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Home My WebLink About140-84 RESOLUTION• c RFSOL[TPION No, 140-84 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH OLSON CONSTRUCTION COMPANY. FOR IMPROVEMENTS TO THE CITY'S WASTEWATER TREATMENT PLANT. BE IT RESOLVED BY THE BOARD OF DIRECRORS OF THE CITY OF FA LLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Olson Construction Company for improvements to the City's Wastewater Treatment Plant at a total contract price of $21,232,000.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. This resolution shall be effective upon approval of the aforesaid contract by the Arkansas Department of Pollution Control and Ecology. PASSED AND APPROVED this 4th day of December , 1984. APPROVED: BY: \ . G�G�G"v Mayor \14�� .,'1i l\ • le n.��y., ~'Y `p .Clerkmil 444 No.' • • • e • • 5 • 167 CONTRACT THIS AGREEMENT, made and entered into on the AT. day of Dateenere 19,0, by and between Olson Construction Company herein called the Contractor. and the City of Fayetteville, Arkansas. herein called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: Invitation to Bid; Instructions to Bidders; General Conditions; Supplementary Conditions; Specifications; the Proposal and acceptance thereof; Summary of Work and Schedule and Sequence of Operations; and the Drawings. Wastewater Treatment Plant Improvements Contract A 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within consecutive calendar days from said date. NG17335.A1 Contract the Owner hereby agrees to pay to the Contractor for the ful performance of this Agreement, subject to additions and ns as provided in the Specifications or Proposal, in e13i8ilmoney of the United States, the amount of: Y�pJE MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO 100 '-------------------------------............ ................... .�.- ....................... to .. --------------------,--:.----.Do11ars ($ 21;232,000.00 :$ea on the Lump Sum Price contained herein. That on or before the 15th day of each calendar month, the Second If 8ydulyshall certifiedrandlapprovedsto the estimateContractor basis work performed the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be wihelby the Owner until all work within a articular part has P withheld strictly in accordance with this Agreement and until such work has.been accepted by the Owner. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid' at the rates designated in the Proposal, plus any monies paid by the Owner to the Engineer for additional engineering and inspection services associated with such delays. ▪ It is further mutually agreed between the parties here▪ to that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful_.. performance of the work shall be furnished in manner and form satisfactory to the Owner. MG17335.A1 Contract 2 • No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. EN WITNESS WHEREOF, the parties hereto have,n thendne and date first above wri�tcounterparts, each of which ax; e '?r*shall, without proof or accounting for the other counterpart be deemed an original Contract. executed this Agreement WITNESSES: • ATTEST: App ave(f as to o>4/ tforney for Owner MG17335.a1 3 Olson Construction Company Contractor .1.,.a.-- ********* ,& 4,4 Title CITY OF FAYETTEVILLE **eft. //,- Title CGntratt • SUPPLEMENT 1O CONTRACT This SUPPLEMENT 1n CONTRACT made and entered into on the s,•a�' day of QrcE,n[3F-� , 1984, by and between Olson &Erection Company, herein called the "Contractor", and the City : iyetteville, Arkansas, herein called the "Owner". ggE S, on this date the Owner and the Contractor are executing „tract "A" for improvements to the Owner's wastewater treatment lent which contract is incorporated herein by reference thereto; and wgRFAS, the Contractor and the Owner desire to supplement said • tract. NOW, THEREFORE, the Contractor and the Owner hereby mutually w rse as follows: 1. That 13 of the aforesaid contract is hereby supplemented ty adding the following: . The Owner's obligation to pay the Contractor the amount of $21,232,000 shall be payable solely from the Owner's sewer improvement construction fund which fund shall consist of only (1) federal grant funds received by the Omer under the Clean Water Act for EPA Project No. C-050366-11, and (2) proceeds from the Owner's sale of sewer improvement bonds. IN WITNESS WHEREOF, the Contractor and the Owner have executed this Supplement to Contract on the date first above written in nine (9) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original supplement to contract. OLSON CONSTRUCTION COMPANY By:A.l�!/!4 Title: /k,,, f WITNESS: CITY 0 AYETTEVI .-•: ARKANSAS BY: eedziet, /fl Mayor y Clerk APPROVED AS TO FORM: r a. or Owner • • CONTRACT MODIFICATION (Change Order) Contract Modification No.. 4 Owner: Project Name: Contractor: Fayetteville, Arkansas Wastewater Treatment Plant Improvements Olson Construction Company Cris 62 -o// Rai Po -8• DATE: 7/2/85 Project No. MG18766.A2 The following modifications to the contract are hereby ordered: (Use additional pages if required) Add a Jones Belt Filter Press with new conveyor belt in conformance wltb the plans and specifications contained in the request for proposals dated April 1985 proposal from Olson Construction Company dated July 1, 1985. as modified by the This contract modification constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this contract modification, the contractor hereby agrees that the modification represents an equitable adjustment to the contract, and further, agrees to waive all right to file any further claims or changes arising out of or as a result of this change, or the accumulation of changes on this Contract. Contract Amount: Contract Duration/Completion Date: Belt Filter Press Administration Bldg Phase ISII Phase III *From receipt of written order APPROVED: FAYETTEVILLE P.O. Drawer F Fayetteville, Arkansas 72701 By Date: jd/MGDS/011 Original Previous Contract Changes 521,232,000 ($130,816) 365 days 1/1/1987 9/1/1987 OLSON CONSTRUCTION CO. 3300 Rock Irving, and Road Date: This Change Revised Contract $286,200 521,387,384 *14 Weeks *14 Weeks CH2M HILL 2657 Fai Montgom By: Algvne Date: 7�6"M S Fane Drive ry, AL 36 FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY MANAGER 72702 May 31, 1985 FEP - 104 Mr. Myron Knudson, P.E. Director, Water Management Division EPA Region VI 1201 Elm Street Interfirst Two Building Dallas, Texas 75270 Re: 4th Quarterly Progress Report Fayetteville, Arkansas Docket No. VI -83-756 Dear Mr. Knudson: • (501) 621.7700 Per the requirements of paragraph C, page 3 of the above referenced administrative order, this letter serves as Quarterly Progress Report No. 6. The following has been completed during the months of March, April, and May, 1985: 1) Olson Construction Company has continued mobilization efforts, including construction of haul and access roads, preparation of spoil areas, and construction of a flood protection dike. 2) The Contractor has completed a laydown yard and storage building and is continuing to receive and store materials. 3) The Contractor is continuing earthmoving operations in the effluent storage reservoir area and has completed approximately 16% of the required excavation. The slurry trench subcontractor is currently scheduled to mobilize early in June to start construction of the slurry trench around the perimeter of the effluent storage reservoir. 4) Excavation for the primary influent pump station and the chlorine contact tank has been completed. The Contractor is continuing subgrade backfill and compaction in these areas in preparation for the first concrete pours expected next month. al ME. (2) 5) The Contractor is continuing to place and compact fill material at the site for the new treatment plant. Approximately 20% of the required fill for this area has been completed. The fill for the new administration building is receiving first priority and concrete pours for the building foundation are also planned next month. 6) The Notice to Proceed on Phase 2 of Contract A was received by Olson Construction Company on 'May 12, 1985. 7) Change Order No. 1 incorporating the Phase 1 and Phase 2 Grant Amendments has been processed. Change Order No. 2 for deleting mechanical seals on several pumps for a deduct of $ 69,447 has also been processed. 8) The first study period for the Pilot Plant has been completed and the first interim report was issued on May 15, 1985. On March 5, the Pilot Plant was switched to the A20 mode of operation. During March, effluent nitrogen averaged .3 mg/1 and effluent phosphorus averaged .5 mg/1. The first study period ended April 15, and for the first half of the month, effluent nitrogen averaged .2 mg/1 and effluent phosphorus averaged .71 mg/1. In summary, construction activities are now underway in several areas, and although progress to date has been somewhat slow, a significant improvement is anticipated during the next report period along with improving weather conditions. We will continue to work towards attainment of our final effluent limitations at the earliest possible date. BF/skb c.c. Dennis Sandretto Vernon Rowe Don Bunn Logbook File 3430 Very truly yours, Donald . Grim City Manager fot- 016 r .NOA FAYETTEVILLE, ARKANSAS OFFICE OF CITY CLERK 113 W. MOUNTAIN STREET 72701 CERTIFICATE (501) 521-7700 Attached is a copy of the Payment Bond furnished by Olson Construction Company for construction of the City of Fayetteville's Wastewater Treatment Plant. F E MLLE CITYC RK ACKNOWLEDGEMENT State of Arkansas ) )SS County of Washington) Subscribed and sworn to before me, on this;g5 day of June, 1986. My Commission Expires: f-7 99 �iY/�I-fJ ARY PUBLIC a DC0169 STATE OF ARKANSAS Bond No. ... Amount : $ oDd� PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS,.that we, Olson Construction Company as Principal and Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Fayetteville, Arkansas and represented by its Purchasing Agent, hereinafter called Owner, in the sum of TWENTY.rONE... MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100 ...... .... .. .Dollars 232:000.00 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,. by these presents; the said sum being 100 percent of the amount of the Contract. WHEREAS, the above named Principal has entered into a Contract with the above Owner, dated this day of 4 19..., to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared -by the Owner's Consulting Engineers, CH2M HILL, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounden Principal shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, Invitation to Bid, Instructions to Bidders, the Contractor's bid as accepted by the above Owner, the Bid and Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and further that if said Principal shall promptly make payments to all persons supplying materials, equipment, M17335.A1 Payment Bond 1 v and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in -said contract in accordance with Arkansas Statutes, and further, that if said Principal shall abide by and be governed by the conditions of said Arkansas Statutes providing that the whole amount due -under said contract shall not be paid until said work shall have been inspected and accepted by the City of Fayetteville; and further, if the retainage'provided in the General Conditions shall remain unpaid :ntil such final inspection and acceptance of the work by the Owner; and further, that if said Principal shall promptly repay the Owner any sum.which,it may be compelled to pay because of any claim for tabor or material furnished for the work expressed in said Contract, :yen this obligation --shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all ;uarantee,periods,as-specifically mentioned in.said Contract documents; by A'o, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to De furnished -thereunder, -or in the Plans, Drawings, and - Specifications accompanying the said Contract shall affect said obligation -of -said -Surety on this Bond, and the said Surety does tereby waive notice of any such changes, extension of time, alterations; -.or additions of the terms of the Contract, or to the vork, or to the Drawings and Specifications. Claimant shall give written notice to.the Contractor and to the Surety as required by srkansas Statutes. Any actions against the Contractor or the Surety stall-,be,brought'within the time -.specified by. Arkansas:Statutes. M17335.A1 Payment Bond 2 bay 1 se- t IN WITNESS. WHEREOF, said Olson Construction Co.Rany •.. .... . as Principal and Contractor hereunder, has caused these presents to be signed°.in-.. nine (9,,_,,,.).original counterparts in hIk:hame41 and:, witnessed by, two anteng,tani, Rk� .rri.bing -witnesses and the said . Ut{IjEO I.T. r. as Surety::has`.:taused:,these_ presents i_to: be_s.igned. in original- counterparts. in its name by its f:.r.Jj .%W-,4' �"X.. i r ; .:... _ under: _its corporate: seal, this Zar day. of + ?!LJ .,.,.:- signed, •sealed and. delivered in. Olson Construction Company presence f Principal Contractor As to Principal HEftfit Title UNI.TEO SI/TEs: �T:i fi ' GUANArY. COMPANY Suretf • ...Attorney -in -Fact 'j (Power -of -Attorney to be attached) iL44 h 4� GC•K " 4(1-01-4------ By•yl �� .J<.::� _ = As t Su ety , ReslQent Agent LcJ- //'^fmn 7 ; � f es,... NOTE: The SURETY named on this bond shall be one who is licensed to "nee -1-,---s conduct business in the state where the project is located, and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the SURETY at the time of the signing of this bond. M17335.A1 Payment Bond 3 A • W. D. GRAUE, INC. DALLAS • HOUSTON • BATON ROUGE • KANSAS CITY SAN ANTONIO • DENVER June 12, 1986 REPRESENTING MANUFACTURERS OF MUNICIPAL AND INDUSTRIAL PROCESS AND CONTROL EQUIPMENT PLEASE REPLY TO: 6301 GASTON, SUITE 610 DALLAS, TEXAS 75214 OR P.O. BOX 141168 DALLAS, TEXAS 75214 PHONE: 214/827-7481 APPLICATION FOR CERTIFIED COPY OF PAYMENT BOND PROJECT: Fayetteville, Arkansas WWTP Improvements Contract A, Project #MG17355.A1 EPA No. C-050366-11 LOCATION: Box 106A, Route 5, Fox Hunter Road Fayetteville, Arkansas 72701 PRIME CONTRACTOR: Olson Construction Co. Irving, Texas TO: Ms. Suzanne Kennedy, City Clerk City of Fayetteville 113 W. Mountain St• Fayetteville, AR 72701 Werhereby make application for a certified copy of the Payment Bond furnished by the above Contractor on the above Project for the following reason: This company has entered into a contract to furnish specially fabricated material on the above project. We enclose herewith an affidavit, properly executed. For your_convenience, we also enclose.a self-addressed, stamped envelope which may be used for mailing the copy of the Payment Bond to us. WDG/js Att: • Very truly yours, 'GRADE. INC. 951111Z10 -- William aD. ` Graue Page 2 Ms. Suzanne Kennedy June 12, 1986 AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS W.D. Graue, Inc., by and through William D. Graue its duly authorized Agent, hereby makes known that said Corporation has entered into a Contract with Olson Construction Co. and has furnished specially fabricated material (e.g. Lobe Pumps, DPS Primary & Secondary Scum Pumps) used in the construction of the following Project: Fayetteville, Arkansas WWTP Improvements Contract A, Project #MG17355.A1 EPA No. C-050366-11 Fayetteville, Arkansas and that payment therefor has not been received. W.D. Graue, Inc. William D. Graue President and General Counsel STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared William D. Graue , to me known, who stated that he is President and agent of W.D. Graue, Inc. and that as such President he is authorized to execute the foregoing affidavit, and that he has read the same, and that the facts therein are true and correct. W.D. Graue, Inc. /4/ William D. Graue President and General Counsel SUBSCRIBED AND SWORN TO BEFORE ME, on this the 12th day of June 1986 Notary Public in and for Dallas County, Texas, My commission expires April 9, 1989. 441v/A- WO/crN 1 , i i CONTRACTOR: Olson Construction Company FAYETTEVILLE WASTEWATER MANAGEMENT SYSTEM WASTEWATER TREATMENT PLANT IMPROVEMENTS CONTRACT A VOLUME 1 Specifications FRONT DOCUMENTS THROUGH DIVISION 10 For City of Fayetteville, Arkansas For information regarding this project, contact: John Lannon , P.E. Gainesville, Florida •, 904/377-2442 September 1984 CH2M HILL No. MG17335.A1 EPA No. C-050366-11 CH2M CCHILL PREPARED BY: CH2M HILL AND McCLELLAND CONSULTING ENGINEERS, INC. kYA:t • • Engineers Planners Economists Scientists November 30, 1984 MG18515.A2 Mr. Robert Franzmeier Project Coordinator City of Fayetteville P.O. Drawer F 113 West Mountain Fayetteville, Arkansas 72702 Dear Bob: • • Subject: Recommendation of Award of Contract A --Wastewater Treatment Plant Improvements We have completed our review of the bid proposals received on November 20, 1984, for the ccnstruction of the Wastewater Treatment Plant Improvements, Contract A. Four bids were received for Contract A. The certified base bid tabulations are attached for your review. The alternate equipment identified by Olson Construction Company has been evaluated and is summarized in Tables 1 and 2. The recommended subbid items, shown in Table 1, are valued at $63,000. The items not recommended are shown in Table 2. Olson Construction Company submitted a base bid amount of $21,295,000. Adjusting their base bid for the recommended subbid items, the actual bid amount is $21,232,000 ($21,295,000 — $63,000). Olson. Construction Company was the lowest bidder. We have reviewed the references of Olson Construction Company and have found they have performed similar work over the last few years and they appear qualified to construct the new.facilities. It is recommended that Olson Construction Company be awarded Contract A for the amount of $21,232,000. This award should be contingent upon the APCE approving the payment schedule and award package to be submitted the next few weeks to the APCE. CH2M HILL INC. Gainesville Office 7201 N.W. 11Th Place, P.O. Box 1647, Goinesviee Florida 32602 904.377.2442 EasyLink 62508220 Telex 756070 • Mr. Robert Franzmeier Page 2 November 30, 1984 MG18515.A2 If you have any questions, please contact me. Sipcerly, John M. Lannon, P.E. ab/gnCR2/15 Attachments xc: C. Thompson/MGM/att V. Rowe/MCC/att T. Ivy/APCE/att • • • BID TABULATION aF� FAYETTEVILLE WASTEWATER MANAGEMENT SYSTEM WASTEWATER TREATMENT PLANT IMPROVEMENTS • CONTRACT A • 1 • BID DATE: NOVEMBER 20, 1984 - 1:30 P.M., LOCAL TIME PROJECT NO. MG17335.A1; EPA NO. C-050366-11 DATED SEPTEMBER 1984 BIDDERS - LUMP SUM BASE BID* RANKING Blount Construction Montgomery, AL.36116 $24,295,000 3 • Brinderson Corporation 21,875,000 2 Irvine, 'CA 92714 Olson Construction Co. Irving, TX 75060 21,295,000 1 Carothers Construction, Inc. Water Valley, MS 38965 25,972,375 4 *The subbid items listed in the Bidder's Proposal had no impact.on the ranking of the bidders. gnCR2/15c • • APPROVED BY: / 1 � Yf62--- ohn M. Lannon, P.E. DATE: November 30, 1984 • • • • • Table -1 OLSON CONSTRUCTION COMPANY APPROVED SUBBID ITEMS Specification Number Title Ecuipment Deduct Value 11037-1 Vertical.Turbine Bj+ron Jackson Models Pumps 181CCE and 16GL $63,000 11047-1 Lobe Pumps Tuthill Model 600 $11,000 11373 Digestion Centrifugal --Lamson Model $37,000 Blowers 1406-0-0-0-4-2AD TOTAL VALUE OF APPROVED SUBBIDS $63,000 1. The acceptance of these items is contingent upon the Contractor meeting the items in the Proposal, which states all additional construction costs are included in his bid price. The recommended items are not approved.until all submittal procedures are followed and the equipment is accepted via the shop drawing review process. gnCR2/15a • Table 2 OLSON CONSTRUCTION COMPANY NOT RECOMMENDED SUBBID ITEMS Section 11020-1, Raw Sewage Pumps --$35,000 A Flygt submersible dry pit pump was submitted as an alternate item. The pump submittal requires more horsepower than the specified pump. The Flygt motors submitted do not meet the efficiency requirements specified. Also., the Flygt pumps are not..a direct dry pit type .pump as was specified. Sections 11221 and 11340, Primary Clarifiers and Secondary Clarifiers --$28,000 and $11,000 WestTech clarifier mechanisms were submitted. as subbid items. The overall workshop and quality of WestTech in our opinion, is not equal to Don -Oliver clarifier which was identified as the base bid item. The weir and baffles for the clarifiers were not identified. Detailed drawings and submittal information were not submitted with the bid so a detailed review of the equipment could be done.. • Section 11234, Chlorination Equipment --$30,000 The subbid item listed for this equipment was Durkin. Durkin is an Instrumentation and Control Subcontractor/ Supplier, not an equipment manufacturer. A Fischer Porter catalog brochure was submitted with a Durkin brochure. It is not possible to evaluate the system with just brochures. The specification calls for a complete chlorination/ sulfonation system. The submittal did not identify any sulfonation equipment or system requirements. The.subbid item could not be evaluated because of a lack of information and it was not bid to the specification which called for a complete chlorination/sulfonation system. Section 11379, Aeration Eauipment--$6,000 A Douglas diffuser was submitted as a subbid item. Sufficient information was not submitted to verify the performance of the equipment (i.e., oxygen transfer tests, etc.). The diffuser is a new product for Douglas and has not been used in an application as large as Fayetteville. It is not an equivalent to a Sanitaire system, in our opinion. Section 11490, Engine Generator --$12,000 • An 1800 rpm Cummins natural gas generator was submitted as the subbid item. The specification called .for a 1200 rpm machine which is a heavier duty type machine. The 1800 rpm machine is not equal to a 1200 rpm machine and is not the intent of the specification. gnCR2/15b J Engineers Planners >.=..1. r1 Economists Scientists ADDENDUM NO. 3 .TO THE CONTRACT DOCUMENTS for the construction of the Wastewater Treatment Plant Improvements Contract A City of Fayetteville, Arkansas To All Planholders: Gentlemen: Date: November 13, 1984 Project No.: MG17335.Al EPA No.: C-050366-11 The following changes, additions, and/or deletions are, hereby made a part of the Contract Documents for the construction of the Wastewater Treatment Plant Improvements, dated September 1984 as fully and completely as if the same were fully set forth therein: SPECIFICATIONS - - - - - - 1. EPA SPECIAL REQUIREMENTS A. GENERAL CONDITIONS - CG -244 (Rev. 2-1-79) RESPONSIBILITIES OF PRIME CONSTRUCTION CONTRACTOR ON STEP 2+3 AND STEP 3. DELETE "CG -244", pages 1, 2, and 3, and REPLACE'with • RESPONSIBILITES OF PRIME CONSTRUCTION CONTRACTORS (11-12-84), attached. 2. SUPPLEMENTARY CONDITIONS A. Pages 2 and 3, DELETE in its entirety ARTICLE "EMPLOYEES". 3. SECTION 01009, SUMMARY OF WORK A. Page 4, Paragraph GENERAL CONSTRUCTION WORK, DELETE, "The • Contractor for General Construction shall execute all work including site, structural, architectural, process piping, and equipment, except plumbing, heating, ventilating, air conditioning, and electrical work." 4. SECTION 03300, CONCRETE A. Page 11, REPLACE Paragraph CIRCULAR STRUCTURES with the following: . . -- "CIRCULAR STRUCTURES Forms shall conform to the circular shape of the structure. Straight panels may be substituted for • circular forms if they do not exceed 2 feet in width nor • deflect more than 3-1/2 degrees per joint, and do not conflict otherwise with these Specifications and/or the Drawings. Comply with wall form requirements above also." ii MG17335.Al Addendum No. 3 1 5. SECTION 07130; BENTONITE WATERPROOFIN• G A. Paragraph A. SCOPE, ADD the following: i'• "At the filter building, bentonite waterproofing shall be provided beneath the mechanical room, No. 408 (as designated on Sheet No. 1-S-18), pipe gallery - No. 407 and stairs - No. 406." 6. SECTION 11020-1, DPS - RAW SEWAGE PUMPS A. Page 5, for "Mounting," DELETE "Vertical hollow shaft" and ADD, "Vertical solid shaft." 7. SECTION 11039-2, DPS - DENITRIFICATION PUMPS A. Page 3, Paragraph DISCHARGE HEAD TYPE, DELETE "Provide stuffing box bleedoff connection." 8. SECTION 11047-1, DPS - PRIMARY AND SECONDARY SCUM PUMPS A. Page 1, Paragraph EQUIPMENT NUMBERS, DELETE: "P-02-5 P-02-6 P-02-7 P-02-8" then ADD: "P-04-5 • P-04-6 P-04-7 P-04-8" Paragraph QUANTITY, DELETE "...one spare pump..." and ADD "...one spare -pump, motor, and frame, complete..." • B. Page 2, Paragraph PERFORMANCE REQUIREMENTS, for "Maximum Speed," DELETE "165 rpm" and ADD "190 rpm." C. Page 3, Paragraph SHAFTS, DELETE "...Type 316 stainless • steel..." and ADD "...Manufacturer's standard carbon steel..." Paragraph BEARING LUBRICATION, DELETE "Grease..." and ADD • 9. SECTION 11234, CHLORINATION AND SULFONATION EQUIPMENT AND ACCESSORIES MG17335.Al N Addendum No. 3 2 • A. Page 13, third paragraph in description of LOOP 08-9, DELETE "HS-08-9(START/STOP] to START or STOP exhaust fans." ADD "HS-08-9-1[START/STOP] to START or STOP all 5 emergency exhaust and supply fans. Receive a discrete input at FP -08-1 from HS-08-9-(2,3)[START/STOP] to START or STOP exhaust fans SF -11. Similarly, HS-08-9-(4,5)[START/STOP] shall START or STOP exhaust fans SF -8." 10. SECTION 11389, AUTOMATIC DISCRETE/COMPOSITE SAMPLERS A. Page 3, Paragraph SAMPLER DESCRIPTION, ADD the following to the last paragraph: "The weatherproof enclosure shall be provided with insulation and a space heater with thermostat to maintain a minimum temperature of 40 degrees F." DELETE in its entirety the third paragraph beginning with "Each sampler shall be capable of operating..." and ADD the following: "Each sampler shall be capable of operating as either a twenty-four bottle sequential sampler or a composite sampler. Twenty-four, 500-mi polyethylene containers with full snap -on lid and carrying case and one 11 -liter polyethylene composite container shall be suppled with each sampler, including the spare." 11. SECTION 14325, CYLINDER HOIST OR MONORAIL SYSTEM - GENERAL A. Pages 3 and 4, Paragraph TRACK, DELETE "...The lower load carrying flange of the monorail and spur tracks shall be a minimum of 3 -1/4 -inch width and shall have a raised running or wear tread..." S. Page 5, Paragraph SWITCHING STATION INTERLOCK MECHANISM, first sentence, DELETE "Provide the crane..." and ADD "Provide the monorail system..." 12. SECTION 15001-20, DPS - REINFORCED CONCRETE PIPE AND FITTINGS A. Page 2, C. WORKMANSHIP, DELETE in its entirety and ADD: r. "After the pipe has been installed and completely backfilled, conduct inndividual joint tests on all pipe. The test shall be made using an individual joint tester of sufficient width to span the joint, capable of being expanded to provide a positive seal on the interior surface of the pipe and with sufficient taps and valves to permit complete filling of the annular space with water MG17335.Al Addendum No. 3 3 Conduct the test by filling the annular space of the joint tester with water and by means of a hydraulic force pump, pressurize to 13 psig as measured at the springline of the pipe. Hold the pressure at 13 psig for 10 minutes by operating the pump as necessary. The pump suction shall be in a barrel or other similar device so that the amount of water required to maintain the test pressure may be accurately measured. The joint will be considered acceptable if the amount of water required to maintain the test pressure is less than 0.03 -gallon per minute per foot of width of the'joint tester as measured between the sealing surfaces. The foregoing is based on a permissable leakage allowance of 200 gallons per inch of diameter per day per mile of pipe. For further requirements, see Section 15001, PLANT PIPING GENERAL." - 13. SECTION 15240, HEATING, VENTILATING, ANDAIRCONDITIONING • SYSTEMS A. Page 25, DELETE second paragraph and ADD "Exhaust fans EF-8 and EF-9 and Supply Fans SF -8, SF -9, and SF -11 shall be interlocked with the chlorine and sulfur dioxide gas leak detection circuitry so that each will automatically energize upon receipt of a leak signal.- These fans shall also be energized manually as follows: 1. All five fans shall be energized by hand switch HS-08-9-1[START/STOP] located at front, outside of chlorination building. 2. Supply fans SF -B and SF 11 shall .be energized by hand switches HS-08-9-(2,3)[START/STOP] and HS-08-9-(4',5)(START/STOP], respectively, located at each entrance to the On -Line Sulfur Dioxide Cylinder • Room and the Chlorinator Room as shown on revised Sheet No. 1-E-30." D RAW I N G S 1. DELETE Sheet No. 1-S-15 and ADD attached revised sheet. 2. Sheet 1-M-6, DELETE the note at the bottom center of sheet that reads as follows: "Contractor shall field locate existing potable -water piping inside operations building and connect new line to existing piping downstream of existing backflow preventer, field route piping inside building as required." MG17335.A1. Addendum No. 3 4 ADD the following note: -.i "Contractor shall field locate existing potable water piping inside operations building and replace existing backflow prevention system consisting of dual 6 -inch check valves and vacuum breaker with a new reduced' pressure zone backflow preventer; 6 -inch Clayton RP -1; or equal. Provide drain line from relief valve to existing floor drain. Connect new 3 -inch W1 line downstream of new backflow preventer. Field route piping inside building as required." 3. Sheets No. 1-E-29, l -E-30, and l -E-36, DELETE bound sheet and ADD attached revised sheets No. 1-E-29, l -E-30, and l -E-36. • All Bidders shall acknowledge receipt and acceptance of this Addendum No. 3 in the Proposal by submitting the signed Addendum^with the bid package. Proposals submitted without acknowledgment or without this Addendum will be considered informal. Very truly yours, CK2M H LL, INC. ohn Lannon, P.E. Receipt acknowledged and conditions agreed to this ZO•tn day of November..., 1984 OLSON CONSTRUCTION COMPANY ........................•...... a•......... Bidder By George H. Gaharan MG17335•Al Addendum No. 3 5 Ir � ::n All I 22T _m_YI M�f� -- 0I. -i1 _ - V-VYi_ JV - I - I _ � i S O ��O CQy I gg D ZIS J4iP9 mJ 9 Z H m. r tO m m9 Dm -cc zz C) Y T J T om y N t0 I f n N n g l •� W 7jD-a7-of A apn'� I I o � �-- /�+� 3� f I V i _ .rJn-oTa F ieH:--&i \1 N N • • n n u.• and n,r DC Fill .r a ou rn 14 •La a L] • n[ �( 4 � f ROm > I. y Vnlrl�mn 1 • IIIILNMry� ZD O � 1 r ro • —AI \ u--- A Fv-pGg-/ _— -, -_-- 1._I -1! t. -•-- - ---ft-�-t -. _• • I— - - - U - — TT ( I IF= 6 �° N -or< x v N ? \ 3.e as �• I IE t w \ ro/&axI u.� p \� / I g 1 N m I nrt'Iy' \ oa '0 \ m0l -IVf `1� hL•'( W w Lw n I A k N r /iH rz sm N OV _ W I z tn QI \ O§�I I mT N e y - _ a m I ---- - m e — ❑ � — a ro n _cr�1lr T ate. F4 - �TV�"f! �. -i+ � i �lM IT T � - m� g "4 I 4 ro I q 3 � < �� r`� 0. -- _— __ io h A 3 � � ^ :�! o I c;m I I In AT �a I I • II To ^ ' I w G ItiJ m al e o z� , w fl m m I U 'ec44 I •oo ti3 zt °w AN 2a �' � 4m m D m —�. <aa FO, 4\ mmm V p DTy 1 O 0 L >ym =N w I N 1 4 IT b n n y b-1 r I � C o 2n 1I op z -1 Ty �Z O O m o r f C Z I aA U $o, .t iii c iin y II; 2= r. it r7 $ th th I-4 OI L' ore Zy gym 2I11 amy az; X' m ami 2 y N a m r r y m o \n z y o p r o _a C) Z 3 C 0 i1 O ≥ i m m --I m ' In m T A 0-13 wa Ir I; I 6F_PP_ o II II R iQ I A p 1 -r'-a -• 4y � th � gz -- - - a _ m ok a Y /, mm\ .1nfl 4a 77 a gg2 ft „ Aqa 1/ v` 3R °a SSAm� /13 v Am // \ / p Q• iIipp 0 4Q II I a SI II m p �I 1 II 11 It•, a It ; / 'I It I . . / , II I I I ee , II / 1 I v i _ I I w I II ' 1p, �V gy�yl - !-. - Ni I I h af� d.4 • I iTtD 41 f , 4 1 jCI1IIIIIIIINIII N I ii 1 friT Engineers Planners , Economists a i Scientists ADDENDUM NO. 2 Date: November 2, 1984 TO THE CONTRACT DOCUMENTS Project No.: MG17335.Al • for the construction of the EPA No.: C-050366-11 Wastewater Treatment Plant Improvements • Contract A City of Fayetteville, Arkansas • To All Planholders: • Gentlemen: The following changes, additions, and/or deletions are hereby made a part of the Contract Documents for the construction of the Wastewater Treatment Plant Improvements, dated September 1984 as fully and completely as if the same were fully set forth therein: S P E C I F I CAT I O N S 1. SECTION 03300, CONCRETE A. Page 4, CEMENT, first paragraph, last line, CHANGE "...12 percent." to "...13 percent." Paragraph CONCRETE AGGREGATES, GENERAL, DELETE in its entirety and REPLACE with the following: CONCRETE AGGREGATE GENERAL •- Natural aggregates, free from deleterious coatings, conforming to ASTM C33, together with all referenced ASTM Standard Specifications, except as modified herein. Aggregates' sources shall be currently certified for use in concrete structures by the Arkansas Highway and Transportation Department. Submit • copies of this certification to the Engineer for review. Any deleterious material or potentially reactive aggregate, such as chert, shall be separated from the aggregate at the quarry or aggregate source. Local aggregates not in compliance with the soundness and durability requirements of this standard shall not be used except with prior approval of the Engineer and provided it can be shown by special testing or a record of past performance that these aggregates produce concrete of adequate strength and durability. Aggregate soundness testing for fine and 'coarse aggregates shall be in accordance with. ASTM C 88 using a sodium sulfate solution." CI -{2M HILL INC. Gainesville Office 7201 N.W. 11th Place.. P.O. Box 9647, Gainesville Florida 3602 904377.2 2778 2 2 Telex 756070 B. Page 5, Paragraph COARSE AGGREGATE, DELETE last sentence "Materials finer than the 200 sieve shall not exceed 0.5 percent." 1. C. Page 9, Paragraph POZZOLAN ADMIXTURE, ADD the following sentence at beginning of the first paragraph: "The carbon 'content by weight and the loss on ignition may exceed 3 percent provided it can be shown by special testing or records of past performance that concrete produced using' this fly ash can attain an entrained air content of between 4 and 6 percent." 2. SECTION 11340, SECONDARY CLARIFIER MECHANISM(S) A. Page 3, Paragraph INFLUENT COLUMN, DELETE first sentence and ADD "The outside diameter of the influent column shall be 44 inches." 3. SECTION 11450, APPLIANCES A. Page 3, Paragraph D. PAYMENT, after Undercounter Dishwasher, A-6 INSERT "Gas Oven, A-7". 4. SECTION 13700, PROCESS INSTRUMENTATION AND CONTROLS A. Page 17, prior to description of Loop 01-2, ADD: "BUBBLER SYSTEM Provide a system rated for operation on a 120 -volt, single-phase, 60-hz input. The bubbler system shall include but not be limited to dual compressors, their driving motors, reservoir, pressure switches, control elements, alternator, air pressure gauge, pressure regulator, air filter, level transmitters, level gauge, air set and all pneumatic piping, valves and appurtenances required for a complete and operating system, all mounted in FP -01-1. Each compressor shall be of the.pistonless type driven by a 1/6 horsepower, 120 -volt motor. Each motor shall be individually fused and be provided with thermal overload protection. The reservoir shall have a two -gallon capacity. The operation of the compressors shall be controlled by PS -01-1-7, an adjustable differential pressure switch, with DPDT contacts, through an automatic alternator. A fixed differential pressure switch, PSL-01-1-7, shall be provided to start the second compressor and provide a contact closure for remote indication of alarm on LOW pressure.. Should the second compressor be started, it shall be stopped by operation of PS -01-1-7, on HIGH pressure. MG17335.Al Addendum No. 2 2 The bubbler system shall include two differential pressure transducers which shall sense system backpressure and transmit 4-20 mA dc signals proportional to liquid level • in the wet well to the pump sequence controller. The differential pressure transmitters shall be as manufactured by Rosemount, Foxboro, or equal. The following instrumentation and control features shall be provided on the face of the Bubbler Panel: Input circuit breaker with door interlock Power "ON" light (white), QL-01-1-7 [POWER ON] Liquid level indicator, LI-01-1-7 Pressure indicator, PI -01-1-7 ON -OFF -AUTO switch for each compressor, HS-01-1-7(2)[OOA]" B. Page 20, prior to description of Loop 03-2, ADD: ".BUBBLER SYSTEM Provide a system rated for operation on a 120 -volt, single-phase, 60-hz input. The bubbler system shall include but not be limited to dual compressors, their driving motors, reservoir, pressure switches, control elements, alternator, air pressure gauge, pressure regulator, air filter, •level transmitters, level gauge, air set and all pneumatic piping, valves and appurtenances required for a complete and operating system, all mounted in a freestanding panel. Each compressor shall be of the pistonless type driven by a 1/6 horsepower, 120 -volt motor. Each motor shall be individually fused and be provided with thermal overload protection. The reservoir shall have a two -gallon capacity. The operation.of the compressors shall be controlled by PS -03-1-2, an adjustable differential pressure switch, with DPDT-contacts, through an automatic alternator. A fixed differential pressure switch, PSL-03-1-2, shall be provided to start the second compressor and provide a contact closure for remote indication of alarm on LOW pressure. Should the second compressor be started, it shall be stopped by operation of PS -03-1-2, on HIGH pressure.. I,. ,sti• MG17335.A1 Addendum No. 2 3 The bubbler system shall indlude two differential pressure transducers which shall sense system backpressure and transmit 4-20 mA dc signals proportional to liquid level in the wet well to the pump sequence controller. The differential pressure transmitters shall be as manufactured by Rosemount, Foxboro, or equal. The following instrumentation and control features shall be provided on the face of the Bubbler Panel: Input circuit breaker with door interlock Power "ON" light (white), QL-03-1-2 [POWER ON] Liquid level indicator, LI-03-1-2 Pressure indicator, PI -03-1-2 ON -OFF -AUTO switch for each compressor, HS-03-1-2(2)[OOA]" 5. SECTION 15001-8, MILL TYPE STEEL PIPE AND FITTINGS (GENERAL AND SPECIAL SERVICES) A. Page 1, A. SCOPE, DELETE first paragraph and REPLACE with the following: "This section covers the work necessary to furnish and install, complete, the mill type steel, general and special services plant piping, and fabricated steel piping specified herein, and as specified further in Section 15001, PLANT PIPING - GENERAL." Paragraph B. MATERIALS, DELETE first paragraph and REPLACE with the following: A - "Carbon steel, black, seamless or electric resistance welded, ASTM A 53, Grade B, except piping 1 -1/2 -inch and smaller' shall be ASTM A 106, Grade B. Fabricated steel pipe 30 inches and larger shall be carbon steel, black, electric fusion welded from ASTM A 283, Grade C, ASTM A 285, Grade C, or ASTM A 570, Grade C plate, straight or spiral seam, 1/4 -inch thick, unless otherwise indicated in the Piping Schedule shown on the Drawings. B. Page 3, Paragraph BUTT WELDING TYPE, DELETE first paragraph and REPLACE with the following: "Carbon steel, to match pipe wail thickness ASTM A 234, Grade WPA, conforming to ANSI 316.9 standards; all ells LR, unless otherwise designated. Fabricated fittings, 30 inches and larger, shall be carbon steel, to match pipe wall thickness, fabricated from the pipe material in accordance with the dimensions shown in AWWA C-208. MG17335.A1 Addendum No. 2 4 Paragraph BRANCH CONNECTIONS, 2 -1/2 -INCH AND LARGER, ADD the following sentence to the end of the paragraph. "Fabricated steel tees, reducing tees, or laterals shall be as specified under FITTINGS." Page 3, FLANGES. INSERT the following paragraph between the second and third paragraph: "Flanges for fabricated steel piping 30 inches and larger shall be forged steel,• AWWA C-207, Class B, hub type, faced and drilled 125 -pound flat face, ANSI B 16.1 standard." C. Page 4, Paragraph GASKETS, FOR FLANGED JOINTS, ADD the following sentence to the first paragraph: "Gaskets for fabricated steel pipe flanges shall be 1/8 -inch thick cloth -inserted rubber, full face type." D RAW I N G S 1. Revision for Sheet 1-I=4 and revision for Sheet 1-I-7, ADD the following sketch, attached. 