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HomeMy WebLinkAbout8-89 RESOLUTIONRESOLUTION NO. 8-89 iczze A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MECHANICAL INSULATION SYSTEMS FOR THE REMOVAL OF ASBESTOSIS IN BUILDINGS TO BE DEMOLISHED FOR THE WALTON ART CENTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute a contract with Mechanical Insulation Systems for removal of asbestosis from buildings to be demolished for the Walton Art Center. A copy of the contract authorized for execution hereby is attached marked "Exhibit A" and made a part of hereof. PASSED AND APPROVED this 17th day of January APPROVED Mayor By: 1989. T H E A M E R I C A N INSTITUTE OF ARCHITECTS AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the ' Eighteenth Nineteen Hundred and Eighty—Nine BETWEEN the' Owner: (Name and address) day of January in the year of University of Arkansas City of Fayetteville, Arkansas c/o UofA/City of Fayetteville Arts Center Council 240 North Block Street Fayetteville, AR and the Contractor: (Name and address) , Mechanical Insulation Systems, Inc. 353 North Campbell Springfield,MO The•Proiect is: • (Name and location) The Architect IS: (Nance and address) Asbestos Abatement Walton Arts Center Fayetteville, AR Mott Mobley McGowan & Griffin, P.A. 302 North Sixth Street Fort Smith, AR The Owner and Contractor agree as set forth below. Copyright 1936, 1951. 1958, 1961, ]963, 1966, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W.,. Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA" •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 1 • ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent spc ifically indicated in the Contract Documents to be the responsibility of others, or as follows: None ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. ' (!sent :be date of annmeirccmavn, if it differs from fix dale of Ibis Agreement or, if alp/Ica/1e, slate that Ilse dale stint be fixed in a notice m prtx'ae ..) The date of commencement shall be stipulated by the Notice to Proceed. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Isert Ibecale+rdarflatcar rutmber of attendardars after the date of comnremavnc n. Also insert any requircmrcvcts fon earlier ,Substantial Congderiait ((certain per - tions of the Work. if not stated etseu here in the Contract Documents.) Twenty (20) consecutive calendar days following the date of commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if (my: for liquidated damages relating Al failure to complete on time.) If theContractor fails to complete the Work within this time, or any agreed extension thereof, he shall pay to the Owner as liquidated damages, fixed and agreed, and not as a penalty', the sum of Seventy-Five.Dollars ($75.00) for each such calendar day of delay of the Work which sum shall be withheld by the Owner from payments due to be made to the Contractor. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seventeen Thousand Nine Hundred Fifty and 00/100 Dollars (� 17,950.00 ), subject to additions and deductions as provided in the Contract Documents. AIA DOCUMENT A107• ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • A•Ao • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 2 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or ocher identification ofhon pg ibealternates.amount fdecisionson other alternates rzc are to be math, isthe mild) None to the eirceeHan of fbit Agreement, attach a schedule of such other alternates showing the amwnn for eacb and the date unci( ubitb that amount B valid.) None: 3 3 Unit prices, if any, are as follows: None I ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the mon h, or as follows: Progress payments shall be in the amount of ninety percent of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work.and one hundred percent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, less the aggregate of previous payments in each case. 4.2 Payments dueland unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at he legal rate prevailing from [erne to time at the place where the Project Ls located. (Insert rale of interest agreed upon, if any.) Nonb (Usury cd places of nr6urder Urn: ?ftrtd Truth in tendingAct.navelar fjccta4andicralron/inrisu.n./quclI ad OOxrnget bi onvul d Urrner''s and KC(C k4iomr:. priueilud places 1 f b ahress. Ux• fowl ion of We Project and elsewhere may affect Nx•?veldt°. t f this pnmisirm. Legal ath•ice should lx• obtained with avec !o deletimis or modifications, and also r warding ncfuirements suit a, 11 riven dLailosures or uribers.) AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 3 t, ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Surn, shall be made by the Owner to the Contractor when the Work has been' completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contact, Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987 Edition. 6.1.2 The Suppleenary and other Conditions of the Contract are those contained in the Project Manual dated November 14', 1988 , and are as follows: Document Title Pages F Supplementary Conditions F.1 - F.4 G Scope of Contracts G.1 - G.11 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: (Either fist the Specifications !me or refer to an exbibir attached to this Agreement.) Section Title Pages 02000 Asbestos Abatement 1 - 20 AIA DOCUMENT MOT • ABBREVIATED CAA NER-CONTRACTOR AGREEMENT • NINTH EDITION* AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W'., WASHINGTON. D.C. 20008 A107-1987 4 Jo 6.1.4 The Drawings are as follows, and are dated (Silber list the Drawings bere or refer to an eibibit attacbed to Ibis Agreement.) Number 6.1.5 The Addenda if any, are as follows: Number 1 unless a different date is show n below: Title Date None Date November 22, 1988 Pages 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any. forming part of the Contract Documents are as follows: (List any additional documints utast are intended to ting part of the Contract Qxmnents) None AIA DOCUMENT A107• ABSREVIATEDOWNER-CONTRACTOR AGREEMENT• NINTH EDITION• AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 A107-1987 5 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract .Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of chis Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the !Contractor. The Contract Documents are complementary, add what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (I) between the Architect and Contractor, (2).between the Owner and a Subcontractor or Sub -subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be performed. 7.4 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor,- materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a pan of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary, approvals, easements, assessments and charges required for die construction, use or occupancy of permanent structures or permanent changes in existing facilities. 8.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor, to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of, the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or norma wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- forming portions of the Work under a contract with the Contractor. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A107-1987 6 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding arca free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner, and Architect access to the Work in preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, Ions or expense is attnbutabk to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, 2 Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, less or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of idemnity which would otherwise cxist as to 2 party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit aces. 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (I) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 7 A107-1987 ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work b being performed in 2 manner inditrt- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On thc basis of on- site observations 25 an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, tech- niques, sequences or pr .xdures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor s responsibility as provided in Paragraphs 9.1 and 16.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- text Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Appticatkms for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Docu- ments on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contrac- tor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other deci- sions of the Architect, except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in thc Contract Documents. 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbi- tration Association currently in effect unless the parties mutu- ally agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10.5. Notice of the demand for arbitration shall be filed in writ- ing with the other party to this Agreement and with the Ameri- can Arbitration Association and shall be made within a reason- able time after the dispute has arisen. The award rendered by AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT• NINTH EDITION • AIA' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006 the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction ;thereof. Except by written consent of the person or entity sotight to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by con- solidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is fled that (1) such:person or entity is substantially involved in a common question of fact or law, (2) the presence of such per- son or entity is required if complete relief is to be accorded in the arbitration, (3) theinterest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the: Contract, shall famish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor •shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Con- tracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contrac- tor by .the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. , ARTICLE.12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on.the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is: involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents. . 12.3 Costs caused by delays improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions,,deletions or modi- fications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13 3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rea- sonable time as the Architect. may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of die Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal- ance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid bal- ance would not be adequate to cover actual or liquidated dam- ages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, mate- rials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such AIA DOCUMENT A107• ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 A107-1987 8 lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of foul payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identi- fied by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor stall be responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Con- tractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or foss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incor- porated therein; and .3 othcr property at the site or adjacent thereto. The Contactor shall give notices and comply with applicable laws, ordinances, ales, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and Toss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subpara- graphs 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in addition to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are applic- able, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work 9 A107-1987 itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 7.3 Unlerb otherwise provided, the Owner shall pu d maintain, in a company or companies lawfully author' to • . business in the jurisdiction in which the Pro' - is loca ., property insurance upon the entire Work at the are to the nsurable value thereof. This insurance shall be . an 211 - risk pole v form and shall include interests of the • ner, the Contracto Subcontractors and Sub-subcontrac .rs in the Work and , all insure against the perils of fire . d extended coverage and • hysical loss or damage includin: • thout dupli- cation of cov • : theft, vandalism and mal' � . us mischief. • 17.4 A loss insu adjusted with the fiduciary for the insur to the requirements of under Owner's p er and made as their into y applicabl ro 17.5 The Owner shall file pe insurance shall be In le to the Owner as may appear, subject mortgagee clause. is • copy • each policy with the Con- tactor before an exposure t• 1. • may occur. Each policy shall contain a provision that the • • licy will not be cancelled or allowed to expirc until at leas : days' prior written notice has been given to the Contract .r. 17.6 The Owner and +retractor ve all rights against each other and the Archil • Architect's c. ultants, separate con- tractors described in 'ck 12 if any, • any of their subcon- tractors, sub-subco tractors, agents and ployees, for dam- ages caused by or other perils to the xtent covered by property insu ce obtained pursuant to this nicle 17 or any other proper insurance applicable to the Wo except such rights as the may have to the proceeds of such r urance held by the O • er 25 fiduciary. The Contractor shall re. uire similar waivers favor of the Owner and the Contractor b Subcon- tracto and Sub -subcontractors. The Owner shall req 're simi- lar w • vers in favor of the Owner and Contractor by th - chi- tec Architect's consultants, separate contractors descri.. • in acne 12, if any, and the subcontractors, sub -subcontract , gents and employee of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Com - AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA. •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 pletion of the Contract or by terms of an applicable special war- ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- ments. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obliga- tion of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced nor to the time within' which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project LS located. 