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HomeMy WebLinkAbout78-01 RESOLUTIONi RESOLUTION NO. 78-01 A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT WITH PROTECTIVE LININGS AND COATINGS, INC. TO REPAINT ONE OF THE RODGERS DRIVE WATER TANKS AND APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council approves a contract with Protective Linings and Coatings, Inc. in the amount of $250,600.00 and a contingency of $37,590.00 to prepare and paint one 4 -million gallon water tank located on Rodgers Drive pursuant to the specifications of the bid and authorizes the Mayor to sign said construction contract. Section 2. That the City Council approves a budget adjustment in the amount of $74,741.00 which is attached as Exhibit "A". PASSED and APPROVED this the 19th day of June, 2001. `:$ Yfrr ei • ATTEST: By: Heather WoodruffCity erk APPROVED: By: DAN COODY, May City of Fayetteville, Arkansas Budget Adjustment Form �-;O Pit€XHIBIT A t Budget Year 2001 Department: Division: Program: Public Works Engineering Water & Sewer Capital Date Requested June 19, 2001 Adjustment # Project or Item Requested: $72,741 is requested in the Rogers Drive Water Tank Painting capital project. Project or Item Deleted: $72,741 from the Highway 45 East Pump Station & Elevated Tank capital project. Justification of this Increase: The additional funding is to cover the cost of the construction contract. Justification of this Decrease: Sufficient funding remains in project to meet objectives. Increase Expen e (Decrease Revenue) Account Name Amount Water Line Improvements 72,741 Account Number 5400 5600 Decrease Expense (Increase Revenue) Account Name Amount Water Line Improvements 72,741 Project Number 5808 00 97044 10 Account Number 5400 5600 Project Number 5808 00 98044 10 Approval Signatures Budget M • •ger Type: A Date of Approval Budget Office Use Only B Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy. Budget & Research / Yellow Copy: Requester C D E C^DATA'FORN,S•BA-AD.J BA_0/022.WKJ NAME OF FILE: Resolution No. 78-01 • CROSS REFERENCE: 06/19/01 Resolution No. 78-01 06/19/01 Exhibit "A" (Copy of the Budget Adjustment Form) 06/19/01 Contract with Protective Linings & Coatings, Inc. ($250,600) 05/31/01 Departmental Correspondence to Fayetteville City Council thru Dan Coody, Mayor, Don Bunn, Assistant PWD, Jim Beavers, City Engineer, from Sid Norbash, Staff Engineer, regarding Rogers Drive Tank Painting Project/Approval of Construction Contract 05/30/01 Letter to Sid Norbash from Robert W. White, P.E. McClelland Consulting Engineers, Inc. regarding Bid Opening/Rodgers Drive Tank Repainting 05/30/01 Bid Tabulation 06/19/01 Staff Review Form 06/21/01 Departmental Correspondence to Sid Norbash, Engineering, from Heather Woodruff, City Clerk NOTES: 1 • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 19thday of June 2001, by and between Protective Linings & Coatings, Inc. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Water Tank Repainting, Rodgers Dnve Tank, dated April, 2001. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: Two Hundred Fifty Thousand, Six Hundred Dollars • 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 75 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY002262 Fayetteville Water Tank Repainting Section 00500 - 1 • • • 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed stnctly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: ATTEST: %hi jCity Clerk protectivc L N i $ a(:da)ti„qV s CONTRACTOR By PreCda..t Title CITY OF FAYETTEVILLE, ARKANSAS OWNER By �I�/'"4L Mayor FY002262 Fayetteville Water Tank Repainting Section 00500 - 2 I • • WATER TANK REPAINTING RODGERS DRIVE TANK a'1Cab'114Z..1 �tl! FOUR MILLION GALLON WELDED STEEL GROUND STORAGE TANK FAYETTEVILLE ENGINEERING DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS FAY ETTE'/ I LLE 1f &ferkCop PROJECT NO. FY002262 APRIL 2001 McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702.1229 (501) 443.2377 • o\�0iv,4T IIOtt/ .• ....qG� ` a1cCLELLANG •CONSULTING ENGINEERS, Inc e E. 9a %., NG. 24 -eA........ .`��� 1• 44 t. ': `) Z6n cam -:: -.-/F '..mss 0;-7E f..?f.r.?'14-114 II T.<:• l! , ND L 35..<1/40/ r ,ss, „ 1 • • 1 1 FOUR MILLION GALLON WELDED STEEL GROUND 1 WATER TANK REPAINTING RODGERS DRIVE TANK STORAGE TANK 1 FAYETTEVILLE ENGINEERING DEPARTMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF FAYETTEVILLE, ARKANSAS F -AY ETTE'/ I LLE PROJECT 140. FY002262 APRIL 2001 tonna- dTo arv�, McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (501)443.2377 PART/SECTION N2 • • TABLE OF CONTENTS (FY002262) SUBJECT PAGE N° PART I BIDDING REQUIREMENTS 00030 Advertisement for Bids 1-2 00100 Instructions to Bidder 1-6 00200 Information Available to Bidders 1 00300 Bid Form Unit Price 1-7 00350 Bid Bond 1-2 00360 Notice of Award 1 PART II CONTRACT FORMS 00500 Contract 1-2 00600-1 Performance Bond 1-2 00600-2 Payment Bond 1-2 Maintenance Bond 1 Contractor's Affidavit 1 Notice to Proceed 1 PART III CONDITIONS OF THE CONTRACT 00700 General Conditions 00800 Supplementary Conditions PART IV DIVISION 1 01000 01009 01011 01014 01016 01027 01028 01070 01210 01300 01311 01400 01500 01600 1-35 1-4 SPECIFICATIONS GENERAL REQUIREMENTS Abbreviations 1-2 Summary of Work 1-3 Site Conditions 1-2 Protection of the Environment 1-2 Safety Requirements and Protection of Property 1-4 Application for Payment 1-2 Change Order Procedures 1-3 Cutting and Patching 1-3 Preconstruction Conferences 1-2 Submittals During Construction 1-6 Schedule & Sequence of Operations 1-3 Quality Control 1-3 Temporary Construction Facilities and Utilities 1-4 Material and Equipment Shipment, Handling, Storage, and Protection 1-3 01700 Contract Closeout 01710 Clean -Up 01720 Project Record Documents 1-3 1-2 1-3 1 • • TABLE OF CONTENTS PART/SECTION N2 SUBJECT PAGE N° DIVISION 2 SITE WORK 02150 Storm Water Pollution Prevention 1-4 I DIVISION 5 METALS 05902 Tank Renovation 1-3 DIVISION 9 FINISHES 09900 Painting 1-17 1 DIVISON 13 SPECIAL CONSTRUCTION 13315 Cathodic Protection System 1-6 1 1 APPENDIX A ' Arkansas State Licensing Law for Contractors 1 1 1 1 1 1 1 1 1 1 1 • • 1 1 DOCUMENT 00030 ADVERTISMENT FOR BIDS 1 BID #01-33 Bids: May 30, 2001, 10:00 AM 1 PROJECT: WATER TANK REPAINTING, RODGERS DRIVE TANK, CITY OF ' FAYETTEVILLE MCE Project No.: FY002262 McClelland Consulting Engineers, Inc. 1810 North College 1 P.O. Box 1229 Fayetteville, Arkansas 72701 ' Phone: (501) 443-2377 The City of Fayetteville will receive sealed bids for repainting a 4 million gallon welded steel ground storage water tank. The tank is 140 feet in diameter and has a 36 foot water depth. The existing cathodic protection system shall be removed and replaced with a new system. The tank has been drained and prospective bidders may schedule inspection visits to the tank with the ' Engineer. Bids shall be on a lump sum basis. 1 The City of Fayetteville, Arkansas will receive Bids until 10:00 AM, local time May 30, 2001, at the Office of the Purchasing Officer located in Room 306, 113 W. Mountain, Fayetteville, ' Arkansas. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bidding Documents may be examined at the offices of the Engineer and at: ABC Plans Room F.W. Dodge Reports Construction Market Data ' c/o Southern Reprographics 5100 East Skelly P.O. Box 1109 (72203) 2905 Point Circle Suite 1010 1501 N. Pierce, Suite 101 Fayetteville, AR 72704 Tulsa, OK 74135 Little Rock, AR 72207 Copies of the Bidding documents may be obtained at the Engineer's office in accordance with the Instructions to Bidders upon paying the sum of $60.00 for each set of documents. Return of 1 documents is not required, and amount paid for documents is not refundable. Partial sets are not available. 1 FY002262 Fayetteville Water Tank Repainting Section 00030- 1 1 • • 1 Each Bid must be submitted on the prescribed form and accompanied by a certified check of bid bond executed on the prescribed form, payable to the City of Fayetteville, Arkansas in an amount 1 not less than 5 percent of the amount bid. For information concerning the proposed work, contact Robert W. White, P.E., at the Engineers office. The attention of the Bidder is directed to the applicable federal and state requirements and ' conditions of employment to be observed and minimum wage rates to be paid under this Contract. 1 Pursuant to Arkansas Code Annotated §22-9-203 Arkansas State Building Services encourages all qualified small, minority and women business enterprises to bid on and receive contracts for 1 goods, services, and construction. Also, Arkansas State Building Services encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." 1 The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening 1 date. 1 CITY OF FAYETTEVILLE, ARKANSAS By: Peggy Vice, Purchasing Officer 1 Publication: May 13, 2001 May 20, 2001 1 1 Bid #: 01-33 1 1 1 1 FY002262 Fayetteville Water Tank Repainting Section 00030- 2 • • DOCUMENT 00100 INSTRUCTIONS TO BIDDERS PARAGRAPH NO.MTLE PAGE NO. 1. FORMAT 1 2. SPECIFICATION LANGUAGE 1 3. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF CONTRACTORS 1 5. DOCUMENT INTERPRETATION 6. BIDDERS UNDERSTANDING 2 7. PROJECT MANUAL AND DRAWINGS 2 8. TYPE OF BID 2 9. TRENCH AND EXCAVATION SAFETY SYSTEM 2 10. ALTERNATES 3 11. PREPARATION OF BIDS 3 12. STATE AND LOCAL SALES AND USE TAXES 3 13. SUBMISSION OF BIDS 3 14. TELEGRAPHIC OR WRI 1 IEN MODIFICATION OF BID 4 15. WITHDRAWAL OF BID 4 16. BID SECURITY 4 17. RETURN OF BID SECURITY 4 18. AWARD OF CONTRACT 5 19. BASIS OF AWARD 5 20. EXECUTION OF CONTRACT 5 21. PERFORMANCE AND PAYMENT BONDS 5 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6 23. PERFORMANCE OF WORK BY CONTRACTOR 6 24. TIME OF COMPLETION 6 25. PROVIDING REQUIRED INSURANCE 6 • • DOCUMENT 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into Parts, Divisions, and Sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification Sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the Project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the Work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. QUALIFICATION OF CONTRACTORS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the Work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed Work: Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. FY002262 Fayetteville Water Tank Repainting Section 00100 - 1 • 1 Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Bids, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Drawings is required and no refund will be made. The successful bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $60.00 per set. Partial sets will not be available. TYPE OF BID Lump sum price shall be submitted in the appropriate place on the Bid form. The total amount to be paid to the Contractor shall be the total amount of the lump sum price items as adjusted based on quantities installed and/or and adjustment for additions or deletions resulting from additive or deductive bid alternates or change orders during construction. 9. TRENCH AND EXCAVATION SAFETY SYSTEM Not Applicable. FY002262 Fayetteville Water Tank Repainting Section 00100 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 10. ALTERNATES Not used. 11. PREPARATION OF BIDS All blank spaces on the Bid Form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures In case of discrepancy between unit prices and totals, unit prices will prevail. Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any mariner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for Work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid Form on the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the sole proprietor, partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietor, a notarized power-of- attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 12. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid Form to separately itemize the tax. 13. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS Bids must be made on the Bid Form provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. FY002262 Fayetteville Water Tank Repainting Section 00100 - 3 • 1 14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 15. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of bids either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 16. BID SECURITY Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bid submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED RESIDENT AGENT of the surety having his place of business in the STATE OF ARKANSAS and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 17. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Bids they accompanied. FY002262 Fayetteville Water Tank Repainting Section 00100 - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 18. AWARD OF CON I RACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated on the Bid Form. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 19. BASIS OF AWARD If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests. 20. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration conceming nonresident contractor's notice and bond requirements. 21. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full amount of the Contract Pnce in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U. S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. FY002262 Fayetteville Water Tank Repainting Section 00100 - 5 • • 1 The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. 23. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the Owner's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. 24. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Document 00700 - GENERAL CONDITIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. 25. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the General Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. FY002262 Fayetteville Water Tank Repainting Section 00100 - 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART 1. GENERAL 1.1 SECTION INCLUDES 1. Arkansas Prevailing Wage Determination Number 00-414. 2. Location map for tank site. 3. Tank Photographs. PART 2. PRODUCTS Not Used. PART 3. EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 00200 - 1 Mike Huckabee Governor Robert White McClelland Consulting Engineers, Inc. PO Box 1229 Fayetteville, AR 72702 Dear Mr.White: STATE OFARKANSAS 7 ?fdll ,c ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131 May 3, 2001 Re: Rodgers Drive Water Tank Repainting Fayetteville, Arkansas Washington County James L. Salkeld Director In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 00-414 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. When you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my office. We must have this information in order to enforce the Statement of Intent. If you have any questions, please call me at (501) 682-4599 or fax (501) 682-4508. Sincerely, Enclosures Jackie Malone Prevailing Wage Investigator 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 )��� 70 3\\mz /2=\ §\\ 2@\ N.)z 2 ¥ tri 0 \k\ 77 } m co TJ - tag M 1 rno\ \ § 0o § ▪ § /rit/ /B� imelo .72 o§ 02\ �o1-4 0t 373j G amZ \V) 3/9 70�j m /[ 3 um0 0 } • . • Jopeiiuoogng 6ulgwnld Mechanical Subcontractor JopeJ}uoognS len!JPal3 General/Prime Contractor °£o* '0 3[g\ \ g0\zJ \ ®§%ff \o o -o "1 73 c�= �■o m• 3}\ g§to 0g%\7 k<■ Z/ro=�/w § 70am _7=« I \�kfecu§] & rr • 0--124/ �) 2 Er oc • E-0@2 0 -5m,- 2 al (S -. £ - ;an CD » ccn /}) 0.1 A. 0. 227,9 g 3a�°a ■ !k//) ;gym /\R?3 oCD rr CD 22Q - (D' 7=\R =B£; o3 ■ g;A_m 4g STATEMENT OF INTENT TO PAY PREVAILING WAGES Page l of 1 • • ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION — HEAVY RATES DATE: May 3, 2001 PROJECT: Rodgers Drive Water Tank Repainting Fayetteville, Arkansas CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker' Laborer Pipelayer Truck Driver Power Equipment Operators: Backhoe, Rubber tired 1 yd. or less Bulldozer, Finish Bulldozer, Rough Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less Crane, Derrick, Dragline, Shovel & Backhoe, Over 1-1/2 yds. Distributor Front End Loader, Finish Front End Loader, Rough Mechanic Motor Patrol, Finish Motor Patrol, Rough Roller Scraper, Finish Scraper, Rough DETERMINATION #: 00-414 COUNTY: Washington EXPIRATION DATE: 11-3-01 SURVEY #: 700-AH05 BASIC HOURLY RATE 8.45 9.35 9.40 13.30 17.25 8.45 10.30 11.90 12.15 13.15 10.25 11.65 11.20 12.35 9.65 10.40 14.70 13.05 9.00 11.15 11.75 11.25 FRINGE BENEFITS .72 1.00 .17 Welders—receive rate prescribed for craft performing 'operation to which welding is incidental. Certified July 3, 2000 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Call (501) 682- 4536 or 682-4599 for a request form. BRAMI BY PFK x110. FY002262 • Tank No. 1 Roof Vent and Obstruction Light Cathodic Protection Handhole in Roof Corrosion on Roof • • Top of Tank 2 Top of Ladder for Tank 1 with Roof Manway, Light Conduit and Cathodic Protection Conduit through top of Tank Base for Roof Support Column l `f. 1 V/11 I H I I I I I I I I I r I I I I Interior at Wall Manway Floor Corrosion Wall Corrosion and Paint Bubbling I • • Corrosion and Paint Bubbling on Tank Wall Floor Corrosion and Separation of Interior Ladder from its support Floor Corrosion • • 1 DOCUMENT 00300 1 BID FORM LUMP SUM 1 NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: The Ctty of Fayetteville. Arkansas 1 Address: 113 West,Mountain _Eayetteeville�AB 22791 1 Project Title: WATER TANK REPAINTING, RODGERS DRIVE TANK Engineer's 1 Project No.: FY002262 Arkansas Contractor's 1 Date: lY)av tot 'Z dol LicenseNo.: OOa635-O4Oa. Bidder: NrnJ-eci-1,le. Lifukis 9f- CocL4-111 Tnoc. 1 Address: /S/S6 (oU.., t,-/ »/Q.c e \J 1 44Xcttvdoe- 1 42 72002. 1 1 1 Contact Person for additional information on this Bid: Name: 0.0-rey 6001d Telephone: SO/- 316- 0a1.13 ADDENDA The Bidder hereby acknowledges that he has received Addenda Numbers: 1 it/ to these Specifications. (Bidder insert No. of each Addendum received.) 1 BIDDER'S DECLARATION AND UNDERSTANDING 1 The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Bid is made without any connection or collusion 1 with any person submitting another Bid on this Contract. 1 FY002262 Fayetteville Water Tank Repainting Section 00300 - 1 • • The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Bid is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Bid. The Bidder further agrees that he has exercised his own Judgement and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Bid is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Bid is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Bid, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. START OF CONSTRUCTION, CON TRACT COMPLETION TIME, AND LIQUIDATED DAMAGES Start of Construction, Contract Completion Time, and Liqwdated Damages are stated in Document 00500 - Contract. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. FY002262 Fayetteville Water Tank Repainting Section 00300 - 2 LUMP SUM BID ' The bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following lump sum amounts. The bidder agrees ' that the lump sum represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. I ' Ii I g�j I 1. LS Clean and Repaint Tank Exterior Using Top ($ ) (S _L4•7, 7, COO, T ' Coating Procedure Fo1_+y sevon-jTt,«,.sn�a Five NoNGlrec Dollars/LS Words ' 0O 2. LS Clean and Repaint Tank Interior, Disinfect ($ ) (5_/Q3, 000. ) Tank Once No,.4wcl Niwe4,V Thret LhouscL. A Dollars/LS Words 00 ' 3. LS Remove and Replace Cathodic Protection ($ ) (S C) CCD.) System NiNDollars/LS ' Words OO 4. LS Tank Renovation Work, Including New ($ ) (S _J I Ott. ) ' Manways, Vent Screen, Ladder Work, Obstruction Light and Conduit Removal and All Other Work Required for a Complete Installation I'- ' Qa e�cuSG„r��'Y' Doliars/LS Words ITOTAL LUMP SUM BID $I.VSO1 LOO: ° DEDUCTIVE ALTERNATES ' Not Used. I 1 FY002262 Fayetteville Water Tank Repainting Section 00300 - 3 H '.J BASIS OF AWARD The Bidder understands that the contract will be awarded to the responsive, responsible bidder with the lowest Total Bid. MAJOR EQUIPMENT SCHEDULE Not used. PAYMENT SCHEDULE ' A detailed payment schedule for each structure or unit shall be submitted by the successful low Bidder. The successful low Bidder shall meet with the Engineer and Owner in Springdale, Arkansas, to review the format and details of the payment schedule. This meeting shall be held within 5 days of notification that the Contractor is the low Bidder. The purpose of the meeting shall be to establish an acceptable format for the payment schedule. The construction detailed payment schedule shall be completed by the Contractor 14 days after the meeting and submitted to the Engineer and Owner for review and approval. Failure of the Contractor to submit the payment schedule as required may result in the Owner's rejection of the Bid or delay in processing the Contractor's request for a progress payment. SUBCONTRACTORS The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this Bid; and if awarded a contract, Bidder agrees to not enter into contracts with others for these divisions of the Work without written approval from the Owner and Engineer. CATHODIC PROTECTION SYSTEM SUBCONTRACTOR ' Arkansas Contractor License # ' iQ%/covc. 7(x535 &,44oiwood Irc1Js. 1-014c)J1Mc) Street Address, City, State, Zip Code SUBCONTRACTOR ' Arkansas Contractor License# ' Name ' Street Address, City, State, Zip Code FY002262 Fayetteville Water Tank Repainting Section 00300 - 4 1 • • ' PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 70 percent of the work with his own forces (refer to Paragraph 23, ' INSTRUCTIONS TO BIDDERS. Bids from so called Brokerage Contractors" will not be considered.) List below the items that the Bidder will perform with his own forces, if awarded this Contract, and fill in the blank showing the estimated total cost of these items. n 1p�/I (uor/G w�t i�4h€ 2Xce�J}ioN of d ckIhod,c i4oIecJio-v 5 Door $lkee4- Q.ici OI.kw- rnjsce//4,.,ecus far/cc/ed /Jewi5. Estimated total cost of the above items the Bidder states that will be performed with his own forces, if ' awarded Contract: /wo /uo cf.- d F.4)/ %A eusa..z( Dollars ($ )410, DOO. ' ) (Words) ' EXPERIENCE OF BIDDER The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers. Use additional sheets if necessary.) See L;st SURETY [I I I If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be: HO. iz3ox -712 Qe5i1ojftaas Lc Street, City, State, Zip, Code FY002262 Fayetteville Water Tank Repainting whose address is: Section 00300 - 5 I ' INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if ' awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. Li I I I H H I I I I Li BIDDER The name of the Bidder submitting this Bid is: U i QS d L OC4- 1"-5s NG . doing business at: Olare 1P_ka'vc/O- Me 77002 Street, City, State, Zip, which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his (its) hand this day of , 2001 Title Signature of Bidder ' FY002262 Fayetteville Water Tank Repainting Section 00300 - 6 I I 1 1 1 1 If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this 3O ay of fll& y , 2001. (SEAL) eclec 've t/An'vgc rLl:t Lvcr y rtic. Name of Corporraaati By Title / Atte /,l- cretary FY002262 Fayetteville Water Tank Repainting Section 00300 - 7 L L I I I I I [1 I I F, I I I I DOCUMENT 00350 BID BOND STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, and hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and represented by its Mayor, hereinafter called Owner, in the sum of DOLLARS ($, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: WATER TANK REPAINTING RODGERS DRIVE TANK WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 15 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. FY002262 Fayetteville Water Tank Repainting Section 00350-1 I IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety day of A.D., 2001. Principal -Contractor Title Attorney -in -Fact (Power -of -Attorney to be Attached) Eli Resident Agent FY002262 Fayetteville Water Tank Repainting Section 00350-2 I ' NOTICE OF AWARD TO: PROJECT DESCRIPTION: WATER TANK REPAINTING RODGERS DRIVE TANK The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 2001 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. by_ this i By Title Dated this_ day of 2001. CITY OF FAYETTEVILLE, ARKANSAS Owner By Robert White, P.E. McCLELLAND CONSULTING ENGINEERS, INC. ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged day of 2001 11 FY002262 Fayetteville Water Tank Repainting Section 00360-1 DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the l9tt,day of June 2001, by and between Protective Linings s coatings, Inc. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Water Tank Repainting, Rodgers Drive Tank, dated April, 2001. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications 2. That the Owner hereby agrees to_pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: Two Hundred Fifty Thousand, Six Hundred Dollar ----------------------- 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 75 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. FY002262 Fayetteville Water Tank Repainting Section 00500 - l Ii 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. ' 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. ' 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed anoriginal Contract. SEAL: Pro lee) h'€ Lf.�AiGs &chNes-Tc_ � CON CTOR T- • WITNESSES: Title CITY OF FAYETTEVILLE, ARKANSAS ATTEST: OWNER i By i Clerk Mayor I FY002262 Fayetteville Water Tank V Document 00600-1 Construction Performance Bond BOND NO. 5273784 ' Any singular reference to Contractor, Surety, Owner or other Dart' shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ' — Protective Linings & Coatings, Inc. 15156 Country Place Alexander, AR 72002 ' OWNER (Name and Address): City of Fayetteville ' 113 West Mountain Fayetteville, Arkansas 72701 ' CONSTRUCTION CONTRACT Date: Amount: $ 250,600.00 Description: Water Tank Repainting Rodgers Drive Tank ' BOND Date (Not earlier than Construction Contract Date): Amount: $ 250,600.00 ' Modifications to this Bond Form: None ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) PROTECTIVE LININGS & COATINGS, INC. EMPLOYERS CASUALTY COMPANY Signature: Signature: �/ Dav d . Feild, Attorney -in -Fact Name and Title: & %ey&v/rtJ Pr" siddsuf Name and Title: CONTRACTOR AS PRINCIPAL SURETY 'Company (Corp. Seal) Company (Corp Seal) ' Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Enginccrs' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors EMPLOYERS MUTUAL CASUALTY COMPANY P. 0. BOX 9909 KANSAS CITY, MO 64131-4511 I IFY002262 Fayetteville Water Tank Repainting Section 00600-1 -1 I I I 1I I II II I I I iI II Ii I I Li 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twentgays after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractorselected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for executiorby the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance ofthe Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. Ifthe Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment tendered or the Surety has denied liability, in whole® part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the • Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages arc specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments havebcen made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other teens thereof. ' FY002262 Fayetteville Water Tank Repainting Section 00600-1 -2 I, • • Document 00600-2 Construction Payment Bond BOND NO. 5273784 Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ' Protective Linings & Coatings, Inc. EMPLOYERS MUTUAL CASUALTY COMPANY 15156 CountryPlace P. 0. BOX 9909 Alexander, AR 72002 KANSAS CITY, MO 64131-4511 OWNER (Name and Address): City of Fayetteville I113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: ' Amount: $ 250,600.00 Description: ' Water Tank Repainting Rodgers Drive Tank BOND Date (Not earlier than Construction Contract Date): ' Amount:$ 250,600.00 Modifications to this Bond Form: ' CONTRACTOR AS PRINCIPAL Company (Corp. Seal) PROTECTIVE LININGS & COATINGS, INC. 1 Signature: Name and Title: Carey .could, Pyeclzla.•f ' CONTRACTOR AS PRINCIPAL Company (Corp. Seal) ' Name and Title: SURETY Company (Corp Seal) EMPLOYERS UAL UALTY COMPANY Signature: Nam d i e: Davi . Feild, Attorney -in -Fact SURETY Company Signature: Name and Title: (Corp Seal) EJCDC No. 1910-28B (1984 Edition) ' Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors IFY002262 Fayetteville Water Tank Repainting Section 00600-2 -1 I' I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to the Surety (at the addresdescribed in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and , with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly.; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are ' undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. ' 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction ' Contract shall be used for the performance of the Construction contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that funds earned by the Contractor in the performance of the Construction Contract are ' dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners priority to use the funds for the completion of the Work. ' 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any FY002262 Fayetteville Water Tank Repainting • Claimant under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. I1. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by the Surety, the Owner, or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the termSlabor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Section 00600-2 -2 ETC Insurance CompanieT • No. 446545 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation 4. Illinois EMCASCO Insurance Company, an Illinois Corporation hereinafter referred to severaltyas "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JUDY FRANKS, STEVEN C. RUSSELL, MARYLEA I. GAZETTE, DAVID F. FEILD, INDIVIDUALLY, LITTLE ROCK, ARKANSAS ......................... its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS..........................................................................:........................ ($10,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2002 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds• and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The. facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any powerof-attomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, the.Compunies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 1 day of N ,2000• Seals •,1111•• Bruce G. Kelley, C airman Donald L. Coughen er -:`Sto NSOgq •.,-�.`Q'PHt CO. Of.,, `..•Q,tY 6 Cq •. ,, <, , �, ,, , s ;_ of Companies 2, 3, 4, 5 d 6; resident Assistant Secretary ,V IPPOP41 -0f [y`p POR4 of %t Ic s�`VPOPq9 _ , o : of Company 1; Vice Chairman and SEAL ';= `� t863;me :6z 1953'°: CEO ofCompany7 10 . T t :O �i J t Q •• /.''•a,, ii%' •'' J y•7,'rrerOr .,,l e,O �t S'irj�•r.rru�rrP` "'y,.a ""{/r IINO\SxC' • N,I`'qI "•II LI N,J„ II { I IIY\," IrlunJ 0 ,u,u11pev �`fE rOtill" ce%l PS d.V,nrr, Cq, y <4` APP : 0R4' O4\ `� "OPP0Rg#CO: 'o oPP OagI :, y c SEAL si % SEAL i i% SEAL •., 1#owk •`{ 0•'•rnne`:P ~: it'll Ou'E s:'s' "'I, Iow> ,O ,,I'.,�'I,,... f• •, .%101 \0 , 'gruu,r, lnnn.o•" p, IINES ,, 19, ELIZABETHA.SCAVO L MY COMMISSION EXPIRES November 1, 2002 On this 10th day of July AD H 2000 ' before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Donald L. Coughennower, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Donald L. Coughennower, as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of each. of the Companies. My Commission Expires November 1, 2002. Notary Public in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and 1hiss_Power of Atoomey issued pursuant thereto on July 10, 2000 on behalf of Judy ranks, Steven.. Russell, Marylea I. Gazette, David F. Feild are true and correct and are still in fullforce and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ day of Vice -President ACQRD, CERTIFICATDF LIABILITY INSURJ DATE(M/DDNY) /2001 06/25/2001 PRODUCER (501)666-6653 FAX (501)666-7168 First Arkansas Insurance PO Box 251956 1501 Mart Drive Little Rock, AR 72225-1956 THIS CERTIFICATE IS ISSUED AS A MATtER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Protective Linings & Coatings Inc. 15156 Country Place Alexander, AR 72002 INSURER A: National Trust Ins. Co. INSURER B: INSURERC: INSURER D: INSURER E: CUVtKAUtS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR LKPP030109S0 06/18/2001 06/18/2002 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My one fire) $ 50,000 MED EXP (Any one person) $ 5,000 X PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 ,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOG PRODUCTS- COMP/OP AGG $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS LKPP03010950 06/18/2001 06/18/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 X BODILY INJURY (Per pen on) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ LKUM03000094 06/18/2001 06/18/2002 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 $ $ $ WORKERS COMPENSATION AND EMPLOYERSLIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS roject: Water Tank Repainting, Rodgers Drive Tank I IFIUA It MULUCK I I ADDITIONAL INSURED; INSURER LETTER City of Fayetteville, AR 113 West Mountain Fayetteville, AR 72701 I. ANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 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. cf I Q9 ADDENDUM NO. 1 WATER TANK REPAINTING RODGERS DRIVE TANK CITY OF FAYETTEVILLE, ARKANSAS FY002262 To All Planholders: Gentlemen: Paragraph A.2. under Section 3.28, APPLICATION SCHEDULE on page 09900-14 of the project Specification implies that the joints between the roof plates and the roof support rafters are to be caulked. At locations where the roof plates are not welded to the rafters or to immediately adjacent structural components, thermal expansion will cause too much movement between the roof plates and the rafters for caulking to be effective. At these locations wedges shall be inserted between the roof plates and rafters, the area between these units shall then be cleaned and painted, using a painters glove, if necessary. Areas where nearby welds prohibit use of wedges shall be caulked. The cathodic protection system specified in Section 13315 is to be a submerged, freeze proof system. It will require mounting lugs to be welded to the tank wall. The existing roof hand holes will no longer be needed. They shall be welded shut, then cleaned and painted in accordance with Section 09900. The new wall mounted lugs shall likewise be cleaned and painted in accordance with Section 09900. Very Truly Yours, 70tc out s/z3/cl Robert W. White, P.E. Vice President The Bidder shall acknowledge receipt of the Addendum by signing below and submitting a signed copy with his Bid Form, as well as acknowledging the Addendum on page 00300-1 of the Bid Form. Acknowledged by: Date: k FI 1:2000/002262/Specs/Add. No I .doc DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the day of I I I I I I 2001, by and between herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Water Tank Repainting, Rodgers Drive Tank, dated April, 2001. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications ' 2. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: 1 I I I L I 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 75 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. IFY002262 Fayetteville Water Tank Repainting Section 00500 - I I fl Lu 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a ' particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an ' additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by ' appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first ' above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: • CONTRACTOR WITNESSES: ' By IATTEST: City Clerk I Title CITY OF FAYETTEVILLE, ARKANSAS OWNER Mayor ' FY002262 Fayetteville Water Tank Repainting Section 00500 - 2 Document 00600-1 Construction Performance Bond Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: Amount: $ Description: Water Tank Repainting Rodgers Drive Tank BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) Name and Title: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) Signature: Name and Title: SURETY Company Signature: Name and Title: SURETY Company Name and Title: (Corp Seal) (Corp Seal) EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY002262 Fayetteville Water Tank Repainting Section 00600-1 -1 I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract.lf the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twentgays after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractorselected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution ty the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance ofthe Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment tendered or the Surety has denied liability, in whole ® part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligat, without duplication for: 6.1 The responsibilities of the Contractor for correction of defective' work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or, successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 1 I. When this Bond has been furnished to comply with a statutory or other, legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the, Owner to the Contractor under the Construction Contract after all proper adjustments havebeen made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither' been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contractor to perform and complete or comply with the other terms thereof. I I I FY002262 Fayetteville Water Tank Repainting Section 00600-1 -2 ' Document 00600-2 Construction Payment Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: Amount: $ Description: Water Tank Repainting Rodgers Drive Tank BOND Date (Not earlier than Construction Contract Date): Amount:$ Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company Signature: Name and Title: (Corp. Seal) SURETY Company (Corp Seal) Signature: Name and Title: SURETY Company (Corp Seal) Signature: Name and Title: EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY002262 Fayetteville Water Tank Repainting Section 00600-2 -1 I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and , with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly.; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agrehat funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any FY002262 Fayetteville Water Tank Repainting Claimant under this Bond. 10 The Surety hereby waives notice of any change, including changes o time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. II. No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall, be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by the Surety, the Owner, or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this' Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terns'mbor, materials orequipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the, Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. , I I I L Section 00600-2 -2 ' 1 1 1 1 MAINTENANCE BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the Principal), and , a corporation (hereinafter call the Surety), are held and firmly bound unto the City of Fayetteville, Arkansas (hereinafter called the Obligee), in the full and just sum of Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successsors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Prinicipal has entered into a certain contract with the Obligee dated which contract has been or is about to be accepted. AND WHEREAS, specification and contract provided that should guarantee the project free from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear expected. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear expected, for a period of two years after substanial completion, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered Witness as to Principal FY002262 Fayetteville Water Tank Repainting (Seal) (Seal) (Seal) Attorney -in-fact Maintenance Bond City of Fayetteville I I CONTRACTOR S AFFIDAVIT I Li II J I 1 1 1 1 I I STATE OF Arkansas COUNTY OF Washington The undersigned, being duly sworn on oath, deposes and says that he is (Officer) of . the Contractor (Company Name) for Water Tank Repainting , Rodgers Drive Tank designated as Project, situated at Fayetteville, Arkansas , owned by the City of Fayetteville and that all parties who have furnished labor, material, or both or any other items to the undersigned for use on the said work and all parties having contracts or sub -contracts with the undersigned for specific portion of said work have been paid in full with the following exception: The undersigned further states that there are no other contracts or obligations for labor or materials outstanding which were used in completing this Project. The undersigned makes this affidavit for the purpose of procuring from the Owner a final payment upon this Contract for all work completed in accordance with the Drawings and Specifications of the Owner. Signed this day of ,2001. 2001. ' Subscribed and Sworn to before me Contractor this day of , 2001. ' By Notary Public Title My commission expires the day of II 2001. I, II FY002262 Fayetteville Water Tank Repainting I 1 1 1 NOTICE TO PROCEED TO: DATE: PROJECT: Water Tank Repainting Rodgers Drive Tank You are hereby notified to commence WORK in accordance with the Contract dated , 2001 on or before , 2001, and you are to have the Work complete and ready for final payment within 75 calendar days thereafter. The date for final completion is therefore __________,2001. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Owner Robert W. White, P. E. ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 2001. By_ Title FY002262 Fayetteville Water Tank Repainting ARTICLE NUMBER AND TITLE PAGE NUMBER 27. DUTIES AND RESPONSIBILITIES OF THE ENGINEER..............................................................................7 28. REJECTED MATERIAL.....................................................................................................................................8 29. UNNOTICED DEFECTS....................................................................................................................................8 30. RIGHT TO RETAIN IMPERFECT WORK........................................................................................................8 31. LINES AND GRADES........................................................................................................................................8 32. SHOP DRAWING SUBMITTAL PROCEDURE.............................................................................................I0 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS......................................................................1 I 34. INDEPENDENT CONTRACTOR.................................................................................................................... 11 35. SUBCONTRACTING.......................................................................................................................................11 36. INSURANCE AND LIABILITY.......................................................................................................................12 37. INDEMNITY.....................................................................................................................................................15 38. TAXES AND CHARGES..................................................................................................................................15 39. ORDINANCES, PERMITS, AND LICENSES.................................................................................................15 40. SUPERINTENDENCE......................................................................................................................................16 41. RECEPTION OF ENGINEER'S DIRECTIONS...............................................................................................16 42. SANITATION....................................................................................................................................................16 43. EMPLOYEES....................................................................................................................................................16 44. PROJECT MEETINGS...................................................................................................................................... 16 45. SAFETY.............................................................................................................................................................17 46. CONTRACTOR'S TOOLS AND EQUIPMENT...............................................................................................17 47. PROTECTION OF WORK AND PROPERTY.................................................................................................18 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY............................................................18 49. MATERIALS AND APPLIANCES...................................................................................................................18 50. CONTRACTORSAND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODEREQUIREMENTS.................................................................................................................................19 51. SUBSTITUTION OF MATERIALS.................................................................................................................19 52. TESTS, SAMPLES, AND INSPECTIONS.......................................................................................................19 53. ROYALTIES AND PATENTS..........................................................................................................................20 54. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT..............................................20 ' ARTICLE NUMBER AND TITLE PAGE NUMBER 55. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD..................................20 56. BEGINNING OF THE WORK.........................................................................................................................21 57. SCHEDULES AND PROGRESS REPORTS....................................................................................................21 58. PROSECUTION OF THE WORK....................................................................................................................22 59. ASSIGNMENT..................................................................................................................................................22 60. OWNER'S RIGHT TO DO WORK...................................................................................................................22 61. OWNER'S RIGHT TO TRANSFER EMPLOYMENT.....................................................................................23 62. OWNER=S RIGHT TO SUSPEND OR TERMINATE WORK.......................................................................23 63. DELAYS AND EXTENSION OF TIME..........................................................................................................25 64. LIQUIDATED DAMAGES...............................................................................................................................26 65. OTHER CONTRACTS......................................................................................................................................26 ' 66. USE OF PREMISES..........................................................................................................................................27 67. SUBSTANTIAL COMPLETION DATE..........................................................................................................27 68. PERFORMANCE TESTING............................................................................................................................27 69. OWNER'S USE OF PORTIONS OF THE WORK...........................................................................................27 70. CUTTING AND PATCHING...........................................................................................................................28 71. CLEANING UP.................................................................................................................................................28 72. PAYMENT FOR CHANGE ORDERS.............................................................................................................28 73. PARTIAL PAYMENTS....................................................................................................................................31 74. CLAIMS............................................................................................................................................................33 75. NOTICE OF CLAIM FOR DELAY..................................................................................................................33 76. RELEASE OF LIENS OR CLAIMS.................................................................................................................34 77. FINAL PAYMENT............................................................................................................................................34 78. NO WAIVER OF RIGHTS...............................................................................................................................34 79. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE.............................................................34 1 1 I I I I I I I I DOCUMENT 00700 GENERAL CONDITIONS These General Conditions contain contractual -legal Articles that establish the requirements and conditions governing responsibility, policy, and procedures that apply during the construction and warranty period. This part of the Contract Documents is pre-printed. Any modifications to the following Articles that are special to the Project under consideration will be made in the Supplementary Conditions. Requirements and conditions that have special significance to the Contract for the contemplated Work on this Project are as set forth in the remaining Sections of these Contract Documents. DEFINITIONS Wherever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows: AS APPROVED The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the Engineer". ' 2. AS SHOWN, AND AS INDICATED I I I I I I I The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Drawings". 3. BIDDER The person or persons, partnership, firm, or corporation submitting a Bid for the Work contemplated. 4. CONTRACT The "Contract" is the written agreement covering the performance of the Work and the furnishing of labor, materials, incidental services, tools, and equipment in the construction of the Work. It includes supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders. I FY002262 Fayetteville Water Tank Repainting 00700 - 1 5. CONTRACT DOCUMENTS The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions of the Contract, the Specifications, and the Drawings, including all modifications thereof incorporated into the Documents before their execution, and including all other requirements incorporated by specific reference thereto. These form the Contract. 6. CONTRACTOR The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by the Owner. 7. DAYS Unless otherwise specifically stated, the term "days" will be understood to mean calendar days. F:. iJtaikLst] The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, sealed by the Engineer, which show the location, character, dimensions, and details of the Work to be performed. Drawings may either be bound in the same book as the Project Manual or bound separately and are a part of the Contract Documents, regardless of the method of binding. 9. ENGINEER The person or organization identified as such in the Contract. The term "Engineer" means the Engineer or his authorized representative. 10. NOTICE The term "notice" or the requirement to notify, as used in the Contract Documents or applicable state or federal statutes, shall signify a written communication delivered in person or by certified or registered mail to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended. Certified or registered mail shall be addressed to the last business address known to him who gives the notice. The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. FY002262 Fayetteville Water Tank Repainting 00700 - 2 C ' 11. OR EQUAL ' The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design ' requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. ' 12. OWNER The person, organization, or public body identified as such in the Contract. 13. PLANS (See Drawings). 14. SPECIFICATIONS Those portions of the Contract Documents consisting of written technical descriptions 1 of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. J J I I I 'J J I Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. Where portions of the Work traverse or cross federal, state, county, or local highways, roads, streets, or railroads, and the agency in control of such property has established standard specifications governing items of Work that differ from these Specifications, the most stringent requirements shall apply. The Contractor shall comply with all regulations and requirements of the State Highway Department and the City and County Road Departments wherever the Work traverses or crosses state, city, or county roads. 15. NOTICE TO PROCEED A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform his obligation under the Contract. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. I FY002262 Fayetteville Water Tank Repainting 00700 - 3 16. 17 SUBSTANTIAL COMPLETION "Substantial completion" shall be that degree of completion of the Project, or a defined portion of the Project, sufficient to provide the Owner, at his discretion, the full-time use of the Project or defined portion of the Project for the purposes for which it was intended. Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. WORK The word "Work" within these Contract Documents shall include all material, labor, and tools; all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract; and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure. As used herein, "provide" shall be understood to mean "provide complete in place", that is, "furnish and install". CONTRACT DOCUMENTS 18. 19 INTENT OF CONTRACT DOCUMENTS The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Documents is to include all Work (except specific items to be furnished by the Owner) necessary for completion of the Contract. Materials or -Work described in words which so applied have a well-known technical and trade meaning shall be held to refer to such recognized standards. DISCREPANCIES AND OMISSIONS Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order: CONTRACT SUPPLEMENTARY CONDITIONS SPECIFICATIONS INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS DRAWINGS FY002262 Fayetteville Water Tank Repainting , 00700-4 I • • Figure dimensions on Drawings shall take precedence over scale dimensions. Detailed Drawings shall take precedence over general Drawings. It is understood and agreed that t the Work shall be performed and completed according to the true spirit, meaning, and intent of these Documents. 20. ALTERATIONS - CHANGES IN WORK The Owner, without notice to the Sureties and without invalidating the Contract, may order changes in the Work within the general scope of the Contract by altering, adding to, or deducting from the Work, the Contract being adjusted accordingly. All such Work shall be executed under the conditions of the original Contract, except as specifically adjusted at the time of ordering such change. I I I H I I L H I I In giving instructions, the Engineer may order minor changes in the Work not involving extra cost and not inconsistent with the purposes of the Project, but otherwise, except in an emergency endangering life or property, additions or deductions from the Work shall be performed only in pursuance of an approved Change Order from the Owner, signed or countersigned by the Engineer, or a Change Order from the Engineer stating that the Owner has authorized the deduction, addition, or change, and no claim for additional payment shall be valid unless so ordered. If the Work is reduced by alterations, such action shall not constitute a claim for damages based on loss of anticipated profits. 21. SUB -SURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter sub -surface and/or latent conditions at the site materially differing from those shown on the Drawings or indicated in the Specifications, the Contractor shall immediately give notice to the Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly investigate the conditions, and if the Engineer finds that they materially differ from those shown on the Drawings or indicated in the Specifications, the Engineer will at once make such changes in the Drawings and/or the Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in the Paragraph titled "Changes in Work." 22. VERIFICATION OF CONTRACT DOCUMENTS The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the Work, the general and local conditions and all other matters which can in any way affect the Work under this Contract. ' FY002262 Fayetteville Water Tank Repainting 00700 - 5 Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. The Contractor warrants that no verbal agreement or conversation with any officer, agent, or employee of the Owner or with the Engineer either before or after the execution of this Contract, has affected or modified any of the terms or obligations herein contained. 23. 24. 25 DOCUMENTS TO BE KEPT ON THE JOB SITE The Contractor shall keep one copy of the Contract Documents on the job site, in good order, available to the Engineer and to his representatives. The Contractor shall maintain on a daily basis at the job site, and make available to the Engineer on request, one current record set of the Drawings which have been accurately marked up to indicate all modifications in the completed Work that differ from the design information shown on the Drawings. Upon substantial completion of the Work, the Contractor shall give the Engineer one complete set of marked up record Drawings. Failure of the Contractor to submit accurate Record Drawings to the Engineer will be adequate justification for postponement of the Final Inspection and Final Payment. ADDITIONAL CONTRACT DOCUMENTS The Engineer will furnish to the Contractor on request and free of charge, three copies of the Project Manual and three sets of full-size Drawings. Additional copies of the Project Manual and the Drawings may be obtained on request by paying the price as shown in the Invitation to Bid for the Contract Documents. OWNERSHIP OF DRAWINGS All Drawings, Plans, Specifications, and copies thereof furnished by the Engineer and the Owner are their property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to them on request at the completion of the Work. Any reuse of these materials without specific written verification or adaptation by the Engineer and the Owner will be at the risk of the user and without liability or legal expense to the Engineer and the Owner. Such user shall hold the Engineer and the Owner harmless from any and all damages, including reasonable attorneys' fees, from any and all claims arising from any such reuse. Any such verification and adaptation by the Engineer and the Owner will entitle the Engineer to further compensation at rates to be agreed upon by the user and the Engineer and the Owner. All models are the property of the Owner. FY002262 Fayetteville Water Tank Repainting , 00700-6 ' THE ENGINEER ' 26. AUTHORITY OF THE ENGINEER The Engineer shall be the Owner's representative during the construction period. His authority and responsibility shall be limited to the provisions set forth in these Contract Documents. The Engineer shall have the authority to reject Work and material which ' does not conform to the Contract Documents. However, neither the Engineer's authority to act under this provision, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, their respective Sureties, any of their agents or employees, or any other person performing any of the Work. I I I I I [1 I I I I I Li 27. DUTIES AND RESPONSIBILITIES OF THE ENGINEER The Engineer will make periodic visits to the site of the Project to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. He shall not be required to make comprehensive or continuous inspections to check quality or quantity of the Work, and he shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. The Engineer will make decisions, in writing, on all claims of the Owner or the Contractor arising from interpretation or execution of the Contract Documents. Such decision shall be necessary before the Contractor can receive additional money under the terms of the Contract. Changes in Work ordered by the Engineer will be made in compliance with the Article titled, ALTERATIONS - CHANGES IN WORK. One or more construction observers may be assigned to observe the Work for compliance with the Contract Documents and to act in matters of construction under this Contract. It is understood that such Construction observers shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. The Contractor shall furnish all reasonable assistance required by the Engineer or construction observer for proper review of the Work. I FY002262 Fayetteville Water Tank Repainting 00700-7 Construction observers shall not have the power or authority to delete, increase, modify or otherwise change the requirements of the Contract Documents. The above - mentioned observation shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work and to provide adequate safety precautions, in conformance with the intent of the Contract. REJECTED MATERIAL Any material condemned or rejected by the Engineer or his authorized construction observer because of nonconformity with the Contract Documents shall be removed at once from the vicinity of the Work by the Contractor at his own expense, and the same shall not be used on the Work. 4J 31 UNNOTICED DEFECTS Any defective Work or material that may be discovered by the Engineer before the final acceptance of Work, or before final payment has been made, or during the guarantee period, shall be removed and replaced by Work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the Engineer to condemn or reject bad or inferior Work or materials shall not be construed to imply acceptance of such Work or materials. The Owner shall reserve and retain all of its rights and remedies at law against the Contractor and its surety for correction of any and all latent defects discovered after the guarantee period. RIGHT TO RETAIN IMPERFECT WORK If any part or portion of the Work done or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the Work dangerous or unsuitable, or if the removal of such Work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such Work but shall make such deductions in the final payment therefore as may be just and reasonable. The Owner shall also have the option to require, at no added cost to the Owner, extended warranties, maintenance bonds, or other remedies to provide for repair or reconstruction of imperfect Work. LINES AND GRADES The Contractor shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that the Engineer may make the necessary measurements for payment to the Contractor. FY002262 Fayetteville Water Tank Repainting , 00700-8 I ' All stakes, a and in case employees, Contractor's larks, and other information shall be carefully preserved by the Contractor, of their careless or unnecessary destruction or removal by him or his such stakes, marks, and other information will be replaced at the expense. ' Figured dimensions, when given in the Drawings, shall be accurately followed, even though they may differ from scaled measurements. No Work shown on the Drawings, ' the dimensions of which are not figured, shall be executed until instructions have been obtained from the Engineers as to the dimensions to be used. Large-scale and full-size drawings shall be followed in preference to small-scale drawings. The Engineer will provide the Contractor with bench marks to be used to establish grades and will also provide a baseline to be used to establish the proper lines. All Work done under this Contract shall be done to the lines and grades shown on the Drawings. The Contractor ' shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that the Engineer may make the necessary measurements for payment to the Contractor. The Contractor shall furnish without charge competent persons from his force and such tools, stakes, surveying instruments, and other materials as the Engineer may require for reviewing the Contractor's stake -out of the Work and in making measurements for payment estimates or for surveys to establish temporary or permanent reference marks in connection with said Work. Any Work done without lines, grades, and levels being reviewed by the Engineer, or other representative of the Engineer, may be ordered removed and replaced at the Contractor's cost and expense. The Contractor shall carefully preserve all monuments, bench marks, reference points, and stakes, and in case of willfiil or careless destruction of the same, he will be charged with the resulting expense of replacement and shall be ' responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of ' these stakes and marks causes a delay in the Work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or bench marks which must of necessity be removed or disturbed in the construction of the Work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also furnish at his own expense such materials and assistance as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. I H I FY002262 Fayetteville Water Tank Repainting 00700 - 9 32. SHOP DRAWING SUBMITTAL PROCEDURE The Contractor shall submit a sufficient number of copies to allow the Engineer to retain four copies (2 for himself; 2 for the Owner) for review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for construction, except as noted below. Should the Contractor fail to submit acceptable shop drawings on the second submittal, one copy will be returned to him and the cost of the Engineer's time to review subsequent submittals on the unacceptable item will be deducted from the Contractor's monthly payment invoice. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days per submittal for examining the shop drawings. These shop drawings shall be accurate, distinct, and complete and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. Unless otherwise approved by the Engineer, shop drawings shall be submitted only by the Contractor, who shall indicate by a signed stamp on the shop drawings, or other approved means, that he (the Contractor) has checked the shop drawings, and that the Work shown is in accordance with Contract requirements and has been checked for dimensions and relationship with Work of all other trades involved. The practice of submitting incomplete or unchecked shop drawings for the Engineer to correct or finish will not be acceptable, and shop drawings which, in the opinion of the Engineer, clearly indicate that they have not been checked by the Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to the Contractor for resubmission in the proper form. When the shop drawings have been reviewed by the Engineer, two (2) sets of submittals will be returned to the Contractor appropriately stamped. If major changes or corrections are necessary, the shop drawing may be rejected and one (1) set will be returned to the Contractor with such changes or corrections indicated, and the Contractor shall correct and resubmit the shop drawings in quadruplicate, unless otherwise directed by the Engineer. No changes shall be made by the Contractor to resubmitted shop drawings other than those changes indicated by the Engineer, unless such changes are clearly described in a letter accompanying the resubmitted shop drawings. FY002262 Fayetteville Water Tank Repainting t 00700-10 The review of such shop drawings and catalog cuts by the Engineer shall not relieve the Contractor from responsibility for correctness of dimensions, fabrication details, and space requirements or for deviations from the Contract Drawings or Specifications unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. ' 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS The Engineer will furnish, with reasonable promptness, additional instructions by ' means of drawings or otherwise, if, in the Engineer's opinion, such are required for the proper execution of the Work. All such drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable ' therefrom. THE CONTRACTOR AND HIS EMPLOYEES 34. INDEPENDENT CONTRACTOR The Contractor shall perform all Work under this Contract as an Independent Contractor and shall not be considered as an agent of the Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. The Contractor shall employee only employees who are competent and skillful in their respective line of work, and local labor shall be given preference. Whenever the Engineer or the Owner notify the Contractor that any person on this work is, in their opinion, incompetent, disorderly, or refuses to carry out the provisions of this Contract, or uses threatening or abusive language to any person representing the Owner on the ' work or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the ' Engineer by the Owner. 35. SUBCONTRACTING Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer the names of all subcontractors proposed for the Work, including the names of ' any subcontractors that were submitted with the Bid. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform Work of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. I I FY002262 Fayetteville Water Tank Repainting 00700 - 11 The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. INSURANCE AND LIABILITY I� ii IL C. Ct1tt`►I. : a The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Each certificate shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the Owner. In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. All insurance contracts and certificates shall be executed by a licensed resident agent of the insurance company, having his place of business in the State of Arkansas, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said insurance company shall be duly licensed and qualified to do business in the State of Arkansas. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's FY002262 Fayetteville Water Tank Repainting ' 00700-12 • • Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act when applicable. Employer's Liability Insurance shall be extended to ' include waiver of subrogation to the Owner. D. GENERAL LIABILITY INSURANCE ' The Contractor shall maintain during the life of this Contract such independent contractor=s general liability, completed operations and products liability, and ' automobile liability insurance as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this ' Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. ' Coverage for property damage shall be on a "broad form" basis with no exclusions for "X, C, and U." The certificate of insurance shall explicitly waive X, C, and U exclusions. Amount of insurance to be provided shall be as shown below: 1) Contractor's Comprehensive General Liability Insurance General Aggregate: Not less than $2,000,000 ' Completed Operations Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit 2) Contractor's Comprehensive Automobile Liability Insurance Shall include Personal Injury and Property Damage coverage for AAny Auto®, AHired Autos@, and ANon-Owned Auto@ at a Combined Single Limit of not less than $1,000,000. ' 3) Contractor's Excess Umbrella Policy: $1,000,000 limit of liability policy shall be provided. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. ' The Contractor's and any subcontractor's general liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of Work performed under ' this Contract. Certificates of insurance shall explicitly name the Owner and Engineer as additional insureds. Inclusion of either party as Acertificate holder@ does not meet this requirement. I FY002262 Fayetteville Water Tank Repainting 00700- 13 E. G PROPERTY INSURANCE Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain during the life of this Contract, property insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: 1) include the interests of the Contractor, subcontractors, and the Owner as such interests may appear; 2) be written on a Builder=s Risk Aall risk@ or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary facilities, falsework, and Work in transit. The policy shall insure against at least the following perils: fire, lightning, theft, vandalism and malicious mischief, earthquake, collapse, debris removal occasioned by enforcement of Laws and Regulations, water damage, and other such perils as may be specifically required by the Supplementary Conditions or Basic Requirements; 3) include expenses incurred in the repair, replacement, redesign, or reinspection of any insured property; and 4) cover materials and equipment stored at the site, or at another location that was agreed to in writing by the Owner, prior to being incorporated in the Work. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE (OCP INSURANCE) The Contractor shall, at his expense, provide the Owner with a separate OCP Insurance Policy naming the Owner as the Insured and the Engineer as Additional Insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. It is understood that the coverage shall apply to all authorized representatives of the said parties. The limits of policy coverage shall be: General Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the Supplementary Conditions. FY002262 Fayetteville Water Tank Repainting 1 00700-14 H. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS ' In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. ' 37. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' fees, up to the amount of the Contract price, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not approximately caused by the negligence of ' any indemnitee in the design, or by the sole negligence of any indemnitee in the inspection of the Work that is the subject of this construction Contract. ' In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation ' under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. 38. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes, including any and all change of taxes thereof, and all withholding taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. ' 39. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the Work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the ' Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees ' necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. ' The Contractor shall observe and comply with all applicable local, state, and federal occupational safety and health regulations during the prosecution of Work under this Contract. FY002262 Fayetteville Water Tank Repainting 00700-15 • In addition, full compliance by the Contractor with the U. S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be required under the terms of this Contract. 40. SUPERINTENDENCE The Contractor shall keep on the Work, during its progress, competent supervisory personnel. The Contractor shall designate, in writing, before starting Work, one authorized representative who shall have complete authority to represent and to act for the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the Work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the Work under the Contract. 41. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized representative of the Contractor, shall represent the Contractor in all directions given to him by the Engineer. Such directions of major importance will be confirmed in writing. Any direction will be so confirmed, in each case, on written request from the Contractor. 42. SANITATION Sanitary conveniences conforming to state and local codes shall be erected and maintained by the Contractor at all times while workers are employed on the Work. The sanitary convenience facilities shall be as approved by the Engineer. 43. EMPLOYEES The Contractor shall employ only men or women who are competent and skillful in their respective line of work. Whenever the Engineer or Owner shall notify the Contractor that any person on the Work is, in their opinion, incompetent, unfaithful, or disorderly or refuses to carry out the provisions of this Contract or uses threatening or abusive language to any person representing the Owner on the Work, or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. 44. PROJECT MEETINGS The Engineer may conduct Project meetings, as he deems necessary, for the purposes of discussing and resolving matters concerning the various elements of the Work. Time and place' for these meetings and the names of persons required to be present shall be as directed by the Engineer. Contractor shall comply with these attendance requirements and shall also require his subcontractors to comply. FY002262 Fayetteville Water Tank Repainting , 00700-16 45. SAFETY I I I I I [1 The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U. S. Department of Labor (OSHA); the State Labor Department Laws; all other applicable federal, state, county, and local laws, ordinances, and codes; the requirements set forth below; and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. ' The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the job site, safety equipment applicable to the Work as prescribed by the ' aforementioned authorities, all articles necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the job site. ' If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. In addition, the ' Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 46. CONTRACTOR'S TOOLS AND EQUIPMENT The Contractor's tools and equipment used on the Work shall be furnished in sufficient quantity ' and of a capacity and type that will safely perform the Work specified, and shall be maintained and used in a manner that will not create a hazard to persons or property, or cause a delay in the progress of the Work. ' FY002262 Fayetteville Water Tank Repainting 00700-17 47. PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. The Contractor shall at all times safely guard and protect from damage his own Work, and that of adjacent property (as provided by law and the Contract Documents). All passageways, guard fences, lights, and other facilities required £orprotection by federal, state, or municipal laws and regulations and local conditions, must be provided and maintained. , The Contractor shall protect his Work and materials from damage due to the nature of the Work, the elements, carelessness of other Contractors, or from any cause whatever until the completion and acceptance of the Work. All loss or damages arising out of the nature of the Work to be done under these Contract Documents, or from any unforeseen obstruction or defects which may be encountered in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor. In addition, the Contractor shall take special precautions to prevent the "flotation" of all tanks and structures prior to their final acceptance and filling for beneficial use. The Contract price shall include all costs associated with such special precautions. Also, the Contractor shall not load or permit any part of any structure to be loaded with a weight that will endanger its safety or its structural integrity. 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the Owner or Engineer, as the situation may warrant. The Contractor shall notify the Engineer thereof immediately thereafter. Any claim for compensation by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Owner through the Engineer and the amount of compensation shall be determined by agreement. 49. MATERIALS AND APPLIANCES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, , tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. In selecting and/or approving equipment for installation in the Project, the Owner and Engineer assume no responsibility for injury or claims resulting from failure of the equipment to comply with applicable national, state, and, local safety codes or requirements, or the safety requirements of a recognized agency, or failure due to faulty design concepts, or defective ' workmanship and materials. FY002262 Fayetteville Water Tank Repainting ' 00700-18 I • • 1 50. CONTRACTORSAND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, ' OSHA, AND OTHER CODE REQUIREMENTS The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work ' (including Owner -selected equipment) subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. ' Contractors shall notify all equipment suppliers and subcontractors of the provisions of this Article. ' 51. SUBSTITUTION OF MATERIALS Except for Owner -selected equipment items and items where no substitution is clearly ' specified, whenever any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of manufacturer, or by catalog number, such specifications shall be deemed to be used for the purpose of establishing a ' standard of quality and facilitating the description of the material or process desired. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design, and shall be deemed to be ' followed by the words "or equal". The Bidder may, in such cases, submit complete data to the Engineer (with his Bid, as stipulated hereinbefore) for consideration of another material, type, or process which shall be substantially equal in every respect to that so indicated or specified. ' Substitute materials shall not be used unless approved in writing. The Owner or his authorized agent will be the sole judge of the substituted article or material. ' 52. TESTS, SAMPLES, AND INSPECTIONS The Contractor shall furnish, without extra charge, the necessary test pieces and samples, ' including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish certificates of tests of materials and equipment made at ' the point of manufacture by a recognized testing laboratory. The Owner, Engineer, authorized government agents, and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. I I IFY002262 Fayetteville Water Tank Repainting 00700-19 0 0 1 If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give timely notice of its readiness for inspection. Inspections to be conducted by the Engineer will be promptly made, and where practicable, at the source of supply. If any Work should be covered up without approval or consent of the Engineer, it shall be uncovered for examination at the Contractor's expense. 53. ROYALTIES AND PATENTS The Contractor shall pay all royalty and license fees, unless otherwise specified. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Engineer harmless from any and all loss, including reasonable attorneys' a fees, on account thereof, up to the amount of the Contract Price. 54. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the Work should be stopped under an order of any court or other public authority for a period of more than 3 months, through no act or fault of the Contractor, its Subcontractors, or respective employees or agents, then the Contractor may, upon 15 days' written notice to the Owner and the Engineer, if said default has not been cured, stop Work or terminate this Contract and recover from the Owner payment for the reasonable value of Work performed. 55. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD , The Contractor hereby agrees to make, at his own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which become evident within 1 year after the date of final acceptance of the Work or within 1 year after the date of substantial completion established by the Engineer for specified items of equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all Work and materials provided by subcontractors or manufacturers of packaged equipment components. The effective date for the start of the guarantee or warranty period for equipment qualifying as substantially complete is defined in Article 16, SUBSTANTIAL COMPLETION, and Article 67, SUBSTANTIAL COMPLETION DATE, in these General Conditions. The Contractor also agrees to hold the Owner and the Engineer harmless from liability of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order for same from the Owner. II I FY002262 Fayetteville Water Tank Repainting ' 00700 - 20 If the Contractor fails to make the repairs and replacements promptly, the Owner may do the Work, and the Contractor and his Surety shall be liable for the cost thereof. Any additional ' requirements for the Project relative to correction of defective Work after final acceptance are set forth in the Supplementary Conditions. ' PROGRESS OF THE WORK ' 56. BEGINNING OF THE WORK Before Work shall be started and materials ordered, the Contractor shall meet and consult with the Owner and/or Engineer relative to materials, equipment, and all arrangements for prosecuting the Work. ' 57. SCHEDULES AND PROGRESS REPORTS The Contractor shall submit to the Owner such schedule of quantities and costs, progress ' schedules, payrolls, reports, records, and other data as the Owner may request concerning Work performed or to be performed under this Contract. ' Construction Schedule Requirements: The Contractor shall comply with the following requirements concerning construction scheduling and payments: ' The Contractor shall submit a construction schedule of the bar graph type (or other approved type) prior to the preconstruction conference showing the following information as a minimum: ' a. Date of Notice to Proceed with Contract Work. b. Actual date construction is scheduled to start if different from the date of Notice to Proceed. ' c. Contract completion date. Id. Beginning and completion dates for each phase of Work. e. The dates at which special detail drawings are required. f. Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, and the installation of materials, supplies, and equipment. g. All construction milestone dates. h. A separate graph showing Work placement in dollars versus Contract time. I IFY002262 Fayetteville Water Tank Repainting 00700-21 S S The schedule shall incorporate approved Contract changes. The schedule shall be maintained in an up-to-date condition monthly and shall be available for inspection at the construction site at all times. The construction schedule shall be submitted in conjunction with and/or in addition to any other requirements concerning schedules within these Specifications. 58. 59 The construction schedule shall be updated and submitted with each monthly request for payment. Should the Contractor fall behind said schedule, he shall present in writing to the owner a revised plan of action to complete the project on time. Methods may include, but are not limited to additional manpower, equipment, working overtime, etc.. As may be required. Also, the construction schedule shall be revised accordingly. Failure to submit such revised construction schedule and written explanation shall be reason to withhold payment entirely or reduce payment substantially. PROSECUTION OF THE WORK I It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the Work are the essence of this Contract. The Work shall be prosecuted at such time, and in or on such part or parts of the Project as may be required, to complete the Project , as contemplated in the Contract Documents and the approved construction schedule. Regular Work hours shall be from 7:00 a.m. to 6:00 p.m. Monday through Friday. No Work requiring the presence of the Engineer's representative will be performed outside of regular Work hours. The cost of additional engineering services will be based upon actual hours worked (labor cost x 3) plus out-of-pocket expenses such as lodging, mileage, materials, etc. Otherwise, the Contractor may perform clean-up work only outside of regular hours (including Saturdays and Sundays). No Work will be accomplished on holidays. ASSIGNMENT Neither party to the Contract shall assign the Contract or sublet it as a whole, without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner. -] I I FY002262 Fayetteville Water Tank Repainting ' 00700-22 60. OWNER'S RIGHT TO DO WORK ' If the Contractor should, in the opinion of the Engineer, neglect to prosecute the Work properly or should neglect or refuse at his own cost to take up and replace Work as shall have been rejected by the Engineer, then the Owner shall notify the Surety of the condition, and ' after 10 days' written notice to the Contractor and the Surety, or without notice if an emergency or danger to the Work or public exists, and without prejudice to any other right which the Owner may have under the Contract, take over that portion of the work which has been improperly executed or uncompleted, and make good the deficiencies and deduct the cost thereof from the payments then or thereafter due the Contractor, and if such p ymays ' are not sufficient thereof, charge the cost to the Contractor and its surety. 61. OWNER'S RIGHT TO TRANSFER EMPLOYMENT ' If the Contractor should abandon the Work or should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed Ion account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if he should fail to make prompt payment to subcontractors for ' material or labor, or persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract or any laws or ordinance. The Owner may, without prejudice to any other right or remedy, and after giving the ' Contractor and Surety 7 days' written notice, transfer the employment for said Work from the Contractor to the Surety. Upon receipt of such notice, such Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing ' the Work included under this Contract and employ, by Contract or otherwise, any qualified person or persons to finish the Work and provide the materials therefore, in accordance with the Contract Documents, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to such Surety, the Surety shall be paid in its own name ' on estimates according to the terms hereof without any right of the Contractor to make any claim for the same or any part thereof. If after the furnishing of said written notice to the Surety, the Contractor and the Surety still fail to make reasonable progress on the performance of the Work, the Owner may terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the Work by whatever method he may deem expedient and charge the cost thereof to the Contractor and Surety. In such case, the Contractor shall not be ' entitled to receive any further payment until the Work is finished. If the expense of completing the Contract, including compensation for additional managerial and administrative services, shall exceed such unpaid balance, the Contractor and the Surety shall pay the difference to the ' Owner. H ' FY002262 Fayetteville Water Tank Repainting 00700 - 23 0 62. OWNER=S RIGHT TO SUSPEND OR TERMINATE WORK Owner may suspend work under the following conditions: I At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contract makes an approved claim therefor as provided in per the General Conditions. Owner may terminate: ' Upon the occurrence of any one or more of the following events: 1. If Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established in the Contract Documents. 2. If Contractor disregards Laws or Regulations of any public body having jurisdiction. 3. If Contractor disregards the authority of the Engineers. 4. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents. Owner may, after giving Contractor (and the surety, if any) seven days= written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor=s tools, appliances, construction equipment, and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. , In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work such excess' will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and when so' approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under the paragraph Owner shall not be required to obtain the lowest price for the Work performed. Where Contractor=s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner 'against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release, Contractor from liability. FY002262 Fayetteville Water Tank Repainting ' 00700 - 24 I Upon seven days= written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Contractor shall be paid (without duplication of any items): I1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work. '2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in ' connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses. 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts ' with Subcontractors, Suppliers and others. 4. For reasonable expenses directly attributable to termination. ' Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ' 63. DELAYS AND EXTENSION OF TIME If the Contractor is delayed in the progress of the Work by any separate Contractor employed by ' the Owner, or by strikes, lockouts, fire, excessive adverse weather conditions not reasonably anticipated (on the basis of official weather records from the past ten years, minimum, from the locality involved), or acts of God, the Contractor shall, within 48 hours of the start of the ' occurrence, give written notice to the Owner of the cause of the potential delay and estimate the possible time extension involved, and within 7 days after the cause of delay has been remedied, the Contractor shall given written notice to the Owner of any actual time extension requested as ' a result of the aforementioned occurrence; then the Contract time may be extended by Change Order for such reasonable time as the Engineer determines. ' It is agreed that no claim shall be made or allowed for any damages which may arise out of any delay caused by the above referenced acts or occurrences, other than claims for the appropriate extension of time. No extension of time will be granted to the Contractor for delays occurring to parts of the Work ' that have no measurable impact on the completion of the total Work under this Contract; nor will extension of time be granted for delays to parts of Work that are not located on the critical path if the Critical Path Method (CPM) is used for scheduling the Work. No extension of time will be considered for weather conditions normal to the area in which the Work is being performed. Unusual weather conditions, if determined by the Engineer to be of a severity that would stop all progress of the Work, may be considered as cause for an extension of Contract completion time. The Contractor shall provide official documentation of weather conditions experienced versus those anticipated as described above. 