2. Sheet 1-I-18, ADD to FP -01-1 Panel Schedule the following: Item No. Tag Number Nameplate Description -------- ---------- ------------------ 5 QL-01-1-7 Compressor Power 6 HS-01-1-7-1(OOA] Compressor No. 1 7 HS-01-1=7-2(OOA] Compressor No. 2 8 PI -01-1-7 Compressor Pressure Sheet 1-I-18, ADD to FP -03-1 Panel Schedule, the following: Item No. -------- Tag Number ---------- Nameplate --------------------- Description 11 QL-03-1-2 Compressor Power' 12 HS-03-1-2-1(OOA] Compressor No. 1 13 HS-03-1-2-2(OOA] Compressor No. 2 14 PI -03-1-2 Compressor Pressure 3. Sheet 1-M-51, ADD to Detail MAINTENANCE BAY WASTE RISER DIAGRAM, the following NOTE: "Furnish and install 12 -inch thick reinforced concrete slab beneath tank. Slab shall extend 1 foot beyond outermost edge of tank and be reinforced with No. 5 bars on 12 -inch centers, each way. Furnish and install manufacturer's standard tie down system." MG17335.Al Addendum No. 2 5 4. Sheet 1-M-52, ADD to Detail DIESEL TANK •INSTALLATION DETAILS, the following note: "Furnish and install 12 -inch thick reinforced concrete slab beneath tank. Slab shall extend 1 foot beyond outermost edge of tank and be.reinforced with No. 5 bars on 12 -inch centers, each way. Furnish and install manufacturer's standard tie down system." Detail GASOLINE TANK INSTALLATION DETAILS, ADD the following NOTE: "Furnish and install 12 -inch thick reinforced concrete slab beneath tank. Slab shall extend 1 foot beyond outermost edge of tank and be reinforced with No. 5 bars on 12 -inch centers, each way. Furnish and install manufacturer's standard tie down system." All Bidders shall acknowledge receipt and acceptance of this Addendum No. 2 in the Proposal by submitting the signed Addendum with the bid package. Proposals submitted without acknowledgment or without this Addendum will be considered informal. Very truly yours, CH2 HI , INC. n Lannon, P.E. Receipt acknowledged and conditions agreed to this 2.0x4 day of NoveTkr,,,, 1984, OLSQN CONSTRUCTION,fOMPAfIY Bidder �7 .... ...... .............................. By George H. Gaharan y. MG17335.A1 Addendum No. 2 6 S -- TO FP -O/ --I POWER ON now oc NS F4 1-h i2) OOA ✓ r _ Ns START/STOPLEAD COMPRESSOR - 1'��C2) 4''STOP LA6 COMPRESSOR" I II I I i 1f 20 'I y COMPRESSOR" COA/T/NUE AS SHOWN ON SWEET 1-I--4 MATCH LIME ADD TO SHEET 1-I- 4, P SID, UNIT PROCESS OI RAW SEWAGEPUMP/NG �i RDD TO FP -03 -/ "START/STOP t EAD COMPRESSOR $STOP LAG COMPRESSOR" CONTINUE 4S PO SNoWN ON "STARTLAO I SHEET 1-1-7 COMPRESSOR MPTC// L/NE ADD TO SWEET 1-I-7. P#ID, UN/T PROCESS 03 PERAT/ON PDDENDUM No. 2 DATED: NOY. 2,/984 CH2M FAYETTEY/LLE $'ISTE/V�TER TREATMENT PLANT IMPROVEMENTS HILL ., • OCT 2 51984 r;$a7I Engineers Planners •illa Economists Scientists ADDENDUM NO. 1 Date: October 23, 1984 • TO THE CONTRACT DOCUMENTS Project No.: MG17335.A1 for the construction of the EPA No.: C-050366-11 Wastewater Treatment Plant Improvements • Contract A City of Fayetteville, Arkansas To All Planholders: .Gentlemen: The following changes, additions, and/or deletions are hereby made a part of the Contract Documents for the construction of the Wastewater Treatment Plant Improvements, dated September 1984 as fully and completely as if the same were fully set forth therein: SPECIFICATIONS 1. INVITATION TO BID A. Page 1, DELETE "...113 W. Mountain Street, City Administration Building, Room 219 (Board Room),..." and ADD "...Room 107, Center for Continuing Education, Northeast Corner of East and Center Street (next to Hilton),...". B. Page 1, Paragraph 1, DELETE "...8th day of November 1984,..." and ADD "...20th day of November 1984,.... • 2. INSTRUCTIONS TO BIDDERS A. Page 5, Item "11. SUBMISSION OF PROPOSALS. DELETE "All Proposals must be submitted, in triplicate...". ADD "A single Proposal must'be submitted...". 3. PROPOSAL - - CH2M HILL. INC. Go/new/Ile Office 7201 N.W. 11th Place, P.O. Box 1647, Gainesville Florida 32602 904377.2442 EasyLink 62508220 Telex 756070 MG17335,Al Addendum No. 1 a 4. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY - SUPPLEMENTARY GENERAL CONDITIONS A. ADD "Arkansas Department of Pollution Control and Ecology cover letter" and "Wage Decision number 84 -AR -269, dated 9/28/84. Total 6 pages, attached". 5. SECTION 01311, SCHEDULE AND SEQUENCE OF OPERATIONS A. Page 3, Phase 3, top of page, at the end of the second column, ADD "Removal of existing Parshall Flume" 6. SECTION 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES A. Page 7, RENAME "S. PAYMENT" to "T..PAYMENT" INSERT the following NEW "S. TEMPORARY BYPASS OF EXISTING PARSHALL FLUME The Contractor, shall provide a temporary bypass of the existing Parshall Flume. The flume shall be removed as shown on Sheet I -S-58 of VOLUME 3 - DRAWINGS. The Contractor shall furnish, install and remove all necessary temporary equipment (to include pumps, piping, electrical, and miscellaneous appurtenances) to accomplish the bypass, complete. Projected wastewater flows at the time of the bypass are 6 mgd - average day flow, and 20 mgd - peak hour flow. The Contractor shall submit in writing to the Engineer his plan for implementing the temporary bypass not less than 30 days prior to the construction." 7. SECTION 02350, SLURRY TRENCH CUTOFF WALL A. To entire section, total 11 pages: wherever the word "slurry" is used it shall be REVISED to read "bentonite clay slurry". B. Page 9, Backfilling Mixing, 1st paragraph, DELETE last line "Excess slurry which may drain away from the mixing operations shall be diverted back into the trench." ADD, "Excess bentonite clay slurry which may drain away from the mixing operations shall be diverted back into the mixing pit or cutoff trench." . C. Page 11, Item "D. PAYMENT", DELETE in its entirety and REPLACE with the following: "Payment for the work in this section will be included as part of the lump sum bid amount stated in the Proposal." MG17335.A1 Addendum No. 1 2 The Contractor shall base his bid price on an average trench depth of 24 feet below existing grade. Adjustments to the total lump sum bid will be made by written Change Order during construction and shall be based on the actual quantity of work required and the unit price stated by the Contractor in the PROPOSAL, Page 13, UNIT PRICES FOR ADDITIONS, CHANGES, OR DELETIONS, Item SLURRY TRENCH CUTOFF WALL. Additions or deletions to the total lump sum bid amount will be made at the unit price per square foot of one trench wall measured along the vertical face of the trench wall. Payment shall constitute full compensation for all work including borings, slurry preparation, excavation, mixing of backfill, and completion of the soil-bentdnite wall. Quantities for payment purposes.will be determined by computing the theoretical depth of the.wall between the top of the wall shown on the Drawings and the bottom of the wall, 3 feet below the top of the weathered shale stratum as encountered in the soil borings and as measured every 50 feet along the wall alignment. The square footage of wall shall be determined by multiplying the measured•depth of the wall by the length of the wall between adjacent measuring points." 8. SECTION 03300, CONCRETE A. Page 32, TYPE W-5 (FORM LINER), Item INSTALLATION, Third Paragraph, DELETE the word "...stainless...". 9. SECTION 07130, BENTONITE WATERPROOFING A. Page 1, Item A. SCOPE, first paragraph, DELETE'"...and the • Secondary Effluent Pumping Station." 10. SECTION,11020-1, DPS - RAW SEWAGE PUMPS A. Page 3, STUFFING BOX, DELETE "To hold five rows minimum of graphite -impregnated, braided asbestos packing. Provide ASTM A 48 cast iron split gland." B. Page 3, MECHANICAL SEAL, DELETE this paragraph and ADD the following: "Provide each pump listed in this Specification with a factory -assembled cartridge type mechanical seal, consisting of a stainless steel shaft sleeve, flush/quench gland „ self -aligning stationary and rotating seal rings, self-cleaning rotating unit with springs positioned out of the process fluid, spring -loaded, and self -aligning stationary unit that compensates for stuffing box misalignment. Sealing face shall be grade 658RC carbon while ceramic seal rings shall be 99.5% alumina oxide. All metallic components shall be constructed of Type 316 stainless steel, except the coil springs shall be of Hastelloy C. Seal shall be guaranteed not to fret the shaft, and shall be Chesterton 123, or equal." MG17335.A1 Addendum No. 1 • 3 11. SECTION 11020-2, DPS - FILTER BACKWASH PUMPS A. Page 3, STUFFING BOX, DELETE "To hold five rows minimum of graphite -impregnated, braided asbestos packing. Provide ASTM A 48 cast iron split gland." B. Page 3, MECHANICAL SEAL, DELETE this paragraph and ADD the following: "Provide each pump listed in this Specification with a factory -assembled cartridge type mechanical seal, consisting of a stainless steel shaft sleeve, flush/quench gland, self -aligning stationary and rotating seal rings, self-cleaning rotating unit with springs positioned out of the process fluid, spring -loaded, and self -aligning stationary unit that compensates for stuffing box misalignment. Sealing face shall be grade 658RC carbon while ceramic seal rings shall be 99.5% alumina oxide. All metallic components shall be constructed of Type 316 stainless steel, except the coil springs shall be of Hastelloy C. Seal shall be guaranteed not to fret the shaft, and shall be Chesterton 123, or equal." C. Page 4, SPARE PARTS FOR EACH PUMP, DELETE "...packing,..." and ADD "...mechanical seal,...". 12. SECTION 11021, AERATION BASIN DRAIN PUMP A. Page 4, STUFFING BOX, DELETE "To hold five rows minimum of graphite -impregnated, braided asbestos packing. Provide ASTM A 48 cast iron split gland." B. Page 5, MECHANICAL SEAL, DELETE this paragraph and ADD the following: "Provide each pump listed in this Specification with a factory -assembled cartridge type mechanical seal, consisting of a stainless steel shaft sleeve, flush/quench gland, self -aligning stationary and rotating seal rings, self-cleaning rotating unit with springs positioned out of the process fluid, spring -loaded, and self -aligning stationary unit that compensates for stuffing box misalignment. Sealing face shall be grade 658RC carbon while ceramic seal rings shall be 99.5% alumina oxide. All metallic components shall be constructed of Type 316 stainless steel, except the coil springs shall be of Hastelloy C. Seal shall be guaranteed not to fret the shaft, and shall be Chesterton 123, or equal." MG17335.A1 Addendum No. 1 4 C. Page 6, SPARE PARTS FOR EACH PUMP, DELETE "...packing,..." and ADD ".:.mechanical seal,...". 13. SECTION 11039-1, DPS - RETURN ACTIVATED SLUDGE PUMPING SYSTEM A. Page 7, IMPELLER TYPE, DELETE "Mixed flow propeller,..." :.'.5 and ADD "Mixed flow design, propeller type (no shroud),...". B. Page 8, STUFFING BOX, DELETE paragraph in its entirety. C. Page 8, MECHANICAL SEAL, DELETE paragraph in its entirety. D. Page 8, SEAL LUBRICATION, DELETE paragraph in its entirety. E. Page 9, SPARE PARTS FOR EACH PUMP, DELETE "Complete set packing,...". 14. SECTION 11039-2, DPS - DENITRIFICATION PUMPS A. Page 3, IMPELLER TYPE, DELETE, "Mixed flow propeller,..." and ADD "Mixed flow design, propeller type (no shroud),...". B. Page 4, STUFFING BOX, DELETE paragraph in its entirety. C. Page 4, MECHANICAL SEAL, DELETE paragraph in its entirety. • D. Page 4, SEAL LUBRICATION, DELETE paragraph in its entirety. E. Page 4, SPARE PARTS FOR EACH PUMP, DELETE "Complete set packing,...". 15. SECTION 11043-1, DPS - DIGESTED SLUDGE PUMPS A. Page 2, STUFFING BOX, DELETE "To hold five rows minimum of graphite -impregnated, braided asbestos packing. Provide ASTM A 48 cast iron split gland." B. Page 3, MECHANICAL SEAL, DELETE this paragraph and ADD the following: "Provide each pump listed in this Specification with a factory -assembled cartridge type mechanical seal, consisting of a stainless steel shaft sleeve, flush/quench gland, self -aligning stationary -and rotating seal rings, self-cleaning rotating unit with springs positioned out of the process fluid, spring -loaded, and self -aligning stationary unit that compensates for stuffing box misalignment. Sealing face shall be grade 658RC carbon while ceramic seal rings shall be 99.5% alumina oxide. All metallic components shall be constructed of Type 316 • stainless steel, except the coil springs. shall be of ' Hastelloy C. Seal shall be guaranteed not to fret the shaft, and shall be Chesterton 123, or equal." MG17335.Al Addendum No. 1 5 C. Page 3, S@ARE PARTS FOR EACH PUMP, DELETE "...packing with lantern ring," and ADD "...double mechanical seals,". 16. SECTION 11047-1, DPS - PRIMARY AND SECONDARY SCUM PUMPS A. Page 3, STUFFING BOXES, DELETE "To hold five rows minimum of braided Teflon impregnated asbestor packing and an ASTM B 62 bronze or Teflon lantern ring. Provide Type 316 stainless steel split gland with stainless steel studs." B. Page 3, MECHANICAL SEAL, DELETE this paragraph and ADD the following: "Provide each pump listed in this Specification with a factory -assembled cartridge type double mechanical seal, ;. consisting of a stainless steel shaft sleeve, flush/quench gland, self -aligning stationary and rotating seal rings, self-cleaning rotating unit with springs positioned out of the process fluid, spring -loaded, and self -aligning stationary unit that compensates for stuffing box misalignment. Sealing face shall be grade 658RC carbon while ceramic seal rings shall be 99.5% alumina oxide. All metallic components shall be constructed of Type 316 stainless steel, except the coil springs shall be of Hastelloy C. Seal shall be guaranteed not to fret the shaft, and shall be Chesterton 241, or equal." C. Page 4, SPARE PARTS FOR EACH PUMP, DELETE "Complete set packing," and ADD "Complete double mechanical seal,". 17. SECTION 11490, NATURAL GAS ENGINE GENERATOR SET A. Page 1, SUBMITTALS DURING CONSTRUCTION, DELETE "Equipment suppliers shall furnish the following information to the Engineer prior to bid opening:" and ADD "Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION. Submittals shall contain but not be limited to the following:". 18. SECTION 15001, PLANT PIPING - GENERAL A. Page 2, Item 4, top of page, ADD "For locations where thrust block is required on pipes larger than 24 inches in diameter, submit calculations and Drawings supporting proposed thrust blocking arrangement." 19. SECTION 15080, MANUALLY OPERATED VALVES AND CHECK VALVES A. Page 11, TYPE 817, top of page, DELETE "...Series 15A Prince Valve, Inc.,..." and ADD "...Series 12A and 12B Prince Valve, Inc.,...". I MG17335.A1 Addendum No. 1 6 1 D RAW I N G S Al .1. Sheet C-2-9, Section D, ADD "Trench cap shall be onsite excavation material as required for dike embankment." All Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the Proposal by submitting the signed Addendum with the bid package. Proposals submitted without acknowledgment or without this Addendum will be considered informal. Very, truly yours, GUM HI LL,,, INC 7 ohn Lannon, P.E. Receipt acknowledged and conditions agreed to this 2Qth day of Noveruher..., 1984, OLSON CONSTRUCTION COMPANY Bidder ......... ............................. By George H . . Gaharan * * * I. MG17335.Ai Addendum No. 1 7 9 DCO161 THE CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT DOCUMENTS for the construction of the WASTEWATER TREATMENT PLANT IMPROVEMENTS CONTRACT A CONSISTING OF: BIDDING REQUIREMENTS CONTRACT FORMS CONDITIONS OF THE CONTRACT SPECIFICATIONS DRAWINGS CH2M HILL I� . Gainesville, Florida September 1984 Copyright 1984 CH2M HILL Project No. MG17335.A1 EPA Project No. C-050366-11 Copy 1100.. e DCO162 CONTENTS Pages VOLUME 1 PART 1 - BIDDING REQUIREMENTS ------- ------------ INVITATION TO BID 1- 5 INSTRUCTIONS TO BIDDERS 1- 8 PROPOSAL 1-19 BID BOND 1- 2 EPA SPECIAL REQUIREMENTS a)Minority Business Responsibilities of Prime Contractor (CG -244, CG -245a, CG -245b, CG -310) b)M/W/S B.E.P. (CG -373) c)Statement About Equal Opportunity (CG -211) d)Certification of Nonsegregated Facilities (CG -212) e)Certification on Debarment (CG -404) PART 2 - CONTRACT FORMS CONTRACT 1- 3 PERFORMANCE BOND 1- 3 PAYMENT BOND 1- 3 PART 3 - CONDITIONS OF THE CONTRACT ---------- -- --- -------- GENERAL CONDITIONS 1-35 EPA GENERAL CONDITIONS 1-10 SUPPLEMENTARY CONDITIONS 1- 8 EPA SUPPLEMENTAL GENERAL CONDITIONS 1-69 PART 4 - SPECIFICATIONS -------------- DIVISION 1 - GENERAL REQUIREMENTS 01000 Abbreviations 1- 2 01009 Summary of Work 1- 5 01011 Site Conditions 1- 5 01014 Protection of the Environment 1- 3 01015 Archaeological Finds 1- 2 -S 01016 Safety Requirements and Protection of Property 1- 6 01070 Cutting and Patching 1- 4 01300 Submittals During Construction 1-14 01311 Schedule and Sequence of Operations 1- 8 01500 Temporary Construction Facilities and Utilities 1- 7 MG17335.A1 Contents Pages 01600 Material and Equipment Shipment, Handling, Storage and Protection 1- 3 01610 Manufacturers' Services 1- 6 01700 Contract Closeout 1- 3 01710 Cleaning 1- 3 • DIVISION 2 - SITE WORK 02015 Move In and Site Preparation 1- 3 02020 Demolition, Relocation, Removal and Evaluation of Equipment 1- 5 02102 Clearing, Grubbing, and Stripping 1- 3 02200 Earthwork 1-15 02280 Soil Treatment 1- 3 02350 Slurry Trench Cutoff Wall 1-11 02431 Catch Basins and Inlets 1- 3 02444 Chain Link Fence and Gate(s) 1- 5 02483 Planting i-10 02485 Finish Grading and Grass 1- 7 02501 Storm Sewers 1- 4 02502 Underdrain System 1- 3 02560 Manhole Construction 1- 4 02578 Monitoring Wells 1- 5 02601 Access Road and Parking Area 1- 6 02618 Pavement Marking 1- 2 02630 Concrete Curbs and Sidewalks 1- 4 DIVISION 3 - CONCRETE ,03210 Reinforcing Steel 1- 4 03251 Expansion and Construction Joints 1- 7 03300 Concrete 1-39 03361 Shotcrete 1- 6 DIVISION 4 - MASONRY 04230 Reinforced Hollow Unit Masonry 1-13 04252 Masonry Veneer 1- 9 DIVISION 5 - METALS 05500 Fabricated Metalwork and Castings 1-14 05520 Handrails and Railings 1- 6 DIVISION 6 - WOOD & PLASTICS 06100 Rough Carpentry 1- 9 06200 Finish Carpentry 1- 6 DIVISION 7 - THERMAL & MOISTURE PROTECTION 07130 Bentonite Waterproofing 1- 3 07194 Underslab Vapor Barrier 1- 3 07210 Building Insulation 1- 4 07410 Preformed Metal Panel Systems 1- 5 07510 Built -Up Bituminous Roofing 1- 6 07572 Fluid Applied Deck Coatings 1- 6 07600 Flashing and Sheet Metal 1- 6 07800 Roof Accessories 1- 3 07900 Sealant 1- 4 MG17335.Al Contents if Pages ie I DIVISION 08100 08211 08300 08410 08520 08710 08800 8 - DOORS & WINDOWS Metal Doors and Frames Flush Wood Doors Special Doors Aluminum Entrances and Storefronts Aluminum Windows Finish Hardware Glazing DIVISION 9 - FINISHES 09250 Gypsum Wallboard 09300 Tile 09510 Acoustical Ceilings 09650 Resilient Flooring and Base 09900 Painting DIVISION 10 - SPECIALTIES 10150 Compartments and Cubicles 10200 Louvers, Vents, and Dampers 10400 Identifying Devices 10500 Lockers and Benches 10520 Portable Fire and Safety Equipment 10651 Chlorine Scales 10800 Toilet and Bath Accessories 10999 Miscellaneous Specialties MG17335.Al Contents 3 1- 8 1- 6 1- 5 L- 7 1-27 1- 3 1- 4 1- 4 1- 3 1- 5 1- 4 1- 4 1- 6 Pages VOLUME 2 DIVISION 11 - EQUIPMENT 11020 Nonclog Dry -Pit Centrifugal Pumps - General 1- 6 ..` 11020-1 DPS - Raw Sewage Pumps 1- 7 11020-2 DPS - Filter Backwash Pumps 1- 6 11021 Aeration Basin Drain Pump 1-10 11023 Portable Nonclog Centrifugal Drain Pump 1- 5 11037 Vertical Turbine Pumps - 1- 5 General 11037-1 DPS - Effluent Pumps 1- 7 11039 Vertical Pumps - General 1- 6 11039-1 DPS - Return Activated Sludge 1-26 Pumping System 11039-2 DPS - Denitrification Pumps 1- 7 11043 Positive Displacement Progressing Cavity Pumps - General 1- 5 11043-1 DPS - Digested Sludge Pumps 1- 6 11047 Lobe Pumps - General 1- 6 11047-1 DPS - Primary and Secondary Scum Pumps 1- 6 11062 Submersible Sump Pump Systems - General 1- 3 11062-1 DPS - Effluent Pump Station Recycle Pumps 1- 3 11063 Submersible Sump Pump Systems - General 1- 3 11063-1 DPS - Sump Pump Package Systems 1- 2 11074 Chemical Metering Pumps - General 1- 3 11074-1 DPS - Liquid Alum Feed Pumps 1- 5 11221 Primary Clarifier Mechanism(s) 1-10 11230 Biological Phosphorus Removal System 1-10 11234 Chlorination and Sulfonation Equipment and Accessories 1-29 11300 LOX (Liquid Oxygen) System 1- 7 11330 Automatic Strainer 1- 5 11340 Secondary Clarifier Mechanism(s) 1-11 11365 Liquid Chemical Storage Tanks i- 1 11372 Reciprocating Air Compressors 1- 7 11373 Digestion Centrifugal Blower Systems 1-18 11373-1 DPS - Filtration Blower System 1-11 11374 Mechanical Aeration Equipment 1-14 11375 Miscellaneous Mixers 1-10 11379 Diffused Aeration Equipment 1-15 11382 Filtration Equipment - General 1-27 11385 Positive Displacement Blower Systems 1-16 11389 Automatic Discrete/Composite Samplers 1- 6 11400 Parshall Flume 1- 3 11450 Appliances 1- 3 11490 Natural Gas Engine Generator Set 1- 8 11502 Miscellaneous Tanks and Appurtenances 1- 7 11600 Laboratory Equipment and MG17335.Al Contents Pages Materials 1-17 DIVISION 12 - FURNISHINGS 12345 Plastic Laminate Laboratory Casework 1-10 1250O Window Treatment 1- 4 DIVISION 13 - SPECIAL CONSTRUCTION 13125 Fabricated Weirs and Baffles 1- 4 13126 Fiberglass Shelter 1- 5 13700 Process Instrumentation and Controls 1-83 DIVISION 14 - CONVEYING SYSTEMS 14310 Filter Building Jib Crane and Hoist 1- 2 14320 Hoist and Monorail Systems - General 1- 6 14320-1 DPS - Digested Sludge Pump Station 1- 2 Monorail and Influent Pump Station Monorail 14325 Cylinder Hoist or Monorail System - General 1- 9 14325-1 DPS - Chlorine Cylinder Storage Area Monorail and Sulfur Dioxide Cylinder Storage Area Monorail 1- 2 14335 Portable Gantry Cranes 1- 3 14336 Portable Hoist 1- 2 DIVISION 15 - MECHANICAL 15000 Piping and Valve Schedules 1- 2 15001 Plant Piping - General 1-22 15001-2 DPS - Cement -Lined Ductile Iron Pipe and Fittings 1- 4 15001-3 Glass -Lined Ductile Iron Pipe and Fittings 1- 5 15001-8 DPS - Mill Type Steel Pipe and Fittings (General and Special Services) 1- 8 15001-14 Polyvinyl Chloride (PVC) Pipe and Fittings 1- 3 15001-19 DPS - Stainless Steel Pipe and Fittings 1- 7 15001-20 DPS - Reinforced Concrete Fittings 1-.2 15001-25 DPS - Copper and Copper Alloy Pipe, Tubing, and Fittings 1- 3 15001-31 DPS - Miscellaneous Building Drainage Systems (Gravity) 1- 5 15012 Miscellaneous Hoses, Tubing, and Accessories 1- 3 15013 Miscellaneous Piping Specialties 1- 4 15014 Miscellaneous Metering and Measuring Devices 1- 2 15080 Manually -Operated Valves and Check Valves 1-14 15082 Self -Contained Automatic Process Valves 1- 5 15083 Power Operated Valve Assemblies 1- 5 15084 Sluice Gates 1- 8 15087 Fabricated Slide Gates 1- 7 MG17335.A1 Contents Pages 15240 Heating, Ventilating, and Air Conditioning Systems 1-36 15400 Plumbing and Miscellaneous Piping Systems 1-15 DIVISION 16 - ELECTRICAL 16010 Electrical - General Provisions 1-13 16050 Basic Materials and Methods 1-15 16110 Raceways 1-13 16120 Conductors 1- 8 16155 Low Voltage Motor Control 1-10 16163 Switchboards 1- 5 16322 Primary Power Switching Station 1- 7 16450 Grounding 1- 4 16451 Secondary Unit Substations 1-15 16500 Lighting 1- 6 16610 Lightning Protection System 1- 3 16640 Cathodic Protection 1- 6 DIVISION 17 - ELECTRICAL POWER 17301 General Requirements (for Power Line Construction Projects) 1- 8 17304 Wood Pales 1- 4 17308 Direct Embedment of Poles 1- 4 17309 Aerial Conductors, Neutral Wire, and Accessories 1- 6 17310 Construction Assemblies 1- 8 SCHEDULES VOLUME 3 DRAWINGS (Bound Separately) MG17335.A1 Contents 6 DCO163 INVITATION TO BID ---------- -- --- w.. Sealed Proposals for the construction of Wastewater Treatment Plant Improvements, Contract A, addressed to the City of Fayetteville will be received at 113 W. Mountain Street, City Administration Building, Room 219 (Board Room), Fayetteville, Arkansas 72702, until 1:30 pm, local time on the 8th day of November 1984, and then will be publicly opened and read. Any bids received after time and date specified will not be considered. • LOCATION AND DRAWINGS -------- --- -------- PREBID MEETING It is strongly recommended that the Bidder attend:a meeting to review the construction sequencing and site at the City of Fayetteville Pollution Control Plant, Route 5 (Foxhunter Road), Box 106, Fayetteville, Arkansas, on October 16, 1984, at 10:00 am, local time. LOCATION The locations of the work are shown on Sheet No. G-1 of the Drawings. DRAWINGS The Drawings for the, construction of the Wastewater Treatment Plant, are. bound separately in volume 3 and dated September 1984. The project contemplated consists of modifying and expanding the Fayetteville Wastewater Treatment Plant. The major work elements are to be constructed in phases and include the following: 1. New primary influent pumping station 2. Two new primary clarifiers and splitter structure 3. Two new aeration basins, associated aeration equipment and return sludge pumping system 4. Four new clarifiers and splitter structure ie MG17335.A1=nvitation to Bid Y 5. New filtration facilities and chemical handling system A. New chlorination and sulfonation facilities B. New chlorine contact basin • 6. New post aeration basin and facilities and relocation and upgrading of the liquid oxygen system 7. New effluent pump station 8. Two new effluent storage reservoirs 9. Conversion of the existing six basins in the plant to aerobic digestion and sludge storage facilities 10. A new digested sludge pump station 11. A new digested sludge storage reservoir 12. Five new centrifugal digestion blowers and three new rotary positive displacement digester blowers in a new blower building 13. New administration building 14. Demolition of designated structures and equipment 15. Removal of designated piping 16. The construction of the new facilities will take place while the Owner operates the existing treatment plant 17. Miscellaneous modifications to the existing facilities Drawings and Specifications may be examined in the office of the City of Fayetteville, or at the office of the Engineer„ CH2M HILL, 7201 N.W. 11th Place, Gainesville, FL 32605, and McClelland Consulting Engineers at 1810 N. College Avenue, Fayetteville, Arkansas 72702. A copy of the Documents may be obtained at the Engineer's office, CH2M HILL, P.O. Box 1647, Gainesville, Florida 32602, upon pament of $250.00 for each Document. Return of the Documents is not required, and the amount paid for the Documents is nonrefundable. Partial sets are not available. FULL-SCALE DRAWINGS AVAILABLE The Drawings bound in the Documents are photographic reductions of the original tracings. Full-scale Drawings may be obtained (provided a set of reduced Drawings and Specifications is also purchased) from CH2M HILL, 7201 N.W. 11th Place, Gainesville, Florida 32605, at a cost of $300.00 per set. No return of Drawings is required, and no refund will be made. Partial original size Drawings are not available. MG17335.Al invitation to Bid 2 :• r• The following plan room services have obtained copies of the Contract Documents for the work contemplated herein: F. W. Dodge Company F. W. Dodge Company 4636 S. Harvard Avenue (74135). 1100 N. University Avenue Suite B Suite 102 P. 0.. Box 54605 Little Rock, Arkansas 72207 Tulsa, • OK 74155 F. W. Dodge Company Construction News 5700 Brodmoor P.O. Box 2421 Suite 100 715 West 2nd Mission, Kansas 66206 Little Rock, Arkansas 72203 ' •, Attention: Mrs. Thersa Parrish F.W. Dodge Reports F.W; Dodge Company McGraw-Hill Information Systems Co. 2400 Poplar Avenue 3534 "B" East Sunshine Room 220 Springfield, Missouri 65804 Memphis, TN 38112 F.W. Dodge Company 1111 W. Mockingbird Lane .Suite 1200 Dallas, TX 75247 Each Proposal must be submitted, in triplicate, on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the the City of Fayetteville, Fayetteville, Arkansas in an amount not.less than 5 percent of the amount bid.• The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents.. All bid bonds, contract bonds, insurance contracts and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having his place of business in the State of Arkansas, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractors' and Business Licenses as required by State statutes. This project will be financed in part by the Environmental Protection Agency. Requirements of this office shall be complied with. MG17335.Al Invitation to Bid 3 Any contract or contracts awarded under this Invitation to Bid are expected to be funded in part by a grant from the United States Environmental Protection Agency. Neither the United States nor any of its departments, agencies, or employees is or will be a party to the Invitation to Bid or any resulting contract. This procurement will be subject to regulations contained in 40 CFR Part 33, published May 12, 1982. This project will be referred to as EPA '• Project C-050366-11. Pursuant to directives by the Environmental Protection Agency, the following shall apply: Bidders on this work will be required to comply with the provisions of the President's Executive Order No. 11375 and Executive Order No. 11246, dated September 24, 1975 and requirements issued thereunder. The requirements for Bidders and Contractors under this Order are explained in the Contract Documents. Bidders must comply with Title VI of the Civil Rights Act of 1964, the Davis -Bacon Act, the Anti -Kickback Act and Contract Work Hours and Safety Standards Act, and 40 CFR 35.936-7, 1975, and 41 CFR 60-4, 1978.' Bidders must certify that they do not, and will not maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed, or national origin. The Bidders must comply with all applicable regulations of 40 CFR 33.295, and 33.1005 through 33.1135. Bidders must comply with 41 CFR 60-4, in accordance with the requirements of the Office of Civil Rights and Urban Affairs. Bidders must certify that they will make positive efforts to use and employ small and minority owned businesses. All bidders must comply with the Buy American Provisions in Section 215 of Public Law 92-500 as amended. Environmental Protection Agency requires 100 percent Performance Bond and 100 percent Payment Bond. The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under the Contract. Before a Contract will be awarded, compliance with all EPA requirements specified in the Contract Documents will be subject to EPA review and approval. MG17335.A1 Invitation to Bid 4 Before a Contract will be awarded for the work contemplated herein, the Owner will conduct,such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this . Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. For information concerning the proposed work or for an appointment to visit the site of the work, contact CH2M HILL at (904) 377-2442. The right is reserved to reject all Proposals or any Proposal not conforming to the intent and purpose of the Contract Documents, and to postpone the award of the Contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this ..... day of 19..... CITY OF FAYETTEVILLE By................................ Sturman Mackey, Purchasing Agent VA :• MG17335.A1 Invitation to Bid 5 Y DCO164 INSTRUCTIONS TO BIDDERS ------------ -- ------- PARAGRAPH NO. TITLE PAGE --------- --- ----- c 1. FORMAT........................... . . . . ....... . . . . . . . . . . 2 2. SPECIFICATION LANGUAGE ....... . . . . . . . . . . . . . . . . . . a . . . .: . 2 3. GENERAL DESCRIPTION OF THE PROJECT .................... 2 4. QUALIFICATION OF CONTRACTORS ....................:..... 2 5. DOCUMENT INTERPRETATION. . . . . . . . . . • . . • . . . . . . a a . . . . . 2 II 6. BIDDER'S UNDERSTANDING......................00...11... 3 7. DRAWINGS. a a a a • . a a.. a a • a a a a a a a. a a a • a a a... a a a a. a a a a a a a a a 4 8. TYPE OF PROPOSAL...... . a a a a.. • . . a a a.. a a a. ..... ........ 4 9. PREPARATION OF PROPOSALS...... a a .................:.... 4 10. STATE AND LOCAL SALES AND USE TAXES.................... 5 11. SUBMISSION OF PROPOSALS... a ........................... 5 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL......'. 5 13. WITHDRAWAL OF PROPOSAL. . a a . a a a a a a a a a a a a a a a a a a a . . a ... 5 14. BID SECURITY. a.. a...... a a a a.. a.aaaaa a a.. a a a.. a a .a a a a a 5 15. RETURN OF BID SECURITY.... a a a a. a a a a. aaa a a. a a a a. aa aa a. a 6 16. AWARD OF CONTRACT. a a a a a . . . .. . . . . a a a . a .. ... . . . a . . . .. . .. 6 17. BASIS OF AWARD ......... . . . . .. . . . a . a . . a . . a . .. . . . . . . . . . . 6 18. EXECUTION OF CONTRACT ................................. 7 19. PLANS FOR CONSTRUCTION ................................ 7 20. PERFORMANCE AND PAYMENT BONDS ......................... 7 21. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND.......... 7 22. PERFORMANCE OF WORK BY CONTRACTOR .............,........ 8 23. TIME OF COMPLETION...............:........ a. a......... 8 MG17335.A1 Instructions to Bidders 1 INSTRUCTIONS TO BIDDERS ------------ -- ------- FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into 'work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE ------------- -------- "Command" type sentences are used in the Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT ------- ----------- -- --- A general description of the work to be done is contained in the INVITATION TO BID. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF CONTRACTORS ------------- -- ----------- The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. 5. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Proposal shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 10 working days prior to bid opening) an interpretation thereof. Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt of, all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. MG17335.Al Instructions to Bidders 2 6. BIDDER'S UNDERSTANDING -------- -- ---- -= Each Bidder must inform himself of the conditions relating to the . execution of the work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contractand complete the contemplated' work in strict accordance with the Contract. Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. The Owner will make available to prospective Bidders upon request and at the office of the Engineer, prior to bid opening, any information that he may have as to subsurface conditions and surface topography at the work site. Investigations conducted by the Engineer of subsurface conditions were made for the purpose of study and design, and neither the Owner nor the Engineer assumes any responsibility whatever in respect to the sufficiency or accuracy of borings, or'of the logs of test borings, or of other investigations that have been made, or of the interpretations made thereof, and THERE IS NO WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, THAT THE CONDITIONS INDICATED BY SUCH INVESTIGATIONS ARE REPRESENTATIVE OF THOSE EXISTING THROUGHOUT SUCH AREA, OR ANY PART THEREOF, OR THAT UNFORESEEN DEVELOPMENTS MAY NOT OCCUR. Logs of test borings or topographic maps showing a record of the data obtained by the Engineer's investigations of surface and subsurface conditions that are made available or bound herewith shall not be considered a part of the Contract Documents, said logs representing only the opinion of the Engineer as to the character of the materials encountered by him in his investigations and is provided only for the convenience of the Bidders. Information derived from inspection of logs of test borings, of topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. I. Each. Bidder shall inform himself of., and the Bidder awarded a Contract shall comply with, federal, state, and local laws,.. statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural.. resources, fire protection, burning and nonburning requirements', permits, fees, and similar subjects. MG17335.A1 Instructions to Bidders 3 7. DRAWINGS Where the Drawings are reduced in size from the original tracings; the amount of reduction is indicated by a note on the Drawings. Full-scale prints of reduced Drawings may be obtained at the office of the Engineer for the cost of reproduction. No return of Drawings is required and no refund will be made. S. TYPE OF PROPOSAL - - - - -- -------- A. LUMP SUM When the Proposal for the work is to be submitted on a lump sum basis, a single lump sum price shall be submitted in the appropriate place. The total amount to be paid the Contractor shall be the amount of the lump sum Proposal as adjusted for additions or deletions resulting from changes in construction. The Bidder shall furnish, in the space provided in the Proposal, a breakdown of his lump sum bid. 9. PREPARATION OF PROPOSALS ----------- -- --------- All blank spaces in the Proposal form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any Proposal shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published INVITATION TO BID. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Proposal in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power -of -attorney must be on file with the Owner prior to opening of Proposals or submitted with the Proposal. MG17335.Al instructions to Bidders 4 10. STATE AND LOCAL SALES AND USE TAXES =1 Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the work due to the qualification of the work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Proposal shall include all nonexempt sales and use taxes, unless provision is made in the Proposal form to separately itemize the tax. 11. SUBMISSION OF PROPOSALS ---------- -- All Proposals must be submitted, in triplicate, not later than the time prescribed, at the place, and in the manner set forth in the INVITATION TO BID. Proposals must be made on the Proposal forms provided herein. Each Proposal must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the INVITATION TO BID. 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF PROPOSAL Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid pride; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 13. WITHDRAWAL OF PROPOSAL ---------- -- Any Proposal may be withdrawn prior to the scheduled time for the opening of Proposals either by telegraphic or written request, or in person. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Proposals must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the work is located, in the amount of 5 percent of the total amount of the Proposal submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Proposal for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the MG17335.Al Instructions to Bidders. 5 attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. if the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF BID SECURITY ------ -- --- -------- Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Proposals are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities; other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT ----- -- -------- Within 90 calendar days after the opening of Proposals, unless otherwise stated in the INVITATION TO BID or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Proposals or will act in accordance with BASIS OF AWARD., below. The acceptance of the Proposal will be by written notice of award, mailed or delivered to the office designated in the Proposal. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Proposals. 17. BASIS OF AWARD All work for this project will be let under one Contract. If, at the time this Contract is to be awarded, the total of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests. MG17335.Al Instructions to Bidders 6 Ll 18. EXECUTION OF CONTRACT T. The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the' Contract hereto attached together with the acceptable bonds as required in these Documents, within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. 19. PLANS FOR CONSTRUCTION ----- --- ------------ The successful Bidder will be furnished five sets of Documents and three sets of full size Drawings without charge. Any additional copies required will be furnished to the Contractor at reproduction cost. 20. PERFORMANCE AND PAYMENT BONDS ----------- ---------- The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full amount of the Contract price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be. authorized to do business in the State of Arkansas, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 21. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND ------- ----------------- ---------- ---- • The Bidder who has a Contract awarded to him and who fails to promptly and properly execute the contract and furnish the Performance Bond and Payment Bond shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the -owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will MG17335.Al Instructions to Bidders 7 sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. 22. 23. PERFORMANCE OF WORK BY CONTRACTOR ----------- -- - - - - -- ---------- The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the client's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced; PROVIDED prior written approval of such reduction is obtained by the contractor from the Engineer. Each Bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. TIME OF COMPLETION - - - - -- ---------- The time of completion of the work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. The time allowed for the completion of the work is stated in the Proposal. MG17335.Al Instructions to Bidders 8 I. DCO165 1 =• NOTE TO BIDDER: Use preferably BLACK ink for completing this Proposal form. PROPOSAL City of Fayetteville To:. ..................... .. ...... .................. •.... Fayetteville, Arkansas Address: ...................:......•..•.•••••.......... .••.••••• wastewater Treatment Plant Improvements Project Title: ....................................................... CH2M HILL MG17335.A1 Project No.: EPA C-050366-11 Project No.: Bidder: OLSON CONSTRUCTION COMPANY • ............................... ................•..•... Address: 3300 Rock Island Road 7 Irving,,Texas 75060 .•......•.•....•••. Date 11-20-84 . ............................ C .............. S ........... Bidder's person to contact for additional information on this Proposal: Name: terry.A..lCrLndtaer.............. . ... .. ... .. .... •a..-.. ..... 214-790-1147 Telephone:. . 