19.2 As between the Owner and the Contractor, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certifi- cate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Com- pletion and prior to issuance of the final Certificate for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occur- ring after the date of the final Certificate for Payment. • J 'A N. ..- 041 ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Con- tractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for proven loss with respect to materials, equipment, tools, and construc- tion equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor andmay finish the Work by whatever method the Owner may deem expedient If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. • AIADOCUMENT A107• ABBREVIATED OWNER -CONTRACTOR AGREEMENT• NINTH EDITION • AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A107-1987 10 • ARTICLE 21 OTHER CONDITIONS OR PROVISIONS None This Agreement entered into as of the day and year first written above. OWNER UNIVERSITY OF ARKANSAS Chamberlin E ecutive Vice President and Provost (Printed name and title) OWNER _CITY ' OF FFA7JETTEVILLE, AR CONTRACTOR MECHANICAL INSULATION SYSTEMS INC (Signature) William V. Martin, Mayor (Signature) (Printed name and title) • J (l e;Cor //.j ( �i (Printed name and title) 11 A107-1987 MA AMERICAN AINSTITUTEROF ABBREVIATED ARCHITECTS, 1735 EW YORK AVENUE. N.W., WAS WASHINGTON. 20006 Bond #000827437` ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, MECHANICAL INSULATION -SYSTEMS, INC., Springfield, Missouri, as Principal, hereinafter called Principal, and co Intnational Fidelity Insurance Co. c co er 24 Commerce.$t. Newark, NJ 07102 - r3 as Surety, hereinafter called Surety, are held and firmly, bound $ntrp THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE, ARKANSAS, AND THE CITTc gr FAYETTEV,ILLE, ARKANSAS, c/o (WA/City of Fayetteville Arts Cemter Council,' Fayetteville, Arkansas, as Obligee, hereinafter called Ow ef, in the 'amount of Seventeen Thousand Nine Hundred Fifty and 00V400o Dollars :f$17,950.00)1 for the payment whereof Principal and Surety 1i nd themselves, their heirs, personal representatives, successors 'and co assigner jointly and severally, firmly by these presents. - o m Principal has by written agreement dated entered into a contract with Owner for Asbestos Abatement for Walton Arts Center, Fayetteville, Arkansas, in accordance with plans and specifica- tions prepared by Mott Mobley McGowan & Griffin, P.A., Architects, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract failing which such persons shall have a direct 'right of action against the Principal and Surety, jointly and severally, under chis obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after twelve months from the date final payment is made on the Contract, except by the Owner. .Any alterations which may be made in the terms of the Contract, or in the walk to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forebearance on the .part of either the Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, personal representa- tives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forebear- ance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This Bond is executed pursuant to the terms of Act 351 of 1953 of the Arkansas Legislature, as amended by Act 209 of 1957 of the Arkansas Legislature. Executed on this 17th day of January 1989. Mechanical Insulation Systems, In Principal By T r iT 0 rn 0 0 International Fidelity Insurance Co. Surety By L -/L-° 7l Let, Attorney-in-fact Charles Marion Allen. TOTRL P.04 TEL. (2.1) 524-72U: Pit 7R OF fl ORNkY • Interna. aal Fideli- y Insurance Company . HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 BOND NO. 000827437 KNOW ALL MEN BY THESE PRESENTS: That International Fidelity Insurance Company, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHARLES MARION ALLEN AND GEORGE ROBERT SMITH NORTH LITTLE ROCK, ARKANSAS its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of • indemnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, - Section 3, of the By - Laws adopted by the Board of Directors of International Fidelity Insurance Company at a meeting called and held on the 23rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal 'of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2). To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power;so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. LID LCD IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this lst. day of May A.D. 1982 STATE OF NEW JERSEY 'Coenty of Essex Executive Vice President On this 1st. . day of May 19821 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. • `.;�Q A... Hqq IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, i Q . .'fl at the City of Newark, New Jersey the day and year first above written. . r/' • `,.\ POO L►c.J.,j ..f r. JE n`{ CERTIFICATION Notary Public My Commission Expires April 14, 1988 I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFtr•E OF SAID COMPP*" v. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attu, hey has not been rev.. . and is now in full force and effect. 1 890 P IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of January CS-nr-nc7e144-6.- Assistant Secretary '.PRODUCER INSURANCE CENTER ASSOC 321 EAST 4TH JC1FL.IN M.1 641401. OLlrrn 1'_G _�ItICi-.. mal CSJ iJ_•-c r. ISSUE DATE (MM/DEWY) THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY' LETTER A ._..fJ,l'•.1,.1E"''. fINFILSISKS COMPANY INSURED . LETTER B MECHANICAL INSULATION SYSTEMS, INC P.O. BOX 22107 SPRIN(.IFIE.LD, MO &,5S0(--22809 COVERAGES CA LTR COMPANY LETTER C COMPANY LETTER COMPANY E LETTER AMERICAN STATES INSURA[LEE THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIB[D HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUS10NS, AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE GENERAL LIABILITY CO' MERCIAL GENERAL LIABILITY ED. >AF.I CLAY•<S tir D;. RS i CC!ITRA'TEL E IJ ' I E AUTOMOBILE LIABILITY _.. X. A• NY AUTO -`"jt Ai -L OA'NED AUTOS S• CHEDULE° AU'US '`R HIRED AiJ OS N• M -OWNED AUTOS SAR'AGE LiAB;I.ITY EXCESS LIABILITY OTHER THAN UMBRELLA FDPI✓ WORKERS' COMPENSATION• AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIC •• II • POLICY NUMBER `CLI_v E TECTA.r PQJCCV EXPIR IIV. OAT( II W )34 DATE IMIN D. v! OICC250:"3492 ,0719��i6�5 r ALL LIMITS IN THOUSANDS GENERAL AGGREGATE PHCUU::1E-OOMPOPS AGGR:o. . PERSONAI. R lMVFRTI$WG hEIONe EACH (YC1.1919ENCE r141 OT b!ao/: IA4v CNC HTE: $ $ $ $ :!F;'.IC?L EXPENSE iAtiv CNE PFRE0+11 $ i.2I/24/EiE 10/24/99,s mi of/89 01/mL/90 _L S/LOCATIONS%VEHICLES/RESTRICT!ONS/SPECIAL ITE•'d5 liN I VF_R , I TY ; CIf= ARKANSAS CITY OF 1=AVET'T't`VII._LEP AR 24t NORTH BLOCK STF:E;ET FAYE:TTEVIL..L.E, AR . Ntl.1:1•i'7.4: [117111 .•— $ 1 0071 knu PERP" PER PFRSJ':I Q COOLY 41 PY 'PER $ OODDSW yt F\; 1V ejriq EACH Ar•Q ESATE CC{URAFN.^.F x4H $ $ 1LZO Inc PCUDEN 00 r $E.POLVCY 1ar•_D_SE S6EACH EMPL7tTA �PP IE; HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ex. PIRATION DATE THEREOF. THF ;SSUING COMPANY WILL ENDEAVOR TO MAIL 1 V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO .OBLIGATION OR LIABILITY (W ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES AUTHORIZED RE. !WSENTATIVE B_S.E.1:UId.1:18i1:/tIL• Ik1:i. TOTAL P.O latiaRG AMERICAN SAFETY RISK RETENTION GROUP INC. CERTIFICATE OF INSURANCE P. O. BOX 1111 • ATLANTA, GEORGIA 30371 • (404) 586-0000 INSURED PROJECT INFORMATION: A Contract No. Project Name Description 240 NORTH BLOCK STREET FAYETTEVILLE, AR UNIVERSITY OF ARKANSAS/FAYETTEVILLE INSURED: Mechanical Insulation Systems, Inc. P. 0. Box 2208 417 West Mill Springfield, MO 65801 1•1•]114 ;Mel 4. CERTIFICATE NO. 881021939 ISSUE DATE (MAIDDM') 02/16/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DCES NOT AMEND, EXTEND. OR ALTER THE COVER- AGE AFFORDED BY THE POLICIES BELOW. .00 TOTAL CONTRACT AMOUNT: $ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLIICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. x TYPE OF INSURANCE COMMERCIAL GENERAL FORM PREMISES/OPERATIONS x I COMPLETED OPERATIONS IM PERSONAL INJURY CONTRACTUAL [X1 PROPERTY DAMAGE ® PRODUCTS ® ASBESTOS ABATEMENT FORM OF COVERAGE OCCURRENCE POLICY NUMBER CGL 88-009 ADDITIONAL COMMENTS: POLICY POLICY EFFECTIVE DATE EXPIRATION DATE (MWWNY) (MMUDNY) 03/31/88 03/31/89 LIABILITY LIMITS EACH $ 1,000,000 OCCURRENCE $ 2,000,000 AGGREGATE AMENDS CERT #881021750 -CONTRACT AMOUNT $17,950.00. ADDL INSURED -MIDWEST MATERIALS;MOTT MOBLEY MCGOWAN &GRIFFIN;U OF AR/FAYETTEVILLE;CITY OF FAYETTEVILLE DESCRIPTION OF OPERATIONSSPECIAL ITEMS This certificate is sued solely with respect to the referenced project and s not applicable to any project not specified on an insurance cend Mate issued by American Saleiy Risk Retention GroW, Inc. The recipient of thscendicata has the obligation to verily coverages for the Named Insured and Additional Insureds. The premium payable by the Insured s determined by he Contract Amount shown above. Failure al the Insured or the recpierti of this centMate to notify American Safety Risk Retention Group, Inc. either of any inaccuracy or discrepancy in the Contract Amount, or any subsequent increase in said Contract Amount, exceeding five (5%)percem, shall result in forfeiture of all rights to coverage under the policy shown above. For maintenance, time and material or continuing conlracs having no original aggregate Contract Amount, the Insured must provide to American Safety Risk RetentionGroup. Inc. a copy of all work orders, invoices, releases or other evidence of work oedormed. or to be performed, including the Contract Amount thereof, and make payment of all applicable premiums wdh respect same. Falure of the Insured to properly repos all such work, and pay all applicable premiums therefor, shall result in forfeiture of all rights t� overage under the policy shown above. • Coverage under the policy shown above s cannoned upon the Insureds compliance with safety Guidelines issued by American Safely Rek Retention Group. Inc. which form a can of me poiicy.'American Salely Risk Retention Group, Ins reserves the right to require inspections of the Insured's performance on the project shown above and on other projects being performed by the Insured, and failure of the Insured, or any recipient of a cenilicaie of insurance, to permit such inspections shall resub in forfeiture of all nights to coverage under the policy. Subject to the foregoing and all teerns. conermns and exclusions of policy. including exclusions for environmental impairment and professional errors and omissions. the policy extends coverage m the Named Insured far certain activiies undenaien in connection w th asbestos abatement contracts. The terms, exclusions and conditions of the policy govern the extent of coverage. �t•3�:illly[H_���:Pl��l�: UNIVERSITY OF ARKANSAS CITY OF FAYETTEVILLE ARKANSAS 240 NORTH BLOCK STREET FAYETTEVILLE, AR ATTN: ALAN R. GERKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAII3 WAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA- TION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REP- RESENTATIVES. AUTHORIZED REPRESENTATIVE: • JOHNSON & HIGGINS OF GEORGIA, INC r ' 7f1SNI 7VOI NVH O83 ! CRAVES INSULATION, INC. ENVIRONMENTAL PROT. ASSOC. 0 0 N o 0 O It m w CuCOroPO N N 0 N N 00'OS6'LiS so;segsY r 00'896'8iS '0NI 'S3OIANHS NOMAD n Pa 0 o 0 m AIRflOHS OI9 SAND SOVBSNOO • • CO • N In m •O O O Li n 1N 0 0 0 0 n Cr o a. P N C CO m rto O n co co O m H W t 1 N I O W T 0 tD d. co '%� rt l0 O 0 In Xy rt m p ~ :o 6861 'h Sienuef PsPnioUI papniouc 4oN papnioui 3oN rr Dy n N MI Z to �+1 K EyCOW H H tt71 m o m < Z H H 0 rn 0P. rm H H zz CA X H to 04 paTJt 19D m Adoj eniy e • Bond 11000827437 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We; MECHANICAL INSULATION SYSTEMS, INC., Springfield, Missouri, 85 Principal, hereinafter called Principal, and International Fidelity Insurance Co. 24 Commerce St. Newark, NJ 07102 as Surety, hereinafter called Surety, are held and firmly, bound ?Orin THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE, ARKANSAS, AND THE CIT?_ (TIF FAYETTEVILLE, ARKANSAS, c/o UoEA/City of Fayetteville Arts Center Council, .Fayetteville, Arkansas, as Obligee, hereinafter called Owner, in the amount of Seventeen Thousand Nine Hundred Fifty and 00i/i00 Dollars (517,950.00), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors 7:8rd assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for Asbestos Abatement for Walton Arts Center, Fayetteville, Arkansas, in accordance with plans and specifica- tions prepared by Mott Mobley McGowan & Griffin, P.A., Architects, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after twelve months from the date final payment is made on the Contract, except by the Owner. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forebearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, personal representa- tives,'successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forebear- ance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This Bond is executed pursuant to the terms of Act 351 of 1953 of the Arkansas Legislature, as amended by Act 209 of 1957 of the Arkansas Legislature. Executed on this 17th day of January , 1989. Mechanical Insulation Systems, Inc. Principal By_ International Fidelity Insurance Co. Surety By ( ,' U' %` L Attorney-in-fact Charles Marion Allen TOTHL P.04 03 CO T r m 0 'Et. (2011 f.24 -72W . PO•:.'ER, Off':.T TO NEY .Interna` .ia1 Fidelis ; Insurance Company HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 BOND NO. 000827437 KNOW ALL MEN BY .THESE PRESENTS: That International Fidelity Insurance Company, a corporation organized and existing under the aws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHARLES MARION ALLEN AND GEORGE ROBERT SMITH NORTH LITTLE ROCK, ARKANSAS is true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of ndemnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, :ontract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity Insurance Company, as fully and amply, to all intents and purposes, as it the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, - Section 3, of the By- laws adopted by the Board of Directors of International Fidelity Insurance Company at a meeting called and held on the 23rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal -of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company :n the future with respect to any bond Or undertaking to which it is attached. t_n IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this lst. day of May A.D. 1982 STATE OF NEW JERSEY O '47 F� County of Essex Executive Vice President On this lst. . day of .May 1982% before me came the individual who executed the preceding instrument; to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the international Fidelity Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Director' of said Company. %\c� P ... `•. