THE LIMITS OF CONSTRUCTION IN ORDER TO PREVENT THE FOLLOWING: 5. PROTECTIVE FENCES SHALL SURROUND THE TREES OR GROUP OF TREES AND WILL BE LOCATED AT THE DRIPLINE. FOR NATURAL AREAS, BUILD-UP WITHIN TREE DRIPLINES. 4. EROSION AND SEDIMENTATION CONTROL BARRIERS SHALL BE INSTALLED OR MAINTAINED IN A MANNER WHICH DOES NOT RESULT IN SOIL PHASES OF THE CONSTRUCTION PROJECT. 3. PROTECTIVE FENCES SHALL BE INSTALLED PRIOR TO THE START OF ANY SITE PREPARATION WORK AND SHALL BE MAINTAINED THROUGHOUT ALL 2. PROTECTIVE FENCES SHALL BE ERECTED ACCORDING TO CITY OF FAYETTEVILLE STANDARDS FOR TREE PROTECTION. FENCING. 1. ALL TREES AND NATURAL AREAS SHOWN ON THIS PLAN TO BE PRESERVED SHALL BE PROTECTED DURING CONSTRUCTION WITH TEMPORARY No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F NO SCALE TREE PRESERVATION FENCING AND PLANKING DETAIL NO SCALE SOIL COMPACTION PREVENTION DETAIL FOR APPROVAL TO THE ENGINEER AND THE CITY OF FAYETTEVILLE. FAYETTEVILLE. ANY PLANS FOR TREE REMOVAL SHALL BE SUBMITTED IF CONDUCTED, SHALL BE AT NO ADDITIONAL COST TO THE CITY OF OF THE SURVEY INDICATE NO PRESENCE OF BATS. THE BAT SURVEY, AVOID THE CLEARING RESTRICTION TIME WINDOW IF THE RESULTS MARCH 15. ALTERNATIVELY, A BAT SURVEY MAY BE CONDUCTED TO NORTHERN LONG-EARED BAT INACTIVE SEASON OF NOVEMBER 15TH - CLEARING SHALL TAKE PLACE DURING THE INDIANA BAT AND IF ANY TREES ARE TO BE CLEARED DURING CONSTRUCTION, ALL PROPER SOIL COMPACTION PREVENTION DEVICES IN PLACE. NO HEAVY EQUIPMENT WILL BE ALLOWED NEAR TREES WITHOUT OTHER CONSTRUCTION WORK. MUST BE INSTALLED AND INSPECTED PRIOR TO BEGINNING ANY TREE PRESERVATION FENCING AND EROSION CONTROL DEVICES NOTES: ARK. STATE 6 114 REVISED DATE REVISED DATE DIST.NO. FED.RD. NO. SHEET SHEETS TOTAL 040922 Y : \ P r o j e c t s \ F a y e t t e v i l l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r i d g e \ D e s i g n \ C IV IL \ D r a w i n g s \ W o r k i n g \ 0 4 0 9 2 2 _ 0 3 _ T S . d g n W O R K S P A C E : L u k e . C a r d e n u n t i t l e d 12 : 4 3 : 2 2 P M 9 / 19 / 2 0 2 5 $ $ R E V D A T E $ $ R E V IS E D D A T E : JOB NO. TRAIL SURFACE (TYP.) TRAIL. SOD SHALL BE 1" LOWER THAN AND SODDED. SLOPE AT 2% AWAY FROM 2' SHOULDER TO BE GRADED SMOOTH TO 95% S.P.D. SUBGRADE COMPACTED 12"12"10'-0" SECTION THROUGH JOINTS SUBGRADE COMPACTED 95% S.P.D. 10'-0" O.C. " WIDE X 1" DEEP4 1 CONTROL JOINT SAW CUT 4,000 PSI FINISH, MIN. BROOM MEDIUM WITH CONCRETE WITH CONCRETE JOINT SEALANT WITH REMOVABLE CAP AND FILLED " FIBER BOARD2 1EXPANSION JOINT 18" O.C. SMOOTH DOWEL #3 - 18" LONG EXPENSE. CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL CONCRETE WORK DURING CURING. ANY CONCRETE THAT IS DEFACED SHALL BE REPLACED AT THE CONTRACTOR'S10. ) INCH ROLLED EDGE.2 1TRAILS SHALL HAVE A ONE-HALF (9. 5%. CONSTRUCT 2% MAXIMUM CROSS SLOPE ON TRAIL IN SAME DIRECTION AS EXISTING GRADE UNLESS OTHERWISE DESIGNATED ON THE PLANS. LONGITUDINAL GRADE SHALL NOT EXCEED8. GRADE OR TRIMMED 1/2" LOWER. EXPANSION JOINT MATERIAL SHALL BE PREFORMED ASPHALT IMPREGNATED FIBERBOARD CONFORMING TO AASHTO M-213. EXPANSION JOINT MATERIAL SHALL BE LEFT 1/2" LOWER THAN7. CONCRETE CURING COMPOUND SHALL MEET ASTM C-309 AND SHALL BE W.R. MEADOWS 1200 WHITE OR AN APPROVED EQUAL.6. MANUFACTURER'S INSTRUCTIONS. HORIZONTAL SURFACES. SONNEBORN "SONOLASTIC SL-I" OR AN APPROVED EQUAL. CLOSED CELL BACKER ROD SHALL BE USED IN DEEP JOINTS, AS NEEDED, ACCORDING TO THE ALL EXPANSION JOINTS AND SAW JOINTS SHALL BE SEALED WITH JOINT SEALANT MEETING THE REQUIREMENTS OF ASTM C920, TYPE S. A SELF LEVELING SEALANT SHALL BE USED FOR5. ONE-QUARTER DEPTH (ONE INCH) SAW-CUT JOINTS SHALL BE PLACED IN CONCRETE AT REGULAR INTERVALS MATCHING THE TRAIL WIDTH, BUT NOT TO EXCEED 10 FEET APART.4. INTERVALS NOT EXCEEDING 45 FEET ALONG THE CONCRETE SIDEWALK. FULL DEPTH EXPANSION JOINTS WITH DOWELS ARE REQUIRED AT THE END OF EACH DAYS POUR AND ADJACENT TO ALL EXISTING CONCRETE. EXPANSION JOINTS SHALL BE INSTALLED AT3. SLUMP. CONCRETE SHALL HAVE A MINIMUM CEMENT CONTENT OF 5-1/2 BAGS PER CUBIC YARDS WITH 5-1/2% ± 1-1/2% AIR ENTRAINMENT AND 1.5 #/CY FIBER REINFORCEMENT WITH A MAXIMUM 4"2. ALL WORK SHALL CONFORM TO THE CITY OF FAYETTEVILLE'S CURRENT ORDINANCES AND STANDARDS FOR CONCRETE PAVEMENT CONSTRUCTION (CHAPTER 171).1. CONCRETE TRAIL CONSTRUCTION NOTES: TOPSOIL GRADE WITH MAX SLOPE 3:1. SHOULDERS SHALL MEET EXISTING THE GROUND BEYOND SODDED AIR ENTRAINMENT FIBER REINFORCEMENT AND 4" 4,000 PSI CONCRETE WITH COMPACT TO 98% M.P.D. 4" CLASS 7 AGGREGATE BASE 10' CONCRETE TRAIL - SECTION SCALE: N.T.S. �PROFILE GRADE @ COMPACT TO 98% M.P.D. 4" CLASS 7 AGGREGATE BASE 2'-0" THAN TRAIL SURFACE (TYP.) FROM TRAIL. SOD SHALL BE 1/2" LOWER AND SODDED. SLOPE AT 2% - 5% AWAY 2' SHOULDER TO BE GRADED SMOOTH 4" 11-GAUGE METAL EDGING GEOTEXTILE FABRIC WEED BARRIER 10'-0" TOPSOIL GRADE WITH MAX SLOPE 3:1. SHOULDERS SHALL MEET EXISTING THE GROUND BEYOND SODDED LIMESTONE, ROLLED IN PLACE 4" - 1/4" MINUS CRUSHED 95% S.P.D. SUBGRADE COMPACTED TO �PROFILE GRADE @ 10' CRUSHED LIMESTONE TRAIL - SECTION SCALE: N.T.S. FAYETTVILLE - PARKS AND RECREATION DEPARTMENT PRIOR TO CONSTRUCTION. 4" 11-GAUGE METAL EDGING MATERIAL TO BE INSTALLED ON EACH SIDE OF CRUSHED LIMESTONE TRAIL. EDGING MATERIAL TO BE SUBMITTED AND APPROVED BY THE CITY OF6. ALL CRUSHED LIMESTONE SHALL BE VIBRATORY ROLLED, AND COMPACTED TO A 4" DEPTH. MINIMUM CROSS SLOPE SHALL BE 1.5 %.5. SURFACE INTO VOIDS WITHOUT OVER WATERING AND CAUSING FINES TO BECOME OVER SATURATED AND RUN OFF. REPEAT DURING COMPACTION AS NEEDED. BEFORE COMPACTION, CRUSHED LIMESTONE SHALL BE GENTLY WATERED WITH A VERY FINE MIST TYPE HOSE OR EQUIVALENT METHOD OF WATER DISTRIBUTION TO DRIVE FINES ON4. CRUSHED LIMESTONE SHALL BE CLEAN AND FREE OF FOREIGN MATERIALS BEFORE INSTALLATION.3. WEED BARRIER SHALL BE INSTALLED BETWEEN THE SUBGRADE AND CRUSHED LIMESTONE.2. EXCAVATED DIRT WILL REMAIN ON SITE AND BE UTILIZED AS PART OF THE PROJECT FOR ROUGH AND FINE GRADING, FILL DIRT OR IN OTHER AREAS OF THE PARK.1. CRUSHED LIMESTONE TRAIL CONSTRUCTION NOTES: 2'-0" WITH CONCRETE JOINT SEALANT WITH REMOVABLE CAP AND FILLED " FIBER BOARD2 1EXPANSION JOINT EXISTING CONC. O.C. DRILLED INTO SMOOTH DOWEL 18" #3 - 18" LONG T 1 / 2 T EXISTING SIDEWALKPROPOSEDSIDEWALK PROPOSED SIDEWALK AT EXIST. SIDEWALK DETAIL SCALE: N.T.S. MIN. 1'- 6" MIN. 17'' 3" PVC SLEEVE OF PVC SLEEVE CAP BOTH ENDS LOCATION OF CONDUIT. WET CONCRETE TO MARK USE 1" PIPE TO SET CIRCLE IN LOCATION OF CONDUIT. WET CONCRETE TO MARK USE 1" PIPE TO SET CIRCLE IN TRAIL SURFACE PROPOSED CONCRETE EMPTY CONDUIT DETAIL SCALE: N.T.S. TRAIL DETAILS STA. 1+91.51 TO STA. 2+48.87 STA. 0+00.00 TO STA. 1+01.43 9-18 - 2 5 HAND RAILING DETAILS ARK. STATE 6 115 REVISED DATE REVISED DATE DIST.NO. FED.RD. NO. SHEET SHEETS TOTAL 040922 SlopedtoMatchTrailSlope 9" Dia. 2 ' - 0 " M in . C.L. Trail 1.5%(Typ.)1.5%(Typ.) Shldr.Soft Surface Trail Soft Surface Trail Shldr. GENERAL NOTES (Typ.) 5'-0"2'-0"5'-0"2'-0" 1'-0" Min. 3" Min. Abutment Footing Abutment Stem WingwallMin. 3 ' - 0 " 2 ' - 0 " 1'-0" at Edge of Trail Finished Grade 1'-0" 2'-0" 3'-0" 6'-0"O.C.Max. Bridge Safety Rail Bridge Hand Rail Approach Slab Steel Pipe (Typ. Posts) " I.D. Schedule 802 11 Steel Pipe (Typ. Rails) " I.D. Schedule 402 11 Foundation (Typ.) Concrete Post Rail A A 6" Max. Post Foundation Concrete Post the item "Hand Railing". post foundations or any required fasteners or connection elements, shall be considered subsidiary to The cost of all elements incorporated into the finished hand rails including, but not limited to, concrete smooth. elements. All exposed edges shall be rounded or chamfered by grinding. Any welds shall be ground Hand railing shall be erected in a workmanlike manner and shall be free of any sharp or abrasive finished position. rail to strain. Hand railing shall be shored until concrete has adequately cured to hold the railing in its at least 3" below finished ground level. Allow concrete to cure for at least 5 days before subjecting the firmly held in their proper position. Strike off, slope, or crown and smooth the surface of the concrete the sides and bottom and shall be tamped around the posts after the posts have been brought to and Section 802 and shall be poured in the dry. Concrete shall be placed with contact against firm soil at Concrete for post foundations shall comply with the requirements for Class M Concrete as provided in reasonably