'S•• .............................................. BIDDER'S DECLARATION AND UNDERSTANDING -------- ----------- --- ------------- The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner,- and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. MG17335.Ai Proposal The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to • the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the. provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further agrees that he has exercised his own judgment regarding the interpretation of subsurface information and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his conclusions. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Proposal is accepted, he will; within 15 days, not including Sundays and legal holidays, after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. CERTIFICATES OF INSURANCE AND PERFORMANCE BONDS ------------ ----------- -------------- ----- The Bidder further agrees to furnish the Owner, before commencing the work under this Contract, the certificates of insurance and Performance Bond as specified. in these Documents. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME - - - - -------------- --- The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall complete the construction in all respects by September 1, 1987, and shall comply with the schedule identified in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. CONSTRUCTION PHASING I• The construction of the facilities identified -in this -document are to be paid for by a City of Fayetteville tax which will generate approximately $3,000,000.00 per year and EPA grant funds. Specific portions of the plant are to be funded at 85, 75, and 0 percent levels. In order for the City of Fayetteville to receive these grant funds, the construction of the facilities shall be constructed in three phases as listed below and outlined in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. Any deviations from the listed sequence may result in the State and EPA requiring the forfeiture of grant MG17335.A1 Proposal (REV) 2 funding. • The construction shall proceed in three phases. Three separate work orders (one for each phase) shall begin with an individual Notice to Proceed for each phase. The Notice to Proceed shall be issued to the Contractor prior to any work beginning in each phase. No work in any phase shall be done until the Notice to Proceed for that phase is received and signed by the City of Fayetteville and the Contractor. After the Contract has been awarded the Contractor shall prepare a detailed report identifying his schedule and sequence of construction for each of the three phases. Included with his report shall be a detailed breakdown of his payment schedule for each phase and each facility. The Payment Schedule shall be completed as shown in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS, and as described in this PROPOSAL under PAYMENT SCHEDULE. Each Notice to Proceed will be issued to the Contractor when grant funding is received. The anticipated schedule for receiving grant funding is shown below: Anticipated Grant Phase Award Date Phase 1 September 30, 1984 Phase 2 May 1, 1985 Phase 3 May 1, 1986 Anticipated Notice to Proceed December 30, 1984 June 1, 1985 June 1, 1986 The construction phasing is illustrated on Drawing No. 1-G-6. Table 1 illustrates the facilities to be constructed in Phases 1, 2, and 3. The Contractor shall prepare the bid based upon the value of work in Table 1 and Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. MG17335.Al Proposal (REV) 3 TABLE 1 PROJECT NOS. MG71335.Al and C-050366-3 PHASED CONSTRUCTION (a) • CITY OF FAYETTEVILLE, ARKANSAS Construction Column 1 Column 2 Column 3 Facilities Phase 1 Phase 2 Phase 3 1. Anaerobic/Anoxic Basins X 2. Oxic Basins X 3. Digested Sludge X Pump Station • 4. Sludge F.M. to Sludge Site X 5. Primary Influent Pump Station X 6. Primary Clarifiers X 7. Secondary • Clairifiers X 8. Sludge Storage Reservoir . X 9. Effluent Storage Reservoirs X 10. Effluent Recycle P.S. X 11. Special Site Foundations and Fill X MG17335.A1 Proposal (REV) 4• Construction Column 1 Column 2 Column 3 Facilities Phase 1 Phase 2 Phase 3 12. Monitoring Wells X 13. Generator Building and Generator X 14. Administration Building X 15. Chlorination Building (Includes Dechlorination) X 16. Chlorine Contact Basin/ Post -aeration Basin X 17. Renovation of Sludge Holding Tank and Chemical Feed Systems X 18. Conversion of Existing Four Clarifiers and Two Aeration Basins to Four Digesters, Two Sludge Storage Basins, and Blower Building X 19. Equipment Storage Building and Fuel Station X 20. Paving, Grassing, Fencing, Sidewalks, Roads X 21. Miscellaneous Piping and Electrical X MG17335.A1 Proposal (REV) 5 1-• Construction Column 1 Facilities 1 Phase 1 ------------ -------- 22. Filters 23. Effluent Pump Station 24. Effluent F.M. to Sludge Site 25. Removal of Existing Parshall Flume NOTES: Column 2 Column 3 Phase 2 Phase -------- -------- X X X X (a) An "X" indicates facilities to be constructed in that phase (i.e.: begin construction of the Primary Influent P.S. in Phase I). LIQUIDATED DAMAGES ---------- ------- In the event the Bidder is. awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner for all work awarded under the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents, plus any monies paid by the Owner to the Engineer for additional engineering and inspection services associated with such delays. The major items which shall be in operation for Phase 1, Phase 2, Phase 3 are listed in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. The liquidated damages shall be as shown below: Duration from Liquidated Damages Notice to Proceed Per Day for Period to Schedule Beyond Scheduled Construction Completion or Completion Phase Completion Date (Days) (S/Day) ---------------------------------- ------------------- Administrative 365 Calendar Days $ 300 Building - -- - 1 & 2 Jan. 1, 1987 $ 600 • 3 Sept. 1, 1987 $ 600 MG17335.Al Proposal (REV) 6 I� • Liquidated damages shall be cumulative for work not completed on schedule. The Administration Building shall be completed within 365 calendar days from Notice to Proceed: Work on the Administration Building which is not completed within 365 calendar days shall be rated at $300 per day until the work is.completed. Work not completed in Phases 1 and 2 excluding the Administration Building shall be rated at $600 per day. Work not completed in Phase 3 shall be rated at $600 per day. In the event the Administration Building, Phase 1, and Phase 2 are not completed by January 1, 1987, the liquidated rate shall be $900 per day. In the event the Administration Building, Phases 1, 2, and 3 are not completed by September 1, 1987, the rate shall be $1500 per day. In the event the Administration Building and Phase 3 are not completed by September 1, 1987, the rate shall be.S900 per day. In the event Phases 1, 2, and 3 are not completed by September 1, 1987, the rate shall be.$1,200 per day. In addition damages shall be assessed based upon the EPA administrative order described in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. In addition to the stated liquidated damages, the Contractorshall pay the Owner- any fines and legal fees incurred by the Owner due to the Contractor's failure to complete the work in accordance with the time limits set forth in this Contract. ADDENDA The Bidder hereby acknowledges that he has received Addenda No's. ...'..1...., ...?....... .... ...... ........... to these Specifications. (Bidder insert No. of each Addendum received.) SALES AND USE TAXES ----- --- --- ----- The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. The Bidder is hereby requested to breakout the following items which are included in the LUMP SUM BID price. The items listed below are to be furnished as part of this Contract, but will not be grant eligible: Therefore, any costs associated with the purchase of the materials and installation of the below listed items must be identified separately in this Proposal and on subsequent payment estimates. Specification Cost of Materials Number Description and Installation 02483 Planting S.7 ?1J00P 10999 Miscellaneous Specialties Flagpole and Flag S.. �.�.<<L'..m, Utility Cars Horizontal Sliding U•' Chalkboard MG17335.Al Proposal (REV) 7 O'er Projection Screen 12500 Window Treatment LUMP SUM BASE BID The Bidder agrees to accept as full payment for the Lump Sum work proposed under this project, as herein specified and as shown on the Drawings, based upon the undersigned's own estimate of quantities and costs, the following Lump Sum Base Bid of: �1{ IT:TY c.vc� .-r��i..•ilctiv TWO ftLM nrtc:?� «r: .I.{ ................................... -..:.Dollars A/rtY( 7f FNC Thtzj 5/}.7 zi � z7 CY:O' and. . . . . . . . . . . . . . . . . . . . . . .t'hi .............Cents S.......... (Amount written in words has precedence) The Bidder shall base the Lump Sum Base Bid upon the specified and named major equipment items as listed in the forthcoming MAJOR EQUIPMENT SCHEDULE. The Bidder further acknowledges that the Contract Award shall be based on the Actual Bid Amount which is defined as the Lump Sum Base Bid LESS any deductions for allowed substituted equal equipment listed in this Proposal. Substitute equipment is defined as equipment proposed by the Bidder as equal to the specified named equipment. Allowance of substitute equipment does not constitute a waiver of the Specifications. If the Bidder desires to offer equipment as a substitute to the Lump Sum Base Bid, he shall indicate in the schedule below the amount, if any, to be deducted from the Lump Sum Base Bid provided that the proposed ' substitution is equal to the equipment specified. In order that the Engineer may determine if the proposed substitute item is equal to that specified, full descriptive material and a detailed list of the equipment proposed shall be submitted with this Proposal. In the event that the Engineer does not allow the material or article for use as a substitute, then the material or article as specified shall be furnished for the amount included in the Lump Sum Base Bid. In the event that the Engineer allows the material or article for use as a substitute, the proposed substitute material or article shall be furnished and the Contract Price shall be adjusted accordingly. AWARD OF THE CONTRACT, HOWEVER, WILL BE MADE ON THE BASIS OF THE LOWEST ACTUAL BID AMOUNT WHICH IS DEFINED AS THE LUMP SUM BASE BID LESS ANY DEDUCTIONS FOR ALLOWED SUBSTITUTION OF MAJOR EQUIPMENT AS LISTED IN THIS PROPOSAL. Substitutions will NOT be considered after receipt of the Bidder's Proposal; unless specifically approved by the Owner and Engineer. MAJOR EQUIPMENT SCHEDULE I �* The Contractor is material to be in below for listing or D, or a'subbid will be furnished turning in bids. not responsive to hereby required to list all major suppliers of :orporated within this work. Space is provided of such suppliers. These spaces, meaning A, B, C, item, shall be circled to indicate which supplier and shall be filled in by the Contractor prior to Failure to do so may be considered by the Owner as the request for bids or intent of the Contract and MG17335.Al Proposal (REV) 8 may therefore be a cause for rejection. Sufficient time has been allowed to comply with the above intent, however, if no subbids have been received on an item, the Contractor shall supply those items listed below. Substitute equipment manufacturers may also be offered, and shall be indicated in the space below, provided that: 1. The Substitute equipment is of equal quality, function and performance to the designated Base Bid equipment item, and it will satisfactorily and continuously perform. In order that the Engineer may determine if the proposed Substitute item is equal to those specified, one set of drawings, specifications, full descriptive material as noted in Section 01300, SUBMITTALS DURING CONSTRUCTION under Proposal Submittals SHALL BE SUBMITTED WITH THE PROPOSAL. In the event that the equipment is not approved as equal, then the material or article as specified in Item A shall be furnished for the amount of the Lump Sum Base Bid. If the equipment is approved as equal, the proposed Substitute'material or article shall be furnished and the Contractor's Proposal Price will be'adjusted accordingly. Design of this project is based upon the manufacturers' equipment or product noted as the "A" item below. Listed in this Proposal and noted as the "B, C, or D" item below are alternate manufacturers whose equipment or product is deemed equal; however, should a Bidder propose furnishingS said listed substitute equipment, he shall comply with the following paragraphs. Should the. Contractor furnish a subbid alternate unit, he shall notify in writing the Engineer's Project Manager, of ALL DIMENSIONAL, MECHANICAL, ELECTRICAL AND STRUCTIONAL CHANGES AND/OR REQUIREMENTS FOR THE UNIT'S USE. He shall include in his bid, the additional construction costs of mechanical, architectural, structural, electrical and changes to accommodate of that alternate unit. The bid shall also include any paidup licenses necessary for the use of the equipment if required by the manufacturer. MG17335.Al Proposal (REV) 9 TS Section No. 10651 11020-1 11037-1 11039-1 11043-1 11047-1 11063-1 11074-1 11221 11230 Price Adjustment Manufacturer/ For Description Supplier Subbid ----------- ------------- ---------- Chlorine Scales A) Force Flow Subbid)......... $......... Raw Sewage Pumps A) Allis Chalmers Subbid). T1 ' J'.. y.75?0 Vertical Turbine A) Fairbanks -Morse Pumps Subbid) t~.i R":.' ,- $../5 Return Activated A) Byron -Jackson Sludge Pumps Subbid)......... $......... Digested Sludge A) Moyno Pumps Subbid)......... $......... Lobe Pumps A) Mono Subbid)..ti' —.11(,i: • $..i(..c ;c' Submersible Pumps A) Hydr-O-Matic Subbid)......... $......... Chemical Metering A), Interpace Pumps B) Wallace & ernan Subbid ........ . $......... Primary Clarifier ZTj5 Dorr-Oliver; Mechanism B Eimco a Subbid) ..� t I J' Z`✓,Ct c_ Biological A) Air Products Phosphorus Removal - no substitutes System 11234 Chlorination A) Wallace & Equipment Tiernan Subbid)..)4i ryV $ 5• J CCC 11340 Secondary Clarifier A) Dorr-Olive Mechanism B imco 7CUa S C�;,C} Subbid) . .`�.:J. .. . MG17335.A1 Proposal (REV) 10 Price Adjustment Section Manufacturer/ For No. Description Supplier Subbid 11373-2 Digestion A) Hoffman Centrifugal Blower Subbid).! E=.U?' r.— System t_ rr%4c' 11379 Aeration Equipment A) Sanitaire Subbid) +�7 .Pou&LAS 11382 Filtration A) Hydroclear Equipment Subbid)......... $......... 11385 Positive A) Roots Displacement Blower Subbid)......... $......... System 11389 Automatic ,A) Sigma Motors Discrete/Composite Subbid)......... $......... Samplers 11490 Engine Generator. A) Caterpillar Subbid) .i-Ulv' v"? 16155 Motor Control A) Square D Centers B) Westinghouse C)..Cut_ ler-Hammer D) Genera-]. Electric; Su 1 S......... 16163 Switchboards A) Square D B) Westinghouse Gould General Electric ; Subbid).. . ...... $......... MG17335.A1 Proposal (REV) 11 PAYMENT SCHEDULE A detailed payment schedule for each structure, phase and .. • specification division shall be submitted by the successful low Bidder. The successful low Bidder shall meet with the City of Fayetteville, State of Arkansas and Engineer in Little Rock, Arkansas, to review the format and details of the payment schedule. This meeting shall be held within 5 days of notification that the Contractor is the low Bidder. The purpose of the meeting shall be to establish an acceptable format for the payment schedule. The construction detailed payment schedule shall be completed by the Contractor 14 days after the meeting and submitted to the Engineer, City of Fayetteville, and State of Arkansas for review and approval. The payment schedule shall be used for grant reimbursement and the Contractor's payment.- Failure of the Contractor to submit the payment schedule as required may result in • the Owner's rejection of the Bid. Additional requirements can be found in Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS, under Subsection Overall Schedule and Payment Schedule. • MG17335.Al Proposal (REV) 12 UNIT PRICES FOR ADDITIONS, CHANGES, OR DELETIONS ---- ------ --------------------- -- --------- 1=• • The Bidder further proposes that, in the event that additions, changes, or deletions are made to or from the Drawings and Specifications for the proposed work, the total adjustment to the Lump Sum Price shall be computed based on the following Unit Prices for the following types of construction. The Owner reserves the right to delete these Unit Prices from the Contract if, in his opinion, they are unbalanced or not reasonable prices for the work. EARTH FILL (Including Furnishing and Placement) 1ybj4 ..............................Dollars and.... FL �...........................Cents per -�` cubic yard S:. a:..... STRUCTURAL FILL (Furnishing and Placement) ....FiFEt ...................:................Dollars and. :......F.'..�( Cents per cubic yard S...�.::.. SLURRY TRENCH CUTOFF WALL ------------------------- WC7 ...............................Dollars tYvc�->T7 Ft vE and...•. .....a ..........................Cents per square foot of vertical face of wall .. ...... TRENCH STABILIZATION MATERIAL (Furnishing and Placement) ---1-----Sr,--------------------- ...Y`a. i a. 7 •f tV ....................Dollars and ...........K ........................Cents per cubic yard $. 2 .. . REINFORCING STEEL (in place per pound) ----------------- ..:.................................:...Dollars and, .......XOJ�...l. ) .....................Cents per pound $.......... MG17335.A1 Proposal (REV) 13 CONCRETE (4,000 psi in place per cubic yard) 0.CN. 4 : 14 c to O:l'0 e........> 1. ?C: ...........Dollars (DC and. . . . . . . . . . . . .'"{ c: • .. . . . .Cents per cubic yard S..I�� ... STRUCTURAL STEEL (per ton finish painted in place) ---------------- Tli??Ec... ..... .. ! .4%. .Y............ Dol lays and... . . . . . . . . . . . . ©.....................Cents per ton S EPA REQUIREMENTS FOR BIDDERS By the signing of this Proposal, the Bidder further agrees to, full compliance with the section of these Documents titled EPA SUPPLEMENTAL GENERAL CONDITIONS. SUBCONTRACTORS -------------- The Bidder further certifies that the following subcontracting firms or businesses will be awarded subcontracts for the following portions of the work in the event that the Bidder is awarded the Contract: MECHANICAL - SUBCONTRACTOR -------------------------- 0ISI�/,k.�ANSTR��.T.1O Q0APAVY................... . . . ............... . . . . .. . a.. Name 3300 Rock Island Road, Irving, Texas 75060 ...................................................................... Street City INSTRUMENTATION AND CONTROL - SUBCONTRACTOR AND EQUIPMENT MANUFACTURER ----------------------------------- ---- - --------------------------- �.V...... .... . Name ....YY... 1 I C .T!:.. S ate .. . 1?k W Al C -Z J t5 tS • s .... tat. Street ;City ELECTRICAL - SUBCONTRACTOR . ..... a MG17335.Al Proposal (REV) 14 • Street City CONCRETE AND STEEL REINFORCING - SUBCONTRACTOR ---------------------------------------------- OLSON CONSTRUCTION COMPANY Name .$ QQRpck.Island.Bnad,.Irviri.,.Texas..75060 ............................... Street City EARTHWORK - SUBCONTRACTOR Name 3aOO c�c K...!? Lk,• �.C� 2c rkt7....� �lr:•• Of :? �' ' ..7 73c -CD D Street City (The following spaces are supplied for additional subcontractors) - SUBCONTRACTOR -------------------------------------------- ................................................................... Name . . .. 0000 .06...6666...6...0...0.00....0............0...0.6.40.......... Street City - SUBCONTRACTOR --------------------------------- ..00....000.000..................................0.00.00.............. Name ....0.....0...000....0.0000 ...................0. 4.0........ 0......000. Street City PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 40 percent of the work with his own forces (refer to Paragraph 21, INSTRUCTIONS TO BIDDERS; Bids from so called "Brokerage Contractors" will not be considered). MG17335.Al Proposal (REV) 15 • List below the items that the Bidder will perform with his own forces, if awarded this Contract, and fill in the blank showing the estimated -total cost of these items. Um •l'/\CTN \A(,Q.ZK Z loo coo &cuiP 4 ,CC Coo . . . . .�. ! P J N ,C . . . . . . . . . . . . . . . . . . . . . . . #. . . 3.40 ,U /. t o ... :•. . . . . . . . . . . U ..................................................................... Estimated total cost of the above items the Bidder states that will be performed with his own forces, if awarded Contract: iMir Ott rcw 6 c. Hr Nvrv0/Lr-C T(+"sd"Dollars(S I3 C�fG vCC,e • MG17335.Al Proposal (REV) 16 EXPERIENCE OF BIDDER ' 1-• The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references. Use additional sheets if necessary.) .(SEE.ArTCHE0. LI5I.......................a.........................a.. ...................................................................... 001.0.... . a .. 4444.... .. 101 a..... a a ................4..08..6............ ................................................................ a.... ............................................................. a. a..... ......................................... a. a..... a........ a... a....... ........................................... a..:........... a...... a.... .......................................... a......... a................ . .. . ........1004018*00800009000100a0001 . . .. . . . . . a . a ... . . . a...... . . .... .. a......6..........60.........6 ........ . ...... . . . ... . . . . . . .. ..... ..... .......................................... a.... a............. a. a...... .............aa..a..a..aa...a......6a...... . a a..... ..... a....... .. 110 . . .... .....1......11.1...........................11.11............... ............ 80*0a00aa0&000x0*0a.a.a.... . . .. . a... a...... . a a ... . .. a..... MG17335.A1 Proposal (REV) 17 SURETY If the Bidder is awarded a construction Contract on this Proposal, the Surety who provides the Performance and Payment Bond will be • United.5taLtes, Fidel.ii:y.and Puaranty. Goroaany............... whose address is 100 Light St: Baltimore MD 21203 Street City State Zip BIDDER The name of the Bidder submitting this Proposal is ................... OLSON,QQKSTRUQT(ON CQMPQgY ,,,,,,,,,,,, ,, doing business at 3300 Rock Island Road Irving, TX 75060 Street City State Zip which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons interested in this Proposal as principals are as follows: .D.avid.Q Ison. ........................ '.. Pre stden �.... . . . . . . . . . .. . . . . . . ... George H. Gaharan Vice -President ................................. ............... S................ .a.........0000 ................... 1090......0100.......0000......... The Bidder's Arkansas Contractor's License No. is:.84-j555,,,,,,,,,,,,, If Sole Proprietor or Partnership --------------------------------- IN WITNESS hereto the undersigned has set his (its) hand this 1....... day of 19... ..................................... Signature of Bidder ---- ..6101....0...00.0........0...01....... Title MG17335.A1 Proposal (REV) 18 If Corporation -------------- IN WITNESS WHEREOF the undersigned corporation has caused this instrument to, be executed and its seal affixed by its duly authorized officers this ...ZDLb day of NAYewber....................., 1984. (SEAL) OLSON CONSTRUCTION COMPANY ....................................... Name of Corporation eorgGe.......... G` ... er.. .. Title Y]Ge :PreSRQnt.. Ai vist.op. Manager... • 3 . . l ✓ Attest. .. `. .�.... .'.... •:.....:........... Secretary MG17335.A1 Proposal (REV) 19 H m a C e- C 7 O n b C O v 0 G : (I ` o a - m N N O C. O_ a -- Q) G m C C w o C. i p O 7 y a % +i C 7 C 3 r n • m J C M n. G G o O = • ilp^ 2 C -y o G Y S y '-1 C z qg G c p1 7 41 • e 0 N ('J m cc. C O c � p �' a NO a J a C p Oi d - \ O2. Cf p 0 N i �e D C � y_ C fD R _ S .. - ' C O . e N N _ C { C p O J RD - m a = = C C n e n< r�Ci0 n �,I R < a o 0 0 0 0 G R N CJ �' z e � o 'C — — c> N J C > rtr d O �- O > a c o r a m o'o l'n c 1 f° m a r=r Ic Q - r z�NJN Cc =T�02 oma < < _ < o C m Ct a momma— —1 _ >o 0%=r ocern G =0 ? >cOCD CCJG1 C ._O..O ❑OO• rn'c_ < R N 7 W O .� l: C' Cl C Chi Q- m . C rV 3 C- =S S O rs[ a a a G l a C J O o a _ e a i C G I I 1X 11X IN h "r i` I I h h h h � h IN I„ IN IN IN IN x• IN IN IN IN - - -� I_ _- I c -f nlel>^ _r�yn _+7C.—I=1>r,nm AA_,.q n ct �= : i�,� = f S ? ° =I • G` in _o he a n n °.eO. °i // �C �I-I.1O,C.c. t =; !O!p..�V a;, I�I ICa rr00��0A� Zr . • -�♦•.r Ill •A -_ i i _ _ n Ip ;-.fl T O q - T r _ Li a r c I .i !1 � � i'Gi. 2 i {� 'ff 0� •I E N O II Q � (v €� - 1 IRS 1O� Z O i C — n'1 !R In 0 A �� rCl r� 10 — O r G N i OIn _ C T ..r —.n I? n p T• OC p 1lI"Me m _ a n n C n n — y �� Q CIC N �T- N �In O 4 a• N m ` it C - u cG a_W Ccl IL. a rR ,VEA 7 Lions7XvcroraM' Basic Hourly Rates Bricklayers $7.00 Carpenters 7.00 Concrete Finishers 7.00 Electricians 8.50 Ironworkers: Structural 6.10 Reinforcing 5.30 Laborers: Air tool operator 5.00 Asphalt heater operator 5.00 Asphalt raker 5.70 Carpenter helper 5.00 Chain saw operator 5.00 Checker grade 5.30 Concrete finisher helper 5.00 Concrete joint sealer 5.00 Concrete saw operator 5.00 r^setter 5.30 • ._borer .3.80 • Pipelayer 5.30 Powdernan 6.20 \ri br a to roan 5.00 winter 6.00 Pile driver lead.. -.an 6.00 Power Ecui;;.:.eat Cteratcrs: Aggregate screader o_er.i 5.60 Asphalt plant fireman 14.70 Asphalt plantdrier oper. 4.70 • Batch plant oper. 5.60 Bulldozer Operators: Finish 6.70 Rough 5.50 Bull float operator 5.50 Concrete curing machine operator 5.50 Concrete mixer aerator Less than 5 sacks 5.00 5 sacks and ever 6.00 Backhoe op.- rubber tire (1 yard or less) 5.90 Cherry picker operator 5.90 rnncrete paver onerator 6.50 • ncrete spreader ooer. 6.50 Crane, derrick, '?rif;. _^.e, ' shovel, backhoe c::ems _s.: yard or less 6.50 over 1½ yards . 7.00 Fringe Benefits Bask Hourly Power Ecuivment OP. cont. Rates $5.50 Crusher operator Distributor operator 5.50 Drill operator (wagon or truck) . 5.50 Elevating grader oiler. 6.50 Euclid or like equip- ment operator (bottom or end dump) 5.10 Finishing machine oper. 5..90 Forklift operator 4.90 Form grader operator 4.90 Front end loader oiler.: 6.50 Finish Rough 5.50 Hydro seeder operator 5.00 Mechanic 6.70 Mechanic Helper 5.10 Motor -patrol ocerator: 6.70 Finish Rough 5.50 Mulching machine oper. 5.00 Oiler and greaser 5.30 Pile driver operator 6.00 Pug mill operator 5.00 Roller operator (self propelled) 5.10 Scraper operator: Finish 6.70 Rough 5.50 Sod slicing machine op. 4.80 Stabilizer mixing machine operator 5.50 Tractor operator (crawler type) 5..00 Tractor operator (farm and wheel) 5.00 Tractor operator wheel type (with attach- ments 1 yd. or under 5.40 Trenching. machine oper. 5.40 Stonemasons 7.00 Truck Drivers: Dj.:;tributor truck driver 5.30 S= -trailer 5.30 howboy driver 5.50 - Transit mix truck driver 5.30 Fringe Benefits it- cae/s/,eie/'siv CONSTRUCTION Page 2 Basic I Pringe Hourly I Benefits Rates rruck driver (heavy -maxi- mum pay load in excess of 3,000 lbs.) $5.00 rruck driver (light-mixi- mum pay load 3,000 lbs.) 4.70 ?ell drillers 6.70 welders: receive rate pre scribed for craft per- forming operation to whit welding is incidental. 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O] r • ) O_] V •h YY 0 • nn OiI dc. q1 .iw e11I 0 a4 . YY ] • • s •.. apt •C - --•• <I• VO - •< V - Y • CO - <r r. wwr • L YY •• wY• J MC Y- J •Y . •. Yc Y>•ja. C]J •O• •JJ] ✓u - a�• V,-00'0° Y a�. SYYJJO t. n '••O'C•OI` VYwY rf��<APLY C� Y Y0 �- �1('Yr_�`11:•• 2)EYYYY -J yC Cy OyP -Vo 5IY9 VVO -0I. D<:<Ia OOCY 'J VIa <IO •VOOO mi <IYw eE , OWNER AMOUNT NAME, ADDRESS AND CONTRACT TITLE/TYPE F, OF PHONE # OF REFERENCE LOCATION CONTRACT 1. 12 MGD Water Treatment City of McAlester,OK $7,095,000 City of McAlester Plant Box 578 McAlester, Oklahoma 74501 George Marcangeli 918-423-9300 2. Central Wastewater Treatment Plant City of Dallas, TX $1,804,792 Dallas Water Utilities 2861 E. Municipal St. Dallas, Texas 75215 Bobby Greer/Michael Liggin 214-670-8664 3. Chickasaw Wastewater City of Bartlesville,• $9,725,090 City of Bartlesville Treatment Plant OK 600 S. Dewey, Box 699 Bartlesville, Oklahoma 7400: Jeff Long 918-336-0000/918-337-5258 4. Dallas E. Side Waste- City of Dallas,TX $19,951,625 Dallas Water Utilities Water Treatment 2861 Municipal St. Plant Dallas, Texas 75215 Jerry Kovar/R.V. Derrick 214-670-8701 5. Village Creek Waste- City of Ft. Worth,TX $1,168,400 Fort Worth Water Department. Water Treatment 1000 Throckmorton Plant Fort Worth, Texas -76101 Lee C. Bradley,Jr. 817-870-8240 • 6. Salatrillo/Martinez Converse, TX $7,459,500 San Antonio River Authority Wastewater Treatment 100 East Guenther St. • Plant P.O. Box 9248 Guibeau Station • San Antonio, Texas 78204 • Steve Ramsey/F.Blair Warren 512-227-1373 7. Hackberry Pump Station Irving, TX $ 478,580 City•of Irving 825 W. Irving Blvd. Irving, Texas 75060 Lewis Patrick 214-253-2493 • 8. Office Creek Pump Station The Colony,TX $1,374,555 The Colony Municipal Utility District No. 1 Route 3 The Colony; Texas 75056 Roy Bingham 214-248-6323 CONTRACT TITLE/TYPE 9. Sherman Wastewater Treatment Plant 10. Papillion Creek Plant Expansion 11. White Rock North Water Transmission Line 12. Duck Creek Waste- water Treatment Plant 13. Papillion Creek Plant Expansion-Contract!I OWNER F, LOCATION City of Sherman,TX Ci.ty..of..Omaha,NE City of Dallas,TX City of Garland,TX City of Omaha, NE AMOUNT OF CONTRACT NAME, ADDRESS AND PHONE. ' OF 'REFERENCE $6,775,000 Greater Texoma Utility Utility Authority 5100 Airport Drive Denison, Texas 75020 Jerry Chapman 214-786-4433 $6,957,000 City of Omaha • Public Works Department 1819 Farnam St.,Suite 600 Omaha,Nebraska 68133 James R. Berlina 402-444-5220 $3,601,382 City of Dallas Dallas Water Utilities 2861 E. Municipal St. Dallas, Texas 75215 James Palmer 214-670-8700 $6,930,000 City of Garland P.O. Box 401889 Garland, Texas 75040 Fred G. Greene 214-494-7310 $11,135,000 City of Omaha 1819 Farnam St.,Suite 600 Omaha, NE 68183 Elwin M. Larson 402-444-5220 + • I City. of Fayetteville 113 W. Mountain St. City Administration Building Fayetteville, AR 72701 Subject: Certification of SWMBE Participation Attn: Purchasing Agent Gentlemen: This letter is to certify that executed subcontracts or the information shown on CG -245 Form A Part I and/or Part II will be submitted within 15 days after the bid opening date. Very Truly Yours, George H. Gaharan Vice —President Olson Construction Company 3300 Rock Island Road Irving, Texas 75060 urdyO UNITED STATES EIDEL LLOetany- ARANTY. COMPANY I` 3 .. (A St ' .a a ) BID BOND 112 BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto.......................................................................................... City of Fayetteville, Arkansas - Five Percent of Amount Bid asObligee, in the full and just sum of..........................................................................................................................................:................................... ............................................................................. Dollars.. lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for construction of wastewater Treatment Plant Improvements, West of Fayetteville, Arkansas along the White River Owner's Project No. EPA N. C-050366-11 Ii THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. r4 Signed, sealed and delivered .................... gi.9r.................... (Date) - OLSON CONSTRUCTION COMPANY ........................................................................................................(BEAU fE-, Cfis lCleL...- /Gf/................................ BY;./C/ A..4(SEAL) r � � ITFO STATES FIDELITY UARANTY COMPANY = Charles F. Simmo Attorney -in -fact Contract 11 I Revised) I1-iU • CERTIFIED COPY GENERAL POWER OF ATTORNEY No............ 82270 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Charles F. Simmons of the City of Lincoln ;State of Nebraska its true and lawful attorney for the following purposes, to wit: .+"''` To sign its name as suretyjprsa to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and -all acts and things set forth in the r-sobuion of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES • FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Charles F. Simmons may lawfully do in the premises by virtue of these presents. 'In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its'corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 170 day of September , A. D. 19 71 . - UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed)Karl arl II. Doerre . . y .............................................:......... ••.:. - - Vice -President. (SEAL) Charles 0. Mullennix ( Signed) ...........:........................................ •- - - - Assistant Secretary. STATE OF MARYLAND, / BALTIMORE CITY,• On this 17th - day of September . A. D. 19 71, before me personally came Karl H, Doerre ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Charles O.'•Mullennix , Assistant Secretary of said Company, with both of :whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore. Maryland; that they, the. acid Karl H. Doerreand Charles 0. Mullennix were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY .COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the seal affixed to mid Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like orde as Via -President and - Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19..`?.... (SEAL) (Signed) Herbe.rt,J..Aull Notary Public. STATE OF MARYLAND l - - .--- — - Sct.• BALTIMORE QTY. I � . - . ' I. Robert H. House ,Clerk of the Superior Court of Baltimore City; which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. in Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 17th day of September . A. D. 1971 Robert H. Souse (SEAL) (Signed) ..................... Clerk of the Superior Court of Baltimore City. FF 3 (9-a71 • +• •Y . �.. v..- .. —_2..MY.Yi.�..�-_.,ur.w... _. ..-..r....-.-�1.._ .,ate_ - .yv..a. •.a._ gr.....aa)+Mv�9w.+...I COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolted, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate sea), to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and - Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of .either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of. by or for any person or persons, corporation, body, office, interest, . }}' municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the sama - - - �� James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given ... ' by said Company to - - -,: Charles F. Simmons of Lincoln, Nebraska - , authorizing and empowering him to sign bonds as therein set • forth, which power of attorney has never been revoked and is still in full force and effect. And -I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. !( ,.r• In Testimony Whereof, I have hereunto set my hand and the seal of. the UNITED STATES FIDELITY AND GUARANTY COMPANY on - "`• ;ff/rt.' i. (Date)2O04/V5r . - ^ Assistant Secretary. ,.Resident Agent > /J� By: William R. Plegge 150O Riverfront•Dr. Little-. Rock, AR I. DCO268 11-12-82 RESPONSIBILITIES of PRIME CONSTRUCTION•CONTRACTOR on Step 2+3 and Step 3 As set forth in Federal Regulations 40 CFR 33.240, (3-11-83) and Federal Regulations Vol. 48, No. 60 (3-28-83), the Prime Contractors are expected to take positive steps to use MBEs on a Joint Venture or subcontract basis on all wastewater facilities projects. Contractors are required to take affirmative actions by offering fair opportunity for actual participation to.MBE firms on EPA assisted projects. Invitations for Bids.(IFB) issued by grantees on -or after February 1, 1979, are subject to this policy. The bidder (future prime contractor) is not limited to but is expected to take at least the following minimum affirmative actions to extend opportunities for MBE participation through joint ventures, or subcontracts with the contractor. A. RESPONSIBILITIES PRIOR TO BID PROPOSAL: ---------------- ----- -- --- --------- 1. Insure that all affirmative action requirements in FEDERAL REGISTER, Vol. 48, No. 60; 40 CFR 33.240 and EPA,. Region 6 MBE Policy and guidelines are complied with. (a) Solicit Minority Businesses to participate on the basis of (1) joint venture; (2) Negotiated subcontract; (3) Competitive bidding (if first two methods fail to produce results); or (4) other appropriate method approved by grantee and EPA. (b) Utilize MBE listings, for the State. of Arkansas and shall make a bonefided effort to -use MBEs as part of this project. 2. Document, maintain and submit evidence of correspondences to and replies from MBEs, minority construction association, U.S. Office of Minority Business Enterprise (MBE) and locally funded OMBE organizations. 3. Develop Affirmative Action Plan covering life of project, outlining methods, work opportunities, percentages, and timetables for meeting MBE goals, if required by EPA or grantee. MG17335.A1 Responsibilities of Prime Constr. Con. (REV) 1 4. Insure that solicitations and Plan and Specifications (P & S) are made available to MBEs in sufficient time to allow for review of plans and reasonable time to respond (At least 30 days). 5. Take all reasonable steps to insure that MBEs to be used are bonafide. As a protective measure, contractors may require questionable MBEs to submit certification of MBE status and the reasons for recognition as an MBE. NOTE: Where it is found that a "sham" MEE is utilized, MBE participation will not be given for the amount of the "sham" subcontract. Contractors must take positive steps to meet the goal via additional subcontract to a bonafide MBE. 6. Implement the requirements in the plans and specification and Federal Register concerning MBE. 7. The Contractor shal submit a copy of all MBE solicitation efforts identifying any MBE contracts greater then $10,000. These efforts shall be submitted to the Owner for his review. 8. Where it is not possible to use an MBE, the Contractor shall document in writing to the Owner the reasons for not using an MBE. 9. The Contractor shall submit a quarterly report to the Owner listing all MBE/WBE contracts valued at $10,000 or greater and their status. The contract amount and amount paid shall be listed in the report. The Owner will review with the State of Arkansas the requirements of the report and convey that information to the Contractor. B. RESPONSIBILITIES AT TIME OF SUBMISSION OF BID PROPOSAL: ---------------- -- -^-- ------------- - --- --------- 1. All bidders must attach to the bid proposal executed MBE subcontracts or certification that executed subcontracts or the information shown on CG -245 Form A Part I and/or Part II will be submitted within 15 days after the bid opening date. 2. The contractor (bidder) is required to submit documentation to the State of. Arkansas and EPA -as set out below of his efforts to meet the requirements above: (a) Document, maintain and submit evidence of correspondences and responses to MBEs, minority construction associations, and locally funded OMBE organizations. (b) Provide documentation of the type solicitations made for MBE participation, i.e., nature of work required; evidence of how work was segmented to accommodate MBE specialty, capability, capacity and availability, and dollar amount of work offered to MBEs. (c) If local or in -state MBEs are not available or will not be used, document the steps and effort taken to use OUTSIDE OR OUT-OF-STATE MBE RESOURCES. MG17335.A1 Responsibilities of Prime Constr. Con. (REV) 2 (d) Evidence of•the steps taken to_.assist in bonding for MBEs where MBEs ate otherwise qualified. (e) These requirements apply to non MBE subcontractors who have subcontracts in excess of $10,000. 3. Review and evaluation of above documentation by the EPA MBE Specialist will be on the basis of demonstrated "honest effort" to comply. Additional positive efforts or technical assistance may be suggested by EPA to meet the MBE goals. MG17335.Al Responsibilities of Prime Constr. Con. (REV) 3 CG -245a (Rev. 2-1-79) ly . FORM A U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION 6 MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION DOCUMENTATION FORM PART I This form constitutes the bidder's assurance that it will comply with the MBE Program required by EPA for construction projects funded under Title II of the Clean Water Act of 1977. Part I is to be completed by the bidder to show the amount of MBE participation. Part II is to be completed by the bidder when it has failed to achieve its designated MBE goal. PART I 1. Total dollar amount of the contract: 2. Total dollar amount of MBE participation: 3. Percentage of MBE participation: 4. MBE percentage participation goal as specified in Part I, Section C of this MINORITY BUSINESS ENTERPRISE PARTICIPATION BID SPECIFICATION. 5. Oid bidder meet or exceed specified goal? 6. Name, address, phone number, contact person, type of construction subcontract, and dollar amount of sub -contract. 