1 Delays in delivery of equipment or material purchased by the Contractor or his subcontractors (including Owner -selected equipment) shall not be considered as a just cause for delay. The ' Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. ' FY002262 Fayetteville Water Tank Repainting 00700-25 Within a reasonable period after the Contractor submits to the Owner a written request for an extension of time, the Engineer will present his written opinion to the Owner as to whether an extension of time is justified, and, if so, his recommendation as to the number of days for time extension. The Owner will make the final decision on all requests for extension of time. In no event shall the Contractor be entitled under this Contract to collect or recover any damages, loss, or expense incurred by any delay other than as caused by the Owner, as stipulated in the Article titled, NOTICE OF CLAIM FOR DELAY. LIQUIDATED DAMAGES The Work shall begin at the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall be completed within the number of consecutive calendar days, or by the calendar date, stated in the accepted Bid and Contract. The time shall be computed from and including the date stated in the Notice to Proceed. It is agreed that time is of the essence of this Contract. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate or progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual construction conditions prevailing in this locality. If the Contractor shall neglect, fail, or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, a penalty put as liquidated damages for such breach of Contract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the Work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from current periodic pay estimates. 65. OTHER CONTRACTS The Owner reserves the right to award other Contracts in connection with the Work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work and shall properly connect and coordinate his Work with theirs. FY002262 Fayetteville Water Tank Repainting ' 00700 - 26 If any part of the Work under this Contract depends on the prior acceptable completion of Work ' by others under separate Contract(s), the Contractor shall inspect and promptly report to the Engineer any defects in such Work that would adversely affect the satisfactory completion of the Work under this Contract. The Contractor's failure to so inspect and report shall constitute ' acceptance of the Work by others as being suitable for the proper reception and completion of the Work under this Contract, excluding, however, those defects in the Work by others that occur after the satisfactory completion of the Work specified hereunder. ' 66. USE OF PREMISES ' The Contractor shall confine his equipment, the storage of materials, and the operation of his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or directions of the Engineer, and shall not unreasonably encumber the premises with his materials. The ' Contractor shall provide, at his own expense, the necessary rights -of -way and access to the Work which may be required outside the limits of the Owner's property. ' 67. SUBSTANTIAL COMPLETION DATE The Engineer may, at his sole discretion, issue a written notice of substantial completion for the purpose of establishing the starting date for specific equipment guarantees, and to establish the date that the Owner will assume the responsibility for the cost of operating such equipment. Said notice shall not be considered as final acceptance of any portion of the Work or relieve the ' Contractor from completing the remaining Work within the specified time and in full compliance with the Contract Documents. ' Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. Substantial completion of an operating facility shall be that degree of completion that will ' provide a minimum of 7 continuous work days of successful operation in which all performance and acceptance testing has been successfully demonstrated to the Engineer. All equipment contained in the Work, plus all other components necessary to enable the Owner to operate the ' facility in the manner that was intended, shall be complete on the substantial completion date. See "SUBSTANTIAL COMPLETION" under Article DEFINITIONS, of these General Conditions. 68. PERFORMANCE TESTING Operating equipment and systems shall be performance tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under such simulated operating ' conditions as recommended or approved by the Engineer. Schedule such testing with the Engineer at least 1 week in advance of the planned date for testing. I I FY002262 Fayetteville Water Tank Repainting 00700 - 27 69. OWNER'S USE OF PORTIONS OF THE WORK The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work. Such use shall not be considered as final acceptance of any portion of the Work, nor shall such use be considered as cause for an extension of the Contract completion time, unless authorized by a Change Order issued by the Owner. 70. CUTTING AND PATCHING The Contractor shall do all cutting, fitting, or patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by Work of other Contractors shown upon or reasonably implied by the Drawings. Any defective Work or material, performed or furnished by the Contractor, that may be discovered by the Engineer before the final acceptance of the Work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the Contractor. 71. CLEANING UP The Contractor shall, at all times, at his own expense, keep property on which Work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish, and waste materials resulting from his operations. PAYMENT 72. PAYMENT FOR CHANGE ORDERS Payment or credit for any alterations covered by a Change Order shall be determined by one or a combination of the methods set forth in A, B, or C below as applicable: A. UNIT PRICES. If applicable, those unit prices stipulated in the Bid, shall be utilized. If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually agreed upon. B. LUMP SUM. A total lump sum for the Work may be negotiated as mutually agreed upon by the Contractor and Owner. In "A" and "B" above, Contractor's quotations for Change Orders shall be in writing and firm for a period of 90 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the Work or alteration defined in the Change Order. [] FY002262 Fayetteville Water Tank Repainting ' 00700 - 28 I I I I [1 I I I I I I I I H H H By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the Work or alteration plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. The Owner's request for quotations on alterations to the Work shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. Lump sum quotations for alterations to the Work shall include substantiating documentation with an itemized breakdown of Contractor and subcontractor costs, including labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. C. FORCE ACCOUNT WORK. If the method of payment cannot be agreed upon prior to the beginning of the Work, and the Owner or the Engineer directs that the Work be done by written Change Order or on a force account basis, then the Contractor shall furnish labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time. For the Work performed, payment will be made for the documented actual cost of the following: 1) Labor, including foremen, who are directly assigned to the force account Work: (actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements, labor insurance, and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by the Owner. 2) Material delivered and used on the designated Work, including sales tax, if paid for by the Contractor or his subcontractor. 3) Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4) Additional bond, as required and approved by the Owner. 5) Additional insurance (other than labor insurance) as required and approved by the Owner. To costs under 72C, FORCE ACCOUNT WORK, there shall be added the following fixed fees for the Contractor or subcontractor actually performing the Work: A fixed fee not to exceed 15 percent of the cost of all items above. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. [1 FY002262 Fayetteville Water Tank Repainting 00700 - 29 The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item 3 above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of Work paid for on a force account basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate of each day's force account Work no later than the working day following the performance of said Work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily report sheets shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or his authorized agent. To receive partial payments and final payment for force account Work, the Contractor shall submit in a manner approved by the Engineer, detailed and complete documented verification of the Contractor's and any of his subcontractors' actual current costs involved in the force account Work pursuant to the issuance of an approved Change Order. Such costs shall be submitted within 30 days after said Work has been performed. No payment will be made for Work billed and submitted to the Engineer after the 30 -day period has expired. No extra or additional Work shall be performed by the Contractor, except in an emergency endangering life or property, unless in pursuance of a written Change Order, as provided in ALTERATIONS -CHANCES IN WORK. ' I I I FY002262 Fayetteville Water Tank Repainting 1 00700 - 30 i i • 73. PARTIAL PAYMENTS A. GENERAL Nothing contained in this Article shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid Work, should such Work be later found not to comply with the provisions of the Contract Documents. All estimated quantities of Work for which partial payments have been made are subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of Work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. For public works projects, each partial payment request and final payment request shall contain an affidavit by the Contractor that all provisions of the applicable federal and state requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. ' B. ESTIMATE AND PAYMENT Before the first working day of each calendar month, the Contractor shall submit to the ' Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the Work completed in ' accordance with the Contract Documents, and the value of approved materials delivered to the Project site suitably stored and protected prior to incorporation into the Work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the ' Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. An estimate of monthly progress payments shall be provided for the entire job prior to the first payment request. An update of the estimate of progress payments shall be ' updated if the actual progress differs by more than 20 percent in any given month. Each monthly payment request shall include the required updated Schedule. ' If the updated Schedule is not submitted, the Owner may withhold payment until this item is completed. The Contractor shall be paid within 30 days of approval of the payment request. I I I I FY002262 Fayetteville Water Tank Repainting 00700 - 31 C. DEDUCTION FROM ESTIMATE ' Unless modified in the Supplementary Conditions, deductions from the estimate will be as described below. The Owner will deduct from the estimate, and retain as part security, 10 percent of the amount earned for Work satisfactorily completed. However, no deduction or retainage will be made on the approved items of material delivered to and properly stored at the job site but not incorporated into the Work. When the Work is 50 percent complete, the Owner may "freeze" the retainage at 5 percent of the dollar value of the total contract provided that the Contractor is making satisfactory progress and there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent of the dollar value of" Work complete to date" if the Owner determines, at his discretion, that the Contractor is not making satisfactory progress or where there is other specific cause for such withholding. NOTE: Exception --If the Work includes water or sewer pipelines, the Contractor shall maintain the Work for a period of ninety (90) days following its acceptance by the OWNER. ' Up to five percent (5%) of the Contract amount shall be retained during this maintenance period. All prior payments shall be subject to correction in the final payment. This 90 -day period does not relieve the Contractor of the Performance and Payment Bond requirements regarding warranty of the Project. In such cases, the semi-final payment estimate shall indicate the initial acceptance of the Work, and the warranty shall begin on such date. D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS DELIVERED Unless modified in the Supplementary Conditions, qualification for partial payment for materials delivered but not yet incorporated in to the Work shall be as described below. Materials, as used herein, shall be considered to be those items which are fabricated or manufactured material and equipment. To receive partial payment for materials delivered to the site, but not incorporated in the Work, it shall be necessary for the Contractor to include invoices of such materials and documentation warranting that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein; all of which must be satisfactory to , Owner. At the time of the next partial payment request, the Contractor must submit the following documentation relative to materials paid on the previous partial payment: paid invoices of such materials or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (i.e., all materials have been paid for by Contractor). Failure to submit this documentation will result in an appropriate reduction on the current partial payment , estimate for such materials. FY002262 Fayetteville Water Tank Repainting , 00700 - 32 At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. E. PAYMENT After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor within 30 days of the Owner's receipt of an approved request, except where ' the Owner is a municipality or other agency whose laws require the approval of each payment by a council or similar body, in which case, the payment shall become due and payable 10 days after the first regularly -scheduled meeting in the month following the ' submittal of such payment request. 74. CLAIMS In any case where the Contractor deems additional compensation is due him for Work or materials not clearly covered in the Contract or not ordered by the Engineer according to ' provisions of Article 20 ALTERATIONS - CHANGES IN WORK, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the Work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. ' Claims for additional compensation shall be made in itemized detail and submitted, in writing, to the Owner and Engineer within 10 days following completion of that portion of the Work for ' which the Contractor bases his claim. In case the claim is found to be just, it shall be allowed and paid for as provided in the Article titled, PAYMENT FOR CHANGE ORDERS. ' 75. NOTICE OF CLAIM FOR DELAY If the Contractor intends to file a claim for additional compensation for delay caused by the I Owner at a particular time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and need not state the amount. No claim for additional compensation will be considered unless the ' provisions of Article 61, DELAYS AND EXTENSION OF TIME, are complied with, and a notice of claim has been filed with the Owner in writing, as stated above. 1 IFY002262 Fayetteville Water Tank Repainting 00700-33 76. 77 78. 0 0 1 Should the Owner be prevented or enjoined from proceeding with Work, either before or after its prosecution, or from authorizing its prosecution by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the Work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay, with such determination to be set forth in writing. , RELEASE OF LIENS OR CLAIMS The Contractor shall indemnify and save harmless the Owner from all claims for labor and , materials furnished under this Contract. Prior to the final payment, the Contractor shall firrnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the Project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the Project, and that the hourly wages paid to all persons on the Project were in accordance with the applicable wage scale determinations. FINAL PAYMENT Upon completion of all of the Work under this Contract, the Contractor shall notify the Engineer, in writing, that he has completed his part of the Contract and shall request final ins ecfl, p on. Upon receipt of the Contractor's written notice that the Work is ready for final inspection, the Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed Work and as to the final estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner. and compliance with provisions in Article titled, RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage certification. NO WAIVER OF RIGHTS Neither the inspection of the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole or any part of the Work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract, or any power herein reserved to the Owner, or any right to damages herein provided nor shall any waiver of any breach in this Contract be held to be a waiver of any other or subsequent breach. I I I I I I L I I FY002262 Fayetteville Water Tank Repainting ' 00700-34 1 7 9 . ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE ' The acceptance by the Contractor of the final payment shall release the Owner and the Engineer, as agent of the Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the Work, and every act of the Owner and others relating Ito or arising out of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from obligations under this Contract and the Performance and Payment Bonds, and other bonds and warranties, as herein provided. 1 END OF GENERAL CONDITIONS DOCUMENT 00700 I Ii I 11 11 I I I I I I IFY002262 Fayetteville Water Tank Repainting 00700-35 [-j I 11 I L I I I H Li I I DOCUMENT 00800 SUPPLEMENTARY CONDITIONS The GENERAL CONDITIONS are hereby revised as follows: Add the new article as follows: Work that is unsatisfactory, faulty, or deficient in that such Work does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation for final payment (unless the Owner has assumed responsibility for protection thereof at Substantial Completion). ARTICLE 9. "ENGINEER" Delete the first sentence. ARTICLE 16. "SUBSTANTIAL COMPLETION" Replace the word "Project" wherever it occurs with the word "Work". Delete the second paragraph and add the following: Substantial Completion shall be evidenced by a definitive Certificate of Substantial Completion or by the Engineer's written recommendation that the Work is complete and ready for final payment. The date of Substantial Completion shall be the effective date on the certificate or the date the Engineer recommends for final payment, whichever occurs first. ARTICLE 28. "REJECTED MATERIAL" Delete entirely and replace with the following: ARTICLE 28. "REJECTED WORK" Any Work condemned or rejected as defective by the Engineer shall be removed at once ' from the vicinity of the Work by the Contractor at his own expense (unless such Work is Owner -provided material equipment) and shall not be used on the remainder of the Work. ' ARTICLE 52. "TESTS, SAMPLES, AND INSPECTIONS" Add the following: FY002262 Fayetteville Water Tank Repainting Section 00800 - I 0 0 1 COMPACTION AND CONCRETE TESTING I Owner's materials testing agency shall conduct field soil density/moisture content and 1 concrete testing as required by Owner, Engineer, and the Contract documents. The Owner shall pay for all such initial testing. Contractor shall provide the testing agency 24 hours prior notice for any testing. The Contractor shall pay: for all retesting necessitated by unsatisfactory results of initial testing, for all testing not specifically required by Owner, Engineer, or Contract Document; and for any stand-by time charged by the testing agency for Contractor delay. Contractor shall also be responsible for the safe storage of molded concrete cylinders and delivery of same to the testing agency's laboratory. ARTICLE 55. "CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY 1 PERIOD" Delete entirely and replace with the following: 1 ARTICLE 55. "CONTRACTOR'S GENERAL WARRANTY & GUARANTEE & CORRECTION PERIOD" I The Contractor warrants and guarantees to the Owner that all Work will be in accordance with the Contract Documents and will not be Defective Work. The Contractor's warranty and guarantee excludes defective Owner -provided material and equipment; however, it does not exclude the Contractor's workmanship in incorporating such material and equipment in the remainder of the Work. If, within one year after the date of Substantial Completion or longer period of time as prescribed by Laws, Regulation, or specific provisions of the Contract Documents, any Work is found to be Defective Work, the Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instruction. 1) Correct the Defective Work or remove and replace it with Work that is not defective, and 1 2) Satisfactorily correct or remove and replace any damage to other Work resulting therefrom. Where Defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article, the warranty and guarantee period shall be extended for an additional year after the date the Owner accepts such correction or removal and replacement. If the Contractor fails to promptly make such correction or removals and replacements, or in an emergency where delay would cause serious risk loss or damage, the Owner may have the Defective Work corrected or removed and replaced. In such instance the Contractor shall pay all resulting claims, costs, losses and damages. I FY002262 Fayetteville Water Tank Repainting Section 00800 - 2 1 I I C I ARTICLE 58. "PROSECUTION OF THE WORK" Delete and replace with 58. "PROSECUTION OF THE WORK; WORKING HOURS; OBSERVATION HOURS" Owner and Contractor expressly understand and agree that the time of beginning, rate of progress, and time of completion of the Work are of the essence in this Contract. Contractor shall prosecute the Work at such time and in such parts of the Work as may be required to complete the Work within the Contract Times or on or before the dates established for completion, except as limited below. Contractor's Working Hours: Except as otherwise required for the safety or protection of persons, the Work, or property at or adjacent to the site, and except as otherwise stated in the Contract Documents, Contractor shall limit work at the site to period between 7:00 A.M. and 6:00 P.M., Monday through Friday. Contractor will not permit work outside these hours or on Saturday, Sunday or legal holiday without Owner's consent (which will not be reasonably withheld) and prior notice to Engineer. The intent of this limitation is to minimize the impact of construction work on those living or conducting business near or adjacent to the site. Engineer's Observation Hours: Contractor is expected to schedule and prosecute the Work in a manner that will not require observation for more than 40 hours per week, on Sundays, or on legal holidays. Contractor shall reimburse Owner for all ' observation in excess of 40 hours per week or on Sundays or holidays (such holidays being New Years Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day). The method of reimbursement shall be a deduction from monies due ' Contractor on pay requests and shall be calculated as follows: $55/hour times the sum of all observers' hours, as recorded on certified time sheets as devoted to this project, less 40 hours -or- $55 x (SUMaaswis-40). ' ARTICLE 67. "SUBSTANTIAL COMPLETION DATE" Delete entirely. ' ARTICLE 73. "PARTIAL PAYMENTS" Delete the last sentence under Paragraph B. "ESTIMATE AND PAYMENT" and • substitute the following: After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the Contractor, in accordance with the approved payment request, within thirty (30) days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. 