neat lines. Prevent disturbance of original ground at the sides and bottom of the hole. foundation, or approach slabs. Post holes for concrete post foundations shall be excavated to Concrete post foundations shall be set so as not to conflict with bridge superstructure, bridge shall be repaired according to ASTM A780 and ASTM A123. galvanized after fabrication. Any damage to galvanized areas during fabrication, delivery, or installation the requirements of Subsection 106.01. As an alternate, hand railing sections may be hot dipped Pipes and fittings for hand railing shall be commercially available hot-dip galvanized steel pipes meeting railing shall comply with Americans with Disabilities Act (ADA) regulations and Section 633. sizes, material specifications, splice details, splice locations, post spacing, and curved rail layout. Hand approval prior to fabrication of the hand railing. Shop drawings shall show general dimensions, member These details show only general features of the hand railing. Submit shop drawings to the Engineer for Bridge End Post No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F " = 1'-0"4 3 " = 1'-0"4 3 ELEVATION SECTION A-A Sta. 0+81.47 Grade Break Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 0 5 _ H R _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T 9 : 2 1 : 0 8 A M 3 / 5 / 2 0 2 5 $ $ R E V D A T E $ $ R E V IS E D D A T E : JOB NO. ARK. STATE 6 116 REVISED DATE REVISED DATE DIST.NO. FED.RD. NO. SHEET SHEETS TOTAL 040922 POINT STATION TYPE NORTHING EASTING CTRL. PT. 502 SURVEY CONTROL & TRAIL ALIGNMENT COORDINATES 503 POE 504 505 506 507 N/A N/A CTRL. PT. POB PI 661658.369 661644.840 0+00.00 661705.797 680645.801 0+52.43 661736.981 680687.952 2+21.28 PI 661736.981 680860.305 2+48.87 661706.613 680869.511 SURVEY CONTROL DETAILS 680834.855 680691.467 Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ C IV IL \ D r a w in g s \ W o r k in g \ 0 4 0 9 2 2 _ 0 4 _ S C . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T 9 : 2 1 : 10 A M 3 / 5 / 2 0 2 5 $ $ R E V D A T E $ $ R E V IS E D D A T E : JOB NO. 0+00 1+00 2+00 N90°00'00"E N53°30'19"E S 1 6 ° 5 1 ' 5 5 " E S90°00'00"E P O B 0+0 0.0 0 P C 0+0 1.0 0 P T 1 + 0 0 . 3 6 P C 2 + 0 6 . 4 5 PT 2+31.98 P I 0 + 5 2 . 4 3 P I 2 +21 .2 8 POE 2+48.87 ELEV. = 1272.03 CTRL. PT. #503 ELEV. = 1277.06 CTRL. PT. #502 R = 156.00' L = 99.36' T = 51.43' D P.I. = 0+52.43 CURVE NO.1 R = 20.00' L = 25.53' T = 14.84' D P.I. = 2+21.28 CURVE NO.2 9-18-259-18-25 9-18 - 2 5 ARK. STATE 6 117 REVISED DATE REVISED DATE DIST.NO. FED.RD. NO. SHEET SHEETS TOTAL 040922 Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ C IV IL \ D r a w in g s \ W o r k in g \ 0 4 0 9 2 2 _ 0 4 _ P P . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T 9 : 2 1 : 11 A M 3 / 5 / 2 0 2 5 $ $ R E V D A T E $ $ R E V IS E D D A T E : JOB NO. 0+00 1+00 2+00 N90°00'00"E N53°30'19"E S 1 6 ° 5 1 ' 5 5 " E S90°00'00"E P O B 0+0 0.0 0 P C 0+0 1.0 0 P T 1 + 0 0 . 3 6 P C 2 + 0 6 . 4 5 PT 2+31.98 P I 0 + 5 2 . 4 3 P I 2 +21 .2 8 POE 2+48.87 1250 1260 1270 1280 1290 1300 1310 1320 1330 1250 1260 1270 1280 1290 1300 1310 1320 13301330 0+00 1+00 2+00 3+00 E L E V . 1 2 7 4 . 0 6 P V I 2 + 4 8 . 8 7 E L E V . 1 2 7 5 . 0 1 3.84% 1.80% 8.23% 1.43% -4.90%4.18% P V C 2 + 1 6 . 17 E L E V . 12 7 4 . 5 5 P V I 1+ 8 1 . 4 7 E L E V . 12 7 6 . 2 5 P V T 2 + 3 6 . 17 K=2.20 e=0.23' E L E V . 1 2 7 4 . 4 8 VC=20.00' E L E V . 12 7 5 . 2 5 P V I 0 + 1 3 . 9 2 E L E V . 12 7 0 . 2 9 E L E V . 12 7 0 . 13 P V I 0 + 0 0 . 0 0 P V I 0 + 7 6 . 4 7 E L E V . 1 2 7 2 . 7 8 P V I 1+ 11 . 4 7 E L E V . 12 7 2 . 6 9 P V I 0 + 8 1 . 4 7 P V I 2 + 2 6 . 1 7 1.16% 1275 1271 1272 1273 1274 1275 1276 1276 1275 1274 1271 1272 1273 1273 1274 1275 1274 1274 1" = 10'-0" PLAN BEGIN C.L. TRAIL MATCH EXISTING, @ CL OF TRAIL PROFILE GRADE 1270 1270 EXISTING CONC. SIDEWALK EXISTING CONC. SIDEWALK TIE INTO EXISTING 12' RADIUS JOINT @ P.C. CONSTRUCT CONTROL EXISTING GRADE @ CL OUTER BOUNDARY MANAGEMENT ZONE STREAMSIDE PROTECTION OUTER BOUNDARY WATERSIDE ZONE STREAMSIDE PROTECTION WIDE STONE WALL CL IRREGULAR 1' EXISTING PLAYGROUND GRADING PLAN AND PROFILE 10' TRAIL DETAIL SEE C.L. 1.5% SLOPE 10' 10' CL BRIDGE R = 20.00' L = 25.53' T = 14.84' D P.I. = 2+21.28 CURVE NO.2 BEGIN CONC.TRAIL DETAIL SEE CONC. TRAIL 1.5% SLOPE JOINT @ P.T. CONTROL CONSTRUCT STAKED AT 4' O.C. 12" DIA. WATTLES STAKED AT 4' O.C. 12" DIA. WATTLES STAKED AT 4' O.C. 12" DIA. WATTLES STAKED AT 4' O.C. 12" DIA. WATTLES STAKED AT 4' O.C. 12" DIA. WATTLES "REMOVAL AND DISPOSAL OF FENCE". CONSIDERED SUBSIDIARY TO THE ITEM NEW BRIDGE SUBSTRUCTURE SHALL BE MODIFICATION OF FENCING TO TIE INTO NOTES: "EMPTY CONDUIT DETAIL". SEE TRAIL DETAILS SHEET LOCATION TO BE DETERMINED IN FIELD. INSTALL 2 - 3" CONDUIT SIDEWALK AT EXIST. SIDEWALK DETAIL". SEE TRAIL DETAIL SHEET "PROPOSED MATCH EXISTING AT END OF CONC. TRAIL. END C.L. TRAIL PROPOSED BRIDGE - BOTH SIDES. MODIFY TO TIE BACK INTO EXISTING CHAIN LINK FENCE. REMOVE AND DISPOSE R = 156.00' L = 99.36' T = 51.43' D P.I. = 0+52.43 CURVE NO.1 SEE DETAILS SHEET 5 HAND RAILING SEE DETAILS SHEET 5 HAND RAILING 9-18 - 2 5 -� s��:r TOTALDATE DATE STATE JOB NO, SHEETSREVISED REVISED 61��:�S-. I I I I 6 ARK. 040922 8 11I I I I SUMMARY OF QUANTITIES & REVISIONS SCHEDULE OF BRIDGE QUANTITIES ITEM NUMBER 801 55 & 802 55 & 804 55 & 809 SP UNIT OF ITEMSTRUCTURE UNIT UNCLASSIFIED EXCAVATION FOR STRUCTURES-BRIDGE CU. YD. CLASS S CONCRETE-BRIDGE REINFORCING STEEL-BRIDGE (GRADE 60) SILICONE JOINT SEALANT PREFABRICATED STEEL TRUSS SUPERSTRUCTURE CU.YD. POUND LIN. FT. LUMP SUM ABUTMENT NO. 1 35.0 13.00 1,110 10 ABUTMENT NO. 2 35.0 13.00 1,110 10 70'-0" SIMPLE SPAN TRUSS UNIT 1 TOTALS FOR JOB NO. 040922 70.0 26.00 2,220 20 1 0 0"'I 0 I "' 0... 0 i·i 0 C"' 0 er a, g, 0 .i/ " e CL CL SUMMARY OF QUANTITIES A complete list of Line Item descriptions and quantities has been made available on the City of Fayetteville's bidding website at https://fayetteville-ar.ionwave.net/Login.aspx REVISIONS DATE REVISION SHEET NUMBER THE QUANTITIES PROVIDED ARE ESTIMATED AND SHALL BE THE BASIS FOR RECEIVING UNIT PRICE BIDS FOR EACH ITEM BUT SHALL NOT BE CONSIDERED BY BIDDERS AS ACTUAL QUANTITIES THAT MAY BE REQUIRED FOR COMPLETION OF THE PROPOSED WORK. THESE QUANTITIES, AT THE UNIT AND LUMP SUM PRICES BID FOR EACH ITEM, SHALL DETERMINE THE AMOUNT OF EACH BID FOR COMPARISON OF BIDS AND AID IN DETERMINING THE LOW AND RESPONSIVE BIDDER FOR THE PURPOSE OF AWARDING THE CONTRACT, AND WILL BE USED AS BASIS FOR FIXING THE AMOUNT OF THE REQUIRED BONDS. "1'..--,,, s "'i �o ,.-, 11 ARKAN � SUMMARY OF QUANTITIES�SD\ AND REVISIONSI IPROFESSIONAL ENGINEER LAKE FAYETTEVILLE ACCESSIBLE \ * * * I1f � No.20113 �• NATURE TRAIL -<1)\r <p�,, ,; DRAWN BY: ERBB DATE: 09[2024 FILENAME: 040922 08 QT 001.DGN--R. B- ,,, 'i,'L,,,, --.-., ,,I,,,.";' CHECKED BY: JSB/SFH DATE: 10[2024 SCALE: NONE BRIDGE ENGINEER DESIGNED BY: ERBBIASC DATE: 09[2024 PRINT DATE: 3/5/2025 ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 9 11040922 JOB NO.DATE REVISED DESIGNED BY: Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 0 9 _ L X _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T3 / 5 / 2 0 2 5 9 : 2 1 : 13 A M R E V IS E D D A T E : No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F DATE: DATE: DATE: SCALE: FILENAME:DRAWN BY: 3/5/2025 BRIDGE ENGINEER PRINT DATE: CHECKED BY: 040922_09_LX_001.DGN LAYOUT OF BRIDGE GENERAL NOTES ELEVATION PLAN 1272 Link Fence Existing Chain & Concrete Pad Existing Picnic Table Existing Playground 1280 1290 1270 1260 1250 1280 1290 1270 1260 1250 Along C.L. Bridge Existing Ground Line Exp. Fix. 1Abutment No.2 1 + 0 0 C.L. Construction C.L. Bridge & Trail Soft Surface Wide Stone Wall C.L. Irregular 1' Sidewalk ExistingWide Stone Wall C.L. Irregular 1' 70'-0" Simple Truss Span Total Length of Bridge = 72'-1" VERTICAL GEOMETRY (Profile Grade Along C.L. Bridge) No Scale B-01 Boring B-02 Boring Along C.L. Bridge Proposed Grade Line 0.5' 3.5' 23.5 28.5 30.0 0.5' 3.5' 35.0' 40.0' TYPICAL SECTION 1" = 10'-0" 1" = 10'-0" 1" = 2'-0" 10'-0" Clr. Toe Plate Concrete Deck Vertical Diagonal Top Chord b y T r u s s M a n u f a c t u r e r Chord Bottom T r u s s H e ig h t t o b e D e t e r m in e d 1 1 (Looking Ahead) 11'-0" Brace Diagonal 2 2 to be determined by Truss Manufacturer. Approximate dimensions. Final dimensions considered subsidiary to the Truss Span. Manufacturer. Cost of Deck shall be Concrete Deck to be designed by Truss 1270 1268 1266 1264 1262 1260 125812561252125012501254125612581260 1262 1264 1266 1268 1270 1272 1272 1272 1268 1264 1268 1272 1274 1272 Existing Playground Trail Surface Hard C lr . Boundary Waterside Zone Outer Streamside Protection Outer Boundary Management Zone Streamside Protection NATURE TRAIL LAKE FAYETTEVILLE ACCESSIBLE LAYOUT OF BRIDGE ERBB SFH ERBB 04/2024 10/2024 04/2024 AS SHOWN 8.23% - 4. 