5 ME Subcontractor: Address: Phone: Contact Person: Type of Constract1on Workk: 72F of $. _Ly: effDlmt: : '^ros of sttirn Wos's: Type of Sttaaiy: amount: NEE Scot nt:ac=: .cress: POSE: _ .._ms. TYce of C..zst^r_on 'r+os'C: amount: Tie of Str 1y: amount: 6 FORM A - PART I ME Subcontractor: Address: Phone: Contact Person: Type of Const=action Work: tat: T of Sq-3Ly: Ano=: 2?PE Subcn' -=x: TOGS: `h .': C�ct Type of anotmt: yx ar Ammts:t• E Subc:tncm=: Pt==: C=tact ?e:ssei: T' of C= str c'? at :c: Anttmt: Type of S' 1v: amount: •I • tl FORMA U.S. ENVt3ONMENTAL PROTECTION AGENCY - REGION 6 MINORITY BDSI ESS ENT:RPRISE CE) PARTICIPATION DOCMdENTATION FORM - PART II This form constitutes the bidder's assurance that it will comply with the mBE Program required by EPA for construction projects funded under Title II of the Clean Water Act of 1977. Part I is to be completed by the bidder when it has achieved its designated ASE partcipation goal. Part II is to be completed by the bidder when it has failed to achieve its designated MBE goal. PART II 1. 2re-bid Conference: List person t'ho attended conference as reiresentative of bidder, if bid con_`erence is held. Name: .Adderress: Phone: Date of Conference: Place of Conference: 2. Advertisement: List each publication directed at minorities In which bidder placed an adver.isement. NOTE: A cow of each advertisement from each oublicaticn Name of 2ublicaticn: Address: Dates of Advertisement: Target Audience: Geographical Area of Ci:crlaticn: L] 450 ,tea-BAc�LT n;�aer's cs'. of A;;=:.:^•�te 13S71ar Value of 3. CagLM 'CR a≤SS?s;"M=: List all mi=z±r. rc crrz • a<cr•aGGI'sr ."Z= SI.'^41y assn atlamr rgenan 'c• ams A L my of ea= soLic LC --fie att=cad. = CCata o.." -s. 3iar er' 3 'styrr Val e of Sm ..-zivt'.....s�i: Cate of Sal tc Lat_.as: (b) s a:o1?rn:*see C=11 made' ? Cate of C'11: I.— Mne of asp - a= 3zse:stacve r kRa.i 5: E 1170 9 Cr -245b c.an4A-PAL' = 4. MERE .mat-rr,•,'r5 • • (a) List e : t j r c s+sgly £i tvti a 1et'— of 5G1 - tti = was sect. A same eas of e'e"i diffz=ert scll=tzt_Qi latS ?SST to at�•'L.LP3. Qi Cry Nme: — • - F*.�e mTOr: C'Ct1— _ —�33: Area Vf M.EE E ew=;5e: (Z) Ccy N —e:. Area of Z 1 Mx;P=`:e: (3) C aay D___ Pr -ass. Area of MST_...' ^ sr.'se: - --- - -- -.... (a) it .-rsy Je=ws: ?1=-.e Niter: Q=tact F ^ Area of = M=e_^..se: 10 CG -310 (Rev. 7-17-79) Directory of Funded Organizations ` Office of Minority Business Enterprise Dallas Region • TEXAS Tex OMBE Location - - P.O. Box 12728 410 E. 5th Street Capitol Station Room 310 Austin, Texas 78711 Austin, Texas 78701 Albert Rodriguez, Executive Director FTS: 734-5011 Com: (512) 472-5059 TL: 539+472-5059 Austin Minority Economic Development Corporation 55 No. IM 35 3118 Austin, Texas 78701 Carlos Herrera, Executive Director Jose Alcorta, Chairman FTS: 734-5011 Com: (512) 477-6507 TL: 539+477-6507 Avante International Systems, Corporation 303 No. Crown Building 830 NE 410 at Broadway San Antonio, Texas 78209 Business Development Center for the American G.I. Forum 1159 East Seminary Drive Fort Worth, Texas 76115 Richard Contreras, Executive Director Antonio Morales, Chairman FTS: 334-3011 Com: (817) 926-0255 TL: 519+926-0255 • 12 CG -310 (Rev. 7-17-79) Branch Offices 1603 L3th Street, Suite 222 Lubbock, Texas 79401 Olivera Martinez. Contact Person FTS: 738-7011 Corn: (806) 763-9103 TL: 579+763-9103 322 No. Texas, Suite 14 Odessa, Texas 79761 Oscar Garcia, Contact Person FTS: 738-7011 Cam: (915) 332-4345 TL: 5716+332-4345 Citizen National Bank Tower 501 Franklin, Suite 616 Waco, Texas 76701 Al Mareno, Contact Person FTS: 728-6511 Corn: (817) 753-6434 TL: 51439+753-6434 Coastal Bend Business & Industrial Development Corporation 4410 Dillon Lane, Suite 41 Corpus Christi, Texas 78415 Ruben Lerma, Executive Director Rafael Carrizo, Chairman FT5: 734-3011 Corn: (512) 855-3951 Community Assistance Council 330 Liberty, 2nd Floor Beaumont, Texas 77701 Charles R. Banks, Executive Director Richard L. Franks, Chairman FTS: 527-2911 Corn: (713) 838-6275 TL: 52739+838-6275 13 CG -310 (Rev. 7-17-79) Construction Contractors Assistance Center P.O. Box 3811 El Paso, Texas 79923 Joe Lopez, Executive Director Manuel Prieto, Chairman - FTS: 572-7200 Corn: (915) 545-2758 TL: 599+545-2758 Contractors Industrial Education Assistance, Inc. 306 East Jackson Harlingen, Texas 78550 Quaife Ward, Executive Director Eli Rios, Chairman FTS: 734-3011 Corn: (512) 428-3971 Dallas Minority Business Center 3737 Noble, Suite 450 Dallas, Texas 75204 Calvin Stephens, Executive Director Larry Jobe, Chairman FTS: 749-1011 Cam: (214) 528-1550 East Texas Minority Business Developers 2129 W. Gentry Tyler, Texas 75702 Charles Stine, Executive Director 'd. R. Meador, Sr., Chairman FTS: 749-1011 Cam: (214) 595-2576 TL: 609+595-2676 Mexican American Center for Economic Development LaPosada Village, Suite 109 1418 Beech Street McAllen, Texas 78501 Jose Garcia, Executive Director Marcel Rocha, Chairman FTS: 734-3011 Corn: (512) 682-1518 14 Location 2211 E. Missouri Avenue Suite E-243 El Paso, Texas 79903 fl • 1 CG -310 (Rev. 7-17-79) National Economic Development Association District Offices . 2707 Montana Avenue El Paso, Texas 79903 Luis Sosa, District Director FTS: 572-7200 Cam: (915) 562-4488 TL: 59-7368 302 East Jackson, Suite 201 Harlingen, Texas 78550 Gabe Garcia, District Director FTS: 734-3011 Cam: (512) 425-2800 3400 Montrose, Suite 600 Houston, Texas 77006 Robert Rodriguez, District Director FTS: 527-4011 Cam: (713) 524-9009 TL: 529+524-9009 1222 No. Main Avenue, Room 815 San Antonio, Texas 78212 Simon Castillo, District Director San Antonio Business Development Center 505 East Travis, Suite 301 San Antonio, Texas 78205 Roberto Garcia, Executive Director William Sinkin, Chairman FTS: 730-5511 Cam: (512) 224-1714 SER,�Jobs far Progress 2829 W. Northwest Highway, Suite 159 Dallas, Texas 75220 Alberto Salgado, Director Steve Zazaya, Chairman FTS: 749-1011 Corn: (214) 358-3433 W . 15 CG -310 (Rev. 7-17-79) South Texas Economic Development Organization 520 Matamoros Street P.O. Box 685 Laredo, Texas 78040 ' + Julio Sosa, Executive Director FTS: 734-3011 Com: (512) 722-7691 Branch Office 141 W. Nepa Uvalde, Texas 78801 Gus Cardenas, Contact Person FTS: 734-3011 Com: (512) 278-9117 16 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region • COLORADO Colorado Economic Development Association 875 Delaware Denver, Colorado 80204 Richard Gonzales, Executive Director David Pringle, Chairman FTS: 234-3131 Corn: (303) 573-3919 Branch Office 115 E. 22nd Street Cheyenne, Wyoming 82001 Christopher DeHerrera, Contact Person FTS: 328-1110 Corn: (307) 635-8623 Colorado State OMBE State Capitol Building, Room 102 Denver, Colorado 80203 David Foote, Executive Director FTS: 234-3131 Corn: (303) 839-2077 National Economic Development Association 1730 "M" Street NW, Suite 707 Washington, D.C. 20036 Jose C. Gomez, President FTS: 8-202-296-7000 Corn: (202) 296-7000 District Office W. Corona, Suite 214 Puebla, Colorado 81004 Joe Roybal, Area Director FTS: 234-3131 Corn: (303) 545-5326 17 CG -310 (Rev. 7-17-79) Uplands, Inc. Location P.O. Box 1909 777 Avenue Durango, Colorado 81301 Durango, Colorado Robbie Humble, Chairwoman Milton DeLeon, Executive Director • FTS: 327-0111 Com: (303) 247-2862 Branch Office P.O. Box 2310 Grand Junction, Colorado 81501 Jose Lucero, Associate Director FTS: 327-0111 Com: (303) 245-2523 FF3 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region �J NEW MEXICO Corporation in Action for Minority Business & Industrial Opportunity (CAMBiO) First National Bank Tower, Suite 940 Las Cruces, New Mexico 88001 John Urioste, Executive Director Lupe Mendez, Chairman FTS: 474-5511 Corn: (505) 526-3311 Branch Offices Security Bank Building, Room 402 Roswell, New Mexico 82201 Senico Barela, Contact Person FTS: 474-5511 Cam: (505) 623-7500 P.O. Box 819 Las Vegas, New Mexico 87701 Ron Gutierrez, Contact Person FTS: 474-5511 Corn: (505) 425-8800 204A W. Hill Street Gallup, New Mexico 87301 Arnold Trujillo, Contact Person FTS: 474-5511 Corn: (505) 863-6953 National Council of La Raza 2403 San Mateo NE, Suite S-14 Albuquerque, New Mexico 87110 Raymond Lopez, Executive Director FTS: 474-5511 Corn: (505) 258-2421 19 National Office 172St. , NW Suite 210 Washington, O.C. 20006 Raul Yzaguirre, National Directc FTS: 8-202-659-1251 Cam: (202) 659-1251 CG -310 (Rev. 7-17-79) National Economic Development Association District Offices 4th Street, NW Albuquerque, New Mexico 87102 Anna Muller, District Director FTS: 8-474-2868 Corn: (505) 766-2868 215 Lincoln Avenue, Suite 2 Santa Fe, New Mexico 87501 Robert Garcia, District Director FTS: 474-5511 Corn: (501) 982-8519 New Mexico Contractors Service Center 115 Palomas Avenue NE Albuquerque, New Mexico 87108 Albert Sanchez, Executive Director Salvador Nunez, Chairman FTS: 474-5511 Cam: (505) 268-2453 Branch Offices Suite o, Ricitardsori Building Las Cruces, New Mexico 88001 ElFego Martinez, Contact Person FTS: 474-5511 Corn: (505) 526-1721 Professional Plaza Building Taos, New Mexico 87571 Wilfred Gallegos, Contact Person FTS: 474-5511 Corn: (505) 758-8540 Navajo Business Development Petroleum Plaza, Suite 130-4 Farmington, New Mexico 87401 Louis T. Dechert, Contact Person FTS: 474-5511 Com:'(505) 327-5395 • 20 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region LOUISIANA Louisiana State OMBE 2925 Plank Road Baton Rouge, Louisiana 70805 Mitchell Albert, Executive Director FTS: 8-689-6491 Cam: (504) 342-6491 Interracial Council for Business Opportunity 650 South Pierce Street, Suite 206 New Orleans, Louisiana 70119 James W. Lee, Director Reynard Rochon, Chairman FTS: 682-2611 Cam: (504) 488-6651 National Economic Development Association District Office 1000 Howard Avenue, Suite 1002 New Orleans, Louisiana 70113 Carlos de la Vega, FTS: 88-682-6626 Cam: (504) 589-6626 District Director National Information Research & Action League P.O. Box 3856 Shreveport, Louisiana 71103 Alonzo Hodge, Executive Director Luther 'dest, Chairman FTS: 493-5011 Corn: (318) 868-6516 TL: 5029+868-6516 21 National Office Lloyd King, Jr. Executive Vice President 470 Park Ave., So. #300 New York, NY 10016 Corn: (212) 889-0880 Location 333 Y�ouree Drive Suite "0" Shreveport, Louisiana CG -310 (Rev. 7-17-19) Center for Business and Economic Development Southern University 2923 Plank Road Baton Rouge, Louisiana 70805 Ronald L. Smith, Executive Director Jesse Stone, President, Southern University FTS: 687-0770 Com: (504) 771-3320 Branch Offices 166 E. Main Street New Roads, Louisiana 70760 Roland Belazaire, Contact Person FTS: 687-0770 Com: (504) 638-3108 111 North Oak Street Hammond, Louisiana 70401 Otis Lewis, Contact Person FTS: 687-0770 Com: (504) 542-0590 Acadiana Business & Economic.0ev. Corp., Inc. P.O. Box 3443 Lafayette, Louisiana 70502 Robert Polk, Executive Director Jude Alsandor, Chairman FTS: 687-0770 Com: (318) 234-6336 Branch Office ox 144o Alexandria, Louisiana 71302 Susan Boykins, Contact Person FTS: 497-6511 Com: (318) 448-8292 22 Location 201 North University Lafayette, Louisiana Location ₹fie Street 16 Alexandria, Louisiana • • iI CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region OKLAHOMA Oklahoma Business Development Center 4111 Lincoln Boulevard, Suite 5 Oklahoma City, Oklahoma 73105 G. M. Dodson, Executive Director George Kerford, Chairman FTS: 736-4011 Corn: (405) 528-3250 TL: 559+528-3250 Oklahomans for Indian Opportunity 555 Constitution Avenue Norman, Oklahoma 73069 Iola Hayden, Executive Director Chairperson, Business Development Committee Betty Jane Olivas, Project Manager FTS: 736-4011 Cam: (405) 329-3737 TL: 559+329-3737 Tulsa Urban League 240 East Apache Tulsa, Oklahoma 74106 Wilbert E. Collins, Project Director Leo Robinson, Acting Executive Director Sentell Fox, Chairman FTS:736-7011 Cam: (918) 584-2571 -. 23 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region ARKANSAS Arkansas Business Development Corporation Union Bank Building, Suite 1055 Little Rock, Arkansas 72201 Charles B. Henderson, Executive Director William M. Pierce, Chairman FTS: 740-5011 Corn: (501) 376-0703 TL: 569+376-0703 Subcontractors University of Arkansas/Pine Bluff Pine Bluff, Arkansas 71601 T. R. Betton, Director FTS: 740-5011 Corn; (501) 535-6700, Extension 451 East Arkansas Planning & Development District P.O. Box 1403 Jonesboro, Arkansas 72401 Maria Pippin, Director of Programs FTS: 740-5011 Corn: (501) 932-3957 White River Planning & Development District P.O. Box 1010 Batesville, Arkansas 72501 Ben Earls, Venture Analyst FTS: 740-5011 Corn: (501) 793-2339 • 24 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise 1=1 1-• Dallas Region UTAH MEDCU, Inc. 285 West North Temple #204 Salt Lake City, Utah 84103 Jorge Arce-Larreta, Executive Director Bibian Rendon, Chairman FTS: 588-5500 Cam: (801) 355-1122 25 UV-S1U (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region MONTANA Francis Killer and Company National Office P.O. Box 2085 P.O. box pal Great Falls, Montana 59401 Rapid City, South Dakota 57709 Timothy Reddin, Executive Director FTS: 782-7000 FTS: 585-5011 Com: (605) 343-7176 Com: (406) 727-8687 Si 26 CG -310 (Rev. 7-17-79) Directory of Funded Organizations Office of Minority Business Enterprise Dallas Region SOUTH DAKOTA South Dakota State OMBE 108 E. Missouri Pierre, South Dakota 57501 Dolores Hall, Executive Director Clarence Mortenson, Chairman FTS: 782-7000 Cam: (605) 773-3578 Branch Offices Dusek Building, 919 Main Street Rapid City, South Dakota 57501 Roger Reiner, Area Director FTS: 782-7000 Corn: (605) 394-5106 Court House Plaza, #208 Sioux Falls, South Dakota 57101 Stan Collins, Area Director FTS: 782-4980 Cam: (605) 334-2966 ie 27 CG -373 (R 7-5-83) MINORITY/WOMEN'S/SMALL BUSINESS ENTERPRISE PARTICIPATION PROJECT NAME: PROJECT NUMBER: I have determined that the Minority/Women's/Small Business Enterprises participating in this project are qualified in conformance with: EITHER the EPA NATIONAL Policy published in Federal Register, Vol. 43, No. 248, December 26, 1978 and 40 CFR 35.936-7. Attached are: Letter(s) of Intent,_Contract(s),_or EPA Form 5700-41. OR Procurement Regulations published in Federal REgister, Vol. 48, No. 60, March 28, 1983. Attached are __solicitation documents. The attached documents outline the efforts taken in complying with the above guidance. CONTRACT NO./DESCRIPTION PRIME A/E/CONTRACTOR A/E/CONTRACT AMOUNT M/W/SBE FIRM(S) SUBCONTRACT AMOUNT FIRM IS M/W/SBE S S S S Continue on back of page if necessary TOTAL MBE AMOUNT S _% WBE AMOUNT 4 _% SBE AF'IOUNT 4 _% (To be completed prior to contract award) V '311?e C) SAMPLE ONLY CG -211 (4/9/76) PROS? ECTi'1E'PRI1IE CONTRACTOR'S ACTOR'S (BIDDER) STATc1ENT ABOUT EQJAL OPPORTUN M CLAUSE I have participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 or preceding Executive Orders 10925 and 11114. I have filed all reports due under the reeuirements contained in 40 C:R, Part C, 8.11. 1 have not participated in previous contract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375 or preceding Executive Orden 10925 and 11114. I will obtain a similar statement from any prcosed subcontractcrs(s), when appropriate. ignature ana title Representative) 5 _ George H. Gaharan Vice President, Division Manager Printed or types Name ana Title -of Prospective Prime or - Sub Contractor's Representative)• OLSON CONSTRUCTION COMPANY 1'1nn Rnrk Tcland Road Irving, TX 75060 iiaLle ana acaress of Prospective Prime or Luc cntractcr) SAMPLE ONLY C) CG -212 Hal (4/9/76) PROSPECTIVE PRIME CONTRACTOR'S (BIDDER) CERTIFICATION OF NONSESREGTED FACILITIES I hereby certify that I do not and will not maintain any facilities provided for my employees in a segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar certification prior to the award of any federally. assisted subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. H. Gaharan Vice President, Division Manager or typed Name and Title of Prospective Prime Contractor's OLSON CONSTRUCTION COMPANY 3300 Rock Island Road Irving, TX 75060 (Name and address of Prospective Prime Contractor) CONSTRUCTION SCHEDULE REQUIREMENTS a The Contractor shall comply with the following EPA requirements concerning construction scheduling and payments. The Contractor shall submit a construction contract schedule of the bar graph type (or other approved type) seven (7) calendar days prior to the pre -construction conference showing the following information as a minimum: (1) Date of notice to proceed with contract work. (2) Actual date construction is scheduled to start if different from the date of notice to proceed. (3) Contract completion date. (4) Beginning and completion dates for each phase of work. (5) The dates at which special detail drawings are required. (6) Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, and the installation of materials, supplies and equipment. (7) All constructural milestone dates. (8) A separate graph showing work placement in dollars versus contract time. The schedule shall incorporate approved contract changes as they occur. The schedule shall be maintained in an up-to-date condition and shall be available for inspection at the construction site at all times. The construction contract schedule shall be submitted in conjunction with and/or in addition to any other requirements concerning schedules within these Specifications. 1 Y CG -404 (3/24/83) a■ --4 CERTIFICATION OF CONTRACTOR OR SUBCONTRACTOR REGPRDINf-.__-...... DEBARMENT, SUSPENSION, OR VOLUNTARY EXCLUSIOf. The firm submitting a bid or proposal on the project of which this contract is a part certifies that it is not debarred, suspended or voluntarily excluded from participation in EPA or any other Federally assisted programs.:This_f-irm will obtain a written certification -to this effect from all lower tier subcontractors and make the certifi- cation available to the owner. Signa�e of Principal - Date H H :I DCO167 CONTRACT THIS AGREEMENT, made and entered into on the .t4? day of .'F., 19. by and between...................a............................ Olson Construction Company .......................................................a.a• . . ......., herein called the Contractor, and the City of Fayetteville, Arkansas, herein called the Owner: W I T N E S S E T H: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: Invitation to Bid; Instructions to Bidders; General Conditions; Supplementary Conditions; Specifications; the Proposal and acceptance thereof; Summary of Work and Schedule and Sequence of Operations; and the Drawings. Wastewater...Treatment Plant Improvements Contract A ... .... ................................................ ................................................................. ..............5.......................... .... . ........ . . ...... .... ......I..I.......................... ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........... as. ..................... ..... .. .... 6,.... . .. a.. . a...... 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within consecutive"calendar days from said date. Iii MG17335.Ai Contract I • 3. That the Owner hereby agrees to pay to the Contractor for the • faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in r;? lawful money of the United States, the amount of: TWENTY-ONE MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100------------ .................................................................. ------ -----------------Dollars ( 21,232,000.00 ) based on the Lump Sum Price contained herein. 4. That on or before the 15th day of each calendar month, the Second Party shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, -LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has-been accepted by the Owner. 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full,final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. - 6. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rates designated in the Proposal, plus any monies paid by the Owner to the Engineer for additional engineering and inspection services associated with such delays. 7.• It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to • the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful_ performance of the work shall be furnished in manner and form satisfactory to the Owner. MG17335.A1 Contract 2 I:. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in ....... nine................. (..?....) counterparts, each of which .. shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: ATTEST: C rk Appr ved as to for ≤4tm101 a t orney for Owner Olson Construction Company ......................•.......•1•• Contractor By Title CITY OF FAYETTEVILLE MG17335..Ai Contract This SUPPLEMENT TO (ttffiW2I2 made and entered into on the day of , 1984, by and between Olson '_ Construction Company, herein called the "Contractor", and the City of Fayetteville, Arkansas, herein called the "Owner". WHEREAS, on this date the Owner and the Contractor are executing Contract "A" for improvements to the Owner's wastewater treatment plant which contract is incorporated herein by reference thereto; and W]EREAS, the Contractor and the Owner desire to supplement said contract. NOW, THEREFORE, the Contractor and the Owner hereby mutually agree as follows: 1. That 113 of the aforesaid contract is hereby supplemented by adding the following: The Owner's obligation to pay the Contractor the amount of $21,232,000 shall be payable solely from the Owner's sewer improvement construction fund which fund shall consist of only (1) federal grant funds received by the Owner under •the Clean Water Act for EPA Project No. C-050366-11, and • (2) proceeds fran the Owner's sale of sewer improvement bonds. IN WTIINSS WHEREOF, the Contractor and the Owner have executed this supplement to Contract on the date first above written in nine (9) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original supplement to contract. OLSON CONSTRUCTION . ? i I � _y } By: l '\ Title: �//!<- n;dal/�f \ r - WITNESS: CITY O 'AYETTEVIJ.LE, ARKANSAS By: 'Gam'!/ L/)' iyfrw. Mayor tT� DC0168 PERFORMANCE BOND ----------- ---- Bond Nos 76.46 : "� p7 tS • • oo STATE OF ARKANSAS Amount: Ste. r. 44 y v7, �C� KNOW ALL MEN BY THESE PRESENTS, that we, ............................. Olson Construction Company ........................................ . ............ . . . . . . . ........., as Principal and Contractor, and.........a........................... UNITED STATES FIDELITY AND GUARANTY COMPANY hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas, and represented by its .........................Purchasing Agent............................, hereinafter called Owner, in the sum of TWENTY-ONE MILLION, TWO HUNDRED............................ THIRTY-TWO THOUSAND AND -NO/100-------------------------------------------------- ...................................6a.. a ...... .. ........ ... .. . . . .. . . .. --------=-------------------------=------Dollars 21,232,000.00 ............ a.. a..... ($.....5................) , lawful money of the United States of America, for the payment of which.well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above named Principal has entered into a Contract with the above Owner, dated this ..... day of 19..., to furnish at his own cost, charges, and expense tall the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's Consulting Engineers, CH2M HILL, all of which are made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bound Principal shall in all respects comply with the terms and conditions of said Contract and his obligations thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, Invitation to Bid, Instructions to Bidders, the Contractor's bid as accepted by the above Owner, the Bid and Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and shall indemnify and save harmless the above Owner against and from all costs, expenses, damages, injury, or loss to which said Owner may be subject by reason of any wrongdoing, MG17335.A1 Performance Bond 1 misconduct, want of care or skill, negligence, or default, including patent infringements on the part of said Principal, his agents or employees, in the execution or performance of said Contract; and further that if said Principal shall promptly make payments to all persons supplying materials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Arkansas Statutes, and further, that if said Principal shall abide by and be governed by the conditions of said Arkansas Statutes providing that the whole amount due under said Contract shall not be paid until said work shall have been inspected and accepted by the City of Fayetteville; and further, if the retainage provided in the General Conditions shall remain unpaid until such final inspection and acceptance of the work by the Owner; and further, that if said Principal shall promptly repay the Owner any sum which it may be compelled to pay because of any claim for labor or material furnished for the work expressed in said Contract, then this obligation shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically'mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall affect said obligation of said Surety on this Bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Arkansas Statutes. Any actions against the Contractor or the Surety shall be brought within the time specified by Arkansas Statutes. MG17335.Al Performance Bond 2 IN WITNESS WHEREOF, said ,Olson Cc�strucx3gq,goInpdAX.........a........, as Principal and Contractor hereunder, has caused these presents to be signed in ....rr..lg..nginged....t..... (...9...) original counterparts in his name, and wUNIItD SIATEI0t�IQY��J�PUsI)tdf}Yt, Pl scribing witnesses and the said ................................................... as Surety, has caused these presents to be signed in nine.,,/........... (..b••. original counterparts in its name by its ffi, dT1t(tl�: :..:?.`.fo.5........ under its corporate seal, this .IZ8.. day of A.D. 19�g Signed, sealed and delivered in the presence of: ................ a...... a.... a.... .. . . . a ... . . . . ... . . . ... . . . .... . . .. As to Principal 2aaaaaaaaav O]spp40gilgtxpc44QR FD Princip-Contracto By.. /LA/ Title IDfLIJY.ANA ur .. ....... .. Attorney -in -Fa (Power -of -Attorney -t o-'oeatjtac id/.4�..:..\� 4C� I : c. L BI A.!CY�4 Qom:::..! . - .... . . . As to Surety Resident-Agent- 'S/v�y U �T li P J /O/1 f N/ NOTE: The SURETY named on this bond shall be one who is lieensedto conduct business in the state where the project is located, andnamed in the current list of Companies Holding Certificates of Author'itp as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the SURETY at the time of the signing of this bond. MG17335,Al Performance Bond 3 6 CERTIFIED COPY GENERAL POWER OF ATTORNEY No............82.270 ............... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the Stain of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Charles F. Simmons of the City of Lincoln ,State of Nebraska its true and lawful attorney JQcut�cjojcJbctjwcaccc for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and alVat:ts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMIPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Charles F. Simmons may lawfully do'in'th'rfeemi�s�es,by virtue of these presents. In IF(t tess'K h` ere�i J thersaid UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be �' b' scaled with<i8corpor5�tei dal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of K i/%?.,. S ptember A. D. 19 71 „tI"y_ UNITED STATES FIDELITY AND GUARANTY COMPANY. Signed B Karl 11. Doerre tm*� ( ) y ...................................................... Vice -President. (SEAL) (Signed) Charles 0. Mullennix .................................................... Assistant Secretary. STATE OF MARYLAND, 1 ( ss: BALTIMORE CITY. On this 17th day of September , A. D. 19 71, before me personally came Karl H. Doerre . Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Charles 0. Mullennix . Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore. Maryland; that they, the said Karl H. Doerre and Charles 0. Mullennix were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19 .......... (SEAL) (Signed) ...Herbert ,J..,Aull ................................ Notary Public. STATE OF MARYLAND ) ' Sec. BALTIMORE CITY, I, Robert H. Douse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Marylard. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 17th day of September , A. D. 1971 (SEAL) (Signed Robert II. Douse Clerk of the Superior Court of Baltimore City. FS 3 (9.67) •Aiolaisa5 luelr;SSV ............................................ ... ........... r` 0100! 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J° 104110 10 luapisaid sic laModwa put az!ioylne 'saop Agalay 7! pus 'op .(uodwO, 6191 Imp 'paajOsaIl 7! ay 'aao/aiayy -puejpun°JMON Jo .kuoloo ayi u! put tpeuoO Jo uoiu!wou ayi Jo Sa3ULtold ayi u! pull salpis ¢0!118 ayi Jo sarioluiay ayi u! pue puvpU vjAj 11¢41 iagio salels u! aweu sit u! put it 10J 130 of Aui0ylne put 1nMod 41!M s,(auzone put siva2e lu!odde .(uedwoD st41 1pgi ssautsnq Jo uop3Esueil jenl0aJ)a 041 io; A3ossaaau s! 1!'taaiay4J i0y,l NOLLSI'lOs311 30 AdOD DC0169 Bond No. 7: ��c�� +e' �-{ ��yy ii11 U O Amount: $Q/J. F? a;!FA ao OC e1 PAYMENT BOND STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we, ............................. Olson Construction Companx_ .. ... _.... ..... .............................•.s.... .. as Principal and Contractor, and ................................... UNITED• STATES FIDELITY AND GUARANTY COMPANY hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Fayetteville, Arkansas and represented by its Purchasing Agent, hereinafter called Owner, in the sum of TWENTX_ONE.... MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100------------------------------ ...................................................................... ------------------------------------------ Dollars ($.21,232.000.00.........), ..................................... lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents; the said sum being 100 percent of the amount of the Contract. WHEREAS, the above named Principal has entered into a Contract with the above Owner, dated this ..... day of ................... 19..., to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's Consulting Engineers, CH2M HILL, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounden Principal shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, Invitation to Bid, Instructions to Bidders, the Contractor's bid as accepted by the above Owner, the Bid and Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and further that if said Principal shall promptly make payments to all persons supplying materials, equipment, M17335.Al Payment Bond 1 9 and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Arkansas Statutes, and further, that if said Principal shall abide by and be governed by the conditions of said Arkansas Statutes providing that the whole amount due under said Contract shall not be paid until said work shall have been inspected and accepted by the City of Fayetteville; and further, if the retainage provided in the General Conditions shall remain unpaid until such final inspection and acceptance of the work by the Owner; and further, that if said Principal shall promptly repay the Owner any sum which it may be compelled to pay because of any claim for labor or material furnished for the work expressed in said Contract, then this obligation shall be void; otherwise, to remain in full • force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall affect said obligation of said Surety on this Bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Arkansas Statutes. Any actions against the Contractor or the Surety shall be brought within the time specified by Arkansas Statutes. M17335.Al Payment Bond 2 IN WITNESS WHEREOF, said ..., •Olson. Construction Comma•nx as Principal and Contractor hereunder, has caused these presents to be signed in .....•S aWing,,,,,,,,,,, ( 9,,,,,) original counterparts in his name, and witnessed by two attesting and subscribing witnesses and the said ....UN)T,ED.STATES. FIDELITY, AKD, GUMANT.Y. GQMPABY .............. . as Surety, has caused these presents to be signed in niu ......... (.L9../y.) original counterparts in its name by its lad .;n.P...gel?;, I •....... under its corporate seal, this ..4. day of ....P:''1*??... A.D., 19 Signed, sealed and delivered in Olson construction .c.gth y .............. the presence of: Principal-Contracto?c` r- af2J' A, By z. .._.:::y:,.r.:. �... . . . . . .. .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . .. . . •1a. . . ../. .er . .. a,.\... : .. a - *Q. to Principal Title '`: ' UNITEQ'$JA $ F ITY AND GUARAN Y'COMPANY Sire 2__Jcl2_.__/ .1... . a a a a Attorney-in-Fac r (Power-of-Attorne orbeatt=ac wed) � As to S rety Resident Agent ,,_ M_.._ x. r�F /,r _ ,n•8n� NOTE: he SURETY named o this bond shall be one who is license Ito conduct business in the state where the project is located, an`d named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be.accompanied by a certified copy of the authority to act for the SURETY at the time of the signing of this bond. * * * * M17335.A1 Payment Bond 3 , CBRTI1IttD COPY GENERAL POWER OF ATTORNEY No,........... 82270 ........... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the Stm,: of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Charles F. Simmons of the City of Lincoln ,State of Nebraska its true and lawful attorney for the following purposes, to wit: To sign its name as surety Co. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all atas and things set forth in the res'huion of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY ANI) GUARANTY COMPANY, through us, its Board of Directors. hereby ratifies and confirms all and whatsoever the said may scale (SEAL) STATE OF MARYLAND, ss: BALTIMORE CITY, Charles F. Simmons these presents. ITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be by the signatures of its Vice -President and Assistant Secretary, this 17th day of A. 9.1971 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) (Signed) By Karl II. Doerre ......................................... Vice -President. Charles 0. Mullennix ...............................................I....... Assistant Secretary. On this 171h day of September , A. D. 19 71, before me personally came Karl H. Doerre .Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Charles 0. Mullennix . Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Karl II. Doerre and Charles 0. Mullennix were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19......... (SEAL) (Signed) ...Herbert.J...Aull............4... Notary Public.. . STATE OF MARYLAND l 1) BALTIMORE CITY. Sct. 1. Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 17%! day of September . A. D. 1971 (SEAL (Signed Robert „H.. Bouse......................... ) ) .................. Clerk o/ the Superior Court of Baltimore City. FS 3 (9-67) ="" 'A/o73alas Iuoislsiy ......................... 0.................. .. � V I (Diva) ••• 39sI '8Z i+e9Jkj " ANVdIWD A.LNVHVf1C) QNV A.LI13QId S3.LVIS Q3.LINII aq i jo leas ayi put pueq Aw let o2unaaay aaeq 7 t/baaay wudmuaaj uj •8u!iaaw plus jo sainurw ayi ui paptoaaa se joaadyl alogM ayi pue'uopn(osaa plus jo Ado a laaaaoa pue anal a s! 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'orjy put 'paMOlle Mtj All ao 's2ulpaaaoad ao suopae u e u! pall!waad ao paambaa 'saupleU3pun pug spuoq awaaluelen8 JO Sunnoaxa pue sa!3tlod aauwnsu! uey2 19410 si32aiuoo jo saaueuuojaad ayi 9ulaaluaaanS -2s2u1 almtrad io 31lgnd jo suo!i!sod Su!P1oq suosiad jo .Aglapy 341 SuraalueaenS 5131112 -UO3 lie put Aue aat!lap pue a2n3axa of 232 Si! ea put aweu Sl! ul-Auedwo) pies jo sIua$e io luaae 10 130j-ul-saau.w1le 10 AaUione Sc suosaad 10 uosaad Aug luroddu 01 'leas aieaodioa sit aapun 'Sauelai3a5 iuuistssV sit jo ago to .Qe1al3a5 sit 41!M uonaunluoa u! s1uaprsa1d -a3!A 921 ;o 1agna ao Iuap!saad sit aaModma put azuoyma 'seep Agaaaq I! put 'op Auedwoo s!yy ingi 'paajosag I? aq 'aao faaay j; puglpunosMaN jo (uoto3 aye u! pue epaut0 ;o uo!ulwoQ aye jo Sa3u!AOad 041 u! pull salels pallufl ayi fo sapotuaay 9111 u! pue 'puv[AivjAj uegl aagio Sa1e25 u1 aweu siU ! P"° IT aoj iae 01 AUtoglnt put aaMod yliM sAauionu pue s2uaae 2uioddg Auudwoj $ryl 1842 ssaursnq jo goii38suea2 1en23ajja ayy aoj Altssaaau silt 'roaaagm rally NOLLI11OS3H 40 AdOD C1 PRODUCER ;Lk_REYNOLDS-SIMMONS- _ i2IP.O, Box Lincoln, NE066 NELSON INSURANCE Nuts :: . 1SSUE1 685 . E..i 09. RIDHTsu ' 13 Nad E><TEND OR ALTS CE� ACSA A MATTER OF INFORMATION ONLY RAGE HOLDER. THIS CERTIFlCATE Nt CORgp OFiDED.BY-TRE-POUCIES INSURED 7 ER Y ORDIAIG COV RAGE Olson nstruct' CoAETNA __, E 3300 Ion COMP INSURgN Irvi Rock Island RoC°mpanY LET7pq Y a E COMPANY ng, TX C RANY -y 43 'Il HIS is1M3 CERTIFY LETMER Y g' REISSUED DING ANYo�VpESOFw�.,_ - ,•e, . CoLTYPE __`"ca'. .,.auggMCf AFFOgpED 1BYN OF ANYpN ER LRSUED 7SF - y .. ..•. OF INSURANCE THE POUCIESI SCPo R T ... IDOCURE r.• i L „ GENERAL UAB7 HEREIN fS ME T N RESPE F n POLICY p IO LITy POLICY NUMBER TO ALL THE T MIHICH TM1S ERIppINDICATED , . C MIPREHENSNE FORM ERMS aCERTI ft Od FffCliy[ Ib(1LY , EXCLUSIONSTCEO4 ', PAEMLSES•DpE M,D UNDERGROUND�n , ANDND DATE '. (MTµ, ryyh' LABILITY LIMBS tN 0:00SION & . PRcoUcTSvoMc [jE HWWARD UAEAOH THOUSANDS if OONIRACTUALOPfR4RONS IBODILY R $ INADORE(yA7E i �.'. DEPENDENT - $ CONTgACTOAS P PERSONAL IN1UR AGE• DAµ4 $ $ . BI s PD :;. AUTOM0&1 COMBINED $ :d LE UABILtry $ • �0'ADTp p ALL OWNED AUTOS ALL (aPRN. PASS.) PERSONAL INJURY OWN ED AUTOSYPEIp7}IAN $ 1 N31J11 • HIRED gUIDS ASS. B%RY NON -OWNED AUT pt w .y ,. OS GAggGE LIABILITYM $ -•..r` 11fA MygLjl,O $ ••'.. XCESS,'iuA81LITY UMBRELLA FORM O OUGEry $ k OR1FR, THAN UMBRELLA FORM BI a PH ./ CCOMBINED $ WORKERS• COMPENSATION AND BIa { IABILIN COMD°NED $ $ L+'_ ILL :can!vi,4 A All Risk STATi,I ; - I Ins ta]lati on Floater $ NCH ACCIDENT). DEscRIPnoN of DpE IMF 85 64 93 SSCCyp RATION Continuoo $ NISFASE-POLICY LIM } I Sh S tt WW �LOCAnONg CI� ()t Wa�SNS�U k Treatment PPECALITMS completio s of job 521 232 (DISEASE-EACHEMPLC NFa wi l� resFe t ev Iant Improvements eXOaPtD d0 p0A Per .o a�Is' rokecisas and CH2M Hi Il Contract q 5p 0 1 ea the um City op F (engineers 00 maxim aYetteville are Ded, •'" _ consid Fayetteville, Ark - s eyed additional ansas :,NY OF t insureds S Com- Iure to 1. q . • '`-'".�c$revske',Oa'CORPpq N 1,98g;vy' ATI�pr, ®�ISSali UE DATE (MM/DDNY) ...fix ` i'9 q 12-27-84 PRODUCER -. - ., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS REYNOLDS-SIMMONS-NELSON INSURANCE NORIGHTSUPON:THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER"THE COVERAGE AFFORDED BY THE POLICIES BELOW. • P.O. Box 95066 ��. Lincoln, NE 68509 COMPANIEScAFFORDING COVERAGE - ..______________________________________________ ANY COMPA AETNA INSURANCE COMPANY LETTER COMPANY . INSURED LETTER Olson Construction Company COMPANY 3300 Rock Island Road LETTER C Irving, TX COMPANY D LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 CONDO TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLIO/ EFFECTNE POLICY DPRATION LIABILITY UMITS IN THOUSANDS tin DATE (MINOD'Y'DAZE (MMNM'YI "P EAC AGGREGATE OCCURR GENERAL LIABILITY BODILY11 COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND _ DAMAGE $ $ ! EXPLOSION S COLLAPSE HAZARD PROOIICTSICOMPLETEW OPERATIONS CONTRACTUAL CI A COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PHV. PASS.) GODLY ALL OWNED AIROS'(9PASS. ) HIRED AUTOS NON -OWNED AUTOS - DAMAGE $ GARAGE LABILITY - 61 A PD COMBINED $ iI EXCESS LIABILITY UMBRELLA FORM COMB NED $ $ Ft OTHER THAN UMBRELLA FORM STATUTORY .., WORKERS' COMPENSATION - AND r!e $ (EACH ACCIDENT) EMPLOYERS' LIABILITY (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) LI OTHER Continuos to $21 232,000.00 -with A All Risk IMF 85 64 93 completio of job I5,Ob0 D d. Al& Perils in Installation Floater exc ptl o e rth- upica U coo. with DCCESCCRIIPRRTIION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS . 50 ,000 maximum Ded. 8DtITI NALa1NtURED1 Treatment Plant Improvements Contract A CiR 0 FeX ttov Fi Arkgclas and CH2M Hill (engineers) are considered additional insureds City of Fayettev i 11 a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIQ$ DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Fayetteville , Arkansas JU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ALLURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF B IG D UPON COMPANY, ITS AGENTS RESENTATIVES. - A HOR ATIVE cord. ,2 *,A ME AND ADDRESS OF AGENCY I, ClantonrCrowther & Ccrrpany COMPANIES AFFORDING COVERAGES dj 720 Olive Street retn R A Integrity Insurance Carpany -' Suite 1905 St. Louis, NO 63101 COMPANY :' - B Mt. LETTER Hawley Insurance Corrpany h; AND ADDRESS OF INSURED •• y " Olson Construction Cmpany "`IP rD:.+PAN, 33 Rock Island Road Irving, Texas 75060 `EI'fl` - COMPANY E fl 'P_^ LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in torte at this time. Notwithstantlingciny 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 of Liability in Thousands( O) ' COMPANY LETTER TYPE DTINSDRANDE POLICY NUMBER POLICY EXPIRATION DATE IFCH AGGREGATE tt OCCURRENCE =• GENERAL LIABILITY 1. BODILY INJURv S f El FORM+ VT y:. ❑ PREMISES —OPERATIONS PROPERTY DAMAGE f f ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTStCOMPLETCD OPERATIONSHAZARD BODILY INJURY AGD CONTRACTUAL INSURANCE PROPERTY DAMAGE f S • ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ " 4 INDEPENDENT CONTRACTORS • - ❑ PERSONAL INJURY RER50r; aL INJURY f r' AUTOMOBILE LIABILITY RODRY UJUPY -' a�w ' ❑ lFcr if LP50::1 '+ �•b,' � f F`a COMPREHENSIVE !OR!A HCDILV INJUR'i ACCIDENT? 