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal/ Q % •.'p at the City of Newark, New Jersey the day and year first above•written. IOTA/joy ':, a+''i M • ? '•. •� Fri JEA`t.: CERTIFICATION friw/ Notary Public My Commission Expires April 14, 1988 1, the undersigned officer of international Fidelity Insurance Company do hereby certify and that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFrrp OF SAID COMPA*'". and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Atturncy has not been rev,. . and is now in full force and effect. copy I IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 17th day of January Assistant Se retary 1 '1 INSIJsANc:t, CENTER ASSOC 311 LAST 4TH .JDPL.IN Mf] 641301 INSURED MECHANICAL. INSULATION SYSTEMS, INC P00, SOX 222i0 • SPRINGFIELD, M(] 65001 20 0 ISSUE DATE (MM/DD/YY) -9/89 THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPnNY LETTER AMERIS8N STATES INS3URANI; 06 vti COMPANY `. LETTER COMPANY D LEITER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED 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 SUOJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. rept! OF INSURANCE GENERAL LIABILITY :O5EVERCIAL GEI:EPAL LIA3i11T: ctioRs .::IEP. 5 GP: RAC 3.S pKiE:TP;E ~/I 3 AUTOMOBILE LIABILITY Xl .NI AUT' ALL OKSED AUTOS SCC?EDULED Air1OS X HIRED AUTOS ;ION.OVJED ADIOS 3ARAGE LiAB ITT, EXCESS LIABILITY OTHER THAN UMBRELLA FORA' WORKERS' COMPENSATION • AND EMPLOYERS' LIABILITY OTHER POUCY NUMBER 1211.CC230 492 0 7 I Y0001 i 1 F4,0.`5 rCLI_I :frrC".0 POLC:Y SNISI:(IN :ATE: MM GD'V DATE Iid:I'NHV'. 1.0/24/FJE ALL LIMITS IN THOUSANDS GENERAL AGGREGF'_ PHCLULI:-:CMP'OPS ACGPEGT ?ERSC'.AI A ACYPRTIS:ND •. URe EA;W CCEHRDENCE f oc DnI1 t it : ANY CNE V F,', Chi E+:PSSE lav h.t RFzR,G i 1.01/24/8q., 01/01/0 1/01/90 DESCRiPTiON OF OPERATIONS/LOCATIONS: VEHICLES :RESTRICT:E NS:SPEECI.AL ITEMS Tc $ $ $ 'NIPS!'" Y OAN/:GE =.G„ .000PRFICIF 10Q1 Farr AD6IDEN': .a100 A'SEA.S:.PGLCY L"AITI 102LDISEAa.EAcH e'.xo.nt: UNIVERSITY :Cif: ARKANSAS CITY OF FAYETTEVILLE, AR 240 NORTH BLOCK STREET FAYEETTEVILLE.,, Aly SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ex PIRATION • DATE THEREOF. THE ;SSUING COMPANY WILL ENDEAVOR TO MAIL 1 Qj DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS.AGENTS OR REPRESENTATIVES. AUTHORIZE: REPfESENTATIVE 11:r11.0] . i•XX*1:111.111;i1IC:11:0.1 TOTRL P.02 l 1 •cERTIrIcATE NO. 881021939 AMERICAN SAFETY RISK RETENTION GROUP. INC, P. O. BOX 1111 • ATLANTA, GEORGIA 30371 • (404) 586-0000 ISSUE DATE (IMM,DOm) 02/16/89 INSURED PROJECT INFORMATION: THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS A CERTIFICATE DOES NOT AMEND, EXTEND. OR ALTER THE COVER - Contract No. AGE AFFORDED BY THE POLICIES BELOW. Project Name UNIVERSITY OF ARKANSAS/FAYETTEVILLE Description 240 NORTH BLOCK STREET FAYETTEVILLE, AR INSURED: Mechanical Insulation Systems, Inc. P. 0. Box 2208 417 West Mitt Springfield, MO 65801 TOTAL CONTRACT AMOUNT: $ �•I.1F1 �:�et;N THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLIICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE I POLICY i roLCY POLICY NUMBER EFFECTIVE DATE ExPIRAPOx DATE LIABILITY LIMITS COMMERCIAL GENERAL FORM YYI IMMrDOmI IMunD- PREMISESIOPERATIONS COMPLETED OPERATIONS I F EACH PERSONAL CGL 88-009 03/31/88 03/31/891 $ 1,000,000 OCCURRENCE �j INJURY _ $ 2.000,000 AGGREGATE CONTRACTUAL PROPERTY DAMAGE _ _-1�-_______ _-.______,.. ® ADDITIONAL COMMENTS: - PRODUCTS - ® ASBESTOS ABATEMENT AMENDS CERT #881021750 -CONTRACT AMOUNT $17,950-00- ADDL INSURED -MIDWEST MATERIALS;MOTT MOBLEY MCGOWAN FORM OF COVERAGE I &GRIFFIN;U OF AR/FAYETTEVILLE;CITY OF FAYETTEVILLE OCCURRENCE DESCRIPTION OF OPERATlONS,PECIAL ITEMS This cen6cate I$ issued solely will respect to the referenced project and is nor applicable to any project not specified on an insurance cenilicale issued by American Safely Risk Retention Group, Inc. The recipient of the certificate has the oblation to verity coverages lot the Named Insured and Additional Insureds. The premium payable by the Insured is determined by rM Contracn Amount shown above. Failure of the Insured or the recipient of this cerliicale to noty American Safety Risk Retention Group. Inc. ether of any inaccuracy or dscrepancy in the Contract Amount. or any suoseoueni increase in said Contract Amount, exceeding five (5%) percent, shall result in forfeiture of all rights to coverage under the policy shown above. For maintenance, lime and materiator continuing contracts having no original aggregate Contract Amount, the Insured must provide to American Safety Risk Retention Group. Inc. a copy of all work orders, invoices, heleases or other evidence of work oedormed. orb be performed, including the Contract Amount thereof, and make payment of all applicable premiums with respect to same. Failure of the Insured to properly report all such work, and pay all applcable premiums therefor, shall result in fonenure of all rights to coverage under the policy shown above. Coverage under the policy shown above is cordnioned upon the Insureds compliance whh safety Guidelines issued by American Safely Risk Retention Group Inc. which forma can of tae policy.' American Safety Risk Retention Group, Inc reserves the right to require inspectors of the Insureds performance on the project shown above and on other projects being oe corned by the insured. and failure of the Insured. or any recpienl of a cenAoate of insurance, to permit such inspections shall resun in lodeture of all rights to coverage under the policy. Subject tome foregoing and all terms. ccnc::rons and exckrsocs ci the policy, including exclusions Ion environmental impairment and processional errors and omissions, the policy extends coverage ho the Named Insured for certain activities uncenaken in connection wen asbestos abalement contracts. The terms, exclusion and conditions of the policy govern the extent of coverage. 1141 :AII�Ill1�:[•14614 UNIVERSITY OF ARKANSAS CITY OF FAYETTEVILLE ARKANSAS 240 NORTH BLOCK STREET FAYETTEVILLE, AR ATTN: ALAN R. GERKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAll3 NAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA- TION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REP- RESENTATIVES. AUTHORIZED REPRESENTATIVE: / ! / // -_w._ JOHNSON d HIGGINS OF GEORGIA, INC. y,ro, O zW�•• ns Y C 9 m Z 0 z z tO O y n c1 M m O tY" t[C.� y"Z Z C yO W a O H y p O • 7 O M H z • C V Z •y H C M • 0 O w C nHln sru C o t O Y• ow Grtg f C C do to fD I c tT I C I ar am n Y•rl r n l-+ '-• r+ o t *7 3 C SD 'Crt CD m ❑ 7 r rn YIP* -Di , _ pi tn C 0o m v l n cn a a 14 Y. M H 0 5 'C flu � u 0 n N 0 O O 1I a a UI m a a ro 'C K 0 C N N N H O 9 •a • N •ae ac N H o m z 0 r J 0] Ga D t0 N U' IT N Cl, o m -4 m • 0 . 0 . 0 O O O I" 1 a O C • N N. O rrn n 00 CD. N m N rt W OD rt 03 n O W U O H N F+ I N I 1 O 0•' ae ko a .a O lft t0 OW O N N fA m O r n 0 z m z z 0 0 W n n rt r C Y• Y• m ID m o n tti a r H Z C C H a a m ro C a PSI W K £ 9 t m O o m m y H flC Ca 9 C CZ H tL Iti - 0 Cl, 0 H A O W YI •o Z 2 (11 OD oD H h7 o o 0 z m z H. In 4 C O N It It ItY• Z M • N °• o rtr rt rt 0 fD a Nil M C (D • C O Pa IC Division. and Title. Pages A Advertisement . A.1 .Only B Informatics for Bidders B,1 - B.5 C Bid Form. C.1 - C.2 D Arkansas Statutory :?erformance & D.1 - D.2 PEp gqcy�� 1 _ MM r Mon Plan No 1360 yi MOBIEY ¢ McGOWAN V) lvi & GRIFFIN, t?ate . 1 141818 PA Mott Mobley McGowan & Griffin: ,Architects 4q cro e 302 North Sixth Street Fort Smith, Arkansas 72901 rcartsP Set No. ' F Advertisement Page A.1 I. ADVERTISEMENT FOR BIDS ASBESTOS ABATEMENT PROJECT ' FOR WALTON ARTS CENTER FAYETTEVILLE, ARKANSAS Sealed bids for removal of�asbestos from four buildings to be demolish- ed for the Walton Arts Center, Fayetteville, Arkansas, will be received by the University of Arkarsas/City of Fayetteville Arts Center Council at Room 326 of the Citp Administration Building in Fayetteville, Arkansas until 2:00 o'clock p.m., December 28, 1988, and then will be publicly opened and read aloud. The Information for Bidders, Bid Form, Specifications and other contract documents may be examined in the offices of: Mott Mobley Mc3owan & Griffin, P.A., Architects 302 North Sixth Street, Fort Smith, Arkansas Occupational Safety & Health Consultants, Inc. 208 North Armstrong, Bixby, Oklahoma Arts Center Council, Hathcock Building 240 North Bloc's Avenue, Fayetteville, Arkansas and in the following Plan Rooms: F. W. Dodge Co., 1100 9. University Ave., Little Rock, Arkansas Dodge/Scan, 5700 Broadmoor, Mission, Kansas Contractors may obtain copies of the Specifications and other documents from the offices of the Ar:hitect without cost. The Owner reserves the right to waive any informalities and to reject any or all bids. ' Bidder must deposit with his bid security in the amount of 5% of the bid total. Security to b'? in the form and subject to the conditions provided in the Informations for Bidders. All Bidders must conform to the requirements of the Arkansas State ' Licensing Law for General 'Contractors and must be accredited asbestos abatement contractors licensed by the State of Arkansas. No Bidder may withdraw his bid within 30 days after the actual date of ' the opening thereof. Dr. Lloyd Seaton, Jr., Chairman UofA/City of Fayetteville U. Arts Center Countil Fayetteville, Arkansas ' N -1369B- Information for Bidders Page BA • B. INFORMATION FOR BIDDERS ' 1. `ADDENDA AND INTERPRETATIONS. a. No interpretation of the mean— ing of the Specifications or other documents will be made orally to any Bidder. ' b. Every request- for interpretation shall be addressed to the Architects, 'and to be given consideration must be received at least ' five days prior to date fixed for opening of bids. Interpretations and supplemental instructions will be in the form of written addenda to the Specifications, and will be delivered or mailed to prospective bidders ' prior to date fixed for opening of bids. Addenda so issued shall become part of the contract documents and Bidders shall acknowledge receipt of same on the bid form. ' 2. RECEIPT AND OPENING OF BIDS, a. Bids will be received, opened and read as set forth in the Advertisement for rids. 'b. The Owner may consider informal any bid not prepared and sub- mitted in accordance with provisions hereof and may waive any informal- ities and reject any and all bids. Bids may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. Any bid received after time and date specified will not be considered and will be returned unopened. No Bidder may withdraw.a bid within 30 days after actual date of the opening thereof. 3. PREPARATION OF BID. a. Bids must be submitted on forms furnish- ed by the Architect, and must be submitted in a sealed envelope bearing Ion the outside the name of the Bidder and the name of the project for which the bid is submitted. If forwarded by mail, the envelope con- taining the bid must be enclosed in another envelope addressed. to: ' Mr. Bill Mitchell, Director Arts Center Council P.O. Box 4223 I. Fayetteville, Arkansas 72202-4223 b. Any Bidder may modify his bid by telegraphic communication ' provided the communication is received by Owner prior to scheduled time for receiving bids, and does not reveal the original bid price. 4. COMPLIANCE WITH STATE LAWS, a. Proposals must be submitted in compliance with requirements of Act 150 of 1965 of the General Assembly of the State of Arkansas, the Arkansas State Licensing Law for Contrac- tors. Bidders must submit evidence of having a contractor's license before their bids will be accepted. b. Proposals must also be submitted in compliance with the requirements of Act 159 of 1949 of the General Assembly of the State of Arkansas, as amended. I -1369B- Information for Bidders Page B.2 5. METHOD OF BIDDING. The Owner intends to award a single contract including all work to be done. 6. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Bidder must agree to commence work on or before a date to be specified in the Contract, and to complete the work within the time proposed by the Bidder in the bid form and must agree also to pay as liquidated damages the sum specified in the SUPPLEMENTARY CONDITIONS for each consecutive calendar day thereafter, until work is completed. 7. BID SECURITY. Bid must be accompanied by a certified check of the Bidder, or a bid bond prepared on a form acceptable to Owner, duly executed by Bidder as principal and having as surety thereon a surety company which is duly authorized to transact business in the State of Arkansas. Bid security shall be in the amount of 5% of the sum total of bid submitted. Such checks or bid bonds will be returned to all except the three lowest bidders within three days after opening of bids and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted Bidder have executed the Contract, or, if no award has been made within 30 days after the date of opening of bids, upon demand of the Bidder at any time thereafter, so long as he has not been notified of acceptance of his bid. 8. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT. The suc- cessful Bidder, upon his failure or refusal to execute and deliver the required Contract and bonds within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for the delay and additional work caused thereby, the security deposited with his bid. 9. OBLIGATION OF BIDDER, a. A thorough walk-through of the four buildings from which asbestos is to be removed will be conducted on Wednesday, December 21, 1988 at 2:00 p.m. All interested parties are to meet at that time at the Arts Center Council offices, top floor of the Hathcock Building, 240 North Block, Fayetteville, Arkansas. b. At the time of opening of bids each Bidder will be presumed to have inspected the site, the buildings from which asbestos is to be removed, the means of access and transportation required, the location of existing construction which may interfere with or be damaged by his work, to have determined the availability of a suitable landfill, and to have read and to be thoroughly familiar with the Specifications, bidding documents and contract documents, including all Addenda. The failure of any Bidder to examine any form, instrument or document, or to inform himself of conditions relating to the construction of the project, shall in no way relieve any Bidder from any obligation in respect to his bid. 10. ASBESTOS ABATEMENT PLAN, a. Each Bidder shall submit an asbestos abatement plan explaining procedures for successful completion -1369B- I. Information for Bidders Page B.3 ' of existing construction which may interfere with or be damaged by his work, and to have read and to be thoroughly familiar with the Drawings, Specifications, bidding documents and contract documents, including all Addenda. The failure of any Bidder to examine any form, instrument or document, or to inform himself of conditions relating to the construc- t tion of the project, shall in no way relieve any Bidder from any obligation in respect to his bid. Iii. QUALIFICATIONS OF BIDDER. a. The Owner may make such investiga- tions as deemed necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. Ib. Bidders to whom award of a Contract is under consideration shall submit to the Architect, if requested, the following: ' (1) Accreditation: Bidder must be an accredited asbestos abatement contractor licensed with the State of Arkansas Department of Pollution Control, or Department of Labor, and must submit evidence of that accreditation. (2) Experience: Submit the name and location of at least ' two successfully completed asbestos abatement projects with the name and telephone number of purchaser of abatement services, and the final decontamination levels achieved. (3) Personnel - Superintendent and Foreman. Show evidence of the; following: ' (a) That they are licensed through the State of Arkansas Department of Labor, and that they have participated in and successfully completed an accredited training course by an EPA endorsed tinstitution. (b) Experience with abatement work as evidenced through ' partitipation in at least two asbestos abatement projects. (c) Medical records. (4) Personnel - Workmen. Show evidence of the following: (a) Training as evidenced by the participation and successful completion of an in-house training course given by a quali- fied superintendent on respiratory protection and the standardoperat- ing procedures for asbestos abatement work. (b) Skills and experience with all phases of abatement work as evidenced.through participation in at least two asbestos abate- ment projects. -1369B- Information for Bidders Page B.4 (c) Medical records. c. The Owner reserves the right to reject any bid if the evi- dence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 12. FORM OF CONTRACT. The Contract will be prepared on the Abbrev- iated Form of Agreement Between Owner and Contractor for construction projects of limited scope where the basis of payment is a stipulated sum, as issued by the American Institute of Architects, AIA Document A107, 1987 Edition. Copies of this form may be obtained from the Architects. 13. SECURITY FOR FAITHFUL PERFORMANCE. a. Simultaneously with his delivery of the executed Contract, Contractor shall furnish a surety bond in the amount One Hundred Percent (100%) of the amount of the Contract as security for faithful performance of this Contract and for payment of all persons performing labor and furnishing materials in connection with this Contract. Bond shall conform to the requirements of Act 351 of 1953 of the Arkansas Legislature, as amended. A copy of the form is included, as pages D.1 and D.2. b. Surety on such bond shall be a surety company which is duly authorized to transact business in the State of Arkansas. Arkansas Statutes 14-605 requires that bonds be executed by a resident local Arkansas agent who shall be entitled to full commission paid local agents and who has the authority to represent the surety company. The mere countersigning of the bond by a resident local agent will not be sufficient. 14. POWER OF ATTORNEY. Attorneys -in -fact who sign bonds must file with each bond a certified and effectively dated copy of their power of attorney. 15. OTHER ARKANSAS LAWS. Bidder's attention is directed to the following Arkansas Laws which are pertinent to the proposed project: a. Act 487 of 1949, as amended, "The Arkansas Compensating Three Per Cent Tax of 1949." b. Act 125 of 1965, which provides a procedure for collection of Use Taxes from Contractors. c. Act 102 of 1977 which gives a 3% preference to contractors who have done work and paid taxes in Arkansas as required by the act. -1369B- Information for Bidders Page 8.5 4. Act 370 of 1977 which allows for downward negotiation with the apparent low bidder if the low bid is within 20% of the amount ' appropriated for award of contract. * * * * * 1 1 I. 1 1 1 1 -1369B- 1 n L-i Corm rage \..1 ASBESTOS ABATEMENT PROJECT for WALTON ARTS CENTER. FAYETTEVILLE, ARKANSAS To -the: UNIVERSITY OF ARKANSAS/CITY OF FAYETTEVILLE ARTS CENTER COUNCIL FAYETTEVILLE, ARKANSAS The bidder, having examined the Information for Bidders, Specifications and related documents for removal of asbestos from four buildings to be demolished on the property which will be the site of the Walton Arts Center, Fayetteville, Arkansas, and having examined the site, and being familiar with all of the conditions surrounding the proposed project, including the availability of materials and labor, hereby proposes to i✓' furnish all labor, materials and supplies, and to accomplish the • project in accordance with the Contract Documents at the prices stated • below. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence Work under this Contract on or before a date, to be specified in the Contract and to substantially complete all Work within consecutive calendar days and further agrees to pay as liquidated damages, the sum of $75.00 for each successive , calendar day thereafter as specified in the SUPPLEMENTARY CONDITIONS Section of the Specifications until the Work is completed. Bidder acknowledges receipt of the following Addendum: BASE PROPOSAL: Bidder agrees to perform all Work called for the SCOPE OF CONTRACTS Section of the Specifications for the sum of: (S ). The asbestos abatement plan required by Paragraph. 10 of the INFORMATION FOR BIDDERS is attached hereto. ' Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. -1369B- FT Upon receipt of notice of the acceptance of this bid, Bidder will execute the formal Contract and will, within 10 days, deliver a surety bond or bonds in the form prescribed in Section D of the Specifications as required by Paragraph 13 of the INFORMATION FOR BIDDERS. The bid security attached in the sum of 5% of the amount of bid, or Dollars ($ ), is to become the pro- perty of the Owner in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional work caused thereby. (SEAL - if by corporation) Respectfully submitted, Business Address Bidder 1988 By Title -1369B- License No. Arkansas Statutory Performance and Payment Bond Page D.l ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND II We as Principal, hereinafter called Principal, and as Surety, hereinafter called Surety, are held and firmly bound unto I. as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 1 THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify ' and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in ' making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ' No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after twelve months from the date final payment is made on the Contract, except by the Owner. I -1369B- Arkansas Statutory Performance and Payment Bond Page 0.2 Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any exten- sion of time for the performance of the Contract, or any other fore- bearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, personal representatives, succes- sors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forebearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This Bond is executed pursuant to the terms of Act 351 of 1953 of the Arkansas Legislature, as amended by Act 209 of 1957 of the Arkansas Legislature. Executed on this day of , 19 . Principal z Surety By Attorney -in -fact -1369B- GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and .a Subcontractor or Sub -subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 - Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be perforrited. 7.4 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 8.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill, and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go .into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- forming portions of the Work under a contract with the Contractor. AIA DOCUMENT At 07• ABBREVIATED OWNER- CONTRACTOR AGREEMENT• NINTH EDITION • AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 6 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of idemnity which would otherwise exist as to a party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check quality or quantity of the Work. On the basis of on - site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9.1 and 16.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- tract Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Docu- ments on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contrac- tor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other deci- sions of the Architect, except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbi- tration Association currently in effect unless the parties mutu- ally agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10.5. Notice of the demand for arbitration shall be filed in writ- ing with the other party to this Agreement and with the Ameri- can Arbitration Association and shall be made within a reason- able time after the dispute has arisen. The award rendered by ALA DOCUMENT A107•ABBREVIATED OWNER CONTRACTOR AGREEMENT • NINTH EDITION• AIA• •©19X7 7 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW.. WASHINGTON. D.C. 20006 I I I I I I Ii I I I I I I ii Ti the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by con- solidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of factor law, (2) the presence of such per- son or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Con- tracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contrac- tor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided else- where in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents. 12.3 Costs caused by delays, improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modi- fications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rea- sonable time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for the unpaid bal- ance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid bal- ance would not be adequate to cover actual or liquidated dam- ages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, mate- rials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such AIA DOCUMENT Al 07 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW., WASHINGTON. D.C. 20006 A107-1987 8 lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien. including all costs and reasonable attorneysfees. 15.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identi- fied by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Con- tractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to. .1 employees on the Work and other persons who may he affected thereby; .2 the Work and materials and equipment to be incor- porated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may he liable and for which the Contractor is responsible under Subpara- graphs 16.1.2 and 16.1.3, except for damage or loss attributable t) acts or omissions of the Owner or Architect or by anyone for whose acts either of them may he liable, and not attributable to the fault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in addition to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not he required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are applic- able, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations he by the Contractor or by a Subcontractor or any- one directly or indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall he on an all- risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without dupli- cation of coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall he adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Con- tractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described in Article 12, if any, and any of their subcon- tractors, sub -subcontractors, agents and employees, for dam- ages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as fiduciary. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcon- tractors and Sub -subcontractors. The Owner shall require simi- lar waivers in favor of the Owner and Contractor by the Archi tect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub _subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to he not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Com- AIA DOCUMENT A107•ABBREVIATEDOWNER-CONTRA(: I ORAGRFEAIENT• NINTH EDIIION•AIAS •1919$' 9 A107-1987 "IIIE AMERICAN INSTrrtllE OF ARCHITECTS. I'}S NEW YORK .AVENUE, Nay, w'ASHINGTON. DC. 2IK* , Y pletion of the Contract or by terms of an applicable special war- ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- ments. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obliga- tion of the Contractor to correct the Work, and has no relation- ship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and the Contractor, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accred: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certifi- cate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Com- pletion and prior to issuance of the final Certificate for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occur- ring after the date of the final Certificate for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Con- tractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for proven loss with respect to materials, equipment, tools, and construc- tion equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENT A107• ABBREVIATED OWNER -CONTRACTOR AGREEMENT• NINTH EDITION • AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(O06 A107-1987 10 I, ' Supplementary Conditions Page F.1 F. SUPPLEMENTARY CONDITIONS 1. CONFLICTS WITH GENERAL CONDITIONS, a. The following supplements modify, change, delete from or add to the General Conditions which are a part of the Abbreviated Form of Agreement Between Owner and Contrac- tor, t AIA Document A107, 1987 Edition. Where any Article of the General Conditions is modified or any Section, Paragraph, or Subparagraph thereof is modified or deleted by these supplements, the unaltered I. provisions of that Article, Section, Paragraph, or Subparagraph shall remain in effect. ' b. Where provisions of the General Conditions relate in general to the :work of the Contractor and Subcontractors, these Paragraphs are •modified in Section 01000 "General Requirements" of the Specifications. ' 2. CONTRACT TIME. a. The Contract Time is defined in Article 14 of the GENERAL CONDITIONS. ' b. The Contractor. shall commence Work under the Contract on or before the date specified in the Contract and shall substantially complete all Work within the number of consecutive calendar days thereafter that was proposed by him on the bid form. c. If the Contractor fails to complete the Work within this time, or any agreed extension thereof, he shall pay to the Owner as ' liquidated damages, fixed and agreed, and not as a penalty, the sum of Seventy -Five Dollars ($75) for each such calendar day of delay of the Work which sum shall be withheld by the Owner from payments due to be ' made tothe Contractor by the Owner under the terms of the Contract. d. The Contractor shall increase his forces, work overtime, ' double shifts, or take other measures necessary in order to protect the Work or to substantially complete the Work within the established time limit. ' 3. DELAYS AND EXTENSIONS OF TIME. a. Paragraph 14.3 of the GENERAL CONDITIONS is hereby supplemented by the following paragraph: ' "No extension of time for completion of the Work will be granted on account of adverse weather conditions during the contract time." 4. PAYMENT. a. On or about the tenth day of each month the owner will make progress payments on account of the Contract Sum to the Contractor in the amount of ninety percent. of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and one hundred percent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by 1 -1369B- ' Supplementary Conditions Page F.2 the parties, up to the first day of that month, less the aggregate of previous payments in each case. All sums withheld by the Owner will be held in escrow. b. Act 813 of 1977 allows a maximum processing time for the Contractor's payment request. The Architect is allowed five (5) work- ing days; the Owner is allowed five (5) working days; Arkansas State Building Services is allowed two (2) working days; and the Department of Finance and Administration is allowed five (5) working days. Trans- mittal times are not included in the processing. The failure of any of the above to complete processing within the time allowed can result in a penalty being assessed against the responsible agency. c. At any time after fifty completed, if the Architect finds made, and with written consent o payments will be made in full and tion will be increased from ninety (95%). percent (50%) of the Work has been that satisfactory progress is being f the Surety, the remaining partial the payment upon Substantial Comple- percent (90%) to ninety-five percent d. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor within thirty (30) days after Substantial Completion of the Work unless other- wise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, Contract fully performed, and Final Certificate for Payment has been issued by the Architect. 5. CONTRACTOR'S INSURANCE. a. Refer to Paragraph 17.1 GENERAL CONDITIONS. In the first line following the word "maintain", insert the words "in a company or companies licensed to do business in the State of Arkansas". b. The Contractor shall maintain insurance and shall file certi- ficates of insurance with the Owner as required by Paragraph 17.1 of the GENERAL CONDITIONS. The limits of liability of such insurance shall be not less than the following: (1) Workmen's Compensation and Employers' Liability: Workmen's Compensation - as required by the State of Arkansas. Employer's Liability - $100,000 each accident. (2) Contractor's Liability, written on Comprehensive General Liability form: Insuring (a) premises and operations, (b) independent contractors, (c) completed operations and products, (d) contractual liability, (e) explosion and collapse hazard, (f) underground hazard, and (g) broad form property damage, with limits not less than: -1369B- Supplementary Conditions Page F.3 Bodily Injury - $500,000 each occurrence, $500,000 annual aggregate. Personal Injury - $500,000 each person aggregate, $500,000 general aggregate. Property Damage - $100,000 each occurrence, $200,000 aggregate. (3) Comprehensive Automobile Liability: Insuring owned, non -owned and hired vehicles, with limits not less than: Bodily Injury - $500,000 each person, $500,000 each accident. Property Damage - $500,000 each occurrence. c. Failure to file certificates, or acceptance by the Owner or Architect of certificates of insurance which do not indicate the speci- fied coverage shall in no way relieve the Contractor of his responsi- bility for maintaining insurance as specified above. 6. OWNER'S LIABILITY INSURANCE. a. Paragraph 17.2. of the GENERAL CONDITIONS is hereby revised to read as follows: The Contractor shall take out, in the Owner's name, a separate Owner's and Contractor's Protective Liability Insurance policy having the same coverage as the Contractor is required to carry and with limits not less than $100,000 per person and $500,000 aggregate. Said policy shall protect the Owner from his contin- gent liability to others for damages which may arise from opera- tions under this Contract. b. The Architect shall be covered in the same manner as an additional named insured, by endorsement to the Owner's and Contrac- tor's Protective Liability Insurance policy. 7. OVERHEAD AND PROFIT. For the purposes of this Contract a reason- able allowance for overhead and profit as defined in paragraph 13.1 shall be a total of fifteen percent (15%). 8. MATERIAL AND DESIGNATIONS AND SUBSTITUTIONS. A. Where a mater- ial is mentioned in the Specifications by trade name or manufacturer's name, the same is not a preference for said material, but the intention of using said name is to establish a type or quality of material. Material of other trade names or of other manufacturers, which is the equivalent or better in type or quality, will be accepted by the Architect. ' -1369A- 1' Supplementary Conditions Page F.4 1 b. Within 30 days after award of the Contract the Contractor shall submit in writing to the Architect a list of all materials which he proposes to substitute for materials specified. This list shall be accompanied by such technical data as the Architect may need to compare the proposed material with the specified material. No substitutions shall be made until written permission is given by the Architect. , c. Should a substitution be permitted and should the substitute material prove defective or otherwise unsatisfactory for the intended service, and within the guaranty period, Contractor shall replace this material or equipment with the material or equipment specified by name. -1369S- 1 1 1 1 I I II I Scope of Work Page C.1 G. SCOPE OF WORK PART 1 — GENERAL: 1.01 — Work covered by contract documents/requirements incurred: A. Asbestos abatement projects will be conducted within four separate buildings located one the new Fayetteville Arts Center Council property (see attached diagram), Fayetteville, Arkansas. The purpose of these asbestos removal procedures is to ensure that asbestos containing materials will not interfere with planned demolil-ion of these buildings by a ' separatecontractor, as retaiied by the Arts Center Council. B. An asbestos "bulk" analysis s'rvey has been completed within all buildings on this city bl'bck, in order to ascertain the ' presence of asbestos containing materials (ACM's). Asbestos containing materials have beef identified within four of these buildings as specified below:I ' 1.' The Nearly Famous 3uilding II ph 2. The Shook Residence 3. The St. John's Alternative Building 4. The Lazenby Buildi ng C. Asbestos abatement will be accomplished in order to ensure ' proper compliance with local,E state, and federal regulations regarding asbestos removal. ' D. It is anticipated that the entire asbestos abatement project will be conducted at one time E. Bidding will include all abatement costs for preparation, removal, final clean-up, and isposalfor the entire removal projects of these four specif ed buildings. Award of the contract will be determined s$lely from bids reflecting ENTIRE ' PROJECT COSTS FOR ALL FOUR BUILDINGS.. Remove all ACM's from premise: in accordance with Environmental 'Protection Agency (EPA), Occupational Safety and Health Act (OSHA), the Department of Transportation (DOT), and Arkansas State Department of Pollution. Control Regulations, to an ' approved landfill for the disposal of ACM's. F. Sketches of the entire city block, with the buildings as specified, are included with This Scope of Work to assist each Bidder in identifying the buildings where asbestos removal will take place. 1 -1369B Scope of Work Page 0.2 1.02 - Contracts: ' A. Remove all asbestos from all buildings described under the lump sum fixed price contract. 1.03 - WORK SEQUENCE: A. Conduct work within the four buildings, as designated in this Scope of Work, for the removal of all asbestos containing materials. Once asbestos removal has been completed within the designated buildings, these buildings will be demolished under separate contract. B. Schedule a meeting with Mott Mobley McGowan & Griffin, the retained architectural firm of the Arts Center Council, and Occupational Safety and Health Consultants, the retained certified industrial hygiene firm, to establish appropriate work sequences and schedules. 1.04 - Contractors Use of Premise: A. Contractor is to assume full responsibility for the protection and safekeeping of products (equipment, materials, etc.) under this contract, stored on site. B. Move any stored products under contractor's control, which interfere with owner operations. C. Obtain and pay for the use of additional storage for work areas needed for operations. 1.05 - Owner Occupancy: A. All buildings where asbestos abatement procedures will take ' place, except for St. John's Alternative Building, are now vacant and therefore provide easy access to the abatement contractor. B. The St. John's Alternative Building will be available to the abatement contractor only from the hours of 8:00 a.m. until 1:00 p.m. each day. 1.06 - Owner Furnished Products/Facilities: A. Products furnished and paid for by the Owner: 1. Space for parking by contractor personnel. 2. Space for parking and storing a reasonable amount of contractor material. 3. Space for installation of necessary decontamination unit (showers, clean rooms, etc). -1369B- , Scope of Work Page G.3 4. Availability of hot and cold water on premise. 5. Available electrical power on premise. - B. Contractor's. Responsibilities: 1. All supervisors, laborers, etc. , for the complete asbestos abatement project. 2. All materials for preparation, removal, cleanup, and disposal of all ACM's andNrelated materials. 3. Receive and unload products shipped to the contractor at this site. 4. Handle products at the site, shipped to contractor including uncrating and storage. -5. Protect products shipped bo the contractor from exposure to elements or damage. 6. Perform all hot and cold water hook-ups necessary for the asbestos abatement project,, including the furnishing of necessary materials and labor. 7. Perform all electrical hook-ups necessary for the asbestos abatement project, includiing all labor and materials. -1369E Scope of Work Page G.4 I 1.07 - JOB DESCRIPTION: Buildings 1, 2, 3 and 4: 1. Asbestos containing material has been identified within the Shook Residence, located on the east center part of the city block. Asbestos containing material was identified within the siding on the residence, (see attached analysis report) within a sewer drain pipe located on the interior of the residence, and within the vinyl kitchen floor surface located within the kitchen. Estimated Amounts of Material: The siding was found to contain approximately 30% chrysotile asbestos. This siding material is transite (cementitious) material and appears to have been installed with nails. There is approximately 2,000 square feet of transite material located on the side of this residence. 2. The sewer drain pipe, located within the interior of the residence, appears to be approximately 20 feet long. Some demolition will be required to remove this pipe from the residence. However, no special precautions will be required to remove this asbestos containing material, due to the fact that this building will be demolished. There is approximately 150 square feet of vinyl floor covering located within the kitchen area of the Shook Residence. The backing of this vinyl covering was found to contain approximately 2% asbestos containing material. Asbestos containing material was identified within the Nearly Famous Building, located at the north end of the city block. This asbestos containing material was identified within the paint spray -on insulation found within the lobby and the reception area. It is estimated that there is approximately 400-500 square feet of asbestos material within this building. 5. Asbestos material was also identified within the Lazenby Building, located at the northwest corner of the city block. The only asbestos material identified was contained on a water pipe, approximately 6 linear feet, within a small restroom on the first floor. 