90 % Location Structure 1.43% E le v . 1 2 7 5 . 2 5 P V I 1 + 1 1 . 4 7 E l e v . 1 2 7 6 . 2 5 P V I 1 + 8 1 . 4 7 "2 11'-0 Elev. 1275.16 Sta. 1+10.43 Begin Bridge Elev. 1276.20 Sta. 1+82.51 End Bridge 2 + 0 0 1 + 5 0 1 0 ' - 0 " N90°00'00"E "2 11'-0 Elev. 1273.57 Boring B-01 Elev. 1274.37 Boring B-02 Handrail (Bridge Handrail & Safety Rail Not Shown for Clarity) Floorbeam Underhung 1.5% 1 . 5 % C r o s s S lo p e 3 ' - 6 " ( T y p . ) Safety Rail 3 3 above the top of deck. rail shall extend a minimum height of 48" sphere shall not pass through. The safety elements shall be such that a 6" diameter The clear opening between safety railSilicone Joint C.L. 1" Poured Silicone Joint C.L. 1" Poured P T 1 + 0 0 . 3 6 PT2+31.98 P C 2 + 0 6 . 4 5 P I 2 +21 .28 Link Fence Existing Chain Bridge Begin Bridge End S 1 6 ° 5 1 ' 5 5 " E BearingPerLoadingBridgePedestrianEstimated LoadingUnfactored (Kips)Vertical (Kips) Longitudinal (Kips) Transverse Min.Max. (DC)LoadDead -16.0 - - (PL)LoadPedestrian -15.8 - - (LL)LoadVehicular -9.7 - - (WS)LoadWind -8.6 3.4 -4.6 (TU)LoadThermal - -2.4 - reaction.upwardanindicatesvaluenegativeA above.tabletheinshownloadsestimated thefromvaryloadsbridgepedestrianactualtheifRecordofEngineertheContact Specifications.Designthepercomponentbridgeeachof designtheforconsideredbeshallloadsappropriateAlldesign.boltanchororbearing, superstructure,forcomprehensivebenotmayabovetabletheinshownLoads 1 + 0 0 2 + 0 0 Superstructure". anchor bolts, bearings, and bearing assemblies shall be considered subsidiary to the item "Prefabricated Steel Truss superstructure including, but not limited to, concrete bridge deck, formwork, handrails, safety rails, connections, to the Engineer for approval prior to fabrication. The cost of all elements incorporated into the finished bridge superstructure detailing and bridge loading shall be prepared in accordance with the specifications and submitted depiction of the superstructure in the plans show general features of design only. Shop drawings of the cast-in-place concrete bridge deck. The architectural style of the superstructure shall be a bowstring truss. The SUPERSTRUCTURE: The superstructure shall be composed of a prefabricated steel truss superstructure and 801.04. Excavations shall be backfilled and compacted in accordance with Subsection 801.08. unless at the direction of the Engineer. Foundations for footings shall be prepared in accordance with Subsection the placement of formwork, reinforcing steel, or concrete. Any further excavation or undercutting shall not occur logs. Subgrade material within the extents of the footing shall be evaluated by the Engineer for approval prior to FOOTINGS: Footings shall be set on the native stratum designated as (SC) Clayey Sand With Gravel on the boring subsidiary to the item "Prefabricated Steel Truss Superstructure". Reinforcing steel in the bridge deck shall be epoxy coated, and will not be paid for directly, but shall be considered (Grade 60)". supports will not be paid for directly, but will be considered subsidiary to the item "Reinforcing Steel - Bridge supports, sufficient in number and size to prevent displacement during the course of construction. The wire mill test reports. The reinforcing steel is to be accurately located in the forms and firmly held in place by steel wire REINFORCING STEEL: All reinforcing steel shall be Grade 60 conforming to AASHTO M 31 or M 322, Type A, with subsidiary to the item "Prefabricated Steel Truss Superstructure" per Lump Sum. Cost of all concrete incorporated into the finished superstructure, including the bridge deck, shall be considered Class 6 Broomed Finish. The concrete bridge deck shall be given a broom finish as specified for Final Finishing in Subsection 802.19 for any concrete has taken its initial set. This may require the use of a retarding agent. Concrete in bridge superstructure shall be placed, consolidated, and screeded off for the entire bridge deck before See Std. Dwg. No. 55005 for allowable modifications and for tolerances when permanent steel deck forms are used. All other concrete shall be Class S. All concrete in the bridge deck shall be Class S(AE) with a minimum 28 day compressive strength f'c = 4,000 psi. " unless otherwise noted.4 3CONCRETE: Concrete shall be poured in the dry. All exposed corners to be chamfered BORING LOGS: See Dwg. "Soil Boring Information" for boring logs. fy = 60,000 psiReinforcing Steel (Gr.60, AASHTO M 31 or M 322, Type A) f'c = 3,500 psiClass S Concrete (substructure) f'c = 4,000 psiClass S(AE) Concrete (superstructure) MATERIALS AND STRENGTHS: SITE CLASS = CSD1 = 0.094SEISMIC ZONE: 1 PEDESTRIAN LIVE LOADING: 90 psf TRUCK LIVE LOADING: H10 Specifications for the Design of Pedestrian Bridges, Second Edition. DESIGN SPECIFICATIONS: AASHTO LRFD Bridge Design Specifications, Ninth Edition and AASHTO LRFD Guide Provisions. Unless otherwise noted, Section and Subsection refer to the Standard Construction Specifications. Specifications for Highway Construction (2014 Edition) with applicable Supplemental Specifications and Special CONSTRUCTION SPECIFICATIONS: Arkansas State Highway and Transportation Department Standard BENCH MARK: Vertical Control Data are shown on the Survey Control Data Sheets. ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 10 11040922 JOB NO.DATE REVISED DESIGNED BY: 040922_10_BO_001.DGN SOIL BORING INFORMATION Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 1 0 _ B O _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T3 / 5 / 2 0 2 5 9 : 2 1 : 13 A M R E V IS E D D A T E : No.20113 REKAB .B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F DATE: DATE: DATE: SCALE: FILENAME:DRAWN BY: 3/5/2025 BRIDGE ENGINEER PRINT DATE: CHECKED BY: ERBB SFH ERBB 04/2024 10/2024 04/2024 NONE Note: For locations of soil borings, see "Layout of Bridge." NATURE TRAIL LAKE FAYETTEVILLE ACCESSIBLE SOIL BORING INFORMATION 040922_11_AB_001.DGN DETAILS OF ABUTMENTS ARK. STATE SHEET NO. TOTAL SHEETS DATE REVISED FED.RD. DIST.NO. 6 11 11040922 JOB NO.DATE REVISED DESIGNED BY: ERBB ERBB 08/2024 08/2024 10/2024 AS SHOWN NATURE TRAIL LAKE FAYETTEVILLE ACCESSIBLE DETAILS OF ABUTMENTS PLAN 1" = 1'-0" 5'-1"2'-0"2'-0" 9'-1" 14'-2" C.L. Joint 2 ' - 0 " 1 ' - 0 " 3 ' - 0 " 1" = 1'-0" ELEVATION SECTION A-A DETAILS OF POURED SILICONE JOINT No Scale Sides) Material (Typ. Both 1" Preformed Joint " 2 1 56 0 ° F " @ 2 1 5'-4"1'-9"1 1 1 1 1 1 3 " 1.5%@ C.L. Bridge Profile GradeSlab Approach C.L. Construction C.L. Bridge & C.L. Construction C.L. Bridge & (Typ.)(Typ.) 2'-0"2'-0" 10'-2" 5'-1"5'-1" Backer Rod Joint Sealant Poured Silicone 1" @ 60°F Concrete Edges (Typ.) " Rounding at8 3 " 2 1 M in . " 2 1 M i n . Abut. No. 1 - Elev. 1273.76 Abut. No. 2 - Elev. 1274.74 MARK NO. REQ'D LENGTH P.D.BENDING DIAGRAM F402 BAR LIST - PER ABUTMENT F401 Str. Dimensions shown are out-to-out of bars. 18 F402 3" F501 30 F502 7 ' - 6 " 3 ' - 0 " 1 A A W501 W502 W504 W503 B B SECTION B-B B501 B501 APPROACH SLAB DETAIL S401 26 S402 22 2" Str.9'-8" B401 19 15 "4 33 1 ' - 6 " 1'-9"5'-4" & C.L. Stem C.L. Bearing " = 1'-0"4 3 " = 1'-0"2 1 " = 1'-0"4 3 coordination of abutment construction and the truss details. The Contractor shall submit for approval shop drawings showing accordingly. bearing elevations and footing elevations must be adjusted If any of these dimensions vary in the finished truss unit(s), ".2 1offset from C.L. Joint to C.L. Bearing of 5 assumed profile grade to top of cap dimension of 1'-6" and an Top of abutment cap elevations shown have been set using an F401 otherwise. Concrete clear cover to edge of reinforcement is 2" unless noted Note: 15 - F501 at Equal Spaces - Top & Bottom of Footing Stem Footing Wingwall 13'-10" 5'-6" 7'-9"" 4 33 5'-7" B401 12 13'-10"Str. B402 15 3'-10"2" B501 24 3'-8"Str. W501 W502 4 4 3'-3" Str. W503 W504 8 4 3'-9" Str. F502 F501 " P.D.4 33 B402 2'-8" 8 "2" P.D. W504 