1 =' •' yj'y' OWNED (EACH -.? + �' F ❑ HIRED s • PRDPEPTY DAMAGE E [II NON "OWNED _ 801)1 VIN NPY AND POOP[RT Y DAVAC. E EXCESS LIABILITY - UMBRELLA FORM. - A >(L208008 3/1/85 $10>,'000'I001]E 1 `excess u # i `' LiOTHER THAN WAFFLE LA $,000,000 FOR,.,coM+l?Ir:.0 WORKERSCOMPENSATION ;. and EMPLOYERS' LIABILITY — — � ^LB Excess Liability Urbrella Form FvWJ415056 3/1/85 $5,000,000 in excess of 'mo--'ma^P'��. _ f o�i . .. - r.. , - b -♦ -�-' - m M1. _ iJ..J. ✓'..'y.�i.1-,ii ti1'ati.��.•�.- � _ _ r. ,.-.,-, --[ .•_��♦-TilJ • O Il 0l�r• i.r•-------.Lrl.�u�.-. �.�.bl„•'%�1'1 [ i ITV.• V' V.Lnnl•VI\J.LVbN 11V.l ,vr Vl.a Waste Water Treatntnt Plant Irrproverent Fayetteville, Arkansas Cancellation: -- or _rna t e r i a l ty a It e i' ed---`--- Should any of the above described policies be eancelledl/t14'Inr" the exoi L1(IO fI date Me; eat. .lhe Issuln.g com- pany will endeavor to mad n_ days written nonce to the below named certificate holder. but failure to I nail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OC CCR1IFICATE HOT OEP City of Fayetteville 113 West lvbuntain Street City Adninistration Building Fayetteville, Arkansas 72702 ACORD 25 (1.79) CERTIFICATE OF INSURANCE Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. �,o.,e and address of Insured Olson Construction Company I 3300 Rock Island Road Producer No.: 6620 Irving, TX 75060 Place: Omaha, NE Date Issued: 12-28-84 Region: 07 Kind of Coverage 'e Expiration Dole Policy Number e+ unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all slates (except states Stole Funds, and Canada) and as designated in where coverage can be provided only by the policy and endorsements for Port Two Workers Compensation„ 2 3 1 85 0715 00 049968 — Employers Liability. Limits of Liability Comprehensive I 2 General Liability 3 1 85 0725 00 049968 Bodily Ina I ry PropertyDama e 9 $ E Each Occurrence Aggregate $ $ Each Occurrence Aggregate Special Multi -Peril or Trademark (Section II only) I I Products - Completed Operations: Included ❑ Excluded Single Limit f 500,000 Each Occurrence Contractual - All Written Contracts: rrI�N,t W Included Cl Not Covered $ 500,000 Aggregate Owneri, Landlords' $ Each Occurrence $ Each Occurrence and Tenants' Liability $ Aggregate Contractual liability — Designated Convocts $ Each Occurrence $ S Each Occurrence Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability I 21 3 1 85 10725 02 049968 $ Per Person ® All Owned Autos Xl Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500,000 Per Accident Umbrella Liability 2 3 1 85 0735 00 049968 $ $ $ 5,000,000 5 000 000 , , 10,000 Each Occurrence Aggregate Products - Completed Operations Relenlion apectat rroenronsycocmtonsyapecntoa autos: The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner. Covering: Wastewater Treatment Plant Improvements, Fayetteville,AR. Additional Insureds: City of Fayetteville,AR, 113 W. Mountain Street,City Administration Bldg., Fayetteville,AR 72702, the Engineer, CH2M Hill, 7201 N.W. 11th Place,Gainesville,FL 32605 as well as both the Owner's and Engineer's officers, agents and employees on policies 0725-00-049968;0725-02-049968 and 0735-00-049968 ed by the polity •The entry of a or means of any contract or other document with respect to to all of the terms, exclusions and conditions of such coverage Issued to: City of Fayetteville 113 W. Mountain Street City Administration Building Fayetteville, AR 72702 may be issued or a the termisl there +Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 1. WAUSAU LLOYDS rJ Signed s- Amhor,,ed Company Rep mauve (5) 15.5736 DCO170 GENERAL CONDITIONS ------- ---------- CONTENTS DEFINITIONS Page 1. AS APPROVED 5 .......1911 .... . ... ........ . .. .. . ........a . . . . 2. AS SHOWN, AND AS INDICATED ............................... 5 3. BIDDER ........................... . . . . . . . . . 1111.... . . . . . . . 5 4. CONTRACT .................. . . . . . . . . . . . . . . . . . . . . . . . . 1111... 5 5. CONTRACT DOCUMENTS ....................................... 5 6. CONTRACTOR ............................................... 6 7. DAYS.................................a•.................. 6 8. DRAWINGS...................a........ ........ .....a.. as. a. 6 9. ENGINEER............................a.................... 6 10. NOTICE..................................................s 6 11. OR EQUAL......................a..a................s...... 6 12. OWNER............................a...a.a....5............ 7 13. PLANS (See DRAWINGS) 7 ..................................... 14. SPECIFICATIONS ........................................... 7 15. NOTICE TO PROCEED...............a........................ 7 16. SUBSTANTIAL COMPLETION ....................a...a.a....a... 7 17. WORK ..................................................... 7 MG17335.A1 General Conditions 1 Page CONTRACT DOCUMENTS -------- --------- 18. INTENT OF CONTRACT DOCUMENTS ............................. 19. DISCREPANCIES AND OMISSIONS .............................. 20. ALTERATIONS........................................a..... 21. VERIFICATION AND WARRANTY ...... . . . . . a.... .. . .. .. . .. a a .... 22. DOCUMENTS TO BE KEPT ON THE JOBSITE ...................... 23. ADDITIONAL CONTRACT DOCUMENTS ............................ 24. OWNERSHIP OF DRAWINGS............a.a..................... THE ENGINEER 25. AUTHORITY OF THE ENGINEER...............................a 26. DUTIES AND RESPONSIBILITIES OF THE ENGINEER ............... 27. REJECTED MATERIAL ........................................ 28. UNNOTICED DEFECTS..................a......a.............. 29. RIGHT TO RETAIN IMPERFECT WORK .......................... 30. LINES AND GRADES ........................................ 31. SHOP DRAWING SUBMITTAL PROCEDURE ........................ 32. DETAIL DRAWINGS AND INSTRUCTIONS ........................ THE CONTRACTOR AND HIS EMPLOYEES ------------ --- --- --------- 7 8 8 9 9 9 9 10 10 11 11 11 11 11 12 33. INDEPENDENT CONTRACTOR ................................... 13 34. SUBCONTRACTING ............ . . . a . a . . . a a . . . . . . a . . . . . . . . ..... 13 35. INSURANCE AND LIABILITY .................................. 13 36. INDEMNITY ............a ................ . . . . . a . . . . . . . . . ... . . 15 37. TAXES AND CHARGES.......................................0 16 • • MG17335.A1 General Conditions 2 Page 38. ORDINANCES, PERMITS, AND LICENSES ......................... 16 39. SUPERINTENDENCE .......................................... 17 40. RECEPTION OF ENGINEER'S DIRECTIONS ....................... 17 41. SANITATION...............................................a 17 42. EMPLOYEES ............a ........................:10.11..... 17 43. PROJECT MEETINGS..........a....a......................... 17 44. SAFETY ................................................... 18 45. CONTRACTOR'S TOOLS AND -EQUIPMENT ......................... 19 46. PROTECTION OF WORK AND PROPERTY .......................... 19 47. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY ......... 19 48. MATERIALS AND APPLIANCES.....a........................... 19 49. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS ................. WITH STATE 20 50. SUBSTITUTION OF MATERIALS ................................ 20 51. TESTS, SAMPLES, AND INSPECTIONS ...................a....., 21 52. ROYALTIES AND PATENTS .................................... 21 53. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT .... 21 54. CORRECTION OF DEFECTIVE WORK AFTER FINAL ACCEPTANCE ...... 22 PROGRESS OF THE WORK 55. BEGINNING OF THE WORK.........................a.......... 22 56. SCHEDULES AND PROGRESS REPORTS ........................... 22 57. PROSECUTION OF THE WORK .................................. 23 58. ASSIGNMENT ......a ............................0.004....... 23 59. OWNER'S RIGHT TO DO WORK............a .................... 23 MG17335.A1 General Conditions 3 Page C 60. OWNER'S RIGHT TO TRANSFER EMPLOYMENT ..................... 24 61. DELAYS AND EXTENSION OF TIME ............................. 24 62. LIQUIDATED DAMAGES ....................................... 25 63. OTHER CONTRACTS .......................................... 26 64. USE OF PREMISES .......................................... 26 65. SUBSTANTIAL COMPLETION DATE .............................. 27 66. PERFORMANCE TESTING ........ ............ ......... .......s. 27 67. OWNER'S USE OF PORTIONS OF THE WORK ...................... 27 68. CUTTING AND PATCHING ..................................... 27 69. CLEANING UP ............................................... 28 PAYMENT 70. PAYMENT FOR CHANGE ORDERS ................................ 28 71. PARTIAL PAYMENTS ..............................,............. 31 72. CLAIMS ................................................... 33 73. NOTICE OF CLAIM FOR DELAY ................................ 33 74. RELEASE OF LIENS OR CLAIMS ............................... 34 75. FINAL PAYMENT ............................................ 34 76. NO WAIVER OF RIGHTS ...................................... 34 77. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE .......... 35 Si MG17335.A1 General Conditions 4 GENERAL CONDITIONS These GENERAL CONDITIONS contain contractual -legal Articles that establish the requirements and conditions governing responsibility, policy, and procedures that apply during the construction and warranty period. This part of the Contract Documents is preprinted. Any modifications to the following Articles that are special to the project under consideration will be made in the SUPPLEMENTARY CONDITIONS. Requirements and conditions that have special significance to the Contract for the contemplated work on this project are as set forth in the remaining sections of these Contract Documents. DEFINITIONS Wherever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows: 1. AS APPROVED The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the Engineer". 2. AS SHOWN, AND AS INDICATED The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Drawings". BIDDER The person or persons, partnership, firm, or corporation submitting a Proposal for the work contemplated. 4. CONTRACT The "Contract" is the written agreement covering the performance of the work and the furnishing of labor, materials, incidental services, tools, and equipment in the construction of the work. It includes supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders. 5. CONTRACT DOCUMENTS The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions of the Contract, the Specifications, and the Drawings, including all modifications thereof incorporated into the Documents before their execution, and including all other requirements incorporated by specific reference thereto. These form the Contract. MG17335.Al General Conditions 5 6. CONTRACTOR The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by the Owner. 7. DAYS Unless otherwise specifically stated, the term "days" will be understood to mean calendar days. 8. DRAWINGS The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents, regardless of the method of binding. 9. ENGINEER The person or organization identified as such in the Contract Documents. The term "Engineer" means the Engineer or his authorized representative. 10. NOTICE The term "notice" or the requirement to notify, as used in the Contract Documents or applicable State or Federal statutes, shall signify a written communication delivered in person or by certified or registered mail to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended. Certified or registered mail shall be addressed to the last business address known to him who gives the notice. 11. OR EQUAL The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. •I MG17335.Al General Conditions 6 12. OWNER The person, organization, or public body identified as such in the Contract Documents. 13. PLANS (See DRAWINGS) 14. SPECIFICATIONS The term "Specifications" refer requirements contained herein. such as those of ASTM, AASHTO, the applicable portions of such become a part of these Contract 15. NOTICE TO PROCEED s to the terms, provisions, and Where standard specifications, etc., have been referred to, standard specifications shall Documents. A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform his obligation under the Contract Documents. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. 16. SUBSTANTIAL COMPLETION "Substantial completion" shall be that degree of completion of the project or a defined portion of the project, sufficient to provide the Owner, at his discretion, the full-time use of the .project or defined portion of the project for the purposes for which it was intended. 17. WORK The word "work" within these Contract Documents shall include all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or. indicated and as required by good practice to provide a complete and satisfactory system or structure. As used herein, "provide" shall be understood to mean "provide complete in -place", that is, "furnish and install". CONTRACT DOCUMENTS -------- --------- 18. INTENT OF CONTRACT DOCUMENTS The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Documents is to include all work (except specific items to be furnished by the Owner) necessary for completion of the Contract. Materials or work described in words which so applied have a well-known technical and trade meaning shall be held to refer to such recognized standards. MG17335.Al General Conditions 7 19. DISCREPANCIES AND OMISSIONS Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. CONTRACT 2. SUPPLEMENTARY CONDITIONS 3. INSTRUCTIONS TO BIDDERS 4. GENERAL CONDITIONS 5. SPECIFICATIONS 6. DRAWINGS Figure dimensions on Drawings shall take precedence over scale dimensions, detailed Drawings shall take precedence over general Drawings. 20. ALTERATIONS The Owner, without notice to the Sureties and without invalidating the Contract, may order changes in the work within the general scope of the Contract by altering, adding to, or deducting from the work, the Contract being adjusted accordingly. All such work shall be executed under the conditions of the original Contract, except as specifically adjusted at the time of ordering such change. In giving instructions, the Engineer may order minor changes in the work not involving extra cost or extra time and not inconsistent with the purposes of the project, but otherwise, except in an emergency endangering life or property, additions or deductions from the work shall be performed only in pursuance of an approved Change Order from the Owner, signed or countersigned by the Engineer, or a Change Order from the Engineer stating that the Owner has authorized the deduction, addition, or change, and no claim for additional payment shall be valid unless so ordered. If the work is reduced by alterations, such action shall not constitute a claim for damages based on loss of anticipated profits. MG17335.A1 General Conditions 8 21. VERIFICATION AND WARRANTY The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and • determine the nature and location of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release • the Contractor from the obligations of this Contract. The • Contractor warrants that no verbal agreement or conversation with any officer, agent, or employee of the Owner, or with the Engineer either before or after the execution of this Contract, has affected or modified any of the terms or obligations herein contained. 22. DOCUMENTS TO BE KEPT ON THE JOBSITE The Contractor shall keep one copy of the Contract Documents on the jobsite, in good order, available to the Engineer and to his representatives. The Contractor shall maintain on a daily basis at the jobsite, and make available to the Engineer on request, one current record set of the Drawings which have been accurately marked up to indicate all modifications in the completed work that differ from the design information shown on the Drawings. Upon substantial completion of the work, the Contractor shall give the Engineer one complete set of marked up record Drawings. 23. ADDITIONAL CONTRACT DOCUMENTS The Engineer will furnish to the Contractor on request and free of charge, five sets of the Contract Documents and three sets of full-size Drawings. Additional copies of Contract Documents or Drawings may be obtained on request by paying the actual cost of reproducing the Contract Documents or Drawings. 24. OWNERSHIP OF DRAWINGS All Drawings., Plans, Specifications, and copies thereof furnished by the Engineer and the Owner are their property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to them on request at the completion of the work. Any reuse of these materials without specific written verification or adaptation by the Engineer and the Owner will be at the risk of the user and without liability or legal expense to the Engineer and the Owner. Such user shall hold the Engineer and the Owner harmless from any and all damages, including reasonable attorneys' fees, up to the amount of the Contract price herein, from any and all claims arising from any such reuse. Any such verification and adaptation by the Engineer and the Owner will entitle the Engineer to further compensation at rates to be agreed upon by the user and the Engineer and the Owner. All models are the property of the Owner. MG17335.Al General Conditions 9 THE ENGINEER 25. AUTHORITY OF THE ENGINEER The Engineer shall be the Owner's representative during the construction period. His authority and responsibility shall be limited to the provisions set forth in these Contract Documents. The Engineer shall have the authority to reject work and materials which does not conform to the Contract Documents. However, neither the Engineer's authority to act under this provision, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, their respective Sureties, any of their agents or employees, or any other person performing any of the work. 26. DUTIES AND RESPONSIBILITIES OF THE ENGINEER The Engineer will make periodic visits to the site of the project to observe the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the intent of the Contract Documents. He shall not be required to make comprehensive or continuous inspections to check quality or quantity of the work, and he shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the Engineer shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the work and to furnish materials and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract. The Engineer will make decisions, in writing, on all claims of the Owner or the Contractor arising from interpretation or execution of the Contract Documents. Such decision shall be necessary before the Contractor can receive additional money under the terms of the Contract. Changes in work ordered by the Engineer will be made in compliance with Article 20, ALTERATIONS. One or more inspectors may be assigned to observe the work for compliance with the Contract Documents and to act in matters of construction under this Contract. It is understood that such Inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. The Contractor shall furnish all reasonable assistance required by the Engineer or Inspectors for proper inspection of the work. Inspectors shall not have the power or authority to delete, increase, modify or otherwise change the requirements of the Contract Documents. The above -mentioned inspection shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the work and to furnish materials and perform acceptable work, and to provide adequate safety precautions, in conformance with MG17335.Al General Conditions 10 the intent of the Contract. $Ix 27. REJECTED MATERIAL . Any material condemned or rejected by the Engineer or his authorized inspector because of nonconformity with the Contract Documents shall be removed at once from the vicinity of the work by the Contractor at his own expense, and the same shall not be used on the work. 28. UNNOTICED DEFECTS Any defective work or material that may be discovered by the Engineer before the final acceptance of work, or before final payment has been made, or during the guarantee period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the Engineer to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. The Owner shall reserve and retain all of its rights and remedies at law against the Contractor and its surety for correction of any and all latent defects discovered after the guarantee period. 29. RIGHT TO RETAIN IMPERFECT WORK If any part or portion of the work done or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable. 30. LINES AND GRADES Lines and grades shall be established as provided in the SUPPLEMENTARY CONDITIONS. All stakes, marks, and other information shall be carefully preserved by the Contractor, and in case of their careless or unnecessary destruction or removal by him or his employees, such. stakes, marks, and other information will be replaced by the Engineer at the Contractor's expense. 31. SHOP DRAWING SUBMITTAL PROCEDURE The Contractor shall submit five copies to the Engineer for • his review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for the construction. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days for examining the shop drawings. MG17335.A1 General Conditions 11 These shop drawings shall be accurate, distinct, and complete, and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. Unless otherwise approved by the Engineer, shop drawings shall ' be submitted only by the Contractor, who shall indicate by a signed stamp on the shop drawings, or other approved means, that he (the Contractor) has checked the shop drawings, and that the work shown is in accordance with Contract requirements and has been checked for dimensions and relationship with work of all other trades involved. The practice of submitting incomplete or unchecked shop drawings for the Engineer to correct or finish will not be acceptable, and shop drawings which, in the opinion of the Engineer, clearly indicate that they have not been checked by the Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to the Contractor for resubmission in the proper form. When the shop drawings have been reviewed by the Engineer, two sets of submittals will be returned to the Contractor appropriately stamped. if major changes or corrections are necessary, the shop drawing may be rejected and one set will be returned to the Contractor with such changes or corrections indicated, and the Contractor shall correct and resubmit the shop drawings in quadruplicate, unless otherwise directed by the Engineer. No changes shall be made by the Contractor to resubmitted shop drawings other than those changes indicated by the Engineer, unless such changes are clearly described in a letter accompanying the resubmitted shop drawings. The review of such shop drawings and catalog cuts by the Engineer shall not relieve the Contractor from responsibility for correctness of dimensions, fabrication details, and space requirements, or for deviations from the Contract Drawings or Specifications, unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. 32. DETAIL DRAWINGS AND INSTRUCTIONS The Engineer will furnish, with reasonable promptness, additional instructions by means of Drawings or otherwise, if, in the Engineer's opinion, such are required for the proper execution of the work. All such Drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. MG17335.Al General Conditions 12 THE CONTRACTOR AND HIS EMPLOYEES ------------- --- ---k`-------- 5 33. INDEPENDENT CONTRACTOR The Contractor shall perform all work under this Contract as an Independent Contractor and shall not be considered as an agent of the Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. 34. SUBCONTRACTING Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer the names of all subcontractors proposed for the work, including the names of any subcontractors that were submitted with the Proposal. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform work of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without approval of the Engineer. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. 35. INSURANCE AND LIABILITY A. GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and shall pay all costs for said insurance. Before commencing work under this Contract, Contractor shall furnish the Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after 10 days' written notice has been received by the Owner." MG17335.Al General Conditions 13 C In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the • Contractor under this Contract. B. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation insurance and, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in work on the project under this Contract and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work. Where work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. _ D. GENERAL LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract such general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. Coverage for property damage shall be on a "broad form" basis with no exclusions for "XC & U." Amount of insurance to be provided shall be not less than $300,000 for bodily injury for each occurrence, with coverage for property damage not less than $100,000, plus umbrella coverage in the amount of $2,000,000 excess liability for the general liability and automobile liability insurance in an amount not less than $2,000,000 per occurrence. MG17335.A1 General Conditions 14 LJ I�• In the event any work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. The Owner and Engineer, their officers, agents, and employees shall be named as additional insureds on the Contractor's and any subcontractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Contract. E. BUILDERS RISK ALL RISK INSURANCE Unless otherwise modified in the SUPPLEMENTARY CONDITIONS, the Contractor shall secure and maintain during the life of this Contract, Builders Risk All Risk Insurance coverage in an amount equal to the full replacement value of structures, equipment, electrical, and mechanical systems only. Such insurance shall not exclude coverage for earthquake, landslide, flood, collapse, or loss due to the results of faulty workmanship, and shall provide for losses to be paid to the Contractor and the Owner as their interests may appear. F. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the SUPPLEMENTARY CONDITIONS. G. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. 36. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees, up to the amount of the Contract price, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the MG17335.A1 General Conditions 15 Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the inspection of the work that is the subject of this construction Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. The obligation of the Contractor under this Article shall not extend to the liability of the Engineer and his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs, or Specifications. 37. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes and all withholding taxes, whether State or Federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 38. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees necessary for prosecution and completion of the work shall be secured and paid for by the Contractor, unless otherwise specified. MG17335.Al General Conditions 16 39. SUPERINTENDENCE Ii .r The Contractor shall keep on the work, during its progress, competent supervisory personnel. The Contractor shall designate,- in writing, before starting work, an authorized representative who shall have complete authority to represent and to act :for the Contractor. The Contractor shall give efficient supervision to the work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the work under the Contract. 40. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized r the Contractor, shall represent the Contractor directions given to him by the Engineer. Such major importance will be confirmed in writing. will be so confirmed, in each case, on written the Contractor. epresentative of in all directions of Any direction request from 41. SANITATION Sanitary conveniences conforming to State and local codes shall be erected and maintained by the Contractor at all times while workers are employed on the work. The sanitary convenience facilities shall be as approved by the Engineer. 42. EMPLOYEES The Contractor shall employ only competent, skillful workers to do the work, and whenever any person shall appear to be incompetent or to act in a disorderly or improper manner, such person shall be removed from the work. 43. PROJECT MEETINGS The Engineer may conduct project meetings, as he deems necessary, for the purposes of discussing and resolving matters concerning the various elements of the work. Time and place for these meetings and the names of persons required to be present shall be as directed by the Engineer. Contractor shall comply with these attendance requirements and shall also require his Subcontractors to comply. MG17335.Al General Conditions 17 44. SAFETY <, The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the • work. This, requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the State Occupational Safety and Health Act, and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be. followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the jobsite, safety equipment applicable to the work as prescribed by the aforementioned authorities, all articles necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the jobsite. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim, MG17335.Al General Conditions 18 I• 45. CONTRACTOR'S TOOLS AND EQUIPMENT The Contractor's tools and equipment used on the work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the work specified, and shall be maintained and used in a manner that will not create a hazard to persons :or property, or cause a delay in the progress of the work. 46. PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract., The Contractor shall at all times safely guard and protect from damage his own work, and that of adjacent property (as provided by law and the Contract Documents). All passageways, guard fences, lights, and other facilities required for protection by federal, state, or municipal laws and regulations and local conditions, must be provided and maintained. The Contractor shall protect his work and materials from damage due to the nature of the work, the elements, carelessness of other Contractors, or from any cause whatever until the completion and acceptance of the work. All loss or damages arising out of the nature of the work to be done under these Contract Documents, or from any unforeseen obstruction or defects which may be encountered in the prosecution of the work, or from the action of the elements, shall be sustained by the Contractor. 47. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the Owner or Engineer, as the situation may warrant. The Contractor shall notify the Engineer thereof immediately thereafter. Any claim for compensation by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Owner through the Engineer and the amount of compensation shall be determined by agreement. 48. MATERIALS AND APPLIANCES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. MG17335.Al General Conditions 19 -I Unless otherwise specified, all materials shall be .new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. In selecting and/or approving equipment for installation in the project, the Owner and Engineer assume no responsibility for injury or claims resulting from failure of the equipment to comply with applicable national, state, and local safety codes or requirements, or the safety requirements of.a recognized agency, or failure due to faulty design concepts, or defective workmanship and materials. 49. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS The completed work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the work (including Owner -select equipment) subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. Contractors shall notify all equipment suppliers and subcontractors of the provisions of this Article. 50. SUBSTITUTION OF MATERIALS Except for Owner -selected equipment items, and items where no substitution is clearly specified, whenever any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of manufacturer, or by catalog number, such specifications shall be deemed to be used for the purpose of establishing a standard of quality and facilitating the description of the material o'r process desired. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design, and shall be deemed to be followed by the words "or equal". The Bidder may, in such cases, submit complete data to the Engineer for consideration of another material, type, or process which shall be substantially equal in every respect to that so indicated or specified. Substitute materials shall not be used unless approved in writing. The Owner or his authorized agent will be the sole judge of the substituted article or material. • MG17335,A1 General Conditions 20 I• 51. TESTS, SAMPLES, AND INSPECTIONS The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. The Owner, Engineer, and authorized government agents, and their representatives shall at all times be provided safe access to the work wherever it is in preparation or progress, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice of its readiness for inspection. Inspections to be conducted by the Engineer will be promptly made, and where practicable, at the source of supply. If any work should be covered up without approval or consent of the Engineer, it shall, if required by the Engineer, be uncovered for examination at the Contractor's expense. Reexamination of questioned work may be ordered by the Engineer, and, if so ordered, the work shall be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner will pay the cost of reexamination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall correct the defective work, and the cost of reexamination and correction of the defective work shall be paid by the Contractor. 52. ROYALTIES AND PATENTS The Contractor shall pay all royalty and license fees, unless otherwise specified. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Engineer harmless from any and all loss, including reasonable attorneys' fees, on account thereof, up to the amount of the Contract Price. 53. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court or other public authority for a period of more than 3 months, through no act or fault of the Contractor, its Subcontractors, or respective employees or agents, then the Contractor may, upon 15 days' written notice to the Owner and the Engineer, if said default has not been cured, stop work or terminate this Contract and recover from the Owner payment for the reasonable value of work performed. MG17335.Al General Conditions 21 54. CORRECTION OF DEFECTIVE WORK AFTER FINAL ACCEPTANCE The Contractor hereby agrees to make, at his own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms 'of this Contract, and pay for any damage to other works resulting from such defects, which become evident within 1 year after the date of final acceptance of the work or within 1 year after the date of substantial completion established by the Engineer for specified items of equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The effective date for the start of the guarantee or warranty period for equipment qualifying as substantially complete is defined in Article 16, SUBSTANTIAL COMPLETION, and Article 65, SUBSTANTIAL COMPLETION DATE, in •these GENERAL CONDITIONS. The Contractor also agrees to hold the Owner and the Engineer harmless up to the amount of the Contract price from liability of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order for same from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the work, and the Contractor and his Surety shall be liable for the cost thereof. Any additional requirements for the project relative to correction of defective work after final acceptance are set forth in the SUPPLEMENTARY CONDITIONS. PROGRESS OF THE WORK 55. BEGINNING OF THE WORK Before work shall be started and materials ordered, the Contractor shall meet and consult with the Owner and/or Engineer relative to materials, equipment, and all arrangements for prosecuting the work. 56. SCHEDULES AND PROGRESS REPORTS Prior to starting the construction, the Contractor shall prepare and submit to the Engineer for review, a progress schedule showing approximately the dates on which each part or division of the work is expected to be started and finished. The progress schedule shall be brought up to date and submitted to the Engineer at the end of each month or at such other times the Engineer may request. MG17335.Al General Conditions 22 46 The Contractor shall submit prior to construction a schedule of anticipated monthly pay request, for review by the Engineer. • The Contractor shall also forward to the Engineer; at the end of each month, an itemized report of the delivery status of major and critical items of purchased equipment and material, including shop drawings and the status of shop and field fabricated work. These progress reports shall indicate the date of the purchase order, the current percentage of completion, estimated delivery, and cause of delay, if any. If the completion of any part of the work or the delivery of materials is behind the approved schedule, the Contractor shall submit in writing a plan acceptable to the Owner and Engineer for bringing the work up to schedule. The Owner shall have the right to withhold progress payments for the work if the Contractor fails to update and submit the progress schedule and reports as specified. 57. PROSECUTION OF THE WORK It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the work are the essence of this Contract. The work shall be prosecuted at such time, and in or on such part or parts of the project as may be required, to complete the project as contemplated in the Contract Documents and the approved construction schedule. If the Contractor desires to carry on work at night or outside the regular hours, he shall give timely notice to the Engineer to allow satisfactory arrangements to be made for inspecting the work in progress. 58. ASSIGNMENT Neither party to the Contract shall assign the Contract or sublet it as a whole, without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner. 59. OWNER'S RIGHT TO DO WORK If the Contractor should, in the opinion of the Engineer, neglect to prosecute the work properly or should neglect or refuse at his own cost to take up and replace work as shall • have been rejected by the Engineer, then the Owner shall notify the Surety of the condition, and after 10 days' written notice to the Contractor and the Surety, or without notice if an emergency or danger to the work or public exists, and without prejudice to any other right which the Owner may have under the Contract, take over that portion of the work which has been improperly executed or uncompleted, and make good the deficiencies and deduct the cost thereof from the payments MG17335.Al General Conditions 23 then or thereafter due the Contractor, and if such payments are not sufficient thereof, charge the cost to the Contractor and its surety. 60. OWNER'S RIGHT TO TRANSFER EMPLOYMENT If the Contractor should abandon the work or should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract or any laws or ordinance, then the Owner may, without prejudice to any other right or remedy, and after giving the Contractor and Surety 7 days' written notice, transfer the employment for said work from the Contractor to the Surety. Upon receipt of such notice, such Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the work included under this Contract and employ, by Contract or otherwise, any qualified person or persons to finish the work and provide -the materials therefor, in accordance with the Contract Documents, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to such Surety, the Surety shall be paid in its own name on estimates according to the terms hereof without any right of the Contractor to make any claim for the same or any part thereof. If after the furnishing of said written notice to the Surety, the Contractor and the Surety still fail to make reasonable progress on the performance of the work, the Owner may terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient and charge the cost thereof to the Contractor and Surety. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the expense of completing the Contract, including compensation for additional managerial and administrative services, shall exceed such unpaid balance, the Contractor and the Surety shall pay the difference to the Owner. 