1 I ' FY002262 Fayetteville Water Tank Repainting Section 00800 - 3 ARTICLE 73. "PARTAL PAYMENTS" Delete the sentence under Paragraph E. "PAYMENT" and substitute the following: After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor. After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the Contractor, in accordance with the approved payment request, within thirty (30) days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. END OF SUPPLEMENTARY CONDITIONS FY002262 Fayetteville Water Tank Repainting Section 00800 - 4 I L I 1 1 I I C1 SECTION 01000 ABBREVIATIONS PART! GENERAL A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning shall be interpreted as follows: AA Aluminum Association AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AFBMA Anti -Friction Bearing ManufacturersAssociation AGA American Gas Association AGMA American Gear Manufacturers' Association AISC American Institute of Steel Construction AISI American Institute of Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute AREA American Railway Engineering Association ASAE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air -Conditioning Engineers, Inc. ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWS American Welding Society AWPA American Wood Preservers' Association AWPB American Wood Preservers Bureau AWWA American Water Works Association ' BHMA Builders Hardware Manufacturers' Association I I I I CBMA Certified Ballast Manufacturers' Association CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers= Association of America CRSI Concrete Reinforcing Steel Institute EPA Environmental Protection Agency Fed. Spec. Federal Specifications HI Hydraulic Institute HMI Hoist Manufacturers' Institute ' FY002262 Fayetteville Water Tank Repainting Section 01000-I L. 1 ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers, Inc. ICEA Insulated Cable Engineers' Association ISA Instrument Society of America TIC Joint Industry Conferences of Hydraulic Manufacturers MMA Monorail Manufacturers' Association NBHA National Builders' Hardware Association NEC National Electrical Code NEMA National Electrical ManufacturersAssociation NESC National Electric Safety Code NFPA National Fire Protection Association NLMA National Lumber Manufacturers' Association NWMA National Woodwork Manufacturers' Association OECI Overhead Electrical Crane Institute OSHA Occupational Safety and Health Act (both Federal and State) PS Product Standards Section - U.S. Department of Commerce RLM RLM Standards Institute, Inc. RMA Rubber Manufacturers' Association SAE Society of Automotive Engineers SDI Steel Door Institute SSPC Steel Structures Painting Council TEMA Tubular Exchange Manufacturers' Association TCA Tile Council of America UBC Uniform Building Code UL Underwriters' Laboratories, Inc. WWPA Western Wood Products Association B. Unless a particular issue is designated, all references to the above specifications, standards, or methods shall, in each instance, be understood to refer to the issue in effect (including all amendments) on the first published date of the Advertisement for Bids. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01000-2 ' I 0 I IPARTI GENERAL I I I I I I I I I I I I I SECTION 01009 SUMMARY OF WORK 1.01 REQUIREMENTS INCLUDED A. This Section describes the project in general, and provides overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in applicable Specification sections and is shown on the Drawings. The Contractor shall, except as otherwise specifically stated herein or in any applicable parts of the Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, and completion of his work. 1.02 REASONABLY IMPLIED PARTS OF THE WORK SHALL BE DONE THOUGH ABSENT FROM SPECIFICATIONS A. Any part of the work which is not mentioned in the Specifications but is shown on the Drawings, or any part not shown on the Drawings but described in the Specifications, or any part not shown on the Drawings nor described in the Specifications, but which is necessary or normally required as a part of such work, or is necessary or required to make each installation satisfactorily and legally operable, shall be performed by the Contractor as incidental work without extra cost to the Owner, as if fully described in the Specifications and shown on the Drawings, and the expense thereof shall be included in the applicable unit prices or lump sum bid for the work. 1.03 DESCRIPTION OF THE PROJECT A. Work covered by these Contract Documents in general covers the construction of the following facilities: Cleaning and repainting the interior and exterior of the west ground storage tank located at Rodgers Drive. This tank has a volume of four million gallons, a diameter of 140 feet and a water depth of 36 feet. The tank is of welded steel construction and has a knuckle radius joint between the top of the sidewall and the roof. The base bid shall be for a high pressure wash of the tank exterior, followed by complete cleaning at failed areas in the existing coating, a primer system for the failed areas and a top coat system over the existing coating and primed spot repairs. Interior cleaning shall include removal of any residual sediment after the tank is drained and the interior work shall include disinfection of the completed interior in accordance with these Specifications and Arkansas Department of Health standards. 2. The existing cathodic protection system in the tank shall be removed and replaced. The new system installation shall be coordinated with the painting work, with handhole covers in the tank roof being painted to match the interior and exterior paint systems, as applicable. ' FY002262 Fayetteville Water Tank Repainting Section 01009-I • A new 24 mesh stainless steel insect screen shall be installed in the roof vent of each tank, upon completion of the painting work. The existing vent is 16 -inches in diameter. It may be removed and replaced, or removed and replaced with a larger vent, if the Contractor needs the opening afforded by this removal for venting the tank while painting. 4. The tank has an electrical conduit to an obstruction light fixture at the center roof vent. This light fixture has been broken by vandals. The remaining fixture components and the electrical conduit shall be removed from the tank top and side ladder. The light conduit shall be removed to the level of the tank foundation and the conduit stub up remaining at the foundation shall be sealed. The tank has two 24 -inch diameter sidewall manways and two 24 -inch diameter roof manways. The Contractor shall provide and install two additional roof manways, either 24 -inch diameter or 24 -inch square as needed to facilitate venting during the painting operations. New roof hatches shall have rainproof lockable covers. The opening shall be fitted with a raised water tight wall projecting at least six inches above the surrounding surface. The frame shall be closed with a solid water tight cover with edges projecting downward at least two inches around the outside of the frame. The hatch shall be provided with inside and outside handles, and lock hasp. 6. The Contractor may cut an equipment access opening through the tank wall provided that details for reinforcing the opening before it is cut, details of the opening to be cut, details of the weld area for restoration, and details of the weld testing procedures are submitted to the Engineer and approved prior to the start of the opening construction. All welding for this opening, for the new roof manways, any roof vent changes or other tank rehabilitation work shall conform to AWWA D100-96, Standards for "Welded Steel Elevated Tanks, Standpipes, and Reservoirs for Water Storage." All welders shall be tested and all welds shall be tested as required by AWWA D100-96. Keep the inlet/outlet pipe covered while working on the tank interior, to prevent debris from entering the pipe. Complete all work on the tank, disinfect it and obtain Health Department approval of the disinfection results prior to placing this tank back in service. 1 PART 2 PRODUCTS A. Not used. 1 PART 3 CONTRACTOR'S RESPONSIBILITIES 3.01 GENERAL CONSTRUCTION WORK A. The Contractor shall execute all work, including site, structural, piping, equipment, electrical work and finishes. B. The Contractor shall also: 1 1. Provide temporary sanitary toilet facilities. I FY002262 Fayetteville Water Tank Repainting Section 01009-2 I 171 I 1 I I I • 2. Pay for all electrical energy consumed for construction purposes. 3. Provide and pay for temporary service lighting of temporary offices and work areas. 4. Provide replacement lamps for temporary lighting. 5. Provide temporary heat; make all arrangements and pay fuel costs; supervise and maintain all heating units. 6. Provide telephone service for his own use and for the Engineer's use. 7. Provide an adequate supply of potable drinking water for use by his employees and by the Engineer. 8. Provide and maintain fire protection in working order during the entire construction period. 9. Coordinate with the Engineer and Owner all interruptions of the existing water operations. Do not operate water system valves. The Owner shall operate valves as necessary to drain and fill the tank. 3.02 DRAWINGS A. There are no Drawings. END OF SECTION I I 11 I I [1 FY002262 Fayetteville Water Tank Repainting I Section 01009-3 1 • • ' SECTION 01011 SITE CONDITIONS PARTI GENERAL 1.01 SITE INVESTIGATION AND REPRESENTATION A. The Contractor acknowledges by submission of his Bid that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and ' uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters ' which can in any way affect the work or the cost thereof under this contract. B. The Contractor further acknowledges by submission of his Bid that he has satisfied himself as to the character, quality, and quantity of materials to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating ' the difficulty or cost of successfully performing the work. C. In the event subsurface or latent physical conditions are found materially different ' from those indicated in these Documents, and differing materially from those ordinarily encountered in the project area and generally recognized as inhering in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. D. The Engineer will investigate such conditions promptly and following this ' investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for ' performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or ' time for completion. 1.02 EXISTING UTILITIES A. Existing utilities in the vicinity of the project include water lines belonging to the City of Fayetteville, and underground electrical and telephone conduit. No attempt has been made to locate all these utilities and private services. Since specific utility ' locations are not shown on the Drawings, the Contractor shall carefully coordinate the locations of utilities with their respective owner's. No compensation will be paid to the Contractor, due to costs associated with damages to utilities or to costs associated with locating/avoiding same. The Engineer and Owner will cooperate with the Contractor and utility firms where possible, to reasonable avoid existing utilities. FY002262 Fayetteville Water Tank Repainting Section 01011 - I 1.03 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE A. Utilities on site consist of Fayetteville's water mains and tank drain lines, as well as electrical and phone service lines. Notify the Owner and obtain the Owner's authorization prior to completing any work that would impact any existing utility lines. 1.04 PAYMENT A. No separate payment will be made for work under this Section. PART 2 PRODUCTS A. Not used. PART 3 EXECUTION A. Not used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01011 -2 SECTION 01014 PROTECTION OF THE ENVIRONMENT PARTI GENERAL 1.01 WORK AREAS A. The Contractor shall maintain all work areas within and outside the project boundaries free from environmental pollution which would be in violation to any federal, state, or local regulations. 1.02 PROTECTION OF WATERWAYS A. The Contractor shall observe the rules and regulations of the State of Arkansas and agencies of the United States Government prohibiting the pollution of stream or river waters by dumping of any refuse, rubbish, or debris therein. 1.03 PROTECTION OF AIR QUALITY A. Trash burning will not be permitted on the construction site. ' B. If temporary heating devices are necessary for protection of the work, such devices shall be of an approved type that will not cause pollution of the air. I1.04 CONSTRUCTION NOISE CONTROL A. The Contractor shall conduct all his work, use appropriate construction methods and ' equipment, and furnish and install acoustical barriers, all as necessary so that no noise emanating from the process or any related tool or equipment will exceed legal noise levels. ' 1.05 NIGHTTIME WORK A. If the Contractor desires to perform any work between the hours of 6 P.M. and 7 ' A.M., he shall obtain approval of the Engineer and all necessary permits from the appropriate agencies and make all necessary arrangements prior to commencing. The City of Fayetteville has an ordinance governing noise levels during specific nighttime hours. If the Contractor anticipates nighttime work, he should become familiar with the noise restrictions. 1.06 EROSION CONTROL A. The Contractor shall take steps to insure that excess erosion does not occur during the ' construction process. Areas disturbed by the Contractor that are subject to erosion shall be protected with hay bales, by spreading hay over the area, by temporary seeding, or by utilizing other methods deemed appropriate by the Contractor. Steps taken to prevent erosion shall not be a pay item. 1 FY002262 Fayetteville Water Tank Repainting Section 010t4- I L] C 1.07 PAYMENT A. Payment for the work in this Section will be included as part of the applicable lump sum bid amount stated in the Proposal. PART 2 PRODUCTS A. Not used. PART 3 EXECUTION A. Not used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01014-2 I I I El I I I I L 11 I I I I I I SECTION 01016 SAFETY REQUIREMENTS AND PROTECTION OF PROPERTY PARTI GENERAL 1.01 CONTRACTOR'S RESPONSIBILITY FOR SAFETY A. The Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. 02 FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS A. Safety provisions shall conform to the Federal and State Department of Labor Occupational Safety Health Act (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. B. The existing tank has two 24 -inch diameter wall manways and two 24 -inch diameter roof manways. Two additional roof manways are to be installed. An equipment access opening may be cut in the tank wall if desired by the Contractor, provided that reinforcement and welding requirements are met. It may be necessary to install additional new manways or other ventilation opening to comply with ventilation and enclosed space safety standards. In the event that new manways are constructed, their fabrication shall conform to existing manway characteristics, Health Department criteria and approved fabrication drawings. 1.03 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS A. The Contractor shall at all times provide proper facilities for safe access to the work by authorized government officials. 1.04 CONSTRUCTION SAFETY PROGRAM A. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. B. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisors, the safety program, or any safety measures taken in, on, or near the construction site. FY002262 Fayetteville Water Tank Repainting Section 01016- 1 1.05 SAFETY EQUIPMENT A. The Contractor, as part of his safety program, shall maintain at his office or other well-known place at the job site, safety equipment applicable to the work as prescribed by the governing safety authorities, all articles necessary for giving first -aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of any person who may be injured on the job site. B. The performance of all work and all completed construction, particularly with respect to ladders, platforms, structure openings, scaffolding, shoring, lagging, machinery guards and the like, shall be in accordance with the applicable governing safety authorities. C. During construction, the Contractor shall construct and at all times maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steel plates, as applicable, at all openings, obstructions, or other hazards in sidewalks, floors, roofs, walkways, parking areas and driveways. All such barriers shall have adequate warning lights as necessary, or required, for safety. 1.06 ACCIDENT REPORTS 1.07 A. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. B. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. TRAFFIC SAFETY AND ACCESS TO PROPERTY A. Comply with all rules and regulations of the city, state, and county authorities regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by express permission of the Owner. Conduct the work so as to assure the least possible obstruction to traffic and normal commercial pursuits. Protect all obstructions within traveled roadways by installing approved signs, barricades, and lights where necessary for the safety of the public. The convenience of the general public and residents adjacent to the project, and the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. B. When flagmen and guards are required by regulation or when deemed necessary for safety, they shall be furnished with approved orange wearing apparel and other regulation traffic control devices. FY002262 Fayetteville Water Tank Repainting Section 01016-2 I ' 1.08 TRAFFIC CONTROL IA. Traffic control procedures and devices used on all local, county, and state rights -of -way shall meet the requirements of the applicable current laws and regulations for traffic control. ' 1.09 ACCESS FOR POLICE A. The Contractor shall leave his night emergency telephone number or numbers with the Police Department, so that contact may be made easily at all times. 1.10 FIRE PREVENTION AND PROTECTION A The Contractor shall perform all work in a fire -safe manner and shall supply and maintain on the site adequate fire -fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable federal, local, and state fire -prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction ' Operations, (NFPA No. 241) shall be followed. 1.11 CONTRACTOR TO SAFEGUARD EXISTING UTILITIES ' A. The Contractor shall perform all work, including excavation, dewatering, and demolition operations, in such a manner as to avoid damage to existing water mains, ' fire hydrants, sewer lines, gas mains, telephone and TV cables, power poles, lighting standards, and all other existing utilities, public or private. See Section 01011, SITE CONDITIONS. 1.12 PROTECTION OF PUBLIC/PRIVATE PROPERTY A. The Contractor shall employ such means and methods as necessary to adequately protect public and private property against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property. B. The Contractor shall exercise due care to avoid damage to existing pipe and coatings, ' wrappings, sewers, conduit, or other existing utilities. Should the Contractor damage or displace any of the above, the Contractor shall repair same to the satisfaction of the Engineer and all expenses in connection therewith shall be borne solely by the ' Contractor. 1.13 PAYMENT A. Payment for the work in this Section will be included as part of the lump sum amounts stated in the Proposal. No separate payment will be made for installing new manways. 1 FY002262 Fayetteville Water Tank Repainting Section 01016-3 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01016-4 • SECTION 01027 APPLICATIONS FOR PAYMENT ' PART1 GENERAL 1.01 REQUIREMENTS INCLUDED ' A. Procedures for preparation and submittal of Applications for Payment. 1.02 RELATED REQUIREMENTS A. Document 00500 - Owner -Contractor Agreement: Contract Sum, Amounts of 'Progress Payments, and Retainages, and times for submittals. ' B. Section 01300 - Submittals: Submittal procedures; Schedule of Values. C. Section 01700 - Contract Closeout: Final Payment. ' 1.03 FORMAT A. For each item, provide a column for listing: Item Number; Description of Work; Scheduled Value, Previous Applications; Work in Place; Stored Materials; Authorized Change Orders; Total Completed and Stored to Date of Application; ' Percentage of Completion; Balance to Finish; and Retainage. 1.04 PREPARATION OF APPLICATION IA. Type required information or use media -driven printout. ' B. Execute certification by signature of authorized officer. C. Provide dollar value in each column for each line item for portion of Work ' performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing ' Change Order number and dollar amount as for an original item of Work. E. Prepare Application for Final Payment as specified in Section 01700. 1.05 SUBMITTAL PROCEDURES A. Submit five copies of each Application for Payment at times stipulated in Agreement. I ' FY002262 Fayetteville Water Tank Repainting Section 01027- I B. Submit under transmittal letter specified in Section 01300. 1.06 SUBSTANTIATING DATA A. Provide an invoice from the Material Supplier for every item of stored material for which payment is requested. B. When Engineer requires substantiating information, submit data justifying line item amounts in question. C. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01027-2 I 1 I 1 1 1 I 1 SECTION 01028 CHANGE ORDER PROCEDURES PARTI GENERAL 1.01 REQUIREMENTS INCLUDED A. Procedures for processing Change Orders. 1.02 RELATED REQUIREMENTS A. Section 01700 - Contract Closeout: Project record documents. 1.03 SUBMITTALS A. Submit name of the individual authorized to accept changes, and to be responsible for informing others in Contractor's employ of changes in the Work. B. Change Order Form: As approved by the Engineer. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME A. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. B. Provide data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. C. Support each claim for additional costs, and for work done, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. FY002262 Fayetteville Water Tank Repainting Section 01028- I 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.05 PRELIMINARY PROCEDURES A. Engineer may submit a Proposal Request which includes: Detailed description of change with supplementary or revised Drawings and Specifications, the projected time for executing the change and the period of time during which the requested price will be considered valid. B. Contractor may initiate a change by submittal of a request to Engineer describing the proposed change with a statement of the reason for the change, and the effect on Contract Sum and Contract Time with full documentation. 1.06 CONSTRUCTION CHANGE AUTHORIZATION - WORK DIRECTIVE CHANGE A. Engineer may issue a directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. Directive will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Promptly execute the change in Work. 1.07 TIME AND MATERIAL - FORCE ACCOUNT CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits in Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum and Contract Time as provided in Conditions of the Contract. 