11 -1369B- '• - Scope of Work Page G.5 I I I 11 I F I I I I I I 6. Asbestos floor covering floor tiles located wit Alternative Building lo of the city block. The square feet of floor ti containing material in NOTE: Contractors . Due to the fact buildings will be demolished, once t been completed, it is the responsibi abatement contractor, bidding on thi itself of the amount of asbestos mat Additionally, all asbestos containin removed from the premise, prior to a place. All of the buildings that cc within this city block are now vacan accessible to the asbestos contracto has occurred due to transient use of this transient problem must be consi security during the asbestos abateme Fayetteville Arts Center Council has of Occupational Safety and Health Co industrial hygiene firm, to oversee industrial hygiene services for a sa professional asbestos abatement proj Safety and Health Consultants will c necessary 'air monitoring required fo project, to include final clearance laboratory analytical results will b asbestos abatement contractor. Due to the fact that these buildings the asbestos removal has been comple abatement contractor is not required potentially salvageable items from a Any salvageable items, which the asb contractor would like to retain for the discretion of the successful asb Also, certain regulations with regar will be relaxed, due to the fact tha demolished. However, all steps will no accidental release of asbestos fi environment. Therefore, the attache this scope of work, will serve as th the asbestos abatement project. Any this scope of work,, must be discusse retained certified industrial hygien was identified within in the St. John's ated on the west center e is approximately 200 e with asbestos his building. that all of these e asbestos removal has ity of the asbestos project, to ensure rial to be removed. materials must be y demolition taking tain asbestos material and therefore easily However, some damage these buildings, and ered as a part of the t project. The retained the services sultants, a certified nd conduct the necessary e, complete, and ct. Occupational nduct all of -the the duration' of this esting. Copies of all provided to the will be demolished, once :ed, the asbestos to maintain any ty of these buildings. astos abatement us personal use, is at :stos abatement bidder. Is to asbestos removal, these buildings will be be taken to ensure that )ers occurs to the I job specifications, and governing authority for waivers, or changes to 1, in advance with the a firm. I -1369B- Scope of Work Page G.6 1.08 - Special Requirements 1. Due to the fact that most of these buildings are vacant, it will be the responsibility of the asbestos abatement contrac- tor to ensure maximum security for these buildings during the asbestos abatement project. It is the responsibility of all concerned to ensure that transients do not have access to these buildings during this asbestos abatement. The contrac- tor will be required to take whatever steps necessary to ensure that these buildings are off limits to any unauthorized personnel for the duration of the project. 2. Following removal of floor tile from the St. John's Alterna- tive Building, as specified, the Contractor shall install a covering over the area where floor tiles have been removed as specified in Section 02000, Asbestos Abatement. 3. Refer to the asbestos "bulk" survey, the attached specifica- tions, and scope of work, and the Arkansas Department of Pollution Control Regulations with regards to asbestos removal, in the formulation of bids. 4. All lights, smoke detectors, signage, etc., and any other miscellaneous items within the buildings to be demolished, must be decontaminated prior to removal from the location. It is the option of the asbestos abatement contractor to dispose of these items, if he so desires. 5. All amounts of asbestos containing materials within the four buildings have been provided by estimate only. It is the contractors responsibility to take whatever measurements nec- essary to satisfy his requirements for the proper bidding pro- cedures, and final bid preparation. -1369B- ' Scope of Work Page G.7 • OCCUPATIONAL SAFETY & HEALTH CONSULTANTS INDUSTRIAL HYGIENE ANALYSIS 208 N. ARMSTRONG LABORATORY ANALYSIS BULK ASBESTOS BIXBY. OK 74008 METHOD: POLORIZED LIGHT MICROSCOPY (918)366-4834 EPA-600/M4-82-020Ipec/82 CLIENT: Mott, Mobley, Mc. an & Griffin DATE RECEILD:IoJz,J2 VIA: P.A.: Architects JOB LOCATION:Shook Residence, FayetteviqJALYp ED: J o)2y J$� EPA 1 ABORATORY ID if 738.. Bui]din 41 '• LEA # SCHOOL # HOMO/SAMPLE # IDENTIFICATION I I RESULTS I ' #1 House Siding 30% Chrysotile #2 Pipe Insulation Sewer Drain 40% Chyrsotile #3 Plaster - Kitchen Negative #4 Vinyl Floor Mat Kitchen �1% Chrysotile #5 Plaster - Close -.1st Floor Negative #6 Ceiling Tile - 1LSt Floor Negative 1 #7 Tar Paper - Back Porch Negative #8 Floor Tile, Main Hallway Negative #9 Spray on Insulation - 2nd Floor Negative #10 Spray on Insulation - 2nd Floor Negative ' #11 Roof -'Carp. Sh1L1cs Negative i, . I -1369B- Scope of Work Page 0.8 OCCUPATIONAL SAFETY & HEALTH CONSULTANTS INDUSTRIAL HYGIENE ANALYSIS 208 N. ARMSTRONG LABORATORY ANALYSIS BULK ASBESTOS BIXBY. OK 74008 METHOD: POLORIZED LIGHT MICROSCOPY 19181366-4834 EPA -600/M4-82-020 Dec/82 V. CLIENT: Mott, Mobley, 1tcowan & DATE RECEIVED: Griffin P.A.: Architects JOB LOCATION: Nearly Famous Bldg. DATE ANALYZED: EPA LABOIATORY in 8 77,06 Fayetteville. AR Rlrlrg_ 4d LEA 0 SCHOOL. If HOMO/SAMPLE II IDENTIFICATION VIA: RESULTS #1 Floor Tile - 'Throughout Negative * #2 Paint - Ceiling - Lobby 2% Chyrsotile #3 Paper: Tar Attic Negative #4 Tar - Roof Negative -1369B- ' Scope of Work Page G.9 ' OCCUPATIONAL SAFETY & HEALTH CONSULTANTS INDUSTRIAL HYGIENE ANALYSIS 208 N. ARMSTRONG LABORATORY ANALYSIS BULK ISBESTOS 1 BIXDY. OK 74008 METHOD: POLORIZED LIGHT MICROSCOPY (918)366-4834 EPA -600/M4-82-020 dec/82 'p. CLIENT: Mott, Nbbley, McGowan & Griffin DATE RECEIVED: VIA: P.A.: Architects I 'Lazenby Bldg. JOB LOCATION: Fayetteville, AR DATE ANALYED: FPA LABORATORY ID 0_ 73Sfi. Building #5A & 5B 01st Floor & Basement) ILEA II SCHOOL IL HOMO/SAMPLE II IDENTIFICATION RESULTS 1 7% 5A #1 Pipe Insulation t Small Bathroom 40% Chrysotile ' 5A #2 Plaster & Papery oughout Negative 5A #3 Cloth on Walls Loughout Negative ' SA #4 Plaster & Paper Storage Roam Negative 5A #5 Wire Insulation - Few Areas Negative 5B #6 Basement - Brick Mortar Negative 5B #7 Basement Pipe Lagging Negative ' 5B #8 Ceiling Tile - B'asement Negative 1 i 1 s i ,1—1369B- Scope of Work Page G.10 , OCCUPATIONAL SAFETY & HEALTH CONSULTANTS INDUSTRIAL HYGIENE ANALYSIS 208 N ARMSTRONG LABORATORY ANALYSIS BULK ASBESTOS BIXBY, OK 74008 METHOD: POLORIZED LIGHT MICROSCOPY (918)366-4834 EPA -600/M4-82-020 Dec/82 CLIENT:Mott, Mobley, McGowan & Griffin DATE RECEIVED: P.A.: Architects JOB LOCATION: St. John's Alternative DATE ANALYZED: EPA LABORATORY Iblyt i 1e, AR Building #8 LEA # SCHOOL 0 HOMO/SAMPLE II IDENTIFICATION #1 Floor Tile 9" x 9" Kitchen #2 Floor Mastic Kitchen #3 Black Tar Behind Paneling - 2nd Floor #4 Building Plaster & Paint VIA: RESULTS 5% Ch ysotile Negative Negative Negative I 1 I 1 1 1 -1369B- BAD LASmA C)t& & C I IQ I BLDG sfteXr BLDG t\ w.irAIJ Mna Fhq • r i' ILLI . Scope of Work B�D6- BLDG T4 OJOHN ' KELLI o � CARP-Sl5or' F�RTEZ' AtJTIQJEJ S 1aRAfrE O Swig c � gL® SS JDi.a 'S AL7cRtiAcy cJ +I tJ Shop BAG 9CA�U 1 LAZENBI Famous �DG &:DG SE\/ Shop cs)j _ ' - I rn�L.iarf]L't4eMt�5LLilll'�l.dW.�4LLf�uv..r..1u:i.[ u/L✓.wsi..+1R.iruLx•f1iud.::rn:iuLSazi.y tZGOR- V I s wt. *4. I 1 1 1 1 1 1 1 1 1 1 •1 1 Division 2 02000: Asbestos Abatement Page 1 ASBESTOS ABATEMENT SPECIFICATION INDEX PART 1 - GENERAL 1.1 DESCRIPTION 1.2 DIFFERING SITE CONDITION 1.3 AUTHORITY TO STOP WORK 1.4 QUALIFICATIONS 1.5 DEFINITIONS 1.6 PRE -CONSTRUCTION MEETING 1.7 PERSONNEL QUALIFICATIONS 1.8 AVAILABILITY OF TRAINED PERSONNEL 1.9 STANDARD OPERATING PROCEDURES 1.10 NOTIFICATIONS, PERMITS, WARNING SIGNS, LABELS AND POSTERS 1.11 SUBMITTALS DURING THE WORK 1.12 EMERGENCY PRECAUTIONS 1.13 RESPIRATORY CLOTHING 1.14 PROTECTIVE CLOTHING. 1.15 ENCLOSURES, SHOWERS AND TOILETS 1.16 PERSONNEL PROTECTION AND DECONTAMINATION 1.17 DISPOSAL. ACTIVITIES 1.18 EXPOSURE CONTROLS 1.19 SUBMITTALS 1.20 APPLICABLE PUBLICATIONS 1369B- Division 2 ' 02000: Asbestos Abatement Page 2 I ASBESTOS ABATEMENT SPECIFICATION INDEX PART 2 - PRODUCTS 2.1 MATERIALS 2.2 TOOLS AND EQUIPMENT PART 3 - EXECUTION 3.1 PRE -ASBESTOS ABATEMENT PREPARATIONS 3.2 UTILITIES 3.3 PREABATEMENT INSPECTION 3.4 NOTIFICATION OF AUTHORITIES 3.5 ASBESTOS REMOVAL 3.6 STRIPPING AND REMOVAL OF ACOUSTICAL PLASTER AND CEILING SYSTEMS 3.7 CLEANING AND FINAL DECONTAMINATION 3.8 MONITORING, TESTING AND INSPECTION 3.9 FINAL INSPECTION AND TESTING 3.10 FLOOR COVERING INSTALLATION -1369B- • Divison 2 02000: Asbestos Abatement Page 3 ' PART 1 - GENERAL: . 1.1 - DESCRIPTION: This section covers the furnishing of all I. labor, materials, facilities, equipment, services, employee training and testing, permits and agreements necessary to perform all work required for asbestos removal and encapsula- tion in accordance with these specifications, the EPA, OSHA, ' NIOSH and Arkansas State Department of Pollution Control reg- ulations, and any other applicable Federal, State and local government regulations. Whenever there is a conflict or overlap of the above references, the stringest provisions are applicable. ' A. Description of Work: Perform the work and provide the ser- vices as follows: 1. Preabatement preparations. ' 2. Preabatement inspection. 3. Work area preparation. 4. Worker training, respiratory protection and medical examination. 5. Packing, labeling, transporting and disposal of contaminated material. 6. Decontamination of work area for final inspection and testing. 7. Provide access, support and protection to all authorized inspectors. ' 1.2 - DIFFERING SITE CONDITIONS: It is the responsibility of the contractor to include all asbestos containing materials in the asbestos abatement bid for the building referred to in ' Scope of Work. 1.3. - AUTHORITY TO STOP WORK: The Architect has the authority to ' stop the abatement work at any time the Architect determines either personally, or through the services of the retained Certified Industrial Hygienist Consultant, that conditions ' are not within the specifications and applicable regulations. • The stoppage of work shall continue until conditions have been corrected and corrective steps have been taken to the ' satisfaction of the Architect, and standby time required to resolve violations shall be at the Contractor's expense. 1 -1369B- _1. Division 2 02000: Asbestos Abatement Page 4 1.5 DEFINITIONS: A. All terms not defined shall have the meaning given in the applicable publications and regulations. B. Authorized Visitors: Any visitor authorized by the Mott, Mobley, McGowan & Griffin, P.A. Architects designated/Project Manager or any repre- sentative of a regulatory agency, or other agency hav- ing jurisdiction over the project. 1.6 PRE -CONSTRUCTION MEETING: After the contract has been executed, the Mott, Mobley, McGowan & Griffin, P.A. Architects designated/Project Manager shall arrange for a Pre -Construction Meeting to be attended by the Mott, Mobley, McGowan & Griffin, P.A. Architects designated/Project Manager, the retained Certified Industrial Hygienist (CIH), the General Contractor if applicable, and the Asbestos Abatement Contractor. 1.7 PERSONNEL QUALIFICATIONS: All personnel of the Contractor involved with asbestos abatement work must be trained and tested prior to any work and shall be thoroughly familiar with the standard operating procedure of the Contractor for abatement work. All personnel shall undergo the medical examinations required by OSHA. The superintendent and the foreman shall be thoroughly familiar with all applicable regulations and practices for asbestos work and shall have participated in at least two abatement projects during the last year. All personnel shall be trained in the use and care of respirators and shall pass the respirator fit test. Anyone without the above qualifications shall not be allowed to work in the abatement area at any time. 1.8 AVAILABILITY OF TRAINED PERSONNEL: There shall be a sufficient number of trained and qualified workers, foremen and superintendents to accomplish the work within the required schedule. Since general work cannot start prior to the successful decontamination of the work area, it is imperative that a sufficient number of trained personnel be engaged throughout the abatement process. No untrained nor fully qualified and pre -approved person shall be employed to speed up completion of the abatement work. 1.9 STANDARD OPERATING PROCEDURES: Develop and implement a standard operating procedure during abatement work to ensure maximum protection and safeguard from asbestos exposure of the workers, and the environment. The standard operating procedure shall ensure: A. Tight security on a 24 hour basis from unauthorized entry into the work space. -1369B- Division 2 ' 02000: Asbestos Abatement Page 5 B. Proper protective clothing prior to entering the work C. Safe work practices in the visions for inter -room corn eating, drinking, smoking, respiratory protection. and respiratory protection space from the outside. work space, including pro- nunications, exclusion of or in any way breaking the D. Proper exit practices from the work space to the out- side through the showering and decontamination facil- ities. E. Removing and encapsulating asbestos in ways that minimize release of fibers. F. Packing, labeling, loading, transporting, and dispos- ing of contaminated material in a way that minimizes exposure and contamination. G. Emergency evacuation for medical or safety (fire and smoke) so that exposure will be minimized. H. Safety from accidents in the work space, especially from electrical shocks, slippery surfaces; and entang- lements in loose hoses and equipment. I. Provisions for effective supervision, air monitoring and personnel monitoring for exposure during the work. J. Engineering systems that minimize exposure to fibers in the work space. 1.10 NOTIFICATIONS, PERMITS, WARNING SIGNS, LABELS AND POSTERS: A. Provide the required notification to EPA and any other regional, state, and local authority having jurisdict- ion on the project. Secure all the permits required for the work, including disposal of asbestos in an approved landfill. B. Erect warning signs around the work space and at every point of potential entry from the outside, showing a standard sign, with the words "Caution, Contains Asbest- os Fibers. Avoid Creating Dust. Asbestos is a Cancer and Lung Disease Hazard. Do Not Enter." The warning signs shall be a bright color so they will be easily noticeable. The size of the sign and the size of the lettering shall be no less than the OSHA requirements. C. Provide the OSHA required labels for all plastic bags and all drums utilized to transport contaminated mat- erial to the landfill. -1369B- Division 2 02000: Asbestos Abatement Page 6 D. Provide any other signs, labels, warnings and posted instructions that are necessary to protect, inform and warn people of the hazard from asbestos exposure. Post in a prominent and convenient place for the work- ers a copy of the latest applicable regulations from OSHA, EPA, and NIOSH. 