S402 Str. "2 12 " P.D.2 12 1'-11"1'-10" 7'-2" 5" 8"10" 4 ' - 1 1 " 4 ' - 1 1 " 15 - F402 (Stem Front Face) & 15 - F502 (Stem Back Face) at Equal Spaces 2 2 2 ( T y p . ) 2'-11" 3'-8" 8" 1 ' - 0 " 2" P.D. 2'-6" joint material after the joint material has set. The Contractor shall verify separation of the backer rod from the can be sealed in the same day. sealing. Unless otherwise noted, do not install more backer rod than Manufacturer's literature based on the joint width at the time of Use an appropriately sized backer rod at the depth shown in the when the average 24 hour air temperature is between 40° and 80° F. Manufacturer shall be observed. The sealant shall be installed only The temperature limitations recommended by the sealant Silicone Joint material and installation shall conform to Section 809. Note: Approach Slab Edge of 4 ' - 0 " ( T y p . ) 3 ' - 4 " ( T y p . ) 8 " ( T y p . ) 5 ' - 6 " 1 ' - 6 " 4 ' - 0 " " 8 1 3 ' - 2 (By Others) Bearing Assembly No Scale ANCHOR BOLT DETAIL designed by Others) projection, etc. embedment length, Bolt (grade, diameter, Galvanized Anchor L e n g t h E m b e d m e n t Stem Top of P r o j e c t i o n 12 4 Abut. No. 1 - Elev. 1268.51 Abut. No. 2 - Elev. 1269.49 3 3 " 8 7 3 ' - 3 dimensions must be adjusted accordingly. further excavation, and any affected subgrade, the Engineer may require or concrete. Upon examination of the placement of formwork, reinforcing steel, the Engineer for approval prior to the subgrade material shall be evaluated by elevation shown is complete, the measurements. Once excavation to the estimated based on limited field Bottom of footing elevations shown are (Shown Looking Back at Abutment No. 1) to the item "Unclassified Excavation for Structures - Bridge". not be paid for separately, but shall be considered subsidiary Drainage pipe, granular backfill material, and filter fabric will additional details, see Std. Dwg. No. PU-1. backfill material shall be wrapped with geotextile fabric. For length of the footing for a width of 2'. The layer of granular mineral aggregate or other approved material) along the abutment shall be backfilled with granular material (Class 5 the back face of the abutment stem, and the back face of the A 4" dia. drainage pipe shall be placed atop the footing along JSB/SFH 3" B403 10 3'-8"2" B403 8 "2" P.D. 2'-6" B403 (Typ.)Stem End Faces) 2-F402 (Typ. Both F402 and F502 (Typ.) B402 spaced with " 8 7 1 ' - 6 1 Y : \ P r o j e c t s \ F a y e t t e v il l e _ 2 0 0 3 3 2 _ V e t e r e n s P a r k P e d B r id g e \ D e s ig n \ B R ID G E \ D r a w in g s \ 0 4 0 9 2 2 _ 1 1 _ A B _ 0 0 1 . d g n W O R K S P A C E : E t h a n . B a k e r A R D O T3 / 5 / 2 0 2 5 9 : 2 1 : 17 A M R E V IS E D D A T E : No.20113 REKAB.B.R N A HTE LICENSED PROFESSIONAL ENGINEER ARKANSAS STATE O F DATE: DATE: DATE: SCALE: FILENAME:DRAWN BY: 3/5/2025 BRIDGE ENGINEER PRINT DATE: CHECKED BY: W501, W502, B501 B501 (Ea. Face) W503 (Ea. Face) W504 (Ea. Face) 1'-0" 3 " c lr . V a r ie s 1'-6"3'-0" 3'-0" F402 9 - F401 at Equal Spaces - Top & Bottom F501 F502 B402 1 ' - 6 " Felt Paper 2 Layers of Const. Jt. Req'd Slab Detail See Approach 3 " c lr . (Typ) B401 4 ' - 0 " pipe, sloped to drain. 4" dia. drainage 5 ' - 6 " 7'-6" Match Trail Slope 1 1 V a r ie s 6 " 9 - S401 at 12" O.C. S401 @ 12" max O.C. 1'-0" 10'-0" S402 @ 12" max O.C. S401 (Typ.) concrete walks) (when placed adjacent to " Preformed Joint Material2 1 FED. AID PROJ. NO. Beg. or End of Bridge Finished Grade Line C C o - - �n+ o O t U T > 7 O O N O _ O N C O N E O C Y N D ----- r-F 'O O n m L O 2 yEj O I I 0.0 Original Ground Line 3 III-IIILIIIII-IIII-IIII = I II=IIII- �//ice ' •• • ! 0 0 I L.5 I Illy �il�\ o I I �I��I - -, w 0 IIII-IIII=IIII=III=IIII- - o a I I =1 III n� I I II I(W `0 0 I I IIII ,IN I �� •• IIII - - - - III=IIII=IIIII=IIII-IIII-IIII=IIII=IIII Backfi I I - Placed in Horizontal layers. EMBANKMENT CONSTRUCTION AND FOOTING BACKFILL AT VERTICAL WALL ABUTMENTS Slope Intercept Station - See Layout Finished Grade Line Beg. or End of Bridge ------------ L 1 y - End Slope Location o when Slope Intercept O Station not shown a I I on Layout } o C� a I I Y N o End Slope Location when 0 C 7 Slope Intercept Station E = _ a _ is shown on Layout IIII-IIII-IIII-IIII-IIII I I I I III IIII-1 I- -11- IL= -I I -III = =III = =111=1111=1 I I EMBANKMENT CONSTRUCTION AT SPILL -THROUGH PILE END BENTS Slope Intercept Station - Beg. or End of Bridge See Layout Finished Grade Line 0 - U N > 00 N !L J W a= C O E o � Y N � Es O I 1 w � I-11-IIII_=)1111 IIII-111/=1 II 1=IIII- = IN= Original Ground Line _ � I 1 I 1 IIIII I-�--�---- Original Ground Line End Slope Location when Slope Intercept Station not shown on Layout End Slope Location when Slope Intercept Station is shown on Layout Backfi I I - Placed in Horizontal layers III-IIIII=IIII-IIIIII-IIII-IIII=(IIIII=IIII=IIII - EMBANKMENT CONSTRUCTION AND FOOTING BACKFILL AT SPILL -THROUGH END BENTS VERTICAL WALL ABUTMENTS Toe of Fill Slope I Slope as Shown on Bridge Layouts Guard Rail i Slope Intercept Station as Shown on Layout C.L. Bridge I SPILL -THROUGH END BENTS WITH TURNBACK WING DATE DATE DATE DATE REVISED FILMED REVISED FILMED B I ARK. JOB NO. EMBANKMENT & BACKFILL 55000 Toe of Fill Slope Slope as Shown on Bridge Layout i I I Berm i I ' Guard 7Rail — I SPILL -THROUGH END BENTS WITH STUB WING Toe of Fill Slope r T- I i I � � I Slope as Shown Guard Rail on Bridge Layout � � I i i I � � I Slope Intercept Station as Shown on Layout C.L. Bridge I - - SPILL -THROUGH END BENTS WITH TRANSITION WING METHOD OF DETERMINING FILL SLOPE LOCATION AT BRIDGE ENDS GENERAL NOTES STANDARD DETAILS FOR The Bridge End Embankment shall be defined as a section of embankment, EMBANKMENT CONSTRUCTION AND not less than 20 feet long adjacent to the bridge end, together with the side slopes and slopes under the bridge end including around the end of BACKFILL AT BRIDGE ENDS wingwalls. Embankment adjacent to structures shall be constructed in 6 inch horizontal layers (loose meosure) and compacted by the use of mechanical equipment to the satisfaction of the Engineer. Refer to Subsections 210.09, 210.10 and 801.08 for construction requirements. ARKANSAS STATE HIGHWAY COMMISSION LITTLE ROCK, ARK. DRAWN BV, KDH DATE, 2-27-2014 FILENAME, b55000.dgn CHECKED BY, BEF DATE, 2-27-2014 SCALE: NO SCALE DESIGNED By, STD. DATE, - DRAWING NO.55000 Embankment must be placed to elevation of bottom of cop before beginning construction of open obutment.No payment will be made Finished Grade for excavation in new embankment. End of Bridge - - - - - Sub rade� g OPEN ABUTMENT R.C. COLUMN BENT Limits of Pay Natural Excavation Ground Line 1 r Rock Line EXCAVATION FOR STRUCTURES - ABUTMENT IN NEW EMBANKMENT 4" INTERIOR BENT IN NEW EMBANKMENT 8" 18" AND NATURAL GROUND Footing not Footing in rock in rock Channel Excavation Existing Ground Line 18� E 1 IS" 188 1 18" Limits of Pay Excavation EXCAVATION FOR STRUCTURES - BRIDGE LOCATION WITH DESIGNATED CHANNEL CHANGE DATE DATE DATE DATE FEMgp0p STATE FED. AID PROJ. NO. TWEET ,O,ti REVISED FILMED REVISED FILMED 0PELN16 �a. SEEES 5 ARK. JOB NO. O RIPRAP & EXCAV. 55001 �Beg.Bridge `o 4) - Berme I — Width of Channel covotion In Riprop Ar 0 I 2 Width of honnel Excavation I ou ide Riprop Area A Q Channel Bottom ELEVATION OF RIPRAP BERME WITH RIPRAP B o Bow ,� See Detail c Beg. Bridge a`o A ' ' B - l --------------" " B Berme Toe of Fill Slope� I, � \ Width of Channel Excavation Embankment must be placed to elevation of bottom A In Riprop Area cap and/or wing before beginning construction of PLAN OF DUMPED RIPRAP 2 Width of Channel Excavation Finished Grade Limits of Pay open abutment. No payment will be made for excavation rof in new embankment. 1 outside Riprop Area Excavation `- LEVATION OF R AP Channel Bottom f/ - - - BE E WITHOUT RIPRAP — o Riprop Natural Ground Line Subgrade R.C. COLUMN BENT -Riprop Filter Blanket 2 or flatter �o� 3' 9" Subgrade I - - - - - - - Natural Ground Line Rock Line Channel Bottom ;a - C3 Grade Elevation 8„ o Filter Blanket Q ; , SENON B-B M Limit when using Excavation for toes 90' dumped Riprop is not a pay item Theoretic egin of Slope OPEN ABUTMENT Beg. Brid9 EXCAVATION FOR STRUCTURES - WITH TURNBACK WINGS SECTION A -A ABUTMENT IN NATURAL GROUND 4 EXCAVATION FOR STRUCTURES - [ir (Toe Excavation in Soil) \ 1B" ABUTMENT IN NEW EMBANKMENT Width of Channel Excavation Footing not Footing INTERIOR BENT IN NATURAL GROUND in rock in rock Riprop In Riprop Area 2 Width of Channel Excavation outside Riprop Area 2 or flatter OPEN ABUTMENT WITH Channel Bottom Finished Grade �' TURNBACK WINGS Channel B tom fff Finished Grade � � � Filter Blanket Excavated Channel Width Subgrade Filter blanket may be 90' Natural Subgrade omitted inside rock Riprop Area Ground Line Limits of Pay Excavation SECTION A -A Excavated (Toe Excavation i ock) Channel ts of Pay I Note :Use this type a toe when rock is Width :Excovatlon I Rock Line I encountered which is a stable condition. 