61. DELAYS AND EXTENSION OF TIME If the Contractor is delayed in the progress of the work by • any act or neglect of the Owner or the Engineer, or by any separate Contractor employed by the Owner, or by strikes, lockouts, fire, adverse weather conditions not reasonably anticipated, or acts of God, the Contractor shall, within 48 hours of the start of the occurrence, give written notice to the Owner of the cause of the potential delay and estimate the possible time extension involved, and within 7 days after MG17335.Al General Conditions 24 f the cause of delay has been remedied, the Contractor shall give written notice to the Owner of any actual time extension requested as a result of the aforementioned occurrence, then the Contract time may be extended by change order for such reasonable time as the Engineer determines. It is agreed that no claim shall be made or allowed for any damages which may arise out of any delay caused by the above referenced acts or occurrences, other than claims for the appropriate extension of time. No extension of time will be granted to the Contractor for delays occurring to parts of the work that have no measurable impact on the completion of the total work under this Contract; nor will extension of time be granted for delays to parts of work that are not located on the critical path if the Critical Path Method (CPM) is used for scheduling the work. No extension of time will be considered for weather conditions normal to the area in which the work is being performed. Unusual weather conditions, if determined by the Engineer to be of a severity that would stop all progress of the work, may be considered as cause for an extension of Contract completion time. Delays in delivery of equipment or material purchased by the Contractor or his subcontractors (including Owner -selected equipment) shall not be considered as a just cause for delay. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. Within a reasonable period after the Contractor submits to the Owner a written request for an extension of time, the Engineer will present his written opinion to the Owner as to whether an extension of time is justified, and, if so, his recommendation as to the number of days for time extension. The Owner will make the final decision on all requests for extension of time. In no event shall the Contractor be entitled under this Contract to collect or recover any damages, loss, or expense incurred by any delay other than as caused by the Owner, as stipulated in Article 73, NOTICE OF CLAIM FOR DELAY. 62. LIQUIDATED DAMAGES The work shall begin at the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall be completed within the number of consecutive calendar days stated in the accepted Proposal and Contract. The time shall be computed from and including the date stated in the Notice to Proceed. It is agreed that time is of the essence of this Contract. MG17335.A1 General Conditions 25 C. Should the Contractor fail to complete the work, or any part thereof, in the time agreed upon in the Contract or within such extra time as may have been allowed for delays by extensions granted as provided in the Contract, the Contractor shall pay the Owner, as liquidated damages the amount per day • as stipulated in the Contract for each calendar day that any work shall remain uncompleted after the specified or adjusted completion time, plus any monies paid by the Owner to the Engineer for additional engineering and inspection services associated with such delays. It is expressly understood and agreed that this amount is not to be considered in the nature of a penalty, but as liquidated damages which have accrued against the Contractor. The Owner shall have the right to deduct such damages from any amount due, or that may become due the Contractor, or the amount of such damages shall be due and collectible from the Contractor or his Surety. 63. OTHER CONTRACTS The Owner reserves the right to let other Contracts in connection with the work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. if any part of the work under this Contract depends on the prior acceptable completion of work by others under separate Contract(s), the Contractor shall inspect and promptly report to the Engineer any defects in such work that would adversely affect the satisfactory completion of the work under this Contract. The Contractor's failure to so inspect and report shall constitute acceptance of the work by others as being suitable for the proper reception and completion of the work under this Contract, excluding, however, those defects in the work by others that occur after the satisfactory completion of the work specified hereunder. 64. USE OF PREMISES The Contractor shall confine his equipment, the storage of materials, and the operation of his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or directions of the Engineer, and shall not unreasonably encumber the premises with his materials. The Contractor shall provide, at his own expense, the necessary rights -of -way and access to the work which may be required outside the limits of the Owner's property. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its • safety. MG17335.Al General Conditions 26 4 65. SUBSTANTIAL COMPLETION DATE The Engineer may, at his sole discretion, issue a written notice of substantial completion for the purpose of• establishing the starting date for specific equipment guarantees, and to establish the date that the Owner will assume the:responsibility for the cost of operating such equipment. Said notice shall not be considered as final acceptance of any portion of the work or relieve the Contractor from completing the remaining work within the specified time and in full compliance with the Contract Documents. "Substantial completion" of an operating facility shall be that degree of completion that will provide a minimum of 7 continuous work days of successful operation in which all performance and acceptance testing has been successfully demonstrated to the Engineer. All equipment contained in the work, plus all other components necessary to enable the Owner to operate the facility in the manner that was intended, shall be complete on the substantial completion date. See "SUBSTANTIAL COMPLETION" under Article DEFINITIONS, of these } GENERAL CONDITIONS. 66. I PERFORMANCE TESTING Operating equipment and systems shall be performance tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under such simulated operating conditions as recommended or approved by the Engineer. Schedule such testing with the Engineer at least 1 week in advance of the planned date for testing. I 67. OWNER'S USE OF PORTIONS OF THE WORK I The Owner shall have the right to take possession of and use any completed or partially completed portions of the work. Such use shall not be considered as final acceptance of any portion of the work, nor shall such use be considered as cause for an extension of the Contract completion time, unless authorized by a Change Order issued by the Owner. 68. CUTTING AND PATCHING The Contractor shall do all cutting, fitting, or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other Contractors shown upon or reasonably implied by the Drawings. Any defective work or material, performed or furnished by the Contractor, that may be discovered by the • Engineer before the final acceptance of the work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the Contractor. MG17335.Al General Conditions 27 69. CLEANING UP C The Contractor shall, at all times, at his own expense, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the work. Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish,, and waste materials resulting from his operations. PAYMENT 70. PAYMENT FOR CHANGE ORDERS Payment or credit for any alterations covered by a Change Order shall be determined by one or a combination of the methods set forth in A, B, or C below as applicable: A. UNIT PRICES. If applicable, those unit prices stipulated in the Proposal, shall be utilized. If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually agreed upon. B. LUMP SUM. A total lump sum for the work may be negotiated as mutually agreed upon by the Contractor and Owner, In "A" and "B" above, Contractor's quotations for Change Orders shall be in writing and firm for a period of 60 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the work or alteration defined in the Change Order. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the work or alteration plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. The Owner's request for quotations on alterations to the work shall not be considered authorization to proceed with the work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing work. Lump sum quotations for alterations to the work shall include substantiating documentation with •an itemized breakdown of Contractor and subcontractor costs, including labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. MG17335.A1 General Conditions 28 C. FORCE ACCOUNT WORK. If the method of payment cannot be agreed upon prior to the beginning of the work, and the Owner or the Engineer directs that the work be done by written Change Order or on a force account basis, then the • Contractor shall furnish labor, equipment, and materials necessary to complete the work in a satisfactory manner and within a reasonable period of time. For the work performed, payment will be made for the documented actual cost of the following: 1. Labor, including foremen, who are directly assigned to the force account work: (actual payroll cost, including.wages, fringe benefits as established by negotiated labor agreements, labor insurance, and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by the Owner. 2. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or his subcontractor. 3. Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4. Additional bond, as required and approved by the Owner. 5. Additional insurance (other than labor insurance) as required and approved by the Owner. To costs under "C. FORCE ACCOUNT WORK", there shall be added the following fixed fees for the Contractor or subcontractor actually performing the work: A fixed fee of 20 percent of the cost of Item 1 above, A fixed fee of 15 percent added to the cost of Items 2 and 3, and A fixed fee of 6 percent added to the cost of Items 4 and 5 above. An additional fixed fee of 10 percent shall be allowed the Contractor for the administrative handling of portions of the work that are performed by an approved subcontractor. No additional fixed fee will be allowed for the administrative handling of work performed by a subcontractor of a subcontractor, unless by written permission from the Owner. MG17335.Al ,General Conditions 29 The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item 3 above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate of each day's force account work no later than the working day following the performance of said work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily report sheets shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of 'equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or his authorized agent. To receive partial payments and final payment for force account work, the Contractor shall submit in a manner approved by the Engineer, detailed and complete documented verification of the Contractor's and any of his subcontractors' actual current costs involved in the force account work pursuant to the issuance of an approved Change Order. Such costs shall be submitted within 30 days after said work has been .performed. 46 MG17335.Al General Conditions 30 No payment will be made for work billed and submitted to the Engineer after the 30 -day period has expired. No extra or additional work shall be performed by the Contractor, except • in an emergency endangering life or property, unless in pursuance of a written Change Order, as provided in Article 20,: ALTERATIONS. The Contractor shall use the forms attached. at the end of this section for any Change Orders required. 71. PARTIAL PAYMENTS A. GENERAL Nothing contained in this Article shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid work, should such work be later found not to comply with the provisions of the Contract Documents. All estimated quantities of work for which partial payments have been made are subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. For public works projects, each partial payment request and final payment request shall contain an affidavit by the Contractor that all provisions of the applicable Federal and State requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. B. ESTIMATE Before the first working day of each calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the work completed in accordance with the Contract Documents, and the value of approved materials delivered to the project site suitably stored and protected prior to incorporation into the work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. 0 MG17335.Al General Conditions 31 C. DEDUCTION FROM ESTIMATE Unless modified in the SUPPLEMENTARY CONDITIONS, deductions from the estimate will be as described below. The Owner will deduct from the estimate, and retain as part security, 10 percent of the amount earned for work satisfactorily completed. A deduction and retainage of 10 percent will be made on the estimated amount earned for approved items of material delivered to and properly stored at the jobsite but not incorporated into the work. When the work is 50 percent complete, the Owner may reduce the retainage to 5 percent of the dollar value of all work satisfactorily completed to date provided that the Contractor is making satisfactory progress and there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent if the Owner determines, at his discretion, that the Contractor is not making satisfactory progress where there is other specific cause for.such withholding. D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS DELIVERED Unless modified in the SUPPLEMENTARY CONDITIONS, qualification for partial payment for materials delivered but not yet incorporated into the work shall be as described below. Materials, as used herein, shall be considered to be those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to the Owner will be qualified for partial payment. To receive partial payment for materials delivered to the site, but not incorporated in the work, it shall be necessary for the Contractor to include an invoice of such materials on the partial payment request. At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the work and, upon acceptance of the work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the work. is MG17335.Al General Conditions 32 E. PAYMENT After deducting the retainages and the amount of all I previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor 10 days after the last day of said month, except where the Owner is a municipality or other agency whose laws require the approval of each payment by a council or similar body, in which case, the payment shall become due and payable 10 days after the first meeting in the following month scheduled for approval of such payments. 72. CLAIMS In any case where the Contractor deems additional compensation is due him for work or materials not clearly covered in the Contract or not ordered by the Engineer according to provisions of Article 20, ALTERATIONS, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. Claims for additional compensation shall be made in itemized detail and submitted, in writing, to the Owner and Engineer within 10 days following completion of that portion of the work for which the Contractor bases his claim. In case the claim is found to be just, it shall be allowed and paid for as provided in Article 70, PAYMENT FOR CHANGE ORDERS. 73. NOTICE OF CLAIM FOR DELAY If the contractor intends to file a claim for additional compensation for a delay caused by the Owner at a particular time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and shall state the circumstances and the reasons for the claim, but need not state the amount. No claim for additional compensation will be considered unless the provisions of Article 61, DELAYS AND EXTENSION OF TIME, are complied with, and a notice of claim has been filed with the Owner in writing, as stated above. MG17335.Al General Conditions 33 74. RELEASE OF LIENS OR CLAIMS The Contractor shall indemnify and save harmless the Owner from all claims for labor and materials furnished under this Contract. Prior to the final payment, the Contractor shall furnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the project, and that the hourly wages paid to all persons on the project were in accordance with the applicable wage scale determinations. 75. FINAL PAYMENT Upon completion of all of the work under this Contract, the Contractor shall notify the Engineer, in writing, that he has completed his part of the Contract and shall request final inspection. Upon receipt of the Contractor's written notice that the work is ready for final inspection, the Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed work and as to the final estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner and compliance with provisions in Article 74., RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage certification. 76. NO WAIVER OF RIGHTS Neither the inspection by the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees, shall operate as a waiver of any provision of this Contract, or any power herein reserved to the Owner, or any right to damages herein provided, nor shall any waiver of any breach in this Contract be held to be a waiver of any other or subsequent breach. is MG17335.Al General Conditions 34 77. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall • release the Owner and the Engineer, as agent of the Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the work, and every act of the Owner and others relating to or arising out of the work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from obligations under this Contract and the Performance and Payment Bond, and other bonds and warranties, as herein provided. MG17335.A1 General Conditions 35 GENERAL CONDITIONS 1. Definitions 17. 2. Additional Instructions and Detail Drawings 18. . 3. Schedules. Reports and Records 19 4. Drawings and Specifications 20 5. Shop Drawings 21 6. Materials. Services and Facilities 22 7. Inspection and Testing 23 R. Substitutions 24 9. Patents 25 10. Surveys. Permits. Regulations 26 11. Protection of Work. Property, Persons 27 12. Supervision by Contractor 28 13. Changes in the Work 29 14. Changes in Contract Price 30 15. Time for Completion and Liquidated Damages 31 16. Correction of Work 0 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCU- MENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: 1.2 ADDENDA —Written or graphic instruments is- sued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS. DRAWINGS and SPECIFICATIONS, by additions, de- letions. clarifications or corrections. 1.3 BID —The offer or proposal of the BIDDER sub- mitted on the prescribed form setting forth the prices for the WORK to be performed. 1.4 BIDDER —Any person. firm or corporation sub- mitting a BID for the WORK. 1.5 BONDS —Bid. Performance. and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS. 1.6 CHANGE ORDER —A written order to the CON- TRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CON- TRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.7 CONTRACT DOCUMENTS. -The contract, in- cluding Advertisement Far Bids. Information For Bid- ders, BID. Bid Bond. Agreement. Payment Bond. Per- formance Bond. NOTICE OF AWARD. NOTICE TO PROCEED. CHANCE ORDER. DRAWINGS. SPECIFI- CATIONS, and ADDENDA. 1.8 CONTRACT PRICE —The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME —The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. 1.10 CONTRACTOR —The person, firm or corpora- tion with whom the OWNER has executed the Agree- ment. 1.11 DRAWINGS —The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER. CONTRACT DOCUMENTS FOP CONSTRUCTION OF FEDERALLY ASSISTED WATEr. AND SEWER PROJECTS Subsurface Conditions Suspension of Work. Terminutiun and Dela% Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-uWFay Guaranty Arbitration Taxes 1.12 ENGINEER —The person, firm or corporation named as such in the CONTRACT DOCUMENTS. 1.13 FIELD ORDER —A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CON- TRACT TIME, issued by the ENGINEER to the CON- TRACTOR during construction. 1.14 NOTICE OF AWARD —The written notice of the acceptance of the BID from the OWNER to the success- ful BIDDER. 1.15 NOTICE TO PROCEED —Written communication issued by the OWNER to the CONTRACTOR authoriz- ing him to proceed with the WORK and establishing the date of commencement of the WORK. . 1.16 OWNER —A public or quasi -public body or authority. corporation, association, partnership. or in- dividual for whom the WORK is to be performed. 1.17 PROJECT —The undertaking to be performed as provided in the CONTRACT DOCUMENTS. 1.18 RESIDENT PROJECT REPRESENTATIVE —The authorized representative of the OWNER who is as- signed to the PROJECT site or any part thereof. 1.19 SHOP DRAWINGS —All drawings. diagrams. il- lustrations. brochures, schedules and other data which are prepared by the CONTRACTOR. a SUBCONTRAC- TOR. manufacturer. SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. 1.20 SPECIFICATIONS —A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment. construction systems. standards and workmanship. 1.21 SUBCONTRACTOR —An individual, firm or corporation having a direct contract with the CON- TRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 1.22 SUBSTANTIAL COMPLETION —That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed. in accordance with the CONTRACT DOCU- MENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. 1.23 SUPPLEMENTAL GENERAL CONDITIONS— Document No, 11 General Candmons: Page 1 0l 9 X Ind if ieal ions to General Conditions required by a Federal agency for parr ieipat ion in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS. or such requirements that may be imposed by applicable state laws. 1.24 SUPPLIER —Any person or orga nizol ion who sup- plies materials or equipment for the WORK. including that fabricated to a special design, but who does not perform labor at the site. 1.25 WORK —All labor necessary to produce the con- struction required by the CONTRACT DOCUMENTS. and all materials and equipment incorporated or to be incorporated in the PROJECT. 1.26 WRITTEN NOTICE —Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or regis- tered mail la the said party at his last given address. or delivered in person to said party or his authorized representative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER. as necessary to carry out the WORK required by the CONTRACT DOCUMENTS, 2.2 The additional drawings and instruction thus supplied will become a part of (he CONTRACT DOCU- MENTS. The CONTRACTOR shall carry out (he WORK in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress sched- ules, payrolls, reports, estimates, records and other data where applicable as are required by the CON- TRACT DOCUMENTS for the WORK to be performed. 3.2 Prior to the firs: partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the -WORK, including dales at which he will start the various parts of (he WORK, estimated date of completion of each part and, as applicable: 3.2.1. The dales at which special detail drawings will be required: and 3.2.2 Respective dales for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equip- ment. 3.3 The CONTRACTOR shall also submit a schedule of payments That he anticipates he will earn during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS 4.1 The intent of the DRAWINGS and SPECIFICA- TIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use. occupancy or operation by the OWNER. Oocumem No. II General eorMitpm: Pape 2 of a 4.2 in case ru conflict between the DR;\\VlNCS :md SPECIFICATIONS. Ih. SPECIFIC:PII(1NS shall govern: Figure dimensions un URAIV I,NGS shall govern over scale dimensions. and detailed DRAWINGS shall govern over general DRAWINGS. 4.3 Aiv diserepa nro:s foe nil between the DR:\\l'- INGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS she Il be immediate y reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies. inconsistencies or am higuities shall he done at the CONTRACT'OR'S risk. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAW- INGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substan(ially deviates from the requirement of the CONTRACT DOCUMENTS shall he evidenced by a CHANGE ORDER. 5.2 When submitted for the ENGINEER'S review. SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with he requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAW- ING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. MATERIALS. SERVICES AND FACILITIES 6.1 II is understood that. except as otheryise specifi- cally stated in the CONTRACT DOCUMENTS. the CONTRACTOR shall provide and pay for all materials. labor. tools. equipment. water. Light. power. transpor- tation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 6.2 ,Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be in- corporated in the YORK shall be located so as io facili- tate prompt inspection. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected. erected, used, cleaned and conditioned as directed by the manufac. turer. 6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRAC- TOR and approved by the ENGINEER. 6.5 Mal erials. supplies or equipment to be meorpor- uted into the WORK shall not be purchased In the 4) CONTRACTOR ur the SUBCONTRACTOR subject to a chattel mortgage or under a conditiimal sale contract or other agreement by which an interest is retained by the seller. INSPECTION AND TESTING 7.1 All materials and equipment used in the construc- tion of the PROTECT shall be subject to adequate in- spection and testing in accordance with generally ac- cepted standards, as required and defined in the CON- TRACT DOCUMENTS. 7.2 The OWNER shall provide all inspection and test- ing services not required by the CONTRACT DOCU- MENTS. 7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the coNfRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, laws, ordi- nances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically he inspected, tested. or approved by some- one other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER (he required certificates of inspection, testing or ap- proval. 7.5 Inspections, tests or approvals by the engineer or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCU- MENTS. 7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition. authorized representatives and agents of any partici- pating Federal or stale agency shall be permitted to inspect all work, materials, payrolls, records of per- sonnel. invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities (or such access and observation of the WORK and also (or any inspection. or testing thereof. 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense. 7.8 If the ENGINEER considers it necessary or ad- visable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation. inspection or testing as the ENGINEER may require. that portion of the WORK in question. furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective. the CONTRACTOR will bear all the expenses of such uncovering. exposure, observation, inspection and testing and of satisfactory reconstruction. If. however. such WORK is not found to be defective, the CON- TRACTOR will be allowed an increase in the CON- TRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection. testing and recon- struction and an appropriate CHANCE ORDER shall be issued. SUBSTITUTIONS 8.1 Whenever a material, article or piece of equip- ment .is identified on the DRAWINGS or SPF.CIFlC::1- TIONS In reference to bind name or cat:dueuu num- ber. it shall he understood that this is referenced fur the purpose of defining thou performance or olher sdi- eni requirements and that other products of equal capacities, qualitc and function shall lie cr,nsidered. The CONTRACTOR may recomm a nil the substitution of a material, article, or piece of equipment of equal substance and function for Ihose referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if. in the opinion of the ENGINEER, such material, article. or piece of equip- ment is of equal substance nod function to that speci- fied. the ENGINEER may approve its subs) inttion and use by the CONTRACTOR. Any cost differential shall be deductible from the CON'T'RACT PRICE and the CONTRACT DOCUMENTS shall he appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJ- ECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME, PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof. except that the OWNER shall be responsible for any such loss when a particular process. design. or the product of a particular manufacturer or manufacturers is specified, however if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such informa- lion to the ENGINEER. 10. SURVEYS. PERMITS. REGULATIONS 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the in- formation provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS. the CON- TRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for, pile locations and other working points, lines, elevations and cut sheets. 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged. with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER. unless otherwise specified. The CONTRACTOR shall give all notices and comply with ail laws, ordinances. rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR Document No. ii General Conditions: Page 3 ci 9 observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGI- NEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. 11. PROTECTION OF WORK. PROPERTY AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safely pre- cautions and programs in connection with the WORK. He will take all necessary precautions for the safety of. and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorpor- ated therein, whether in storage on or off the site, and other property at the site or adjacent thereto. includ- ing trees, shrubs, lawns, walks. pavements. roadways. structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 11.2 The CONTRACTOR will comply with all appli- cable laws, ordinances, rules. regulations and orders of any public body having jurisdiction. fie will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage. injury or loss to any property caused, directly or indirectly, in whole or in part. by the CONTRACTOR. any SUBCON- TRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly. in whole or in part. to the fault or negligence of the. CONTRACTOR. 11.3 In emergencies affecting the safely of persons or the WORK or property at the site or adjacent thereto. the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage- injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANCE ORDER shall thereupon be issued cov- ering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means. methods, techniques. sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or super- intendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S represen- tative at the site. The supervisor shall have full authori- ty to act on behalf of the CONTRACTOR and all com- munications given to the supervisor shall he as binding as if given to the CONTRACTOR. The supervisor shall be present on the sire at all times as required to per- form adequate supervision and coordination of the WORK. 13. CHANGES IN THE. WORK 13.1 The OWNER may at any lime. as the need arises. Gocumet No. II General Corr one: Page 4 of 9 order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount duo under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK. an equitable adjustment shall be author- ized by CHANCE ORDER. 13.2 The ENGINEER. also. may at amv time, by issuing a FIELD ORDER, make changes in the fletails of the WORK. The CONTRACTOR shall proceed with Ine performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE there. of within seven (-1 days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (301 days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 14. CHANCES IN CONTRACT PRICE 14.1 The CONTRACT PRICE may be changed only by a CHANCE ORDER. The value of any WORK covered by a CHANCE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall he determined by one or more of the following methods in the order of precedence listed below: lap Unit prices previously approved. (b) An agreed lump sum. Icl The actual cost for labor, direct overhead, ma- terials, supplies, equipment. and .other services neces- sary to complete the work. In addition there shall he added an amount to be agreed upon but not to exceed fifteen (151 percent of the actual cost of the WORK to cover the cost of general overhead and profit. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for comple- tion of the WORK are essential conditions of the CON- TRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED. 15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion eith- in the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the com- pletion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extensv,'n o' lime granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated tiant- ages as specified in the BID for each calendar dak that the CONTRACTOR shall be in default after the ::me stipulated in the CONTRACT DOCUMENTS. 15.E The CONTRACTOR shall not he charged t 0th liquidated damages or an% excess cost when the cries in completion of the WORK is due to the tntlov. mc. and the CONTRACTOR has promptly given 1'.::ITTEN NOTICE of such delay to the OWNER or ENGITE;.3 15. a.1 Tn any preference. priority or alloy,: I• order duly issued'by the OWNER. 15.4.2 To unforeseeahle causes beyond the con- trol and without the fault or negligence of the CON- TRACTOR, including but not restricted to. acts of God. or of the public enemy, acts of the OWNER. acts of another CONTRACTOR in the performance of a con- tract with the OWNER. fires, floods. epidemics. quar- ontine restrictions, strikes. freight embargoes. and abnormal and unforeseeable weather: and 15.4.3 To any delay:s of SUBCONTRACTORS occasioned by any of the causes specified in para- graphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS. whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re - execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement. 16.2 All removal and replacement WORK shall he done at the CONTRACTOR'S expense. If the CON- TRACTOR does not take action to remove such re- jected WORK within ten 1101 days after receipt of WRITTEN NOTICE. the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 17. SUBSURFACE CONDITIONS 17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed. except in the event of an emergency, notify the OWNER by WRITTEN NOTICE of: 17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS: or 17.1.2 Unknown physical conditions at the site. of an unusual nature. differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS. 17.2 The OWNER shall promptly investigate the con- ditions. and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of. or in the time required for, performance of the WORK, an equitable adjustment shall he made and the CONTRACT DOCUMENTS shall he modified by a CHANGE ORDER. Any claim of the CONTRAC- TOR (or adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE: provided that the OWNER may. if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. I8. SUSPENSION OF WORK. TERMINATION AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof fur a period of not more than ninety days or such further time as agreed upon by the CON- TRACTOR. by WRITTEN NOTICE to the CONTRACT- OR and the ENGINEER which notice shall fix the dale (in which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both. directly atiributable to any sspension. 18.2 Cl the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assienmenl for the benefit of his creditors. or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage. of any debtor's act, or to reorganize under the bankruptcy or applicable laws. or if he repeatedly (ails to supply sufficient skilled workmen or suitable materials or equipment. or if he repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor. materi- als or equipment or if he disregards laws, ordinances. rules, regulations or orders of any public body having jurisdiction of the WORK or if he disregards the author- ity of the ENGINEER. or if he otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may. without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ion (11)1 days from delivery of a WRITTEN NOTICE. terminate the services of the CON- TRACTOR anti take possession of Ihe. PROJECT and of all materials. equipment, tools. construction equip- ment and machinery thereon owned by the CONTRAC- TOR. and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT. including compensa- tion for additional professional services, such excess SHALL BE PAID TO TIIE CONTRACTOR. If such costs exceed such unpaid balance. the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will he determined by the ENGINEER and incorporated in a CHANGE ORDER. 18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CON- TRACTOR then existing or which may thereafter ac crue. Any retention or payment of monies by the OWNER due the CONTRACTOR will nut release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. 18.4 After ten (101 days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER. the OWNER may. without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the Contract. In such case. the CONTRACTOR shall be paid for all WORK exe- cuted and any expense sustained plus reasonable profit. 18.5 If. through no act or fault of the CONTRACTOR. the WORK is suspended for it period of more than ninety (901 days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (301 days after it is submitted. or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty 1301 days of its approval and presentation. then the CONTRACTOR may, after ten 1101 days (rum delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER, terminate the CONTRACT and re- cover from the OWNER payment for all (CORK exe- Oocumen, No. II General Conditions: Page 5 of 9 cured and all expenses sustained. In additi on and in lieu of terminating the CONTRACT. if the ENGINEER has failed to act on a request fr:r payment or if the OWNER has failed to make any payment as aforesaid. the CONTRACTOR may upon t,:n IIII days writ en notice to the OWNER and the ENGINEER slop the. WORK until lie has been paid all amounts then due. in which event and upon resumption of the WORK. CHANGE ORDERS shall he issued For adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK. 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a re- sult of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCU- MENTS. or if no lime is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both. shall be made by CHANGE ORDER to compensate the CON- TRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. 19. PAYMENTS TO CONTRACTOR 19.1 At least ten f161 days before eacn progress pay- ment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a par- tial payment estimate filled out and signed by the CON- TRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reason- ably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also he accom- panied by such supporting data, satisfactory to the OWNER, as will establish the OWNER's title to the ma- terial and equipment and protect his interest therein, including applicable insurance. The ENGINEER will, within ten (101 days after receipt of each partial pay- ment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case. the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWN- ER will. within ten 1101 days of presentation to him of an approved partial payment estimate, pay the CON- TRACTOR a progress payment on the basis of the ap- proved partial payment estimate. The OWNER shall re- tain ten (101 percent of the amount of each payment un- til final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (501 percent of the WORK has been completed, if he finds that satisfactory prog- ress is being made, shall reduce retainage to five (5'h I percent on the current and remaining estimates. When the WORK is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below five 151 percent to only that amount necessary to assure completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the CONTRACT DOCU- MENTS, payment may be made in full. including re- tained percentages. Less authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major materials and oocumem No. 11 Ganmel condition,: Page a of 9 equipment which are suitably slornd either at or near the site. 19.3 Prior to St 0STANI'I Al. COMPLETION. the OWNER. with the approval of the ENGINEER and with the concurrence of the CON'IRACT'U R. mat use anv completer) or suhstantia llc completed portions of the WORK. Such use shall not constilule an acceptance of such portions of the WORK. 19.4 The OWNER shall have the right to enter the premises for the pa rpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not he construed as relieving the CONTRACTOR of the solo responsibility for the care and protection of the WORK, or the restoration of any damaged WORK ex- cepl such as may be caused by agents or employees of the OWNER. 