1.11 SUBMITTALS DURING THE WORK: Submit copies of the following items to Mott, Mobley, McGowan, & Griffin, P.A. Architects designated/Project Manager: A. Security and safety logs showing names of persons en- tering the work space, date and time of entry and exit, record of any accident, emergency evacuation, and any other safety and/or health incident. B. Disposal certificates. C. Required permits, clearances, licenses, etc. 1.12 EMERGENCY PRECAUTIONS: A. The Contractor shall establish emergency and fire exits from the work area. All emergency exits shall be eq- uipped with two (2) full sets of protective clothing and respirators at all times. B. Local medical emergency personnel, both ambulance crews and hospital emergency room staff, shall be notified prior to commencement of abatement operations as to the possibility of having to handle contaminated or injured workmen, and shall be advised on safe decontamination. C. The Contractor shall be prepared to administer first aid to injured personnel after decontamination. Ser- iously injured personnel shall be treated immediately or evacuated without delay for decontamination. When an injury occurs, the Contractor shall stop work and implement fiber reduction techniques (e.g. water spray- ing) until the injured person has been removed from the work area. D. Before the Contractor starts actual removal of the asbestos material, the local police and fire depart- ments shall be notified as to the danger of entering the work area and they shall be invited to attend an informal training program to be conducted by the Con- tractor which will provide information regarding ab- atement activities, decontamination practices, etc.. The Contractor shall make every effort to help these agencies form plans of action should their personnel need to enter the contaminated area. -1369B- Division 2 02000: Asbestos Abatement Page 7 - 1.13 RESPIRATORY SYSTEMS: A. Provide all workers, foremen, superintendents, author- ized visitors and inspectors personally issued and marked respiratory equipment approved by NIOSH and OSHA. When respirators with disposable filters are employed, provide sufficient filters for replacement as necessary by the worker. B. When Type "C" Respirators are employed, the Air Supply System shall provide Grade "D" breathing air in accord- ance with OSHA 29 CRF 1910-134 and ANSI .286.1-1973 Commodity Specification for Air. C. The Compressed Air System for Type "C" Respirators shall be pressure demand supplied air only, with a compressor capacity to satisfy the respiratory manu- facturer's recommendations. The receiver shall have sufficient capacity to allow a 15 minute escape time for the respirator wearers in the event of compressor failure or malfunction. The Compressed Air System shall have compressor failure alarm, high temperature alarm, carbon monoxide alarm, and suitable in -line air purifying sorbent beds and filters to assure Grade "D" Breathing Air. D. The minimum respiratory protection required for this project is as follows: 1. Use high efficiency air -purifying respirators for the following: a. Decontamination of removable including furni- ture, draperies, carpeting, etc. b. Preconstruction sealing of walls, floors and openings with plastic sheeting. c. Loading drums on truck for transportation and unloading bags at landfill. • d. Final (third) wipe down of work space if air • sample shows exposure in the area is below 0.1 fibers/cc. 2. Use Type "C" Respirators for the following: a. Asbestos removal operations. • b. Asbestos encapsulation and enclosure operations prior to plastic sheeting removal. c. Gross clean-up and plastic sheeting removal. -1369B- Division 2 02000: Asbestos Abatement Page 8 d. Type "C" Respirators need not be worn if per- sonal air samples taken within 24 hours produce a concentration of 0.01 fibers/cc or less. E. Type "C" Respirators shall be worn with belt to min- imize possibility of dislodging face mask when hose is snagged in the work area. F. Provide a minimum of two spare hoses to be available at any time to the Mott, Mobley, McGowan, & Griffin, P.A. Architects designated/Project Manager and his authorized visitors and inspectors to connect to their assigned Type "C" Respirator without having to wait for removal of worker from working area to obtain a hose connection. 1.14 PROTECTIVE CLOTHING: A. Provide to all workers, foremen, superintendents and authorized visitors and inspectors protective dispos- able clothing consisting of full -body coveralls, head covers, gloves and 18 inch high boot type covers or re- usable footwear. B. Provide eye protection and hard hats as required by job conditions and safety regulations. C. Reusable footwear, hard hats as required by job cond- itions and safety regulations. D. All disposable protective clothing shall be discarded and disposed of as asbestos waste every time the wearer exits from the work space to the outside through the decontamination facilities. 1.15 , SHOWERS AND TOILETS: A. For each abatement area provide decontamination facil- ities located in an area agreed upon with the Mott, Mobley, McGowan, & Griffin, P.A. Architects designated Project Manager. The decontamination facilities shall include a Decontamination Enclosure System for workers and visitors, and a Decontamination Enclosure System for loading of asbestos into trucks for transportation to the landfill. B. The Decontamination Enclosure System for workers and visitors shall consist of three rooms that serve as three air locks as follows: Clean Room at entrance followed by Shower Room followed by Equipment Room leading to the work area. C. The Decontamination Enclosure System for loading of C fJ I -1369B- t Division 2 02200: Asbestos Abatement Page 9. ' asbestos into trucks shall consist of an Air Lock from the Work Area leading into the Drum Wash and Wipe Room, ' and another Air Lock leading in the open loading plat- form and the truck. D. An Air Lock is a system permitting ingress and egress without permitting air movement. It consists of two curtained doorways and shall be constructed by placing three overlapping sheets of plastic over a framed door- ' way, securing each along the top of the doorway. The first and third sheet shall be secured on one side of the doorway and the middle sheet shall be secured on the other side of the doorway. ' E. Provide lockers.for storage of street clothes of work- ers in the Clean Room. Provide in the same room uncon- taminated disposable protective clothing and equipment. This room shall be used by workers and visitors to change from street clothes to disposable protective clothing and gear prior to entering into the contam- inated area and to dress into street clothing after they have showered and dried in the. Shower Room as they exit from the contaminated area. F. Provide in Shower Room showering facilities with hot and cold water so arranged as to provide complete showering of workers and visitors as they exit from the contaminated area. Make provisions to prevent any contaminated run-off from the Shower Room. The Shower Room facilities and size shall be adequate to allow de- contaminated and thorough washing of all the workers and visitors within the 15 minute escape time allowed under air compressor failure. ' G. Provide the Equipment' Room with storage for contamin- ated clothing and equipment. In this room, workers and visitors dispose of their disposable protective cloth- ing except the Respirator as they prepare to enter the Shower Room. ' H. The Drum Wash and Wipe Room shall be equipped with the facilities to wash and wipe the outside of the drum prior to the loading into the trucks for transportation to a landfill. Make provisions to prevent any contam- inated run-off from the Drum Wash Room. ' I. The Clean Drum Storage Room is relatively clean since most of the contamination outside of the drum has been washed and wiped thoroughly in the Wash Room. '• J. Toilet facilities outside of the containment area will be available to workers. However, they must go through the decontamination process every time they need to use ' the restroom. '-1369B- Division 2 02000: Asbestos Abatement Page 10 K. Provide heating and ventilation in entire Decontamin- ation Systems so that air flow will be from the outside towards the work space. 1.16 PERSONNEL PROTECTION AND DECONTAMINATION: A. Provide all personnel throughout the abatement process with the specified protective clothing and gear. En- sure that all personnel entering and leaving the work space follow the following procedures: 1. Entering From the Outside: Change from street clothes into protective clothing and wear clean protective gear. Go through Shower Room into Dirty Equipment Room, pick-up equipment and tools and enter the work area. Exiting From the Work Area: Dispose of all pro- tective clothing into labeled plastic bags for asbestos waste. Do not take off the respirator, but still wearing the respirator enter the shower and shower thoroughly. Remove respirator and wash and wipe thoroughly to decontaminate the respir- ator. After drying, enter the Clean Room, store the decontaminated respirator in the assigned space and dress into street clothes. Be Post written procedures in work place and train all personnel on the procedures for the evacuation of the injured and the handling of potential fires. Provide aid to a seriously injured worker without delay for de- contamination. Make provisions to minimize exposure of rescue workers and to minimize spreading of contamin- ation during evacuations and fire procedures. C. The Contractor shall instruct all employees and workers in the proper care of their personally issued respir- atory equipment, including daily maintenance, sanitiz- ing procedures, etc. D. All respiratory equipment shall be inspected by Con- tractor's project supervisory personnel at the begin- ning of each work period, including breaks and lunch periods. 1.17 DISPOSAL ACTIVITIES: A. It is the responsibility of the Contractor to determine current waste handling, transportation, and disposal regulations for the work site and for each waste dis- posal landfill. The Contractor must comply fully with these regulations and all U.S. Department of Transport- ation, EPA, and other Arkansas State Department of -1369B- Division 2 02000: Asbestos Abatement Page 11 ..... . Labor requirements. •B. The Contractor will document actual disposal of the waste at the designated landfill by completing a Dis- posal Certificate and forwarding the original to the Mott, Mobley, McGowan, & Griffin, P.A. Architects designated/Project Manager. 1.18 EXPOSURE CONTROLS: .A. . Provide supply air to and exhaust air from the work area to maintain a negative pressure of 0.02 inch of water. The ventilation system shall operate on a 24 hour basis throughout the abatement process through the second wet cleaning. The ventilation system shall be in accordance with EPA recommendations included in the "Guidance for Controlling Friable Asbestos -Contain- ing Materials in Buildings,".Appendix P. B. Provide an automatic recording instrument to monitor the negative pressure differentialin a representative location. The instrument shall continuously generate a •permanent record. C. In a multiform abatement project provide a sufficient number of supply and exhaust units to create a stream of air away from the faces of the workers in each room and in such a way as to not damage or compromise the integrity of the plastic isolation barriers. 1.19 SUBMITTALS: Furnish the following: A. . Layout of project execution showing the abatement work in stages corresponding to the qualified personnel em- ployed and the configuration of the work space. B. Security System, warning signs and labels for bags and drums. C. Copy of notification to police and.fire department, and copy of certificate from both departments on their ap- proval of the proposed security and safety plans. D. Wetting agents and low pressure wetting system. E. Encapsulates. F. Wall, floor and opening coverings and sealing tapes. -1369B- Division 2 02000: Asbestos Abatement Page 12 G. Standard Operating Procedure showing how workmen, will be protected from exposure and how spaces outside the work area will be protected from contamination until completion of the work. H. Samples of disposable protective clothing. I. Respiratory System including sample respirator, hoses and a certificate with system literature for the air supply system from manufacturer stating that air supply system meets our specification on quality, quantity, and escape time. J. Fire and emergency evacuation plan. K. Detailed plans for decontamination facilities, toilets and systems allowing inter -room communication and com- munication between the work area and the outside. L. Engineering systems for control exposure showing the number, location and capacity of supply and exhaust systems, the expected. direction of flow and the maximum and minimum negative pressure in each room. M. Medical records for all personnel. 1.20 APPLICABLE PUBLICATIONS: The publications listed below form a part of this specification to the extent referenced. The publications are referenced in text by basic designation only. A. Environmental Protection Agency (EPA): Regulations for Asbestos (Code of Federal Regulations Title 40, Part 61). Guidance for Controlling Friable Asbestos Containing Materials in Building (Purple Book). B. Occupational Safety and Health Administration (OSHA): Asbestos Regulations (Code of Federal Regulations Title 29, Part 1901, Section 1910.001). C. National Institute for Occupational Safety and Health (NIOSH): "Respiratory Protection...A Guide for the Employee." D. American National Standards Institute (ANSI): Z86.1- 1973... Commodity Specification for Air. -1369B- '• Division 2 02000: Asbestos Abatement Page 13 PART 2 - PRODUCTS .2.1 MATERIALS: A. Encapsulates: The encapsulating agents shall be gene- ' trating sea -lanes and shall meet the following criteria: 1. They shall withstand most impact or abrasion and protect the encapsulates surface. • 2. Encapsulates selected for use by the Contractor ' shall be one of those demonstrating probable effective performance under the tests conducted by an. independent testing laboratory and are approved ' by the Mott, Mobley, McGowan, & Griffin, P.A. Architects retained Industrial Hygienist ' 3. They shall have high flame retarding character- istics, and a low toxic fume and smoke emission • rating. ' 4. They shall not be noxious or toxic to application workers. 