1 Note :In lieu of a aggregate filter blanket, DETAIL C a synthetic fibe geotextile fabric complying STANDARD DETAILS FOR Rock Line // - with y be useduir ments of Subsection 616.02(e) DUMPED RIPRAP AND FILTER BLANKET L18 181, 4.. Note :Details for computing excavation for AND COMPUTING structures are included for information as EXCAVATION FOR STRUCTURES Footing not Footing IB" IS" to how plan quantities were calculated and in rock to rock Footing Footing not for use when adjusting quantities when ARKQNSQ$ STATE HIGHWAY COMMISSION changing footing elevation. EXCAVATION FOR STRUCTURES - in rock in rock LITTLE ROCK, ARK. BENT IN ROADWAY FILL SECTION EXCAVATION FOR STRUCTURES - ABUTMENT DRAWN BYI KOH DATE, 2-27-2014 FILENAME. b55001.dgn AND NATURAL GROUND IN NATURAL GROUND AND NEW EMBANKMENT CHECKED BY, BEF OATE.2-27-2014 SCALES NO SCALE DESIGNED BYE STD. DATE, DRAWING NO.55001 Joint -7 D -7 D � it. Cut sheets on skew and attach angle closure to Support skewed end of sheet. Angle to remain in place. A I A --al"I D Closure Form for this area is to include metalsupport for skewed ends of sheets. Support to remain in place. , A 1 aJ D A �j B If this area is formed in B I conventional manner, remove I forms after concrete is cured. dJ B Cover length determined Skew �I Angle B by type & pitch of sheet used. over Length L C I C PART PLAN - SQUARE SPAN Required position of bottom reinforcing steel Preclosed ends a: a• a' a ..•/ 1 Rdwy. C C 1 PART PLAN - SKEWED SPAN .44 Bottom of Flange Angle leg must allow normal placement of reinforcing without interference. Leg may be trimmed full length but may not be notched. I" min. V -, Fillet weld T bearing (typ.) SECTION B-B ( Showing permissible support for tension (I 0 flange where shear connectors are Minimum weld: 1/8"x I" a 18". More weld may be required; maximum used, and for al I compression flanges l length per weld = 11/2" (typ.) Weld in compression and tension areas where shear connectors are used. S 1{� • a 11 L Closure �• . Zee support (shown)or angles are permissible a Bottom of a • Flange Angle ( typ. 1- 2" width Inserts a 12" (max.) I " min. c Fillet Weld Preclosed ends a a • •a a ., , a 1-0-Xsteel Pitchof corrugations shown V spacing of morn rcing. (See Section C-C t.) Unless otherwise n may be formed in manner or perma forms may be used. SECTION A -A N.T.S. (Angle at end ofspan) varies • V'ts" I' I . a a ° I 4 d �I I Permanent Steel Form "" Pitch of corrugations shown F� match spacing of main reinforcing. (See Section C-C for Alt.) Unless otherwise noted, haunch may be formed in conventional Varies manner or permanent steel forms may be used. V' Cove SECTION A -A is"" detai N.T.S. (Channelot end of span) Zee Support Angle Support Angle Closure _ Angle Closure Note: Angle closures are not = required if ends are crimped. / — SKETCH OF PERMISSIBLE SUPPORTS Tension Hanger Bar Bottom of Preclosed end[ s Flange I"min. bearing (typ.) SECTION B-B I" = I'-0" ( Showing permissible support for tension flange where shear connectors are used and for all compression flanges 1 SECTION B-B SECTION B-B ( FOR CONCRETE GIRDERS ) I" = 1"-0- 1" = 1'-0" ( Showing L Closure ) ( Showing support by Insert cast in girder 1 Distance from top of slab to bottom of top flange as measured at centerline girder and as shown on superstructure detail drawings. This dimension may vary within the following limits to maintain the grade and slab thickness tolerances : Minimum - occurs when either the top flange or the support angle leg contacts the bottom reinforcing steel; Maximum = is + IY4' + flange thickness. See Section C-C for slab thickness tolerance between adjacent girder flanges. a a N.T.S. Tension Hanger Preclosed ends - Bottom of a • Z Flange Bridge Clip J min. bearing (typ.) SECTION B-B I" = 1'-0" ( Showing permissible support for tension flange where shear connectors are not used ) Top of Girder e - run full th of girder teach angle to forcing per Ti supplier 1 Bottom o Flange SECTION B-B ( FOR CONCRETE GIRDERS ) I" = 1'-0" (Showing support by Strop 1 (I)Distance from top of slab to top of girder as measured at centerline girder and as shown on superstructure detail drawings. This dimension may vary within the following limits to maintain the grade and slab thickness tolerances : Minimum - occurs when either the top of girder or the support angle leg contacts the bottom reinforcing steel; Maximum - value shown on the superstructure detail drawings when removable forms are used. See Section C-C for slab thickness tolerance between adjacent girder flanges. a 4 a ° ' Bottom of a Flange I"min. Bridge Clipr� bearing (typ.) SECTION B-B I, ,= 1'-0" ( Showing permissible support for tension flange where shear connectors are not used ) detail drawings CE'rTlnnl F)-F) Note: Only Bottom Reinforcing is shown. ORevised weld dimension by KWY, Ck'd. by BEF, 3/24/16. Form Bar support of size as required to secure proper position of reinforcing steel Cover as shown on superstructure detail drawings. Tolerance : +I/2', -1/4" I , Pitch o�rugatio� match Form Depth spacing of main reinforcing SECTION C-C Top of slab to top of permanent steel deck I" = 1'-0" form - obtain from :own on su erstructure permanent steel deck gs. Tolerance : + "" form shop drawings. 2 " - < Tolerance +I/z ", -1/4".- a a p d d SECTION C-C - ALTERNATE 1' = 1'-01, ( Applicable when corrugations do not match spacing of main reinforcement o is = slob thickness as shown on superstructure detail drawings. GENERAL NOTES Permanent steel deck forms may be used at the Contractor's option and shal I be at no additional cost to the Department. Such use may result in changes to the dead load deflection of the girder. Any cost for adjustments due to a change in the dead load deflection will be borne by the Contractor. Payment for deck concrete and structural steel will not be increased due to use of permanent steel deck forms. Permanent steel deck forms shall conform to Subsection 802.14(b). Detailed plans, including detailed calculations and manufacturer's technical brochure, shall be submitted to and approved by the Engineer before work of forming the bridge deck is started. Welding of form supports to the tension flange of steel girders will be permitted only in areas where shear connectors ore used. When welding is not allowed, the method of fastening Z or L supports to the flange must be approved by the Engineer. Form sheets shall be fastened to supporting members and to each other with galvanized metal screws sufficient in size and number to provide a secure attachment. Alternate methods of attachment must be approved by the Engineer. When the pitch of form corrugations match the reinforcing spacing, transversely align form sheets across the bridge to maintain the correct orientation of continuous reinforcing bars in the corrugations. Bar support rods, when used, shal I be sized and spaced to adequately support the bottom reinforcing mat at the required position. High chairs shall be sized to support the top mat of reinforcing at the proper position. High chairs shall be placed at locations shown on the detail drawings. Specifications: Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction (2014 Edition), with applicable Supplemental Specifications and Special Provisions. STANDARD DETAILS FOR PERMANENT STEEL BRIDGE DECK FORMS FOR STEEL & CONCRETE GIRDER SPANS ARKANSAS STATE HIGHWAY COMMISSION LITTLE ROCK, ARK. DRAWN BY, KOH DATE: 2-27-2014 FILENAME: b55005.dgn CHECKED BY, BEF DATE.2-27-2014 SCALE? NONE DESIGNED BY, STD. DATE: — DRAWING NO.55005 Bid 26-21, Addendum 1 Date: Thursday, January 22, 2026 To: All Prospective Vendors From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov RE: Bid 26-21, Construction – Lake Fayetteville Bridge and