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue it certificate attached to the final payment request that the WORK has been ac- cepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages. but except such sums as may be lawfully retained In the OWNER, shall he paid to the CONTRACTOR within thirty (501 days of completion and acceptance of the WORK. 19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demands of SUB- CONTRACTORS. laborers, workmen, mechanics, ma- lerialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request. Furnish satisfactory evidence that all obligations of the nature designated above have been paid. discharged. or waived. If the CONTRACTOR fails to do so the OWN- ER may. after having notified the CONTRACTOR. either pay unpaid bills or withhold from the CON- TRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay an% and all such (awful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where- upon payment to the CONTRACTOR shall be resumed. in accordance with the terms of the CONTRACT DOCUMENTS. but in no event shall the provisions of this sentence be construed to impose an' obligations upon the OWNER to either the CONTRACTOR, his Surety. or anv third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall he considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.7 If the OWNER fails to' make payment thirty I3)I days after approval by the ENGINEER. in addition to other remedies available to the CONTRACTOR, there shall he added to each such payment interest at the maximum legal rate commencing on the first day alter said payment is due and continuing until the p,ryment is received by the CONTRACTOR. S 20. ACCEPTANCE OF FI,\'AL PA i.\IE.\'1' AS RELEASE 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall opera(i: as a release to the OWNER of all claims and all liability to the CONTRAC- TOR other than claims in stated amounts as may lie specifically excepted by the CONTRACTOR fur all things (lone or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment. however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or -the Perform- ance BOND and Payment BONDS. 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CON- TRACTOR'S execution of the WORK, whether such ex- ecution be by himself or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1 Claims under workmen's compensation. disability benefit and other similar employee benefit acts; 21.1.2 Claims for damages because of bodily injury. occupational sickness or disease, or death of his employees; 21.1.3 Claims for damages because of bodily in- jury, sickness or disease, or death of any person other than his employees: 21.1.4 Claims for damages insured by usual per- sonal injury liability coverage which are sustained (1) by any person as a result of or, offense directly or in- directly related to the employment of such person by the CONTRACTOR, or (21 by any other person: and 21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. operations under the CON'IR;IC'I' UUCI: MINTS. whether such operations be by himself or by any SUBCONTRACTOR under him, or anyene directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than S5ou.noo for all damages arisi nu out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident: and a limit of liability of not less than S3u0.Igt0 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than S2o0.noo for all property damage sustained by any one person in any one acci- dent; and a limit of liability of not less than $200.000 aggregate for any such damage sustairiml by two oC more persons in any one accident. (See Note below) 21.3.2 The CONTRACTOR shall acquire and maintain, if applicable. Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the OWNER. the CON- TRACTOR. and SUBCONTRACTORS as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obli- gations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 21.4 The CONTRACTOR shall procure and maintain. at his own expense. during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed. Workmen's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet. the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insur- ance. including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRAC- TOR. In case any class of employees engaged in haz- ardous work under this contract at the site of the PROJECT is not protected under Workmen's Compen- sation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, ade- quate and suitable insurance for the protection of his employees not otherwise protected. 21.5 The CONTRACTOR shall secure, it applicable. ..AB R; k" t' B 'l l • ', R'.k I f , 21.2 Certificates of Insurance acceptable to the OWN- ER shall be filed with the OWNER prior to commence- ment of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not he cancelled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWN- ER. The "Summary of insurance" form (page 10) shall be submitted with the Certific 21.3 The CONTRACTOR shall procure and maintain. at his own expense. during'the CONTRACT TIME, li- ability insurance as hereinafter specified: 21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury. including death, and all claims for destruction of or damage to property, arising out of or in connection with any NOTE: The Engineer shall be named as an is spe ut<crs is nsurance or l\ORK to he performed. Unless specifically authorized by the OWNER. the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire. explosion. hail, lightning, vandalism, malicious mischief, wind, collapse, riot. aircraft, and smoke dur- ing the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the ates-insured the CONTRACTOR, the ENGINEER. and the OWNER. ^_2. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten (101 days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CON- TRACT PRICE. conditioned upon the performance by additional insured General Public Liability, Property Damage Insurance, Owners and Contractors Protective Liability Policies under the Document No. II and General Conditions: Page 7 01 2,O the CONTRACTOR of all undertakings, covenants. terms. conditions and agreements of the CONTRACT DOCUMENTS. and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall he executed by the CONTRACTOR and a corporate bond- ing company licensed to transact such business in the state in which the WORK is to be performed and named on the current list of "Surely Companies Ac- ceptable on Federal Bonds" as published in the Treas- ury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal BONDS. CONTRACTOR shall within ten flat days after notice from the OWNER to do so. substitute an acceptable BOND (or BONDSI in such form and sum and signed by such other surety or sureties as may he satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall he made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. M. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer. assign or of horcise dispose u( the Contract or any portion thereof, or of his right. title or interest therein, or his obligations I hereunder, without written consent of the other party. 24. INDEMNIFICATION 224.1 The CONTRACTOR will indemnify and hold harmless this OWNER anti the ENGINEER and their agents and employees from and against all claims. damages, losses and expenses including ❑torney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage. loss or expense is atributable to bodily injury, sick- ness. disease or deal h. or to injury to or destruction of tangible property including the loss of use resulting therefrom: and is Caused in whole or in part 1w any negligent or willful act or omission of the CONTRAC- TOR. and SUBCONTRACTOR, anyone directly or in- directly employed by any of Ihem or anyone for whose acts any of them may be liable. 24.2 In any and all claims against the OWNER or the ENGINEER. or any of their agents or employees. by any employee of the CONTRACTOR. any SUBCON- TRACTOR. anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. the indemnification obligation shall not be limited in any way by an' limitation on the amount or type of damages. compensation or benefits payable by or fur the CONTRACTOR or any SUBCONTRAC- TOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER. his agents or employees arising out n( the preparation or approval of maps. DRAWINGS. opini- ons. reports. surveys, CIIANCE ORDERS. designs or SPECIFICATIONS. .3. SF.P.4RATE CONTRACTS C5., 'fhe OWNER reserves the right to let other con- Documeni No. 11 Generai Conea,ons: Page Sot 9 tracts in connection It ith this PROJECT. The CON- TRACTOR shall afford other CONTRACTORS reason- able opportunity for the urroducturn and storage of their materials anti the. exgeulitin of their \CORK. and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR. the. CONTRACTOR shall inspect and promptly report to the ENGINEER ,my defects in such WORK that render it unsuitable for such proper execution and results. _5.2 The OWNER may perform additional WORK re- lated to the PROJECT by himself, or he may let other contracts containing provisions similar to these. The CONTRACTOR will afford the. other CONTRACTORS who are parties to such Contracts for the U WNER. if he is performing the additional WORK himselfl. rea- sonable opportunity fur the introduction and stnraµe of materials and equipment and the execution of WORK. and shall properly connect and coordinate his WORK with theirs. .5.3 If the performance iif additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT. written notice thereof shall be given to the CONTRACTOR prior to starting any such aldi- lional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves him in additional expense or entities him in an extension of the GUNTRACT T[%IE. he mac make a claim therefor as provided in Sections t4 and 15. 'i8. SUBCONTRACTI..\'G ml fhe CONTRACTOR may utilize the services of specially St'BCONTRA(TORS on these parts of the WORK which. under normal con it acting practices. are performed by specialty SUBCONTRACTORS. 26.3 The CONTRACTOR shall not award WORK to SU'RCONTRACTORIsI. in excess of fifty 150x. I percent of the CONTRACT PRICE, without prior written pruval of the OWNER. 220.3 The CONTRACTOR shall be fully responsible io the OWNER for the acts and omissions of his SUiI- CONTRACTORS. and of persons either directly or m - directly employed by them, as he is for the icts and omissions of persons directly em p loved by him. _R.4 The CONTRACTOR shall cause appropriate pro- visions to be inserted in all subcontracts relatitr to the WORK to bind SUBCONTRACTORS to the CONTR.\C- TOR by the terms of the CONTRACT DOCI:NIE.\I'S insofar as applicable Io the WORK of SCBCON'I'R.-u:. TORS and to give the CONTRACTOR the same polar as regards terminating uny su bcuntract that the n\\'N. ER may exercise over the CONTRACTOR tinder .in provision of the CONTRACT DOCU\IEN'I'S. 26.5 Nothing contained in this CONTRACT =h,dl cn-- ale any contractual relation between an' St lit .(t�- TRACTOR and the O\CNER. 27. ENGINEER'S AUTHORITY 3".I Thu ENGINEER shall act is the O1% 141 (41 ie;o sentuiive during the constnicttin penal. II. • .hall .!• cide questions which miry arise ;is tie nwibr, ,iii 'ii.- eeptabdiiv of materials furnished .mil V. u!,'. formed. He shall interpret the runt tit Iii.' CI i`. DOCU\IENT9 in a I,ir and unbia.cii 0 ENGINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CON- TRACT DOCUMENTS. S 27.2 The CONTRACTOR will he held strictly to the in- tent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship and execution of the WORK. Inspections may be made at the factory or (ab- rication plant of the source of material supply. 27.3 The ENGINEER will not be responsible for the construction means, controls, techniques. sequences. procedures. or construction safety. 27A The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCU- MENTS. 28. LAND AND RIGHTS -OF -WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights -of -way neces- sary (or carrying out and for the completion of the WORK to he performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rightsof-way acquired. 28.3 The CONTRACTOR shall provide at his own ex- pense and without liability to the OWNER any addi- tional land and access thereto that the CONTRACTOR mac desire for temporary construction facilities. or for storage of materials. 29. GUARANTY 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one 11l year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and guar- antees for a period of one (11 year from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all defects due to faulty materials or workmanship and the CONTRAC- TOR shall promptly make such corrections as may be necessary' by reason of such defects including the re- pairs of any damage to other parts of (he system re- sulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs. adjustments. or other WORK that may be made necessary by such defects. the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in full force and effect through the guarantee period. 30. ARBITRATION 30.1 All claims. disputes and other matters in question arising out of. or relating to. the CONTRACT DOCU- MENTS or the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Section 20. shall be de- cided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbi- tration Association. This agreement to arbitrate shall he specifically enforceable under the prevailing arbitra- tion law. The award rendered by the arbitrators shall be final, and judgment may he entered upon it in any court having jurisdiction thereof. 30.2 Notice of the demand for arbitration shall he filed in writing with the other party to the CONTRACT DOCUMENTS and with the American Arbitration Asso- ciation, and a copy shall be filed with the ENGINEER. Demand for arbitration shall in no event be made on any claim, dispute or other matter in question which would be barred by the applicable statute of limita- tions. 30.3 The CONTRACTOR will carry on the WORK and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 31. TAXES 31.1 The CONTRACTOR will pay all sales, consumer. use and other similar taxes required by the law of the place where the WORK is performed. Document No. 11 Generai conmaons: Page 9 of 9 SUMMARY OF INSURANCE This form summarizes the Insurance coverage presented on the Insurance Certificates attached hereto. PROJECT DESCRIPTION Owner McClelland Consulting Engineers, Inc Engineer Project Insurance Canpany Home Office Address Insured Contractor Home Qttce Address Project No. Project Date Name of Agent Home Office Address Corporation Partnership Individual INSURANCE POLICIES IN FORCE Policy Effective Expiration Limits of Engineer Named as -- - "" ciaoi PItY Addl tional Insured x Workmen's Compensation Not Applicable Automobile Liability Not Applicable Comprehensive General Liability Owner's Protective Liability Umbrella Policy Not Applicable COOLLY INJURY & PROPERTY DAMAGE COVERAGE* YES NO X - Arising out of blasting. C - Arising out of structural collapse or building Injury. U - To underground facilities and utilities. Deductible amount if any (AUTO ) (OTHER AUTHORIZEDY, YS S RESIDENT AGEUrSSIGNATURE: OAT Home Office Address NOTE: Sub -contractors, as well as Prime/General Contractor Attachment to Document no. 11 must furnish insurance certificates and fill out this General Conditions: Page 10 of 10, fan prior to the time contract is awarded. ' Indicate "Yes' or "No" in blanks provided. DCO171 SUPPLEMENTARY CONDITIONS ------------- ---------- 1• 1• GENERAL The Contractor's attention is directed to Division 1, GENERAL REQUIREMENTS, which contains other directions pertinent to the project. REVISIONS AND ADDITIONS TO THE GENERAL CONDITIONS --------- ------------ -- --- ------- ---------- The GENERAL CONDITIONS are hereby revised as follows: ARTICLE "OWNER", "ENGINEER", "CONTRACTOR", "BIDDER" Add the following: OWNER Wherever in these Documents the word "Owner" appears, it shall be understood to mean the CITY OF FAYETTEVILLE whose address is P.O. Drawer F, Fayetteville, Arkansas 72702. ENGINEER Wherever in these Documents the word "Engineer" appears, it shall be understood to mean CH2M HILL and their authorized representatives, acting either directly or indirectly as authorized agents of the Owner. ARTICLE "SPECIFICATIONS" Add the following: FEDERAL, STATE, COUNTY, AND LOCAL STANDARD SPECIFICATIONS Where portions of the work traverse or cross federal, state, county, or local highways, roads, or streets, and the agency in control of such property has established standard specifications governing items of work that differ from these Specifications, the most stringent requirements shall apply. The Contractor shall comply with all regulations and requirements of the State Highway Department and the County Road Department wherever the work traverses or crosses state or county highways. MG17335.Al Supplementary Conditions 1 ARTICLE "EMPLOYEES" Add the following: APPRENTICES, In accordance with Arkansas Statutes, the Contractor agrees: 1. That he will hire for the performance of the Contract a number of apprentices or trainees in each occupation at least equal to the whole number obtained, disregarding any remainder, by dividing five into the average number of journeymen in that occupation to be employed in the performance of the Contract. 2. That he will, when feasible and except when the number of apprentices or trainees to be hired is fewer than four, assure that 25 percent of such apprentices or trainees are in their first year of training. Feasibility here involves a consideration of the availability of training opportunities for first -year apprentices or trainees, the hazardous nature of the work for beginning workers, and excessive unemployment of apprentices or trainees in their second or subsequent years of training. 3. That, during.the performance of the Contract, he will employ the number. of apprentices or trainees necessary to meet requirements of sub -paragraphs 1 and 2. However, on-the-job training programs shall only be established in nonapprenticeable trades or occupations to meet the requirements of this section. That he will return records of employment by trade of the number of apprentices or trainees, the number of apprentices or trainees by first year of training, and the number of journeyman and the wages paid, and hours of work of such persons on a form as prescribed by the Bureau of Apprenticeship of the Division of Labor at 3 -month intervals. Submission of duplicate copies of forms submitted to the United States Department of Labor shall be sufficient compliance with the provisions of this section. 5. That he will supply to the Bureau of Apprenticeship of the Division of Labor, at 3 -month intervals, a statement describing steps taken toward making a diligent effort and containing a breakdown by craft or hours worked and wages paid for first -year apprentices or trainees, other apprentices or trainees, and journeyman. MG17335.Al Supplementary Conditions 2 That he will insert in any subcontract under this Contract the requirements contained in this section. The term "Contractor", as used in such clauses and any subcontract, shall mean the subcontractor. ARTICLE "PROTECTION OF WORK AND PROPERTY" Add the following: Contractor shall comply with the federal Archaeological and Historic Preservation Act of 1974 (Public Law 93-291), the laws of the State of Arkansas, the regulations of the appropriate historic preservation boards, as applicable, and protect against potential loss or destruction of significant scientific, historical or archaeological data, sites and properties in connection with the project. ARTICLE "LINES AND GRADES" Add the following: The Engineer will establish horizontal and vertical control bench marks convenient for the Contractor's use as necessary to establish the basic layout. It will be the Contractor's responsibility to lay out the work from the lines set by the Engineer and to transfer elevations from bench marks. Where new construction connects to existing facilities, the Contractor shall check and establish the exact location prior to construction of.the facilities. The dimensions for lines and elevations for grades of the structures, appurtenances, and utilities are indicated on the Drawings, together with other pertinent information required for laying out the work. If site conditions vary from those indicated, the Contractor shall notify the Engineer immediately, who will make any minor adjustment as required. The location and elevation of the bench marks are shown. The Contractor shall furnish the necessary labor and materials to accurately lay out the work and set the required elevations from the information indicated. The Contractor shall retain a Registered Land Surveyor licensed in the State of Arkansas to establish the centerlines or base lines of principal structures, roads, pipelines, and facilities, and set bench marks as necessary to establish the basic layout. The Contractor shall provide a competent employee during normal working hours to assist the Engineer, when required, in checking lines and elevations in the Contractor's layout and for measuring quantities for payment purposes as the work proceeds. The Contractor shall cooperate with the Engineer so that the checking and measuring may be accomplished with the least interference to the Contractor's operations. MG17335.A1 Supplementary Conditions 3 ARTICLE "SHOP DRAWING SUBMITTAL PROCEDURE" Delete the first sentence in the first paragraph and substitute the following: The Contractor shall submit six copies to the Engineer for • review, such shop drawings, electrical diagrams and catalog cuts for fabricated items and manufactured items cinciuding mechanical and electrical equipment) required for construction, except as noted below: 1. Any blueprints or oversized copies shall be submitted as one reproducible (sepia, mylar, etc.) and one print of any Drawing larger than 11 -inch by 17 -inch in size. 2. Submit six copies of all nonreproducible items (e.g., color charts, etc.). After the first paragraph, add the following: Should the Contractor fail to submit acceptable shop drawings on the second submittal, one copy will be returned to him and the cost of the Engineer's time to review subsequent submittals on the unacceptable item will be deducted from the Contract Amount. ARTICLE "INSURANCE AND LIABILITY", SUBARTICLE "GENERAL LIABILITY INSURANCE" (INCLUDING AUTOMOBILE) Revise the $2,000,000 umbrella excess coverage to the amount of $20,000,000. ARTICLE "INSURANCE AND LIABILITY", SUBARTICLE "BUILDERS RISK ALL RISK INSURANCE" Delete the following coverages from the General Conditions: Loss caused by landslide. ARTICLE "ORDINANCES, PERMITS, AND LICENSES" Add the following: BUILDING PERMIT The building permit for the permanent structure shall be obtained by the Contractor, but any actual fee paid for its issuance will be reimbursed to the Contractor by the Owner. MG17335.A1 Supplementary Conditions 4 PERMIT FOR WORK WITHIN THE FEDERAL; COUNTY, AND/OR STATE RIGHTS -OF -WAY The Owner will obtain from the county and/or state the . necessary permit for work within the rights -of -way. A copy of the permit will be. available at the office of the Owner. The Contractor shall abide by all regulations and conditions stipulated in the permits, and such conditions and requirements are hereby made a part of these SUPPLEMENTARY CONDITIONS, as fully and completely as though the same were fully set forth herein. The Contractor shall 'examine the permits granted to the Owner, by the county and/or state. Failure to do so will not relieve the Contractor from compliance with the requirements stated therein. The Contractor shall, if required by the county or state, provide a bond in the amount and form designated, before commencing work. FOLLOWING ARTICLE "SAFETY" Add the following: BUY AMERICAN In accordance with the Buy American provision in Public Law 95-217 (Section 215 of Public Law 92-500 as amended) and implementing EPA regulations and guidelines, the Contractor agrees that preference will be given to domestic construction material by the Contractor, subcontractors, materialmen, and suppliers in the performance of this Contract. INFORMATION REGARDING BUY AMERICAN PROVISION .1. The Buy American Provision of Public Law 95-217 (Section 215 of Public Law 92-500 as amended) as implemented by EPA regulations and guidance, generally requires that preference be given to the use of domestic construction material in the performance of this Contract. 2. Bids or Proposals offering use of nondomestic construction materials may be acceptable for award if the Regional Administrator waives the Buy American provision based upon those factors that are deemed relevant, including: (1) such use is not in the public interest; (ii) the cost is unreasonable; (iii) the available resources of the Agency are not sufficient to implement the provision; or (iv) the articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, . or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality for the particular project. The Regional Administrator may also waive the Buy American provision if it is determined that application of this provision is contrary to multilateral government procurement agreements. Such evidence as the EPA Regional MG17335.Al Supplementary Conditions 5 Administrator may deem relevant shall be furnished to justify use of nondomestic construction material. Article "SCHEDULES AND PROGRESS REPORTS" At the end of the Article add the following: The Contractor shall conform with Section 01311, SCHEDULE AND SEQUENCE OF OPERATIONS. STANDARDIZATION AND UNIFORMITY OF EQUIPMENT AND CERTAIN MATERIALS To ensure standardization and uniformity in all parts of the work under this Contract, like items of equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. Uniformity in like equipment items is required in order to provide the Owner with interchangeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturers' services. Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, continuity in patterns, color, and texture; and a standardized procedure for maintenance care and manufacturers' services. Standardization requirements for the work under Section 13700, PROCESS INSTRUMENTATION AND CONTROLS shall be as specified in that technical Specification. Visible architectural items such as exterior finishes, floor and wall covering, ceiling materials, doors, windows, cabinet work, paint, and miscellaneous appurtenances, when specified alike shall be standardized. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where interchangeability, color, and texture is not a significant factor for standardization. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified. FIELD TESTS All samples, testing shall be paid for by the Contractor. All compaction tests, concrete cylinder tests and earthwork tests shall be included in the lump sum price stated in the Proposal. MG17335.Al Supplementary Conditions 6 SURETY AND INSURER QUALIFICATIONS All bonds, insurance contracts and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company, having his place of business in the State of Arkansas, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Arkansas. OCCUPATIONAL SAFETY AND HEALTH The Contractor shall observe and comply with all applicable local, state and federal occupational safety and health regulations during the prosecution of work under this Contract. In addition, full compliance by the Contractor with the U.S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be required under the terms of this Contract. PUBLIC WORKS COMPLIANCE ACT GENERAL. If the contract amount exceeds S25,000, the Contractor shall abide by the requirements of the State of Arkansas. The act generally requires the Contractor to: Participate in registered training programs with the State of Arkansas Prior to the commencement of the work, submit a letter of intent to the Bureau of Apprenticeship and to others as required by the Act Prepare and submit quarterly to the Bureau of Apprenticeship, records of employment on report form BAP -500 ADMINISTRATION. Administration of the apprenticeship program for this Contract will be under the designated area field office of the Bureau of Apprenticeship. ARTICLE "PARTIAL PAYMENT" SUBARTICLE "ESTIMATE" Delete in its entirety and substitute the following: ESTIMATE AND PAYMENT On the first day of each calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the approved work completed in accordance with the Contract Documents, and the value of APPROVED materials delivered to the project site suitably stored and protected prior to incorporation into the work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make MG17335.Al Supplementary Conditions recommendation to the Owner shall include: 1. Updated Overall Schedule SCHEDULE AND SEQUENCE OF 2. Updated Payment Schedule SCHEDULE AND SEQUENCE OF for payment. Each payment request as described in Section 01311, OPERATIONS as described in Section 01311, OPERATIONS If the above items are not submitted, the Owner shall withhold payment until these items are completed. The Contractor shall be paid within 45 days of approval of the payment request. ARTICLE "PARTIAL PAYMENT" SUBARTICLE "PAYMENT" Delete in its entirety. ARTICLE "PARTIAL PAYMENT" SUBARTICLE "DEDUCTION FROM ESTIMATE" Delete in its entirety and substitute the following: As required by Arkansas Statute 14-653.1. the Owner shall retain 10 percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after 50 percent of the work has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to 5 percent on the current and remaining estimates. When the work is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below 5 percent to only that amount necessary to assure completion. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. No retainage will be held on materials payments for materials that are accepted and properly stored on site. MG17335.Al Supplementary Conditions a 11 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) Supplemental Conditions for Federally Assisted Wastewater Facilities under PL 97-117 REPRODUCTION OF THIS GUIDANCE SHOULD BE ON COLORED PAPER, PREFERABLY PINK. 1 nrnrplcfl it1A'( 31933 U.S. ENVIRONMENTAL PROTECTION AGENCY • LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS DAVIS-BACON ACT (40 U.S.C. 276a -276a-7) (a) All mechanics and laborers, including apprentices and trainees, employed or working directly upon the site of the work shall be paid un- conditionally 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 the Copeland Regulations (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than the aggregate of the basic hourly rates and the rates of payments, contributions, or costs for any fringe benefits contained in the wage determination decision 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 or subcontractor and such laborers and mechanics. A copy of such wage determination decisioh shall be kept posted by the Contractor at the site of the work in a prominent place where it cart be easily seen by the workers. (b) The Contractor may discharge his obligation under this clause to workers in any classification for which the wage determination decision contains: (1) Only a basic hourly rate of pay, by making payment at not less than such basic hourly rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or (2) Both a basic hourly rate of pay and fringe benefits payments, by making payment in cash, by irrevocably making contributions pursuant to a fund, plan, or program for, and/or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by the Davis - Bacon Act, or by any combination thereof. Contributions made, or costs assumed, on other than a weekly basis shall be considered as having been constructively made or assumed during a weekly period to the extent that they apply to such period. Where a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Contractor pays a cash equivalent or provides an alternative fringe benefit, he shall furnish information with his payrolls showing how he determined that the cost incurred to make the cash payment or to provide the alternative fringe beogfit is equal to the cost of the wage determination fringe benefit. In any case where the Contractor provides a fringe benefit different from any contained in the wage determination, he shall similarly show how he arrived at the hourly rate shown therefor. In the event of disagreement between or among the interested parties as to an equivalent of any fringe benefit, the Contracting Officer shall submit the question, together with his recommendation, to the Secretary of Labor for final determination. Reprint of EPA Form 5720-4 (5-73) . (c) The assumption of an enforceable commitment to bear the cost of fringe benefits, or the provision of any fringe benefits not expressly listed in Section 1(b)(2) of the Davis -Bacon Act or in the wage determin- ation decision forming a part of the contract, may be considered. as payment of wages only with the approval of the Secretary of Labor pursuant • to a written request by the Contractor. The Secretary of Labor may require the Contractor to set aside assets, in a separate account, to meet his obligations under any unfunded plan or program. (d) The Contracting Officer shall require that any class of laborers or mechanics including apprentices and trainees, which is not listed In the wage determination decision and which is to be employed under the contract shall be classified or reclassified conformably to the wage determination decision, and shall report the action taken to the Secretary of Labor. If the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers or mechanics to be used, the Contracting Officer shall submit the. question, together with his recom- mendation, to the Secretary of Labor for final determination. Apprentices and trainees may be added under this clause only where they are employed pursuant to an apprenticeship or trainee program meeting the requirements of the Apprentices and Trainee's clause below. (e)- In the event it is found by the Contracting Officer that any laborer or mechanic, including apprentices and trainees,'employed by the Contractor or any subcontractor directly an the site of the work covered by this contract has been or is being paid at a rate of wages less than the rate of wages required by paragraph (a) of this clause, the Contracting Officer may (1) by written notice to -the Prime Contractor terminate his right to proceed with the work, or such part of the work as to which there has been a failure to pay said required wages, and (2) prosecute the work to completion by contract or otherwise, whereupon such Contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. • (f) Paragraphs (a) through (e) of the clause shall apply to this contract to the extent that it is (1) a prime contract subject to the Davis -Bacon Act, or. f2) a subcontract also subject to the Davis -Bacon Act under such prime con- tract. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION (40 U.S.C. 327-333) (a) The Contractor shall not require or permit any laborer or mechanic, • including apprentices, trainees, watchmen, and guards, in any workweek in • which he is employed an any work under this contract to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek or work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic, including apprentices, trainees, watchmen, and guards, receive compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked 'in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, whichever Is the greater number of overtime hours. The "basic rate of pay," as used in this clause, shall be the amount paid per hour, exclusive of the Contractor's contribution or cost for fringe benefits, and any cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination, whichever is greater. 3 CoofbIn the event of anthe Con) shall be liableototany affectedremployee forpanygamounts)� the • due, and to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including an apprentice, trainee, watchman, or guard, employed in violation: of the provisions of paragraph (a) in the sum of $10 for each calendar day an which such employee was required or permitted to be employed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a). APPRENTICES AND TRAINEES (a) Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program regis- tered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U.S. Department of labor; or if no such recognized agency exists in a State, under a program registered with the aforesaid Bureau of Apprenticeship and Training. The allowable ratio of apprentices to journeymen In any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of this clause, and who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor shall furnish to the Contracting Officer written evidence of the registration of his program and apprentices, as well as of the appropriate ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. The term "apprentice" means (1) a person employed and individually registered in a bona fide apprenticeship program registered with the U:S. Department of Labor. Bureau of Apprentice- ship and Training, or with a State Apprenticeship agency recognized by the Bureau or (2) a person in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training, or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprentice. (b) Trainees shall be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. The term "trainee" means a person receiving on-the-job training in a construction occupation under a program which is approved (but not necessarily sponsored) by the U.S. Department of Labor, Manpower Administration, Bureau of Appren- ticeship and Training, and which is reviewed from time to time by the Manpower Administration to insure that the training meets adequate standards. • , C. (c) In connection with contracts in excess of $10,000, the Contractor agrees as follows: (1) The Contractor shall make a diligent effort to hire for perform ance of work under this contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journey- men in that occupation to be employed in the performance of contract the applicable ratio as set forth in paragraph (d) of this clause. (2) The Contractor shall insure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here Involves a consideration of (1) the availability-. of training opportunities for first year apprentices, (ii) the hazardous nature of work for beginning workers, and (iii) excessive unemployment of apprentices in their second and subsequent years of training. ,(3) The Contractor shall, during the performance of the contract, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of paragraphs(c)(l.) and (c)(2) of this clause. (4) The Contractor shall maintain records of employment on this contract by trade of the number of apprentices and trainees, apprentices and trainees in first year of training, •and of journeymen, and the wages paid and hours of work of such apprentices, trainees and journeymen. In addition, the Contractor who claims compliance based on the criterion set forth in paragraph(c)(6)(ii) of this clause shall maintain such records of employment on all his construction work in the same labor market area, both public and private, during the performance of this contract. In each of the.above cases the Contractor shall make such records available for inspection upon request of the Department of Labor or the Contracting Officer. (5) The Contractor shall supply one copy of each of the written notices required in accordance with paragraph (c)(6)(iii) of this clause at the request of the Contracting Officer. The Contractor also agrees to supply at 3 -month intervals during the performance of the contract and after completion of contract performance a statement describing steps taken toward making a diligent effort and containing a breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Contracting Officer and one copy to the Secretary of Labor. (6) The Contractor will be deemed to have made a "diligent effort" as required by paragraph (c)(1) if during the performance of this contract, he accomplishes at least one of the following three objectives: (I) The Contractor employs under this contract a number of apprentices and trainees :by craft, at least equal to the ratios established in accordance with paragraph (d) of this clause, or (ii) the Contractor employs, on all his construction work, both public and private, in the same labor market area, an average number of apprentices and trainees by craft at least equal to the ratios established In accordance with paragraph (d) of this clause; or (iii) the Contractor (A) if covered by a collective bargaining agreement, before commencement of any work on the project, has given written notice to all joint apprenticeship committees, the local U.S. Employment Security Office, local chapter of the Urban League, Workers Defense League, or other local organizations concerned with minority employment, and the Bureau ' of Apprenticeship and Training Representative, U.S. Department of Labor, for the locality of the work; (B) If hot covered by a collective bargaining agreement, has given written notice to all of the groups stated above, except joint apprenticeship committees, and will in addition notify all non - joint apprenticeship sponsors in the labor market area; (C) has employed all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees, and where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by paragraph (d) of this clause; (D) notice, as referred to herein, will include at least the Contractor's name and address, the agency designation, the contract number, job site address, value of the contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the contract work, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with paragraph (d) of this clause. (d) The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen fn any occupation for the purpose of this clause shall be as follows: (1) In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is being under- taken, set forth in collective bargaining agreements, or other employment agreements, and available through the Bureau of Apprenticeship and Training Representative, U.S. Department of Labor, for the applicable area; (2) for any occupation for which no ratio is found, the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the Standards of the National Joint Apprentice Committee for the occupation, which are on file at offices of the U.S. Department of Labor's Bureau of Apprenticeship and Training; and (3) for any occupation for which no such recommendations are found, the ratio of apprenticesand trainees to journeymen shall be at least one apprentice or trainee for every five journeymen. PAYROLLS AND BASIC RECORDS (a) The Contractor shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of 3 years thereafter for all laborers and mechanics, including apprentices, trainees, watchmen, and guards, working at the site of the work. Such records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Contractor has obtained approval from the Secretary of Labor as provided in paragraph (c) of the clause entitled "Davis -Bacon Act,' he shall maintain records which show the commitment, its approval, written communication of the plan or program to the laborers or mechanics affected, and the costs anticipated ..: or incurred under the plan or program. (b) The.Contractor shall submit weekly a copy of all payrolls to'the Contracting Officer.. The Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The copy shall be accompanied by a statement signed by the Contractor indicating that the payrolls are correct and complete, that the wage, rates contained therein are not less than those determined by the Secretary of Labor, and that the classification set forth for each laborer or mechanic, including apprentices and trainees, conform with the work he performed. Submission of the "Weekly. Statement of Compliance" required under this contract and the Copeland Regulations of the Secretary of Labor (29 CFR Part 3) shall satisfy the requirement for submission of the above statement. The Contractor shall submit also a copy of any approval by the Secretary of Labor with respect to fringe benefits which Is required by paragraph (c) of the clause entitled 'Davis -Bacon Act."I (c) The Contractor shall make the records required under this clause available'for inspection by authorized representatives of the Contracting Officer and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. COMPLIANCE WITH COPELAND REGULATIONS • The Contractor shall comply with the Copeland Regulations of the Secretary of Labor (29 CFR Part 3) which are incorporated herein by reference. WITHHOLDING OF FUNDS (a) The Contracting Officer may withhold or cause to be withheld from the Prime Contractor so much of the accrued payments or advances as may be .considered necessary (1) to pay laborers and mechanics, including apprentices, ..trainees, watchmen, and guards, employed by the Contractor or any subcontractor dd'the work the full amount of wages required by the contract, and (2) to satisfy any liability of any Contractor for liquidated damages under paragraph (b) of the clause entitled "Contract Work Hours and Safety Standards Act - Overtime Compensation." (b) If any Contractor fails to pay any laborer, mechanic, apprentice, trainees, watchman, or guard, employed or working on the site of the work, all or part of the wages required by the contract,'the Contracting Officer may, after written notice to the Prime Contractor, take such action as may be necessary to cause suspensinn of any further payments or advances until such violations have ceased. SUBCONTRACTS The Contractor agrees to insert the clauses hereof entitled "Davis -Bacon :.