5. They shall have some permeability to water vapor to prevent condensation accumulation, and resist solution by common cleaning agents. 6. They shall have acceptable weathering and aging characteristics. 7. They shall be acceptable by architectural stand ards. P8. They shall be. demonstrably capable of, adhering to • the surfaces of the substrata. 2.2 TOOLS AND EQUIPMENT: 1 A. Airless Sprayers: An airless sprayer, suitable for application for encapsulating material, shall be used. ' S. Asbestos Filtration Device (AFD): Asbestos filtration devices shall utilize high efficiency particulate ab- solute (HEPA) filtration systems. 1 -1369B- J Division 2 02000: Asbestos Abatement Page 14 C. Scaffolding: Scaffolding, as required to accomplish the specified work, shall meet all applicable safety regulations. D. Transportation Equipment: Transportation equipment, as required, shall be suitable for loading, temporary storage, transmit, and unloading of contaminated waste without exposure to persons or property. E. Vacuum Equipment: All vacuum equipment utilized in the work area shall utilize HEPA filtration systems. F. Water Sprayer: The water sprayer shall be an airless ' or other low pressure sprayer for amended water appli- cations.. G. Other Tools and Equipment: The Contractor shall pro- ' vide other suitable tools for the stripping, removal, encapsulation and disposal activities including but not limited to: Hand-held scrapers, nylon brushes, spong- es, rounded edge shovels, brooms and carts. PART 3 - EXECUTION 3.1 PRE -ASBESTOS ABATEMENT PREPARATIONS: A. Coordinate with the Mott, Mobley, McGowan, & Griffin, ' P.A. Architects retained Certified Industrial Hygienist (CIH) in order to determine isolation of area. B. Prior to any abatement work in an area, seal -off the entire area to anyone other than trained personnel and authorized visitors. Erect signs around the perimeter in accordance with EPA, OSHA, and this specification. Provide 24 hour security against unauthorized entry during abatement process. Maintain a log of all people ' entering and exiting the work space. C. Seal all walls with two layers of four mil plastic sheets and the floor with two layers of six mil plastic sheets. Seal off all duct openings, doors, windows, fan coil units, radiators, etc., with two layers of six mil plastic. If ceiling is to be removed extend the sealing plastic sheeting all the way to the underfloor. Ensure that barriers are effectively sealed and taped. Repair damaged barriers and remedy defects immediately and visually inspect enclosures prior to each work day. Use smoke methods to test effectiveness of barriers. I I -1369B- ' Division 2 02000; Asbestos Abatement Page 15 ' D. Disassemble all removable items from the. work area such t as lights, grilles, registers, etc. Thoroughly. decon- taminate through wet cleaning and/or HEPA vacuum all furniture, carpets, lighting fixtures and other remov- ables. Store the decontaminated removable in a clean ' storage room until the completion of the abatement work. E. Secure approval of the Mott, Mobley, McGowan, & Griffin, P.A. Architects designated/Project Manager prior to the start of the work for the follow- ing: Enclosures, showers and toilets, personal pro- tection decontamination procedures, exposure control systems, notifications and permits, standard operating procedures, personnel training and testing, removable ' decontamination and storage, sealing off and securing of the work area and equipment for inter -room com- munications. 1 3.2 UTILITIES A. Provide all necessary connections for temporary util- t ities in the work space during abatement work. Shut down and disconnect all electric power to the work area, if required, so that there is no.possibility of ' reactivation and electrical shock during the entire abatement process. The temporary electrical power shall be in accordance with OSHA and Electrical Code for Wet Environments. B. Remove all heating, ventilating and air conditioning system filters and dispose of as asbestos waste. '3.3 PREABATEMENT INSPECTION: A. Conduct a complete inspection of abatement area. 3.4 NOTIFICATION OF AUTHORITIES: A. Coordinate all work and inspections through Local, State and Federal agencies as described by law. B. Notify the local police and fire department of the asbestos abatement project. Coordinate with the police all security aspects of the project and with ' the fire department all emergency evacuation and safety aspects. Secure a certificate from both the police and fire department that they approve of the ' established security and safety procedures. 3.5 ASBESTOS REMOVAL: A. Except as noted herein and/or in drawings, spray with '-1369B- Division 2 02000: Asbestos Abatement Page 16 water containing a wetting agent all asbestos that is to be removed. The wetting agent shall be 50 percent polyoxethylene ether and 50 percent polyoxethylene ester, or the equivalent mixed one ounce to five gallons of water. Apply a low pressure fine spray of the amended water to minimize fiber release. Saturate sufficiently the material throughout the removal fiber release from dry asbestos. In many areas it may be necessary to presaturate asbestos materials the day prior to removal. B. Immediately following removal, the wetted asbestos shall be packed into labeled six mil plastic bags to prevent the material from drying. Pack and seal all bagged material in drums which are also labeled. Tho- roughly. clean the exterior of the sealed drums prior to loading on the truck for transportation to the land- fill. C. Disposal shall be in a landfill meeting EPA require- ments. Do not throw bags into landfills in a way that may cause the bags to burst open. If bags cannot be taken out of the drums undamaged, then include the. disposal of the drums with the bags. Ensure that bags are not broken open in the process. D. For asbestos insulated pipes, it may be more feasible to remove the pipe and the insulation in sections, if applicable. For such cases, cover pipe with six mil plastic cover, cut out each section using flame or snip type tool (not a saw), enclose the cut ends of each segment with six mil bags and seal with tape the bags to the plastic wrap. E. For suspended ceiling, vacuum thoroughly with HEPA ' vacuum and then proceed as per this specification. F. Piping insulation containing asbestos that continue through walls, and/or floors shall be removed flush with the wall and/or floors. 1. All used plastic, tapes, cleaning material and clothing shall be treated as asbestos waste material. 3.6 STRIPPING AND REMOVAL OF ACOUSTICAL PLASTER AND CEILING SYSTEMS: 1. Spray the asbestos -containing material with amend- ed water, using low pressure spray equipment cap- able of providing a "mist" application to reduce the release of fibers. Saturate the material sufficiently to wet it to the substrata without causing excess dripping. Spray the asbestos -con- -1369B- ' ' Division 2 02000: Asbestos Abatement Page 17 1 taming material 16-24 hours prior to stripping and repeatedly during work process to maintain ' wet condition and to minimize asbestos fiber dispersion. 2. All the acoustical plaster in the areas specified shall be stripped to the plaster scratch coat except where noted otherwise, using appropriate tools and methods. In all cases, asbestos con- taminated materials shall be handled carefully and deliberately. Any unnecessary agitation of the material is strictly prohibited. The use of the high RPM power equipment, pressure washers,. or hydro -blasters is not. acceptable. The scratch coat shall be left structurally sound.. After completion of removal work, all surfaces from which asbestos has been removed shall be nylon brushed and/or wet sponged, or cleaned by an equivalent method to remove all visible mat- erial. During this work, cleaned shall be kept wet. the surfaces being A. During encapsulation, all HEPA and AFD devices may be turned off as the encapsulation agent is likely to im- pair efficiency or damage the equipment. B. Prior to work area decontamination and site clean-up, the CIH will conduct an inspection of all encapsulating work to ensure proper application procedure, extent of coverage and bonding effectiveness. C. Preparation and application: The encapsulate will be prepared and applied ac- cording to the manufacturer's specifications using airless spraying equipment. Because application by spraying could cause dissemination of residual fibers, the encapsulate must be applied with as much caution and at as low a nozzle pressure as possible. 2. The encapsulate shall be applied with one coat to all specified surfaces. The coat shall be reduced with proper thinning agent to a 50 percent solution. Individual coats may be re- quired to be color coded by tinting with manufac- turer's approved dyes as directed by the Mott, Mobley, McGowan, & Griffin, P.A. Architects re- tained Certified Industrial Hygienist. Drying times shall be as specified by the manu- facturer, but not less than four hours between coats. -1369B- Division 2 02000: Asbestos Abatement Page 18 3.7 CLEANING AND FINAL DECONTAMINATION: A. After the removal and encapsulation of asbestos has been completed and before removal of barriers, the entire area shall be thoroughly wet cleaned and/or vacuumed with HEPA filtered vacuum. After the second cleaning, wait 24 hours for the dust to settle, and repeat the thorough wet cleaning and/or HEPA vacuum for a third time. Following the successful inspection and final testing as specified herein, re- move all HEPA filters and dispose of them as asbestos waste. All plastic barriers, tapes and disposable contaminated equipment shall also be disposed of as asbestos waste. All reusable contaminated equipment, such as masks, hard hats, etc., shall be thoroughly decontaminated through wet cleaning. 3.8 MONITORING, TESTING AND INSPECTION: ' A. The performance and execution of the work will be ' closely and continuously monitored by the Certified Industrial Hygienist (CIH) Consultant and their technicians. The monitoring will be inside the work area and the surroundings to ensure full compliance with these specifications and all applicable regul- ations. Provide full cooperation and support to the CIH and their technicians throughout the abatement process. The continuous monitoring and checking will include air samples in the work space, personnel samples at breathing levels for a number of workers to be determined solely by the CIH, air samples in the areas surrounding the work area and the outside, checking of the Standard Operating Procedures, Engin- eering Control System, Respiratory Protection System, Packing Packaging, Transporting and Disposal of Asbestos, Decontamination Facilities and Procedures and any other aspects of the abatement process that may impact the health and safety of the people and the pollution of the environment. B. The Mott, Mobley, McGowan, & Griffin, P.A. Architects designated/Project Manager shall bear all cost in connection with the laboratory work requir- ed in Paragraph A above by the CIH for the initial analyses; however, the costs of all subsequent labor- atory analyses taken because the limits specified were exceeded on the initial tests shall be borne by the Contractor. C. The Contractor shall receive copies of all laboratory reports presenting the results for the CIH's air mon- itoring and inspection program. All information shall be recorded in the Contractor's air monitoring log. -1369B- ' '• Division 2 02000: Asbestos Abatement Page 19. 3.9 FINAL INSPECTION AND TESTING: A. After cleaning of the work space, and if a high degree of cleanliness has been achieved, notify the Mott, Mobley, McGowan, & Griffin, P.A. Architects retained Certified Industrial Hygienist (CIH) that the work t space is ready for inspection and final testing. The CIH, with the assistance of his technician, will visually inspect the work space for the detection of any visible asbestos dust or contamination. If the visual inspection does not reveal any dust or other signs of contamination, and a preliminary final approval has been obtained from the Arkansas State ' Department of Pollution Control, the final testing will take place. B. The final testing shall take place under active agita- • tion of the air in the work space with fans running, broom sweeping and any other means found suitable by ' the Certified Industrial Hygienist (CIH) and their technicians during the final testing. The final test will consist of taking air samples in the work space which shall show contamination levels do not exceed 0.005 f/cc using phase contrast microscopy. Dust samples may be taken to be analyzed at the option of the CIH to confirm the results of the air sampling. ' At the option of the CIH, electron microscopy may be • employed for one or two samples to confirm the results of the final testing. If the results for the final ' testing are not satisfactory, the thorough wet clean- ing and/or HEPA vacuum shall be repeated until the required decontamination levels have been achieved. ' C. After the decontamination levels specified have been • confirmed through the final testing specified herein, the plastic enclosure shall be removed, the exposed surfaces thoroughly wet cleaned and/or HEPA vacuumed and the plastic, tape, material from equipment room and shower room bagged and disposed of as asbestos waste. A final check will be carried out by the CIH to ensure that no dust or debris remain on surfaces as • the result of dismantling operations, and a "final" approval inspection obtained from the Arkansas State Department of Pollution Control. , After achieving the level of cleanliness and decon- ' tamination as specified herein and as confirmed by the final testing and checking, the Mott, Mobley, McGowan, & Griffin, P.A. Architects retained CIH shall thoroughly inspect the space jointly with the ' Contractor to determine whether any damage has been done on the finishes, equipment, or any other part of the work space. A final inspection report shall be prepared by the Contractor and initialed by the Mott, -1369B- Divison 2 02000: Asbestos Abatement Page 20 Mott, Mobley, McGowan, & Griffin, P.A. Architects Certified Industrial Hygienist (CIH). 3.10 - FLOOR COVERING INSTALLATION: A. When floor tile has been removed from the St. John's Alternative Building as specified cover the floor area with 1/4" thick plywood or particle board, any grade. -1369B-