1.08 EXECUTION OF CHANGE ORDERS A. Engineer will issue Change Orders for signatures of parties as provided in Conditions of the Contract. 1.09 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum as shown on Change Order. I FY002262 Fayetteville Water Tank Repainting Section 01028-2 B. PART 2 PART 3 Promptly enter changes in Project Record Documents. PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01028-3 SECTION 01070 ICUTTING AND PATCHING ' PART1 GENERAL 1.01 SCOPE ' A. This Section includes the work required to provide complete, in place, cutting, fitting, and patching of new and existing work. 1.02 GENERAL ' A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the ' work specified herein and are mandatory for this project. 1.03 DESCRIPTION ' A. Execute cutting (including excavating), fitting, or patching of work, required to: 1. Make the several parts fit properly. ' 2. Uncover work to provide for installation of ill-timed work. 3. Remove and replace work not conforming to requirements of Contract Documents. 4. Remove and replace defective work. 5. Install specified work in existing construction. ' B. In addition to Contract requirements, upon written instructions of Engineer: II. Uncover work to provide for Engineer's observation of covered work. 2. Remove samples of installed materials for testing. 3. Remove work to provide for alteration of existing work. ' 4. Do not endanger any work by cutting or altering work or any part of it. 5. Do not cut or alter work of another contractor without written consent of Engineer ' 6. Do not cut structural or reinforcing steel without written consent of the Engineer. ' 1.04 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, ' SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. I IFY002262 Fayetteville Water Tank Repainting Section 01070 - I 1.05 SUBMITTALS A. Prior to cutting which affects structural safety of project, submit written notice to the Engineer and other Prime Contractors, requesting consent to proceed with cutting. B. Prior to "extra" cutting and patching done on instruction of Engineer, submit cost estimate. C. Should conditions of work, or schedule, indicate change of materials or methods, submit written recommendation to Engineer, including: I. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. 4. Submit written notice to Engineer, designating time • work will be uncovered, to provide for observation. PART 2 MATERIALS 2.01 GENERAL A. Materials for replacement of work removed shall comply with applicable Sections of these Specifications for type of work to be done. B. Provide all tools and equipment required to accomplish cutting and patching. PART 3 EXECUTION 3.01 INSPECTION A. Inspect existing conditions of work, including elements subject to movement or damage during cutting, patching, excavation, and backfilling. B. After uncovering work, inspect conditions affecting installation of new products. 3.02 PREPARATION A. Prior to cutting, provide shoring and protection. FY002262 Fayetteville Water Tank Repainting Section 01070-2 II ' 3.03 PERFORMANCE I A. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerance and finishes. B. Restore work which has been I cut or removed; install new products to provide completed work in accordance with requirements of Contract Documents. Li C. Refinish surfaces as practical to provide a finish which blends acceptably with the existing finish. ' 3.04 RESTORATION H A. Restore structures and surfaces damaged during the course of this Contract that are to remain in the completed work. B. Restorations shall be done with new materials and appropriate methods as specified elsewhere in these Specifications from new work of similar nature; or, if not specified, best recommended practice of manufacturer, or appropriate trade association. C. Restore damaged work in such a way that there is a secure and intimate bond or fastening between new and old work. Restored surfaces shall be finished to such planes, shapes, and textures that no obvious transition between new and old work is unduly noticeable in finished surfaces. 1 3.05 CLEANING I A. Remove from site all debris, rubbish, and extra material caused by cutting and patching. ' 3.06 PAYMENT I 11 [1 [1 I A. Payment for the work in this Section will be included as part of the lump sum bid amounts stated in the Proposal. END OF SECTION ' FY002262 Fayetteville Water Tank Repainting Section 01070-3 ' SECTION 01210 ' PRECONSTRUCTION CONFERENCES PART I GENERAL 1.01 SUMMARY ' A. Contractor participation in preconstruction conferences. ' 1.02 RELATED SECTIONS A. Section 01009- Summary of Work. 1.03 PRECONSTRUCTION CONFERENCE I A. Engineer will schedule conference as soon as practicable after receipt of approved bonds and proof of insurance. B. Attendance: 1. Owner 2. Engineer ' 3. Contractor 4. Major Subcontractors. IC. Agenda: 1. Distribution of Contract Documents. 2. Submittal of list of subcontractors, list of products, schedule of values, ' and progress schedule. 3. Designation of responsible personnel. 4. Procedures and processing of field decisions, submittals, substitutions, ' applications for payments, bid requests, change orders, and Contract closeout procedures. 5. Scheduling. ' 6. Responsibilities of Engineer. 7. Responsibilities of Owner. 8. Responsibilities of Contractor. ' 9. General Discussion of Contract. 10. Staking of Work. ' 11. Construction Observation. 12. Labor Requirements. 13. Rights -of -Way and Easements. ' 14. Other items as required by funding agencies. 15. Use of premises by Owner and Contractor. 16. Owner's requirements. I17. Construction facilities and controls provided by Owner. 18. Temporary utilities provided by Owner. FY002262 Fayetteville Water Tank Repainting Section 01210- I 1 C C 19. Security and housekeeping procedures. 20. Schedules. 21. Procedures for testing. 22. Procedures for maintaining record documents. 23. Requirements for retaining tanks to use. 24. Inspection and acceptance of tanks put into service during construction period. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01210-2 SECTION 01300 SUBMITTALS DURING CONSTRUCTION PARTI GENERAL 1.01 SUBMITTALS A. This Section outlines in general the items that the Contractor must prepare or assemble for submittal during the progress of the work. Costs for the work under this Section shall be included in the appropriate items of the Contractor's bid prices. There is no attempt herein to state in detail all of the procedures and requirements for each submittal. The Contractor's attention is directed to the ' individual Specification Sections in these Contract Documents which may contain additional and special submittal requirements. The Owner reserves the right to direct and modify the procedures and requirements for submittals as necessary to ' accomplish the specific purpose of each submittal. Should the Contractor be in doubt as to the procedure, purpose, or extent of any submittal, he should direct his inquiry to the Engineer. 1.02 ADMINISTRATIVE SUBMITTALS A. The Contractor shall provide all of the submittals required by the General Conditions, Supplementary Conditions, and as may be specifically required in ' other parts of these Documents. B. The Contractor is reminded of his obligation as required by law to make required submittals promptly to the applicable Federal, state, or local agency. Failure to comply with this requirement may result in the withholding or progress payments and make the Contractor liable for other prescribed action and sanctions. PART 2 TECHNICAL SUBMITTALS ' 2.01 GENERAL ' A. Requirements in this Section are in addition to any specific requirements for submittals specified in other Divisions and Sections of these Contract Documents. ' B. Submittals to the Engineer shall be addressed to: McClelland Consulting Engineers, Inc.; Attn: Mr. Robert White, P.O. Box 1229, Fayetteville, Arkansas 72702. C. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 1 FY002262 Fayetteville Water Tank Repainting Section 01300- I D. Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by the Contractor shall not add to the Contract amount, and all additional costs which may result therefrom shall be solely the obligation of the Contractor. E. The Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials therefore. F. It shall not be the responsibility of the Owner to provide engineering or other services to protect the Contractor from additional costs accruing from such approvals. Cl. No equipment or material for which listings, drawings, or descriptive material is required shall be fabricated, purchased, or installed until the Engineer has on hand copies of such approved lists and the appropriately stamped final shop drawings. H. Submittals will be acted upon by the Engineer as promptly as possible, and returned to the Contractor not later than the time allowed for review in SHOP DRAWING SUBMITTAL PROCEDURE. Delays caused by the need for resubmittals shall not constitute reason for an extension of Contract time. 2.02 2.03 2.04 SHOP DRAWING SUBMITTAL PROCEDURE A. See General and Supplemental Conditions. TRANSMITTAL OF CONTRACTOR'S SUBMITTAL FORM A. Each shop drawing submittal shall be accomplished by a Transmittal of Contractor's Submittal form. The form shall be completely filled in with all applicable information; failure to do so shall result in immediate rejection of the submitted items. SHOP DRAWING REQUIREMENTS A. Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field -fabricated items. The Contractor shall submit, as applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: FY002262 Fayetteville Water Tank Repainting Section 01300 - 2 , 1. GENERAL a. Shop drawings or equipment drawings, including dimensions, size and location of connections to other work, and weight of equipment. b. Catalog information and cuts. c. Installation or placing drawings for equipment, drives, and bases. d. Supporting calculations for equipment and associated supports, or hangers required or specified to be designed by equipment manufacturers. e. Complete manufacturer's specifications, including materials description and paint system. f. Performance data. g. Suggested spare parts list with current price information. h. List of special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics.) i. List of special tools furnished with the equipment. j. List of materials and supplies required for the equipment prior to, and during start-up. k. List of materials and supplied furnished with the equipment. 1. Samples of finish colors for selection. m. Special handling instructions. n. Requirements for storage and protection prior to installation. o. Requirements for routine maintenance required prior to start-up. FY002262 Fayetteville Water Tank Repainting Section 01300 - 3 0 0 1 2.05 SUBMITTALS REQUIRED FOR FOREIGN -MANUFACTURED ITEMS A. In addition to the submittal requirements stated above, suppliers of foreign -manufactured items shall submit the names and addresses of companies within the United States that maintain technical service representatives and complete inventory of spare parts and accessories for each foreign -made item proposed for incorporation into the work. Failure to prove the foregoing capabilities shall be just cause for rejection of the foreign -manufactured items. 2.06 RECORD DRAWINGS A. The Engineer will prepare a set of Record Drawings for the project which will ' include the changes made in materials, equipment, locations, and dimensions of the work. Two weeks prior to Final Inspection, the Contractor shall submit to the Engineer a current listing and description including marked -up prints of each , change incorporated into the work since the preceding submittal. 2.07 SUBMITTAL OF INTERFACE INFORMATION (CONNECTION AND I CORRELATION WITH OTHER WORK) A. Where called for on the Specifications, and as determined necessary by the Engineer to provide proper correlation with other equipment, complete interface information shall be submitted. This interface information shall be accurate, and contain all information necessary to allow the completion of detail design and construction of the interfacing or connecting work. The Contractor shall include in his negotiation for subcontract work, such agreements as may be necessary to ensure the accuracy of subcontractor's interface submittal information. In the event additional costs are incurred due to subsequent changes to information given in said interface information, such additional costs shall be borne by the Contractor. 2.08 SAMPLES AND TEST SPECIMENS A. Where required in the Specifications, test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the Work shall be submitted to the Engineer at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable. B. All samples and test specimens shall be submitted in ample time to enable the Engineer to make any tests or examinations necessary without delay to the work. The Contractor will be held responsible for any loss of time due to his neglect or failure to deliver the required samples to the Engineer, as specified. FY002262 Fayetteville Water Tank Repainting Section 01300-4 , I I I I [] I I I I I I L I C1 I I C. The Contractor shall submit additional samples as required by the Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D. Laboratory tests and examinations that the Owner elects to make at its own laboratory will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the Specifications, the cost of testing subsequent samples shall be borne by the Contractor. E. All tests required by the Specifications to be performed by an independent laboratory shall be made by an approved laboratory. Certified test results of all specified tests shall be submitted in duplicate to the Engineer. The samples furnished and the cost for the laboratory services shall be at the expense of the Contractor and included in the prices bid for the associated work. 2.09 CERTIFICATES OF COMPLIANCE A. A Certificate of Compliance shall be furnished for materials specified to a recognized standard or code prior to the use of any such materials in the work. The Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. B. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. C. The Engineer reserves the right to refuse permission for use as material on the basis of a Certificate of Compliance. D. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. E. Where Certification of Compliance is required in the Technical Specifications, the Contractor shall obtain from the supplier/manufacturer a certification stating that the particular piece of equipment or system will satisfy all requirements stated in the related Specification Section(s). ' FY002262 Fayetteville Water Tank Repainting Section 01300 - S 2.10 PAYMENT A. Payment for the work in this Section will be included as part of the lump sum bid amounts stated in the, proposal. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01300-6 I I SECTION 01311 SCHEDULE AND SEQUENCE OF OPERATIONS ' PARTI GENERAL 1.01 CONSTRUCTION SCHEDULE GENERAL PROVISIONS LI I A. No work shall be done between 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or legal holidays without the written permission of the Engineer. However, emergency work during these hours may be done without prior permission. ' 1.02 SEQUENCE OF CONSTRUCTION I I I u I LJ C! t: I A. The Contractor shall submit a diagram or chart indicating the construction sequencing and duration of each construction activity. 1.03 OVERALL SCHEDULE A. Immediately after opening bids, the low bidder will prepare a detailed schedule showing the sequence of work items to be accomplished. B. Schedule to be comprised of construction operations covering Work in connection with this Contract and shown in sufficient detail and with a minimum of work activities. Final total number of activities is subject to approval of Engineer. 2. Work Activity: Activity for which manpower is required and must be performed before the Project is considered complete. PART 2 PROGRESS OF THE WORK 2.01 GENERAL A. The work shall be started within 10 days of the Notice to Proceed from the Owner, and the work shall be executed with such progress as may be required to prevent any delay to the general completion of the project. B. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment to assure completion of the work in the time established by the Contract. IFY002262 Fayetteville Water Tank Repainting Section 01311 - I 2.03 2.04 2.05 OVERTIME NOTICE A. See GENERAL CONDITIONS and SUPPLEMENTAL CONDITIONS. PRECONSTRUCTION AND PROJECT COORDINATION MEETINGS A. A Preconstruction Conference and Project Coordination Meetings shall be held per the requirements of Section 01210 of these Specifications. OVERALL SCHEDULE A. The Contractor will be required to prepare and submit to the Engineer within 30 days after the award of Contract, an Overall Schedule. The Overall Schedule shall be comprised of construction operations covering all work to be done in connection with the Contract. B. The Overall Schedule covering work to be executed under the Contract shall be of sufficient detail and shall have a minimum of work activities. The final total number of activities shall be subject to the approval of the Engineer. A work activity is defined as an activity for which manpower is required and must be performed before the project is considered complete. C. The Overall Schedule shall indicate the sequence of work and the time of starting and completion of each part. It shall include, but not be limited to, the following items, as they pertain to the respective contractors: 1. Shop drawing and materials submittal receipt from Contractor, submitted to the Engineer, review, and return to Contractor. 2. 3. 4. 5. 6. PAYMENT Material and equipment order, manufacture, delivery, installation, and check-out. Performance tests and supervisory service activities. Tank painting and renovation, based on only one tank being out of service at any time. Final cleaning and disinfection. Allowance for inclement weather A. No separate payment shall be made for work under this Section. FY002262 Fayetteville Water Tank Repainting Section 01311 -2 PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01311 -3 SECTION 01400 QUALITY CONTROL PARTI GENERAL 1.01 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Mockups. F. ManufacturersField Services. G. Testing Laboratory Services. 1.02 RELATED REQUIREMENTS A. Section 01300- Submittals: Submittal of Manufacturer's Instructions. B. Section 02200: Tests required for earthwork. C. Section 03300: Tests required for concrete. 1.03 QUALITY CONTROL, GENERAL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. FY002262 Fayetteville Water Tank Repainting Section 01400- 1 C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.05 1.06 MANUFACTURERS' INSTRUCTIONS A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. MANUFACTURERS' CERTIFICATES A. When required by individual Specifications Section, submit manufacturer's certificate, in duplicate, that products meet or exceed specified requirements. 1.07 MOCKUPS Not used. 1.08 1.09 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specification Sections, require supplier or manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. TESTING LABORATORY SERVICES A. Owner will employ a Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections. B. Owner shall pay for initial laboratory testing. If, however, initial test fails, retesting must be paid for by the Contractor. C. Services will be performed in accordance with requirements of governing authorities and with specified standards. D. Reports will be submitted to Engineer, Owner and Contractor giving observations and results of tests, indicating compliance or non-compliance with specified standards and with Contract•Documents. Ii FY002262 Fayetteville Water Tank Repainting Section 01400-2 L S • 1 E. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, equipment, storage and assistance as requested. 1. Notify Engineer/Testing Laboratory 24 hours prior to expected time for operations requiring testing services. ' 2. Make arrangements with Testing Laboratory and pay for additional samples and tests for Contractor's convenience. PART2 PRODUCTS Not Used. 1 PART 3 EXECUTION Not Used. 1 END OF SECTION 1 FY002262 Fayetteville Water Tank Repainting Section 01400-3 CE CI I 11 I I I I I7 7 I I L SECTION 01500 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PARTI GENERAL 1.01 LAYOUT OF TEMPORARY FACILITIES A. The Contractor shall make his own arrangements for storage of materials and equipment in locations on and off the construction site. Security of the construction work, materials, and equipment is the sole responsibility of the Contractor. 1.02 STORAGE BUILDINGS A. The Contractor shall erect or provide as approved, temporary storage buildings of the various sizes as required for the protection of mechanical and electrical equipment and materials as recommended by manufacturers of such equipment and materials. The buildings shall be provided with such environmental control systems that meet recommendations of manufacturers of all equipment and materials stored in the buildings. The buildings shall be of sufficient size and so arranged or partitioned to provide security for their contents and provide ready access for inspection and inventory. At or near the completion of the work, and as directed by the Engineer, the temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. B. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well -ventilated building removed from other buildings. 1.03 STORAGE YARDS A. The Contractor shall construct temporary storage yards for the storage of materials that are not subject to damage by weather conditions. Materials such as pipe, reinforcing and structural steel, shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the Engineer and Owner. Storage areas shall be restored to their initial condition once they are no longer needed. ' FY002262 Fayetteville Water Tank Repainting Section 01500- 1 1.04 CONTRACTOR'S WORK AREA ' A. The Contractor shall limit his operations and storage of equipment and materials to the Owner's tank site property and to the areas authorized by individual property owners and approved by the Engineer and Owner. B. The Contractor shall maintain the area during construction in a manner that will ' not obstruct operations of any existing roads. He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. C. Contractor's operations shall not block the Owner's access to the pump station, valves, water tanks and other facilities remaining in service on the tank site. 1.05 TEMPORARY ACCESS ROADS AND PARKING ' A. The Contractor shall construct temporary construction access roads, parking areas, and detours as are required to execute the work. The roads shall meet with the approval of the Engineer, and be maintained in good condition until no longer needed; at which time the temporary roads shall be removed and the area left in a condition satisfactory to the property owner and Engineer. 