-.Act', "Contract Work Hours and Safety Standards Act - Overtime Compensation," "Apprentices and Trainees," "Payrolls and Basic Records," "Compliance with c Copeland Regulations," "Withholding of Funds," "Subcontracts," and "Contract Termination - Debarment," in all subcontracts. The term "Contractor" as used in such clauses in any subcontract shall be deemed to refer to the subcontractor except in the phrase "Prime Contractor." CONTRACT TERMINATION - DEBARMENT A breach of the clauses entitled "Davis -Bacon Act," "Contract Work Hours and Safety Standards Act - Overtime Compensation," "Apprentices and Trainees," "Payrolls and Basic Records," "Compliance with the Copeland Regulations," "Withholding of Funds," and "Subcontracts" may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. NONDISCRIMINATION PROVISIONS During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated. -.during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, ₹n all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant (5) nd reports reuired by Executive eCrdercontr11246 ofactor lSeptember 24, 1965,mand byl furnish alInforationarules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. orders of the Secretary of Labor. • (6) In the event of the contractor's noncompliance with the nondiscrimina Lion clauses of this contract or with any of the said rules, regulations,. or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in • accordance with procedures authorized in Executive Order 11246 of September -- 24. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965. so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the admin- istering agency may direct as a means of enforcing such provisions, includ- ing sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. • CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. - SAFETY AND HEALTH'(40 U.S.C. 327-333) (a) The contractor shall not require any laborer or mechanic employed in the performance of the contract to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by regulations of the Secretary of Labor. (b) The contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.). 49242 , RULES AND REGULATIONS . I Tithe 41 —Public Contract and Property Management CHAPTER 60.OFFICE OF FEDERAL . CONTRACT COMPLIANCE PRO. GRAMS, EQUAL EMPLOYMENT OP- PORTUNITY, DEPARTMENT OF LABOR - COMPLIANCE RESPONSIBILITY. FOR EQUAL EMPLOYMENT OPPORTUNI. Final Rule I a • PART 60-1—OBUGATIONS OF CON- TRACTORS AND SUBCONTRAC- T TORS I% I 60-1.1 Equal opportunity clause. (b) Fedenily autated construction cant nets. Cl) Except as otherwise pro. waded. each administering agency shall require the Inclusion of the following 'language as a condition of any grant. contract, loan. insurance. or guarantee involving federally assisted construe. Dan which Is not exempt from the re-• aulrements of the equal opportunity clause The tapleant hereby agree that It wt11 Inmroonhe or eauN to be incorponued into anY contact lot .auucton work, of moll. Station thereat as defined in the reguls. tiom of the Secretary of Labor at 41 CFR Cltapter 60. Which is paid for in whole or In pan with fund. obtained tram the Pedant Government or borrowed on the credit of the Federal Ooverusent pursuant to a gran. mnract lout in.usante, Cr gusnn• tee- or undertaken pursuant to any Federal .program Involving such grant. Contract, Iota. •--urea as at guarantee. me following equal opportunity clause Duane the performance of this centrict the contractor agrees as fouawr - (1) The Mntnmar will not discriminate against any employee or applicant for em. Dlayment because of na, color. "upon. sex. or national one... The contractor Will take afflrmauve action to brand" that appU- anti are en.ployed. and that employees tae treated during employment without regard to their race, color. religion fel or national orign, such action shall include, but not be limited to me following: Employment a} aiding. demnuon or innsIer, reaultmenI or recruitment advenlslae layoff at 4Rml• moon. rites of par or other forma of am• 9ema nom and selection for training. Ineud• tag apptantKbmp• The antnctu .Rob W Post In C iisvicm Dlaeaa available to mh Diorees and toplladu for employsment. no. tars to be pnnded setting forth the prof(• suns of this emduaunnatton clause. (2) The contractor WW. In all ilatatiaus ar advents mmu for employee. placed by or an.behalf of the contngtor, state that all qualified appliants will receive cwwnder• 1.1 Wont for employment Without regard to rape color, rellnon, zex, or national origin. (3) The contractor will send to each labor mien or representative Of warken with whim he has a collective bargaining agree mom m other mntnes of Undentatidna a notice to be provided seeking the said labor onion or workersRpeesentativea of the •. eontnemrs eo--'tents under this sec- tion. and shall peat copies of the notice In mz plaotu pleb aystable to employees and aapllbnu for employment (4) The contratar will comply with all pro• iWons of Executive Order 11246 of Septem- ber 24. 1963. add of the rules. tegula&lons. Rod relevant Orden of the Secretary of Lam, 131 The contractor will furnish all info,' merlon and reporo required by Executive • Order 11246 of September 24. 1965. and by rule. rnulations. and orders of the Secre- tary of Lbor. or puntusat thereto, and will permit sores to his books. recordt and at. mtmta by the administering agency and the Secretary of tabor for purposes of 7nvbti• atloa to ascertain mmpllanea with such rd.. regulations. and order. (6) In the event of the contractor's non- tw -pUance with the nondlspri,,,inauon dames of this contract or with any of the said rules, regulations, or ores this con• treat mar be anceled. terminated. or sus- pended in whole or In pan and the bonne. tar may be declarer Ineligible for further Government contracts ar federally assisted construcnon contractsin accordance With procedures authorized in Executive Order 1124601 September 24. 1963. and such other sanctions may berimposed and remedies in. voted as profded In Executive Order £1246 of September 24. 1963. or by ride. regula• cn or order of the Seeeta of Inner. or a otherwise orpvlded by law. (7) The contractor will Include the portion of the sentence Immediately preceding pars• gaph (1) and the provision of oulemohs (1) through (7) In every subcontract or our. chase order unless aemDi ed by rules, regii• rations. or Orden of the Secretary of Labor Issued pursuant to seetlon;204 of Executive. Order 11246 of September 24. 1963• so that .Such PtotWons Will be binding upon each • subcontractor or vendor. The contractor will take such action with respect to any subcon• tract or purchase order as the administering agency may diner as a means of enforcing such DrOvtsion. Including sanctions for non. ...puss Promded. Aowa , ,. That In the event a contractor becolpes involved in. or is th"atened wtth.•utintton with a subcon• tractor or vendor ii a result of such dine' lion by the admYnatenng agency the con. tractor any request the United States to Mier Into such litigation to protect the in- terests of the United States The applicant further agrees that it WILL be bound by the above 'equal opportunity Cause with respect W Its own employment practices when it panlapues in federally misted mfutrjcUon wart: Provided, That it the applicant so panleipatmg is a State or local government, the above equal opportu• city clause is not applicable W any agency. Instrumentality or subdivision of such age. eminent whim does not participate In went one? under the contract. • The sepliciat agrees that it will assist and cooperate actively With the Admmutering agency and the Secretary of tabor an a - timing the compliance of contractor, and Mbmn•.ragton With the equal opportunity clause and the rules. regualiony and rele. FEDERAL g!OISigt, VOL 43, NO. 20.—egmA7 000111 20. 971 19 want miters of the Sc'.' etaty of Labor. that it win furnrn the admmuterme agency and the Secretary of Labor such intorution a they may require for the supenliion of Such compliance, and that I! will otherwise anti the admimstermr agency In the digt char.. of the aeerrys primary responsibili. IF for securing compliance. The applicant further agrees that it will refrain from entering into any contract or coatret modlficatioo subject W Executive Order 11246 of September 24. 1963. with a contractor debarred from, or who has not dmtmutnted eligibility for. Government contrncta and federally assisted construe. tlmi contntts pursuant to the Dtecutive' order and will carry cut such sanctions and penalties for violation of the equal opportu• oityclause as ma; be imposed upon rontrac• ton and subeontncton by the a4rnimster- Ing agency or the Secretary Of Labor pursu- ant W Pan Jr. Subpart D of the Executive order. In addition, the applicant agrees that If It falls or refuses to comply with these un- dertaking. the administering agency may lake any or all of the following anions: Cancel. terminate. or suspend in whole or in out this inn[ (contract- loan. Inuuranct•, Nanntnz refrain from extending any fur. ther assazen" to the applicant under the retrain with respect W which the failure Or "fund m'a"ed gnt0 atisfartory assur- ane of future compliaae bs, been received from such agplkanu and refer the ease to u' a Deoaruricit of JuYior for appropriate let psaq"GOt. W) saboaxtrach. Each ponexempc prime contractor Or ssbcorractor shat Include the equal opportunity c1.uve in each of its nonexempt SUbcontraas. (d) facorporation by rehrenee. The equal Opportunty Ciaa6e tptty be iti0ar- panted by reference in all Gover- ment eontretts Mid avbsca'ucQ. m - eluding Governmmc bat of hidir. . tratssportafon reque6fs. Otauatts for deposit of Government fui ds. and con- tracts for issuing and paying USa say - Inge bonds and notes. and such other contracts and subcontract as the Di. rector may designate. (e) Incar➢oration by operation o/ the Order BY operation of the Order, the equal opportunity clause shall be con- sidered to be a part of every contract and subcontract required by the Order and the regulations in this pan to In crude such a clause whether. or not it I physically incorporated in such, con. tracts and whether or not the contract between the agency and the contrac- tor is written. (f) Adaptation of language. Such necessary changes In language may be made in the equal opportunity clause as shall be appropriate to identify property the parties and their under. taking&. t� 11 trade which have unions oan(clonng W the Plan. COntraetan mutt be Said to dem: enstnte. their pnrnapauon In and Wmpu• ante with the proelnont of my Such Homo- town Plan. F -_w Contractor or 3ubcontnn• tot paruclaUng to an aponved Plan Is mdl. rldually redurred to comply with Its obLiga• Lions under the EEO clause, and to mane a good faith effort to achieve tics goal undo} the man In each glans In weigh It hat em• ployns. The Overall good loth pertormap- by other Caatradton or Subcontngton toward a goal In an zoomed Plan does pot aerate any (Speed Contractors or Subcon. tnetora future to take good Cant efforts to aghfete the Plan goals and timetables L The Contractor ahtU Implement the fenfle affhmiure action stands -to- pro video In paragraphs 7o- through D of these ampnatians The goals set forth in the so- Udtasion from welch tats Wnnaa resulted am apraned u penentages of the total. hours of employment and LnInmg of miner• y and female 04P-tnnn the Contractor Should reasonably be able to aebleve in each Wninsaton trade In which It has empinyte In. the covered area The Contractor IS a- oM.ed to make sub.u¢tial:y argumm pro. r io toward Its goals In each craft during the Denod siwWffied. S Neither the prwhions of in? WUetUve bargaining agreement. nor the 4uure by a union with wbom the Contractor has a Wi. ienite bYgWimg aceemens, to refer either mlmritie or women shall estuse the Con• Immure obllnuoas under thin ,troika• Uaaa E actuive Order 11:46. or the regular• ttons promulgated PWsuspt there. 6. In army for the converging training hour of uncommon Lid mucees to be aeucted In meeting the goals such appren- tlea and Linea mutt be enpoyed by the Contractor during the trai not penod. and the Cuntnaor must have made a commit- ment W employ the aaprentita and U.in Sea as the mmaletan at their tnsnlns sub. let to the •vailaMWty of employment op. portuniLiaa T.unea man be framed punt. AXIS to UwnAlnt prORsms a0proved by the U.S. Depsnment of Labor. I. The Contractor man take spedtte at - flimsily aeuam to ensue eeual employ men; opportunity. The evaluation of the Contwa;rs WmpllanW with in sDecltl- ati0ns anal be based upon Its effort to achieve makimum results fsm l4 actions The Contractor Sb.0 doting thee of - forte fully, and shall implement atftrtrssve action seeps at least as ate ssn " tae 101 - lowing - nur a Eand maintain a working anrhan- men% free of bannment. Intimidation and eoen as " all site, and W all faeittia at wltten the" Contractors employee are as 'trued W wwrti The Contracor. when cps able, will assign two or an woman to each construction ;reject. The Contractor Shall mecnieany ensure that all foremen. moor. Intenden4. em other on -n4 mMrt,Wry peroracl are5nat and am ly out me Contractor, ibugason to m.Ltraan such a wortmg ID 110nmens. WI US SDeaflc atep. Utah to mtoonty Of female indinduala woes. Ins at turn ore ar In such !'marls It. Establish and maintain a eurnnt list of minority and- falcate reerul=ant sauna amvide intro nocuiasio toman0n" and female r.Qlnteent saline and io Wmmu- Ally artadeatons when the Contractor or 14 unions rip! a ;Ioymept 0ODOrturuti availableand ftatn4m a record of Me 01fl n:••rdpdnsn e Maintain a cunent file of the names Wdrenn and telephone nun:ert of each mmonty and female off -the -street applicant and minority or temale referral from a union, a reauament source or WCnunity Onanlraton and of what action was talten with repeat to each such Individual. ff .Lion Individual was seat to the union filling hall for refLTal ands 00t referred back W tae Contractor by the union or. U referred, nit employed by the Contnaar. Chia shah be documented in the file ¢Ira the tenon therefor. along with whatever additional ad, pons 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 anlment hoe tat referred to the Contractor a minority tenon or woman teat by the Contractor. or when the Can. tractor has other information that the anion refers l proton has impeded the Can. tracton efforts Comet Its obligations e. Dewlap co-Wo-Job training opportuni. tie and/or panicinte in tnmIne programs for the area which eriresy Include minor. Wa and camel Including upgrading pro - Cams and apvrenatemp and trainee pm. gams relevant to the Contractor, employ. men; needs espe ially tone programs funded or aDprored by the Depanment of Labor. The Contractor shall provide notice of [bete propwms to the ,our compiled ®der lb above. L DIss--lost- the Contractors LEO poll" by pn.ven notlW ds.the policy to unions and training program, and request• tot their eooanuon m asnttieg the Can. tractor In meeting Its EEO obUgatlanc by Including It W any poL" manual and toilet - ape n-ga'ning at[eemruL br p IDUCt'^. it In the noon, newpaper. annual nvoes ant by specific anew of the PoUgy with all managemen. personnel and with all mmar- .1ty and female employee as least ones a year and by potting the Wmany EEo polio an bulletin boards aaGesuble to all empmyee at each laanpn when nstrue. @ma surf Is penorned. g. Renew, at least annually, the Wmpa• ors EEO polio and .'fl —'ire action obil- culan, meal t5 specnlcations with all employee burnt any nmonstbWty for birmL usignmeat. layoff termination dr other cOmyment deeiloos Including ,Do- doe renew of thee itam- with oc ce super- visory pennnnel men as Suoenatendetts, General Foremen. etc.. gnat to the acid. asioa of constriction work at any job sate. A written record shall be made and main- tained ldnnWymg the time and plate of them neetmgs persons acvadiat. subject matter dirnied and disposition of the fun- lea touter. n DU emuu4 the Contractors no poll" eneraslly by including It m any ad- venadng in the news media. sveeulauly n- dudaa minority and female new, mrnls and branding wntta nottfltanvn to and mranmr We Cantnaars EEO pea" with other Cantracten and Submat.-Orton with whom the Contractor doe or antlmpaset doing bWmea L Duna Is, recruitment efforts both oral and written W gsiOonty. female and tom- muai" arr,aattiona to Schools with ml. canty and female students slid to tamdnty and female recnutent and ironing erg ca. rations sernag the Contractor. recruitment aria and employment netts. sot later than one mooch onar to the Oat for the atteot- aace at appneY:aa far aOpeefUcefnip Cr other training by any remnaltinent source. - the Contractor shall send sntten notUlat tion to ommitatons such as the above. de-. emtbmx the opetunta smeenlnt DWCURS, and tuts to be used at the selectoo process J. ©mutate present mmdn" and fenute - employee to raevtt other aunonty persons - and women and. where reasonable. provide Liter School. summer and vanuen employ- meat to mnanty and female youth both on the site and in other ant of a Contractors work force. L VYlda4 all tats and other selection re tlultemedu Where then is an obligation to - do to Under 41 CFR Part 60-0. L Conduct. at [last annually, as nventory and evaluation at Ieast of all mmonty and female personnel for promotional covortu. aria and encourage these employee to seek or W Drep.n for. through appropnas. mining. etet seen apponn.vtes m Csun that aemonty practices. lob cluUllaIja , wart a aurtmenu Std Other Personnel practices, do not have a dlsenmt- natory effect by continually maAltonnt all personnel and employment related a:uvnie to ensure that the no policy and the Con- tractors Obl4atidns under trine speetila- Lions are being anted out. n. Ensure Last W facillue and company aatnua are nonYgRtaced except that sep- anie or single -user toilet and netasuy changing famutia seal[ be branded W ,sure pnncy between me sexy o. Document and muata'n a record of all WUmaUons of often for subruotne4 from unmanly and female construction contrac- tor, and tuppaen including esrulatan of toUdmtans to minority and female contrac- tor aa,oCauons and other btaaia S nasm s. grin^• t P. Conduct a renew, at tears annually, of all supenuonadherence to and xnorm- anee under the Contractors EEO ponce and uflr_a@ye action onUntions. S. Contractors are encouraged to ganld- Dace in voluntary artdesuoru which asst In fuJ1fT tit one or more of their affirmative action o01L'wtions (7o- through pl. The Of. faro of a contractor asociauan. joint con- tractor -union. WntnaorNmmnntty, or Otter nmda[ MUD of which the contractor IS a memcer and parUClpant may ha assert. S a, tulfWmg any one or mon of Its obUn. lions under 7a through p of these S;ecJlca- tCns provided that the contractor actively pwclpaw In the group. [pate every effort to assure gnat the t:ouD has a posi- tive Impact On the employment of minor. ate and women In the Industry, ensures that We concrete benefits of the program an reflected, 'a the Contractors minonty and female worsfone puumpauod. makn a good faith effort to meet Is, Wdlndual goals .and timetable. and an provide aWeu to dotumenahon.wtuch demonstrate the ef- fectiveness of Sulam taken on behalf of the Contractor. The obligation to comply. how- . ever. Li the Contractors and failure of such a tnUD to fulfill an obligation shall not bet defense for the Contractors nnnmmouante 9. A Single {oaf for mmonUes and a seoa• rat finale anal for women have been cub. lisben The Contractor. however, Ls recuired to provide eaual emvloym-ient opportunity and'W hue astir —mauve action for all minor. try groups. auto take and fe=ale. and all women- both mmonty and non-minonty. Conseeuenuy. We Contractor may oe us no- lauan of the Lxecuuve Order If a :artenar group La employed to a subsuntally d na- flt manner liar ezafpte. even auto Lie UOILAL &EGrg7EL VOL 4& NO..7afalOAr, OCican M its 11 PART 60 -4 --CONSTRUCTION CON- TRACTORS —AFFIRMATIVE ACTION REQUIREMENTS 168_`AU -U.Solllicitatioaa ,yam = (1) Federal ewnth+` efhm and all apphmtcts shall inelude Lite notice set forth to Danctph (d) of this section and the Standard Federal Equal Employmnt Oppommlty Cot. strncnon Contnet Spedianom set forth Ia ,I 60-1.3 of this part is an so- Ucitatfons for alien and bids on all Federal and federally aarsted coa- atructioc ecntraes or subcontracts to be Performed in gecgraphl-1 ar'as designated by the Director pussnant to 160-4.6 of the Port Admi.detentg agencies Shan require the Melts on of the notice sec -forth S Dan✓aSah (d) Of this Section .e1 the apec!1Icz f..as set forth In 160-17 of this part as a mndWoa of any C6aL contract sub- contraet Io�)trsr2n a or guarantee lavolvtag federally armed Contend• ties covered by this part 60-4. (b) Al! noncoltst:tcfon contraeton coveted by Executive Order 11246 and the Implementing regl:lations shall in. dude the notice in ;aragiaph (d) of this section in an tocacruenon agree- reenLt which are necessary in whole or in pan to the performance of the Cov- ered aonconlnuction Contract (c) Contnetae officen, aopuants and ndntmntrnmlon COnt31CAn shall given wrlttan notice to. the 1)IrMAr within 10 working days of award of a contact Subject to these provision The notification shall Include the name. addres dadtelephone number of the mntnctor, employer IdntUies- tion Humber, dollar amount of the Contract_ estimated rultne an4 ctm- pletion data of the conLYt; the cot. (net number and geagnpb)eal area In which the coat -act s to be per. formed. • (dl The following notice sha0 be in• eluded in. and shall bet part of. all so- QGtatio= for offers lad bids an all Federal and federally assisted ca - stDetton contracts or subcontracts in excess of £10.000 to be performed In gea9aphin! areas designed by the DI - rector punuaat to 1 60.4.6 of this part (ace 41 C23160 --Ural): Notice or Riacnnc rr Me A>maar rt acnaa To Exacts Eaaat EawkorMcer ..Or+paxcl@y (Exsctzvg Oahu 11:46) L The OtfhM. or Bidden attention b Called to the " cuU Opoortualty Claae' and the •Saandad Federal Equal Emoiov- meet opportunity Conscu as Contract Soecatauonr set Lana best. a The pale and Um tables tar m)nartty and female Darmntton ezpte sad m der. [sae term tar the CaniiaCo l acR[Me earvrato m each tide on all mrstruct wen in the Cowered vet tie at foio4 Cable- Gas ftr ad. i. 11—$eals aamn[> wu—. eom puM eeatm tee aaCo pans e rd poet • Loran bfar lesntsa fat sea tee- eta>er. T`ere goats are aoo0mme to a0 the Con- tafeon Commaon wart (whether or net n a Federal ar fedemilyaanMed) f orfa In the coveted vet The Contrnemr$' mmpllaaoe with the Ea- eC11tRe Order lad the recuLadoo m e1 i_nt Part w-4 $ban be based on !b Imaementa- Dad or the Edol Oooatumtty C.aaee, sooe- Cle aSlrmate elan aenauom teaulred byte aac'dlanoe set forth in 41 c -n aD- 4St). was Its efforts to meet the Saab CS- abC•ahtd for the potraonaal vas where the aanaaa nemlCt from tS tollettaaoC lam be perfumed. The hours of minartty tad feta(e emmermmt and uammg must be su SattU7 Uwarm tmoutttaus the length of the coot,+. and m each toe, and the aonetror s'-" make a toad tint effort to employ 'mama and .owet enab an era of Me DCoca. The t'atater of muaarar or female ema1oyees or trvnees teem Coo tot to Contractor or tram DrpI. •4R to Dn)ect far the sale ptutae of naart- big the Coa Sara Loam Mall be a vtaa- eon of the e,te6 the EExecuuve Order and the retulaaam in 41 CPR Part 60-4. Coo"-- euh the pat$ will be menauted away the total watt hours perfumed 1 The Gnt-Y.or shall ..code wrasa noalca.an torte Director of me OLaa of Federal Gntreat Comouanae Proenuas s, 10 worn. dysof award of any Con- sn'.nuaa atMat[att a exm of $10.000 at soy tier for CONWatlon work wider me aanact r uis z from this 'SaII Canon The Om1flanoa $a4u Us the nom., address sad tleaode number at the $uat9atracton cubic ideatdlanoa number eMamaeed Anil., .oche at the stCanunct e$Weved Cacao[ one mdmlauao due of ale aka aatnct and the ■eocaohs (- area m wmea the aatnet is to be perlo t 4. As used m this Notre. and to the con- tract resulting from this tones" a. me Covered arc•" it (Insert deanoum of the fecante cu areas wove the aatraet Is to be DMenned avu[t the Mate aunty tad citr, a ayes 160-t3 Equal epponuaby rfa[[aat (1) The cdial" Orper4•Y.1t7 dame published a 41 cn 60-L((a) of this chapter ie required to be included In,. and is part of. all nonexer_Dt Federal contracts and subcontraes, including eanuructlan con=ks and subcons t'aets The equal aoponua.•ty clause published at 41 Cn t 60-1.4(b) Is re- quired to be Included in. and is a part of. all nonexe=Dt federally assisted conatnctt -conc7Gta and subcon- tracts fa addition to the clauses de seethed above. all Federal contracting officers, all aopllrants and aU cancon- struction Contractors. as acptiesblt. shall Include the spectflcalora set forth In this section in aU Federal and federally assisted constnaetod con- tracts In aces, of (10.000 to be per- formed In geognahical areas designat. ed by the Director pursuant to 160-4.6 of t0Lis Daft and In constnjctlon sub- conavctt In ez(xs- of 110.000 aeaes- sary in whole or In part to the per- formance of honeonitnctlon Federal contracts and subcontracts covered gager the Executive Order. Scaxaase r ..' Eaaai ®oeorre,r Or• rpsrexrss Caerraeetoe Caneac? Brat. nunaae mcnevnvt Qeaa 11:46) LAS over m thee ao ins the m a "Covered ors" cones et ens-` .l sin deamted In the aoAi-t-una from .bra this aaaa ren[lte2 b 'Dtrcarh aeeaa Dueear. ofra of Federal Coning r —,harm Frowns. United SW.. Deane of Lg ,. y ar a penal to ebom tae Dire Dutstar d ✓+/r w. Chant, it , ebyer Isoew ebn number• means Meme Social Federal Smutty nueber uaa on CO. E:aaaOyer3-QLA5flflI7 Fedel U.S.Cle ra Tax Return. trnsisry Dpaeunent Farm 941. a ^. (all lacludet (U Slalackck cats pecan haslet or(ittta to say of the Slam[ Masao ravel .noun not of 31^•�,• onmx (U) Slmaaa (au persons of SCUM Puerto Rion Gs m emCCal or Sautes Aural re or other 5D^..i.w Culture at. onma ntsrnf and of rcef. (lul Asian and Pacific Wander (all person hang antis in say of the antral peoaLa d at the Far Eases Southeast AnInian Asia. the dtaa SgLV) AAlts .. or t e Pools blaaasr, and nd nvmenael Iadlan or Alaskan Natty, - Call neon haven amass in any of me original oeoola of Norm Amend and thhrough a 101mtia0(e o altlltanens through 2em moeno and pn:emwoO or ammamry IdeC%tU!auanl 2 Whenever me CaIncr. comae or any Sub- contractor ofat W tier. NDaanu,ca a Oor- tr Can of cot wort Corwin; any aestnetean Cade, it shall Dhniauy ^elude in praea n,bcontSLOW ofnat m etcen at 00.000 the o Lice Cana at t: eke rtmllauan and the Notice eaten eOO'"', me yclicaa(e grab y tar and- aonty and female asz atano o and .ever, b $e[ Cartm th e e saunuuon from whet this antral: reaWted 3. U too Cantnctor 13 aan!C2[tL.t (pun +tat to 41 LtXOT 60,441 m a Romeasn Nap approved trys,e r,y ar moment e1 Lao, m me ate+ed'.L•antaer iU fl—.Aaar or t nten an iaaclanen :ti t: a uve Y9aa ooanuoS an W want a the ran area mtluauta taala and tttetaolo) an*Y be m attoreanee arm mat Nth for these nvttAt Ifdeani, vol. 43. NO. rot—FnmAy: Crpux n 11" . 12 7 rte • CCnt:temr has achieved its maa for wome senen117. the Contractor mar be In not lion of the Executive Ober it a sDecute mM cony imuD Of women J ttnderDnitrld). 10. The Contractor shall not use the goals and tt etabla or atf --uiye action Stand. arch toe end ate aeldtfi ens Dena be, came of nwW, color, r.WIM set or --'ti •ortatn. . 12. the Conuamor snap not enter Into any Subcontract with say person or firm ae- baned from Oovemmet dendrscig ptesu. ant to EXecuttn Order 1121E - 1 . The Cantiactor th.LL any out -such e.'. -.,,,,s and penaitla for violation Of these sciectnadom sad of the Equal ODpor. • tumt7 Clanse. Inducing tmpecalco, tetm1. nation lad ancellauon of e.eft mboon. ttacu Is may be Initiated or ordered Dunu. ant to Executive Order 11246, 5.r =ended, and its imalemetmf regulation by- the Oftta of Pederal Contract CamDaance pen. ttwa Any Contrtctor who fails to arty out sutra mactiaas Lod peaalta shall be tD Tlolwaa of these apeeflatlons end lseey- tive Order 11245. as &meDded. IL The Contractor. In fuif heal Its oWia- teens under that SpeCif:aCons. shall Impla' InODt tpedf c afthmatve tetinn netts at list as ostensive as those staaderds DR - scribed In parafrallb I at that speedla- tIODS so as to athlete tebmt,bu,w setts from its efforts to ensure equal espcoyment oDoortnhit7. 11 the Contract" fall{ to- tamply with the requAzte its at the ncee- tive Order, the Icpletnmzing resulatia . or these speelaatians the Director ens" pry Wed In sOEardgeW 11th 41 CPR 60ia 14, The Contractor abaft designate s re- sponsible Of"Icial tom0mtor Li cploymeat. jetated acuity to ensure that the Wmpan7 • EEO DoUta a beet anted out to momtt repona Misting to the D:Dvuiom bereof u may be required b7 the Government end w keep remrds Records shall u Ins{ In"de for elect etDlofee the '• 'e, Add. -. teie- none aumbeR caws ruction trade. union afaflstion If an7 CEIVIO a Ideztifradon tU be wile tweed, squat aecostty • number. rate. Sm saes te4_ mecw'btc so- pretUm Utate, helper. or laborer), date of changes in statue four worked per week In the t..et....-a tilde. rate of pay sad ions. tons at •hltb the wort was performed. Records shLU be ^•t-•-•-ed In an easily 'm• demandable and restersme form: however. to the cen t that ntttmf records awafy this regthrement. Watr star wall not be required to ntimtam separate remelt 15. Nothtnf herefa pnnded shall be Wa- sirued as a limitation upon the aa,liatia- - of ether ILws which establish d)ttcrrst stands. Of Wt pliadae or down the avow. atian of regWremmta for the hhtnf of loeu or ether area ratdena (e.g.,, these. under_ t:te PuOUe Works EDltsldtment Act of LW?? and the Cc- .'nty Develapmet Blot Gram ProfnmL, (b) The notice set forth In 41 Ge'R 60-4.2 and the speelf cations set forth 111 41 C.t'R 60-4.3 replace the new Form fer3Federsl Equal Fmployme 1 Opportunity Bid Cdndltiom for Feder V and Federally Assisted Construction. published at 41 FR 3:482 and tom• money moan m the Model Federal F=0 Bid Condltlora. and the New Form shall not be used alter the re2n- Iauom tn 41 C."R ?art 60.4 become ef- fectve. C. rtptaA& IEGISrEL VOL 42, NO.:74—ti17AY, OCCUR ?5, iv/a 13 11 es Partll Environmental _ .Protection Agency Procurement Under Assistance Agreements r Federal / Val. 48. No,•60 / Monday, March 28.1983 / Rules and ENVIRONMENTAL PROTECTION AGENCY 40 CFA Part 33 (OA-FRL 2210-3] Procurement Under Assistance Agreements AaENOr Environmental Protection Agency. ACTON: Final rule, SUMMARt: This document makes the Environmental Protection Agency's Part 33, "Procurement Under Assistance Agreements," a final rule. Part 33 establishes the rules for all procurement undertaken by recipients of EPA assistance agreements. In accordance with OMB Circular A-102, Attachment O. and OMB Circular A -in Attachment a this rule Is designed to rely heavily on recipients' procurement systems Part 33 applies to all Catalog of Federal Domestic Assistance Programs in the 66.000 series. Cate This rule is effective for assistance agreements which EPA awards on and after March 2& 1983, FOR PVRTN!R INFORMATION CONTACT: Richard A. Johnson, Grants Administration Division (PM -216). Environmental Protection Agency, Washington, D.C. 20460. (202) 382-62.9& SYPPtENSNTARV INFORMATION: On September 1& 1981, EPA published in the Federal Register (48 FR 45963) a Notice of Availability which made a draft of Part 33available for public comment-- - -On March Z 1962, EPA published a. proposed Part 33 in the Federal Register (47 FR 8960) and an May 12. 1982 EPA published in the Federal Register (47 FR 20474) an interim -final Part 33. The May 12. 1982, interim -final role became effective only for EPA's construction grants program, . . On July & 1982. EPA reopened the comment period on Section 33240 "Sma11 minority, women's and labor surplus area businesses" (47 FR 296668). The comment period on this section was extended 30 days because it significantly changes EPA's existing minority business and women's business policies. We made numerous editorial changes throughout the interim -final rule in order to make this final rule easier to read and understand- - Implementation Because we published an interim -final and final Part 33 rule, we have added this section to explain when the interim - final is effective and when the final rule Is effective, L If EPA awarded a wastewater treatment construction grant under Title D of the Clean Water Act before May 12, 1982, the recipient has the following options: (a) The recipient may follow the procurement requirements in effect when EPA awarded its construction grant or (b) The recipient may follow the procurement requirements in the May 12 interim -final rule, provided the.recipient completed and submitted EPA Form 5700.48 to the award official before the effective date of this final rule, or (a) The recipient may follow the meat requirements in the final Z, If EPA awarded a construction grant between May 12,1982, and the effective date of this rule, the recipient has the following options. (a) The recipient may follow the procurement requirements in the May 12 interim -final ntle, provided the recipient completed and submitted EPA Form 5700.48 to the award offical before the effective date of this final rule (b) If the recipient did not submit EPA Form 5700-48 before the effective date of this rude. the recipient must follow the procurement requirements in this final rule. The recipient must complete the appropriate part of EPA Form 5700-48 .and submit the fora to the award official as required in § 33.110, 3, Comprehensive Environmental Response, Compensation, and Liability Act of 1980. "Superfund" awards made after March 2,1982, included the Proposed Part 33 rule (47 FR 8960) as a special condition in each cooperative agreement Superfund awards made after May 12. 1982 included the interim -final Part 33 (47 FR 20474) as a special condition in each cooperative agreement Superfund awards made after the effective date of this final rule are subject to the final rule. 4. If EPA awarded any other assistance agreement (other than construction grants and Superfund awards) before the effective date of this rule, the recipient has the following options: (a) The recipient may follow the procurement requirements in effect when EPA awarded the assistance agreement, or .(b) The recipient may follow the procurement requirements in the final role. The recipient must complete the appropriate pan of EPA Form 5700-48 and submit the form to the award official as required in § 33.110. EPA Form 5707-48 "Procurement System Certification" - `. This form implements the self - certification process. Subpart A "Procurement System Evaluation" explains how EPA and the recipient will use the form. For the reader's convenience, we have included a copy of the form after Appendix A. Description of Major Issues QuafityAssarance On June 14, 1979, EPA established quality assurance requirements for all EPA extramural projects involving environmental measurements. The objective of the quality assurance (QA) program is to ensure that all environmentally related measurements which are required or funded by EPA are scientifically valid, defensible, and of known precision and accuracy. Under the program, contractors must submit QA plans to the recipient if contract activities will include environmentally related measurements. The reference to EPA's QA program is being added to § 33.1030. clause 13. "Responsibility of the Contractor," paragraph (a), in order to make contractors aware of the policy. The QA requirements are specified in guideline documents available from: Sid Verner, Environmental Protection. Agency, Office of Research and Development (RD -680). 401 M Street, S.W. Washington, D.C. 20460, (282) 382- 5797, Major Comments Received We received over 125 comments on the March 2, 1982. proposed rule. The preamble to the May 12. 1982. Interim - final rule addressed some of these comments in detail. Since EPA's position on the issues discussed in that preamble is unchanged we have not repeated those discussions here. The following discussion addresses the other areas of the regulation which received the greatest number of comments: Section 33.X5 Definitions. - We reserved the definitions of minority business enterprise (MBE) and women's business enterprise (WBE) in the May 12. 1982. interim -final regulation. We are adding those definitions now. We received several comments on the definition of MBE in the September 9, 1981, draft regulation which was made available to the public for comment by notice in the Federal Register on September 1& 1981 (46 FR 45963). That definition used the Small Business Administration's (SBA) definition of minority group members, which •