Nature Trail 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 Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. CLARIFICATIONS: a. The contractor shall be responsible for procuring the bridge for this project from a bridge manufacturer approved by the City. Approved manufacturers will be supplied to bidders via an addendum. b. Bidders may submit bridge manufacturers to the City for review and approval. Requests for bridge manufacturer approval shall be submitted to the City for review before Friday, January 30th, 2026, at 5:00pm. Bidders should reference the “Prefabricated Steel Truss Superstructure” specifications and note the requirements in Sections 1.3 and 1.4 for submitting information on potential bridge manufacturers. c. The bridge manufacturer shall employ or retain an engineer who is experienced in bridge design to be in responsible charge of all bridge engineering related tasks and design. This is a modification to Special Provision (SP) “Prefabricated Steel Truss Superstructure” section 1.4. The specification no longer requires the engineer be a direct employee of the manufacturer. d. The City shall be responsible for the removal of trees inside the ravine within the footprint of the bridge. e. Any necessary tree clearing shall occur during the inactive season of the Indiana Bat and Northern Long-Eared Bat. The inactive season spans from November 15th to March 15th. f. Veterans Park may be partially closed during the bridge delivery. The City does not intend to entirely close the park at any point during this project. The City will release a statement to notify the public of any closure. The contractor shall supply any signage necessary for the closure. g. The City of Fayetteville will remove the playground equipment from the site when necessary to allow for crane access during bridge installation. The playground area and equipment shall remain functional and open to the public as long as possible, and it’s closure shall be coordinated with reasonable advance notice to the City before bridge footer installation. The City anticipates the bridge footer installation to begin approximately four (4) weeks prior to the bridge delivery. City of Fayett evill e, AR Bid 2 6 -21, Add endum 1 Pag e 1 | 2 h. The contractor shall install and maintain appropriate barriers and safety measures to prevent public access to the construction site and the adjacent ravine at all times, especially following the removal of the existing chain link fence along the ravine. i. This project does not include any Disadvantaged Business Enterprise (DBE) requirements. 2. QUESTIONS: a. With work happening so close to trees, What is the City’s position if a tree dies? • The City recognizes that some work will occur within tree drip lines and requires the contractor exercise the maximum amount of care when performing work in these areas. If a tree is severely damaged due to the contractors negligence, the contractor may be required to mitigate the damage in a method determined by the City’s Urban Forester. This aligns with Chapter 167.05 – Tree Protection Measures and Construction from the City’s Code of Ordinances. Examples of negligence include, but are not limited to, equipment traffic within protected root zones, cutting or severing major roots, stockpiling materials against tree trunks, improper excavation, and failure to install or maintain required tree protection measures. b. Will the contractor be able to shut down the park road and access while setting the bridge? • Yes, this will be permitted with advanced planning and coordination with the City. c. The existing asphalt appears to be deteriorating and may not hold up to construction traffic. Will the contractor be responsible for replacing asphalt if damaged during construction? • Per Note 5 of the General Notes on Plan Sheet 2: The contractor is responsible for damage to existing structures, pavements, and utilities. Any damage to these items by construction activities shall be repaired by the contractor at no cost to the City of Fayetteville. d. Will the Notice to Proceed be withheld until after the bat restriction is lifted? • The allowable window for tree clearing closes March 15th and doesn’t reopen until November 15th. The City does not intend to withhold the Notice to Proceed until after the restriction is lifted again in November. The City recognizes the timing of the bid deadline and the subsequent contract approval by City Council will not leave adequate time for the contractor to complete the necessary tree clearing prior to the closure of the tree clearing window. For this reason, the City will be responsible for clearing the trees within the footprint of the bridge. 3. APPROVED BRIDGE MANUFACTURERS: a. Pioneer Bridges • Contact: Scott Dempsey – sdempsey@pioneerbridges.com b. Bridge Brothers • Contact: Stephen Simmons – ssimmons@bridgebrothersinc.com 4. ATTACHMENTS: a. Attachment A: Pre-Bid Meeting Sign In Sheet City of Fayett evill e, AR Bid 2 6 -21, Add endum 1 Pag e 2 | 2 Attachment A: Pre-Bid Meeting Sign In Sheet �' CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Attendance Sheet BID/RFP/RFQ #: Description: Function (circle one): Bid Opening, Selection Committee Meeting, Pre -Bid, Interview Date: Time: Name Company Title Gty=ffe-maili.i.d.'@fayene+il;e rgov- Phone Email W1 0to � Ran Lo--4�'1 i� M y1�aiG 1S�3-Wf-4(49R4� GM'IJM � 2 L i—i I'^ OAO'IZ1 S OhL&"JS i77i"id'f4 (.clke.,i.s Q 3 II Ep �Af �_ n4?A(_ Pam. 5vez..14-2 - y4y-.;gL4q } 4 9 I� FAT Fes_ iA � Pu n ti iR - 1 �l -' 2 -7 os av o 5 ETtk�t> J 131a ll�� M I CSC- �►a l�F1Z 1 1 6 RPrK_C-_12_ PF- �C1�- 3zce i�Ka ate. cou �+ 7 10 11 12 13 14 15 16 17 18 Meeting Notes, Decision, Description of Handouts, etc: F6 Z Bid 26-21, Addendum 2 Date: Monday, February 2, 2026 To: All Prospective Vendors From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov RE: Bid 26-21, Construction – Lake Fayetteville Bridge and Nature Trail 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 Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. CLARIFICATIONS: a. The City will work with the contractor to clearly distinguish between permitted and protected areas within tree drip lines. Areas where equipment traffic is allowed will be identified in advance, and protected tree zones where equipment traffic is prohibited will be marked with tree preservation fencing. 2. QUESTIONS: a. The plans on page 4 call out the trail concrete to be Class S(AE) Fiber Reinforced while page 9 indicates that "All other Concrete shall be Class S". What class does the Trail need to be? • The trail concrete is not Class S(AE) per ARDOT specs. Though the strength requirements are similar, the concrete mix shown on plan sheet pg. 4 (copied from City of Fayetteville Standards) is quite different than ARDOT Class S(AE). It’s best for the contractor to follow the details and notes on plan sheet 4 regarding the concrete for the concrete trail. The notes on page 9 regarding concrete only apply to the bridge. b. Does the superstructure need to be fiber reinforced? • No, use Class S(AE) concrete for the bridge deck as specified in Section 802 of the ARDOT Standard Specifications for Highway Construction. All other bridge related concrete (footings, stem walls, wingwalls, approach slabs) shall be Class S. Handrail post foundations shall be Class M. The concrete trail shall be constructed as indicated on plan sheet page 4. 3. APPROVED BRIDGE MANUFACTURER: a. Contech Engineered Solutions • Contact: Aaron Clauson – aaron.clauson@conteches.com 4. LINE ITEM MODIFICATIONS: a. 24) Approach Slab Concrete: This line item has been added with a quantity of 4.90 cubic yards. City of Fayett evill e, AR Bid 2 6 -21, Add endum 2 Pag e 1 | 1 Bid 26-21, Addendum 3 Date: Tuesday, February 10, 2026 To: All Prospective Vendors From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov RE: Bid 26-21, Construction – Lake Fayetteville Bridge and Nature Trail 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 Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. CLARIFICATIONS: a. The City will coordinate the Notice of Award and Notice to Proceed dates with the awarded contractor to allow ample time for materials with long lead times to be delivered. Items with long lead times should be ordered early in the Notice of Award period to prevent any unnecessary delays. b. Any site repairs that are required due to damage caused by the contractor during construction shall be completed to the extent necessary to restore the site to its pre- construction condition. City of Fayett evill e, AR Bid 2 6 -21, Add endum 3 Pag e 1 | 1 Bid 26-21 Addendum 3 Milestone Construction Company, LLC Milestone Construction Company, LLC Supplier Response Event Information Number:Bid 26-21 Addendum 3 Title:Construction - Lake Fayetteville Bridge and Nature Trail Type:Invitation to Bid Issue Date:1/11/2026 Deadline:2/10/2026 02:00 PM (CT) Notes:The City of Fayetteville is accepting sealed bids from properly licensed firms to install a bridge at Lake Fayetteville and construct an accessible nature trail. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at kfitch@fayetteville-ar.gov. Contact Information Contact:Kenny Fitch - Sr Procurement Agent Address:Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Phone:(479) 575-8258 Email:kfitch@fayetteville-ar.gov Vendor: Milestone Construction Company, LLC Bid 26-21 Addendum 3Page 1 of 4 pages Milestone Construction Company, LLC Information Contact:Kelli Gemmell Address:2002 S. 48th Street Suite A ste A Springdale, AR 72762 Phone:(479) 751-3560 x207 Fax:(479) 751-4841 Email:kgemmell@mstonecc.com Web Address:mstonecc.com By submitting your response, you certify that you are authorized to represent and bind your company. Erin Metcalf emetcalf@mstonecc.com Signature Email Submitted at 2/10/2026 01:35:35 PM (CT) Requested Attachments Signature Forms for Bid 26-21 Complete Bid.pdf Please attach your completed forms. These documents can be found in FILE #01 - Project Manual in the Attachments tab. Please be sure to include ALL required information stated in the Project Manual. Bid Bond for Bid 26-21 Bid Bond.pdf Please attach a completed copy of your bid bond. To be considered complete, the bid bond must be signed by the bidder and the surety company. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Procurement Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 800044464 2 Arkansas Contractor License Number: Contractor's License must have a classification relating to the scope of this project. 0156050426 3 System for Award Management (SAM.gov) Registration Number JYM2MLDCEE6F7 4 Check Yes or No: Pursuant 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. Yes, I agree No, I don't agree Vendor: Milestone Construction Company, LLC Bid 26-21 Addendum 3Page 2 of 4 pages 5 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree 6 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Mobilization (Shall not exceed 5% of the total bid price, excluding Bonds and Insurance and Trench and Excavation Safety) Quantity:1 UOM:LS Price:$9,180.00 Total:$9,180.00 2 Bonds and Insurance Quantity:1 UOM:LS Price:$9,923.23 Total:$9,923.23 3 Trench and Excavation Safety Quantity:1 UOM:LS Price:$1,113.50 Total:$1,113.50 4 Erosion Control Quantity:1 UOM:LS Price:$3,602.50 Total:$3,602.50 5 Tree Protection and Construction Fencing (Snow Fencing) Quantity:1300 UOM:LF Price:$8.12 Total:$10,556.00 6 Construction Fencing (6' Chain Link Fencing) Quantity:200 UOM:LF Price:$9.83 Total:$1,966.00 7 Clearing, Grubbing, and Demolition Quantity:1 UOM:LS Price:$9,084.20 Total:$9,084.20 8 Compacted Embankment Quantity:9 UOM:CU YD Price:$145.74 Total:$1,311.66 9 Unclassified Excavation Quantity:23 UOM:CU YD Price:$129.04 Total:$2,967.92 1 0 Aggregate Base Course (Class 7) Quantity:9 UOM:CU YD Price:$149.34 Total:$1,344.06 Vendor: Milestone Construction Company, LLC Bid 26-21 Addendum 3Page 3 of 4 pages 1 1 Geotextile Fabric (Type 9) Quantity:119 UOM:SQ YD Price:$8.19 Total:$974.61 1 2 Concrete Walks Quantity:64 UOM:SQ YD Price:$75.33 Total:$4,821.12 1 3 Hand Railing Quantity:60 UOM:LF Price:$81.68 Total:$4,900.80 1 4 Roadway Construction Control Quantity:1 UOM:LS Price:$3,275.00 Total:$3,275.00 1 5 Crushed Limestone Trail Quantity:119 UOM:SQ YD Price:$59.11 Total:$7,034.09 1 6 Bridge Construction Control Quantity:1 UOM:LS Price:$3,275.00 Total:$3,275.00 1 7 Unclassified Excavation for Structures- BRIDGE Quantity:70 UOM:CU YD Price:$38.97 Total:$2,727.90 1 8 Class S Concrete- BRIDGE Quantity:26 UOM:CU YD Price:$679.69 Total:$17,671.94 1 9 Reinforcing Steel- BRIDGE (Grade 60) Quantity:2220 UOM:Pound Price:$3.22 Total:$7,148.40 2 0 Silicone Joint Sealant Quantity:20 UOM:LF Price:$13.10 Total:$262.00 2 1 Prefabricated Steel Truss Superstructure Quantity:1 UOM:LS Price:$145,779.04 Total:$145,779.04 2 2 Seeding Quantity:1 UOM:Acre Price:$17,965.41 Total:$17,965.41 2 3 Solid Sodding Quantity:80 UOM:SQ YD Price:$31.93 Total:$2,554.40 2 4 Approach Slab Concrete Quantity:4.9 UOM:CY Price:$559.00 Total:$2,739.10 Response Total: $272,177.88 Vendor: Milestone Construction Company, LLC Bid 26-21 Addendum 3Page 4 of 4 pages CITY OF FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Procurement Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums FY-1 or marking acknowledgement on other bid pages). �� All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid Xdocuments All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. Additional Information Requested: �1 • AR Secretary of State Filing #: V q I OR submit electronically. • Arkansas Contractor License #: D J `5'yOR submit electronically. • SAM Unique Entity Identifier #: J�y l /r L t �R'submit electronically. • Pursuant 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. o Submit electronically or circle applicable answer YES or NO • Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: YES or NO T,,i-4o rm�n1c a rs r?wS+'ic'd for the Deaf TDD Xd743 S21-1 316 1 13 west ht4Lantain - FaWItpvilie, AR 72301 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 02 BID FORM Bid Number: 26-21, Construction — Lake Fayetteville Bridge and Nature Trail Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: LVG ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. SECTION 02 — BID FORM 1 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: Number n oo 2-- Date A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. E. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. F. Bidder has given Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Purchasing Division is acceptable to Bidder. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham SECTION 02 — BID FORM CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. I. Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the General Conditions. J. The bid security attached in the sum of $ y is to become the property of the Owner in the event the contract and bond are not executed within the time set forth above, as liquidated damages for the delay and additional expense to the Owner caused thereby. ARTICLE 4 — CONTRACT TIMES 4.01 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within the total completion time. Liquidated damages in the sum of $ 400.00 for each consecutive calendar day thereafter will be assessed. 4.02 Determination of Contract Time A. General The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as calendar days. The Contractor shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. The Park Planning Superintendent will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the Contractor shall complete this work in a timely manner or the Park Planning will resume time charges. B. Calendar Day Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather - related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. Days Included in Contract Times for Normal Weather - Related Events, on a monthly basis, are: SECTION 02 — BID FORM 3 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Month Days January 11 February 9 March 8 April 8 May 8 June 8 July 7 August 7 September 7 October 7 November 7 December 8 4.03 No changes in contract times will be allowed for any reason without a request in writing from the contractor. This request shall include reasons for the request with supporting documentation as proof of extraordinary delays beyond the contractor's control. Normal rainfall amounts and soil conditions will not be considered as reasons for extensions of time, nor will workload of the Contractor. The request must be submitted to the Park Planning Superintendent every week on Friday to be considered. No compensation will be made for monetary damages due to weather delay(s). ARTICLE 5 —TERMINOLOGY 5.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED one, ��(i���� v\ V 20- Arkansas State Contractor License No. 05 60 Date of Application for Licensure (if approval is pending) SAM.gov Registration Number SECTION 02 — BID FORM 4 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL If Bidder is: AN INDIVIDUAL Name (type or printed): 0 (Individual's Signature) Doing business as: Business address: Phone No.: Tax ID No.: A PARTNERSHIP Partnership Name: M FAX No.: UEI No.: (SEAL) (SEAL) (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: Tax ID No.: FAX No.: UEI No.: SECTION 02 — BID FORM 5 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL A CORPORATION f L1 1 Corporation Name: I.�V �� ,.p (SEA )' State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (type or printed): 1 i 1 �171�Y5 Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: Yl ry- 0 a- \ --� '2-- Phone No. J" 11� �; FAX No.: Tax ID No.: I`1 " ��4�4'`''� I UEI No.: �'- I � 4 — 1b r END OF SECTION 02 — BID FORM SECTION 02 — BID FORM CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 03 LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Clearing/Demolition Mechanical Plumbing Electrical Roofing/Sheet Metal Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature SECTION 03 — LIST OF SUBCONTRACTORS 1 CITY OF FAYETTEVILLE, ARKANSAS: BID 26-21, CONSTRUCTION — LAKE FAYETTEVILLE BRIDGE AND NATURE TRAIL SECTION 04 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: A/11 1)" \ 1 t)y I- I-Aj1 loll V\y> >U1 \ \ \ ) I Y\'VI.\lo e NUMBER OF YEARS IN BUSINESS: V `T HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: 1 .° FULLTIME E� PART TI M E NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (S) YEARS (All fields must be completed): 1.)-e-0-a w 9, L COMPANY}NAME o I W e CITY, ST1ATTE,,. ZI CONTACT PERSON TELEPHONE DATE COMPLETED m0h.w - (v-li �� (b, E-MAI,L1A�D^DRESS j \j D 3. \U� l r�L %� � V l � Oat 7 �Q� COMPAANNYp NAME ( I CITY, STATE, ZIP Wa A � 11/1� �1 CONTACT PERSON 33 TELEPHONE 1 I?Aih DATE COMPLETEED W E-MAIL ADDRESS 2. N tN 6U COMPANY NAME Em CITY, STATE, ZIP CONTACT PERSON e �1e11- R 2� TELEPHONE �vyk[';") DATE COMPLETED E-MAIL ADDRESS 4. COMPANY NAME CITY, STATE, ZIP CONTACT PE SON TELEPHONE'N 17-A `' DATE COMPLETED E-MAIL ADDRESS SECTION 04 - CONTRACTOR REFERENCES License No. 0156050426 ID #192 State of Arkansas Commercial Contractors Licensing Board MILESTONE CONSTRUCTION COMPANY, LLC 2002 S 48TH ST SPRINGDALE, AR 72762 MILESTONE CONSTRUCTION COMPANY, LLC This is to Certify That 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: BUILDING - (COMMERCIAL & RESIDENTIAL) MUNICIPAL & UTILITY CONSTRUCTION This contractor has ail uuiimited suggested bid limit. from May 16, 2025 until April 30, 2026 when this Certificate expires. witness our hands of the Board, dated at North Little Rock, ?Irkansas: CHAIRMAN SECRETARY May 16, 2025 - dsa 1 ® ACC) o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/16/2025 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 Sterling Seacrest Pritchard, Inc. 9900 Maumelle Blvd Suite B ACT NAME: Grant Huddleston PHONE., Ex : 501 251 1965 FAX No EAIL AD-MDRESS: huddleston ss ins.com INSURERS AFFORDING COVERAGE NAIC# North Little Rock AR 72113 INSURER A : Amerisure Mutual Insurance Co 23396 License#: 70726 INSURED MILECON-02 Milestone Construction Co., LLC 2002 South 48th Street INSURER B: Atlantic Specialty Insurance Co 27154 INSURER C Springdale AR 72762 INSURER D : INSURER E : INSURER F : t1C0TICIr`ATC K!"RAFIFR• 119rA91R REVISION NUIVIt7tti: %,V V CnMUCJ v�l. .. vr.. � .. v........ .. ,...... .. .. 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. ILNSR TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y Y CPP20262172202 12/1/2025 12/1/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 Blkl Contractual X X XCU Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- POLICY JECT 7 LOC A OTHER: AUTOMOBILE LIABILITY Y Y CA20262142202 12/1/2025 12/1/2026 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR Y Y CU20336522002 12/1/2025 12/1/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X IRETENTION$ n WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ER _ X STATUTE EERH $ A Y WC20262352102 12/1/2025 12/1/2026 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) A N/A E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Blanket Builders Risk 790021010-0009 12/1/2025 12/1/2026 Limit Per Jobsite Deductible $10,000,000 $2,500 Wind/Hail Deductible $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Builders Risk Sub Limits - $1,500,000 Frame Construction / $5,500,000 Joisted Masonry Construction. The following applies when required in a written contract or agreement: Certificate holder and owner are included as additional insureds on a primary and non-contributory basis with respect to General Liability (including completed operations), Auto Liability and Umbrella. Waiver of subrogation is provided on General Liability, Auto Liability, Umbrella and Workers Compensation. CERTIFICATE HULLIEH V^I\VCLL^II ***For Bidding Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP ES NTATIVE V IJVV'LV IJ ^VVlly vv..• v..r�..v... .-... ..�. .v .v......��. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Search Incorporations, Cooperatives, Banks and Insurance Companies This is only a preliminary search and no guarantee that a name is available for initial filing until a confirmation has been received from the Secretary of State after filing has been processed Please review our NAME AVAILABILITY GUIDELINES HERE prior to searching for a new entity name. Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the Sec;eiary of State's office. Corporation Name MILESTONE CONSTRUCTION COMPANY, LLC Fictitious Names Filing # 800044464 Filing Type Limited Liability Company Filed under Act Domestic LLC; 1003 of 1993 Status Good Standing Principal Address Reg. Agent SAM R. HOLLIS Agent Address 2002 S. 48TH ST. SPRINGDALE, AR 72762 Date Filed 10/20/2004 Officers SEE FILE, Incorporator/Organizer GINA R. MORAN , Tax Preparer Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good PTw Fra chj e Tex for trios, ;; r;Rr ttion Standing for this Entity Document A31 0 T11 -2010 CONTRACTOR: (Name, legal starus and address) Milestone Construction Company, LLC 2002 S. 48th Street, Suite A Springdale, AR 72762 OWNER: (Name, legai status and address) City of Fayetteville, Arkansas SURETY: (Name, legal status and pr7ncipal place o f _business) Travelers Casualty and Surety Company of America One Tower Square Hartford. CT 06183 BOND AMOUNT: $ Five Percent of Bid Amount ---- (5%) PROJECT: (Name, location or address, and Project number: i f anj) Lake Fayetteville Bridge and Nature Trail The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed die am ount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. XVaiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. XV en this Bond has been furnishedto comply with a statutory or other legal requirement in the location of the Project, any provision n1 this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that dais Bond shall be construed as a statutory bond and not as a common law bond. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original ALA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Init. AIA Document A3101" - 2010. Copyright@ 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Signed and sealed this IOth day of February , 2026 (TVitrtass) Milestone C struction Company, LLC (C It/or as Pt irtcipal P crl) J4, f/- IYA Wr-.4 T it e) Travelers Casualty and Surety Company of America (Szc� etv) (Seal) (Title.) William H. Griffin, Attorney f n/Pact Init.AIA Document A3101" — 2010. Copyright 2, 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dMilbutlon o/ this AIA" Document, or any portion of It, 2 may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. Travelers Casualty and Surety Company of America AIM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William H Griffin of NORTH LITTLE ROCK , Arkansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. imuT aJHP� e owma o�� State of Connecticut City of Hartford ss. By: Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 10th day of February , 2026 e:z,om, ,TY Ah0 a .�Y C Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-411-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttornev is attached.