1.06 TEMPORARY WATER CONTROL A. The Contractor's operations shall not result in any diversions to existing surface water drainage ways. PART 2 UTILITIES ' 2.01 CODES AND SAFETY A. The Contractor shall be responsible for obtaining inspections and paying for ' permits required for the installation of all temporary utilities. Also, the Contractor shall be solely responsible for the safe use/operation of all temporary utilities. ' 2.02 SANITARY FACILITIES A. The Contractor shall provide and maintain sanitary facilities for his employees and his subcontractors' employees that will comply with the regulations of the local and State health departments and as directed by the Engineer. I I FY002262 Fayetteville Water Tank Repainting Section 01500-2 ' I I I I I I 2.03 TEMPORARY WATER A. The Owner will provide a place of temporary connection for water near the site if the Contractor desires and if it can be determined that the Contractor's usage will not interfere with the Owner's normal requirements. The Contractor shall provide all temporary piping required to bring the water to the point of use and remove it when no longer needed. The Contractor's water usage shall be metered thru a portable meter provided by the Fayetteville Meter Department. The Contractor shall pay Fayetteville's standard rates for use of the meter and for the quantity of water consumed. B. The Contractor will provide required pumps, pressure tanks, etc. if necessary to boost pressure at his points of usage. ' 2.04 WATER FOR TESTING I I A. The Owner shall provide the necessary water required for testing equipment and for filling the water tank prior to acceptance of the work. B. In the event that the water tank leaks, requiring refilling and retesting, the Contractor shall pay for the water required for second and subsequent filling and testing. Payment will be made in accordance with the City's water rates. ' 2.05 PROTECTION OF THE FINISHED CONSTRUCTION I A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state. 1 2.06 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES I I Irl I I A. At such time or times any temporary construction facilities and utilities are no longer required for the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As approved, the Contractor shall remove the temporary facilities and utilities from the site as his property and, leave the site in such condition as specified, as directed by the Engineer, and/or as shown on the Drawings. B. In unfinished areas, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded as necessary, and left with an appearance equal to, or better than, original. ' FY002262 Fayetteville Water Tank Repainting Section 01500-3 2.07 A. PART 3 Payment for the work under this Section will be included as part of the lump sum bid amounts stated in the Proposal. EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01500-4 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01600 MATERIAL AND EQUIPMENT SHIPMENT, HANDLING, STORAGE, AND PROTECTION PARTI GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Products List. F. Substitutions. G. Systems Demonstration. 1.02 RELATED REQUIREMENTS A. Section 01009- Administrative Provisions: Summary of Work B. Section 01400 - Quality Control: Submittal of manufacturers' certificates. 1.03 PRODUCTS A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable. D. Do not use materials and equipment removed from existing structure. FY002262 Fayetteville Water Tank Repainting Section 01600 - I 1.04 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. C. D. 1.06 A. 1.07 A. 1.08 A. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with foreign matter. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. PRODUCT OPTIONS Not Used. PRODUCTS LIST Not Used. SUBSTITUTIONS Document each request for substitution with complete data substantiating compliance of proposed substitution with Contract Documents. FY002262 Fayetteville Water Tank Repainting Section 01600-2 1 r • C 1 B. Request constitutes a representation that Contractor: [] 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. ' 2. Will provide the same warranty for substitution as for specified product. I I H I ' 1.09 I F1 H I I I 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents, or when said substitution will not result in significant cost savings to the Owner, or result in some material advantage being gained by the Owner. D. Engineer will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time following the opening of Bids. E. A. PART 2 PART 3 Only one request for substitution will be considered for each product. When substitution is not accepted, provide specified product. SYSTEMS DEMONSTRATION Prior to final inspection, demonstrate operation of each system to Engineer and Owner. PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01600-3 1 • 0 I E 1] I I I I I I I I I I I SECTION 01700 CONTRACT CLOSEOUT PARTI GENERAL 1.01 SCOPE A. This Section outlines the procedure to be followed in closing out all contracts. 1.02 SUBSTANTIAL COMPLETION A. The substantial completion date for the Contract shall be established as stated in the General Conditions. .03 FINAL INSPECTION A. After final cleaning and upon written notice from the Contractor that the work is completed, the Engineer will make a preliminary inspection with the Owner and Contractor present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the work to the satisfaction of the Owner. C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Owner and Contractor, shall make his final inspection of the project. D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the General Conditions. Should the Engineer still find deficiencies in the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment until such time as the Contractor has satisfactorily completed the required work. E. All water courses, gutters, and ditches shall be opened and left in a condition satisfactory to the Engineer. IFY002262 Fayetteville Water Tank Repainting Section 01700-1 0 • 1.04 FINAL SUBMITTALS A. No contract will be finalized until all of the following have been submitted as required in Section 01300, SUBMITTALS DURING CONSTRUCTION. 1. Final shop drawings 2. Record drawings 3. Interface information B. No contract will be finalized until all submittals required in Section 01720, PROJECT RECORD DOCUMENTS, have been submitted. 1.05 GUARANTEES, BONDS, AND AFFIDAVITS A. No contract will be finalized until all guarantees, performance tests, bonds, certificates, licenses, and affidavits required for work or equipment as specified are satisfactorily filed with the Owner. 1.06 ACCESSORY ITEMS A. All Contractors furnishing and/or installing equipment on this project shall provide to the Owner, upon acceptance of the equipment, all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to, adequate oil and grease as required for the first lubrication of the equipment, light bulbs, fuses, valve keys, handwheels, and other expendable items as required for initial startup and operation of all equipment. 1.07 RELEASE OF LIENS OR CLAIMS A. 1.08 A. PART 2 No contract will be finalized until satisfactory evidence of release of liens has been submitted to the Owner as required by the General Conditions. FINAL PAYMENT Final payment will be made to the Contractor in accordance with the General Conditions. PRODUCTS Not Used. FY002262 Fayetteville Water Tank Repainting Section 01700 - 2 1 PART 3 EXECUTION ' Not Used. END OF SECTION 1 1 FY002262 Fayetteville Water Tank Repainting Section 01700-3 I IPARTI GENERAL ' 1.01 SCOPE I I I I I I I I SECTION 01710 CLEAN-UP A. This Section covers the work necessary for cleaning during construction and final cleaning on completion of the work. B. At all times maintain areas covered by the Contract and public and private properties free from accumulations of waste, debris, and rubbish caused by construction operations. C. Conduct cleaning and disposal operations to comply with local ordinances and anti -pollution laws. Do not burn or bury rubbish and waste materials on project site. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. Do no dispose of wastes into streams or waterways. D. Use only cleaning materials recommended by manufacturer of surface to be cleaned. E. Use cleaning materials only on surfaces recommended by cleaning material manufacturers. 1.02 CLEANING DURING CONSTRUCTION A. During execution of work, clean site and all properties (public and private) and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, and properties are maintained free from accumulations of waste materials and rubbish. IB. Wet down dry materials and rubbish to lay dust and prevent blowing dust. I I I I C. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. D. Remove grease, dust, dirt, stains, labels, and other foreign materials from exposed and semi -exposed surfaces. E. Repair, patch, and touch up marred surfaces to specified finish to match adjacent surfaces. F. Broom clean paved surfaces, rake clean other surfaces or grounds. FY002262 Fayetteville Water Tank Repainting Section 01710 - I G. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. 1.03 1.04 FINAL CLEANING A. At the completion of work on all contracts and immediately prior to final inspection, cleaning of the entire project will be accomplished. B. Employ experienced workers, or professional cleaners, for final cleaning. C. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces. D. Remove from the Owner's property all temporary structures and all materials, equipment, and appurtenances not required as a part of, or appurtenant to, the completed work. See Section 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES. P : /J\' 3U1LYI A. Payment for the work in this Section will be included as part of the lump sum bid amounts stated in the Proposal. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01710-2 SECTION 01720 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintenance of Record Documents and Samples. B. Submittal of Record Documents and Samples. 1.02 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Documents at the site. B. Section 01300 - Submittals: Shop drawings, product data, and samples. C. Section 01700 - Contract Closeout: Closeout procedures. D. Section 01700 - Contract Closeout: Operation and maintenance data. E. Individual Specifications Sections: Manufacturer's certificates and certificates of inspection. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. In addition to requirements in General Conditions, maintain at the site one record copy of: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Field test records. 7. Inspection certificates. FY002262 Fayetteville Water Tank Repainting Section 01720- I 8. Manufacturer's certificates. B. Store Record Documents in Field Office apart from documents used for construction. Provide files, racks, and secure storage for Record Documents. C. Label and file Record Documents in accordance with Section number listing in Table of Contents of this Project Manual. Label each document "PROJECT RECORD" in neat, large, printed letters. D. E. 1.04 A. B. C. D. Maintain Record Documents in a clean, dry and legible condition. Do not use Record Documents for construction purposes. Keep Record Documents and samples available for inspection by Engineer. RECORDING Record information on a set of blue line opaque drawings, and in a copy of a Project Manual. Provide felt tip marking pens, maintaining separate colors for each major system, for recording information. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Changes made by Modifications. 4. Details not on original Contract Drawings. E. Specifications: Legibly mark each item to record actual construction, including: ' 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optional items and substitute items. 2. Changes made by Addenda and Modifications. I L FY002262 Fayetteville Water Tank Repainting Section 01720 - 2 ' F. Other Documents: Maintain manufacturer's certifications, inspection certifications, field test records, etc., required by individual Specifications sections. 1.05 SUBMITTALS A. At Contract closeout, deliver Record Documents and samples under provisions of Section 01700. B. Transmit with cover letter in duplicate, listing: 1. Date. 2. Project title and number. 3. Contractor's name, address, and telephone number. 4. Number and title of each Record Document. 5. Signature of Contractor or authorized representative. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 01720-3 SECTION 02150 STORM WATER POLLUTION PREVENTION IPARTI GENERAL I I I I I LI I 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including GENERAL and SUPPLEMENTARY CONDITIONS, and other Division 1 Specifications Sections apply to the Work specified in this Section. 1.02 SCOPE A. This work shall consist of temporary erosion control measures needed to control erosion and water pollution, from any area the Contractor may disturb, through the use of berms, sediment basins, sediment dams, fiber glass roving, silt fences, brush barriers, baled straw erosion checks, temporary flexible pipe slope drains and temporary seeding. B. Temporary erosion control measures shall be performed promptly when problem conditions exist or when potential problems are anticipated in certain areas in order to minimize soil erosion and siltation. The temporary erosion control measures shall be properly maintained until permanent erosion control features are functioning properly. C. The Contractor shall comply with all Federal, State and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds and reservoirs with fuel, oils, bitumens, chemicals, soil sedimentation or other harmful materials and to prevent pollution of the atmosphere from particulate gaseous matter. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 05902 — Tank Renovation IB. Section 09900 - Painting I L I 1.04 QUALITY CONTROL A. At the Preconstruction Conference or prior to the start of the applicable construction, the Contractor shall submit, to the Owner and Engineer, his schedule for the accomplishment of temporary and permanent erosion control work as is applicable for site work. The location of the project, nature of the soil, topographic features and proximity to water courses shall be considered when imposing such limitations. IFY002262 Fayetteville Water Tank Repainting Section 02150 - I PART 2 MATERIALS 2.01 SEED AND FERTILIZER A. Not required. 2.02 STRAW BALES A. Straw shall be the threshed plant residue of oats, wheat, barley, rye or rice from which the grain has been removed. 2.03 FENCE OR WIRE FABRIC A. The fence fabric shall be a commercial grade of woven wire fence fabric. The wire fabric shall be a welded wire fabric. 2.04 FILTER FABRIC A. Install filter fabric where necessary to control erosion. PART 3 EXECUTION 3.01 PERMITTING A. A permit and Storm Water Pollution Prevention Plan is not required since the area to be disturbed is less than five acres. 3.02 EROSION CONTROL A. The Contractor shall schedule and conduct his operations in such a manner as to insure good erosion control practices so as to minimize soil erosion and prevent the contamination of and depositing of sediment in adjacent streams or other water courses, lakes, ponds, and other areas of water impoundment. Temporary erosion control measures which will contribute to the control of erosion and sedimentation shall be carried out in conjunction with any site work. B. Permanent erosion control devices or measures shall consist of culvert pipe, terraces, gutters, bituminous curb, sectional drains, permanent slope drains, and the establishment of permanent vegetation (seeding), and when included in the contract they shall be incorporated in the construction with the least delay. Trenched area shall be seeded as the excavation proceeds to the extend considered by the Engineer as desirable or practicable. FY002262 Fayetteville Water Tank Repainting Section 02150-2 IC. The Contractor shall also conform to the following practices and controls: 1. When the material is trenched erosion of the slopes shall be so controlled both during and after completion of the work that erosion will be minimized and sediment will not enter streams, wetlands or other bodies of water. Haul roads ' shall be located and constructed in a manner that will keep sediment from entering streams. 2. Pollutants such as fuels, lubricants, bitumens, raw sewage and other harmful materials shall not be discharged into or near rivers, streams or impoundments or into natural or ' man made channels leading thereto. Wash water or waste from concrete mixing operations shall not be allowed to enter live streams. 3. All applicable regulations of agencies and statues relating to the prevention and abatement of pollution shall be complied within the performance of the contract. E. All temporary erosion and sediment control structures shall be constructed as ' required to control erosion. All temporary structures shall be maintained in proper operating condition during the construction period until the seeding and fertilizing operation has been completed and the grass has been established in accordance with Section 02485 of the Specifications. F. Temporary erosion and sediment control, structures shall be maintained throughout the Contractors contract period. The temporary structures shall be removed and the site cleaned up only after the end of construction activity and the seeding and fertilizing operations are complete and the grass has been established. 3.03 INSPECTION A. The Contractor shall appoint as necessary, a qualified person(s) to conduct regularly scheduled inspections during his contract. Inspections shall be conducted, with a minimum frequency of every seven (7) calendar days or within ' 24 hours following the end of at least a 0.5 inch ('/2 inch) rainfall event, whichever is earliest. During the inspection, the following areas (as a minimum) will be inspected: I. Disturbed Areas - All areas of disturbed soil i.e. bare soil with no ground cover shall be inspected for signs of washing and erosion. I FY002262 Fayetteville Water Tank Repainting Section 02150 -.3 2. Material Storage Area - All central storage areas where materials/chemicals are stored for signs of spills, leaks and possible contamination. 3. Erosion and Sediment Control Measures - Inspect all erosion and sediment control measures for signs of wear, damage, remaining capacity level, usefulness, etc. 4. Discharge Locations - Immediately following, and possibly during, a significant rainfall event, inspect all discharge locations to ascertain the effectiveness of the control measures. 5. Entrance/Exit Locations - Inspect all exit points from the site for evidence of vehicle tracking. The inspector shall complete an inspection form for each inspection performed. As a minimum, the inspection form shall contain the following information: o Name and location of project. o Name and title of the inspector. o Date and time of the inspection. o Scope of the inspection. o Major observations made during the inspection. o Actions taken as a result of the inspection. 3.04 MAINTENANCE OF ROADWAYS A. The existing paved roadways at and adjacent to the construction locations shall be maintained in a clean and passable condition by the Contractor. When required or as requested by the Owner, or the Engineer, the Contractor shall broom or wash the existing paved roadways to remove excess mud or dirt at the construction area and for a reasonable length of the existing roadway beyond the construction area. The work shall not be paid for directly, but shall be considered incidental to the other items of work and the cost included as a part of the work. 3.05 PAYMENT A. Payment for the work in this Section will be included as part of the applicable unit price or lump sum amount stated in the Proposal. No separate payment will be made. 1101101ZITWIDTw (i]i l FY002262 Fayetteville Water Tank Repainting Section 02150-4 [] I I SECTION 05902 TANK RENOVATION PART1 GENERAL 1.01 SCOPE 1 A. The work to be performed under these Specifications consists of furnishing all materials, tools, equipment and necessary labor for the cleaning, renovating and repainting of the west welded steel Rodgers Drive water storage tank. Specific renovation tasks shall include the following: 1. Remove the existing cathodic protection system. Provide and install a new cathodic protection system as specified in Section 13315 — CATHODIC PROTECTION SYSTEM. ' 2. Remove the existing electrical conduit, wiring and remaining parts of the aircraft warning lights from the tank foundation level to the center vent on the tank roof Seal the conduit stub up at the tank foundation. Disconnect light power wire at the electrical breaker panel. I I I I I I I I 3. Clean and repaint the tank interior and exterior in accordance with Section 09900 — PAINTING. Handhole covers for the cathodic protection system shall be painted. 4. Install a new 24 -mesh stainless steel insect screen on the center roof vent. The existing vent screen area is 16 -inches in diameter and 8 -inches tall. 5. Prior to painting, remove the salty climb cable system, protect it during painting and reinstall it after painting. 6. Provide rigging and ladders for use by the construction personnel, engineer's personnel, and Owner's personnel. Do not rely on the existing interior ladder, painters lugs, handholds or other components that may be unsafe due to corrosion or incorrect usage. 7. Remove the existing interior ladder from the tank. Its bottom connection for one leg is broken away from the floor bracket weld. Clean and repaint the ladder with the interior paint system. Replace the two existing floor brackets with two new brackets suitable for bolted connections to the ladder bottom. The existing brackets are illustrated in the photographs. FY002262 Fayetteville Water Tank Repainting Section 05902 - 1 8. Reweld the overflow pipe support brackets to the exterior of the tank wall at the locations where these brackets have broken away from the tank wall. 9. Install new gaskets in side wall manways. 10. Upon completion of repainting, caulk and/or grout between the tank bottom plate and the top of the concrete foundation. Remove existing loose material in this area prior to caulking and/or grouting. 11. Install flexible sealant at un-welded lapped roof seams, roof support columns, and other un-welded intersections that cannot be protected with the paint system. 12. Complete pit welding and pit filling for any significant pits. Grind smooth all rough edges and weld burrs prior to repainting. 13. Provide and install two roof manways, either 24 -inch diameter or 24 -inch square as needed to facilitate venting during the painting operations. New roof hatches shall have rainproof lockable covers. The opening shall be fitted with a raised watertight wall projecting at least six inches above the surrounding surface. The frame shall be closed with a solid water tight cover with edges projecting downward at least two inches around the outside of the frame. The hatch shall be provided with inside and outside handles, and lock hasp. PART 2 2.01 PRODUCTS RENOVATION MATERIALS AND INSTALLATION A. Renovation materials, design, shop fabrication, welding, erection, inspection, and testing of the tank structure and appurtenances shall conform with all applicable requirements of the American Water Works Association, Standard Specification AWWA DI00-96 for "Welded Steel Elevated Tanks, Standpipes, and Reservoirs for Water Storage." The renovated tank components shall withstand safely the loads and forces of the weight of the water in the structure, a 25-psf snow load, and wind load caused by a wind velocity of 100 mph in any direction, with the tank empty or full. The renovated tank components shall be designed to withstand earthquake forces for Zone 1. The renovated components shall also comply to the latest requirements of the Occupational Safety and Health Act of 1971. Minimum shell thickness shall be 1/4 -inch. FY002262 Fayetteville Water Tank Repainting Section 05902 - 2 • PART 3 EXECUTION 3.01 PAINTING A. Complete welded steel tank painting in accordance with Section 09900 PAINTING. 3.02 DISINFECTION A. Clean and disinfect the tank in accordance with AWWA C-652. Safe bacteriological samples are required on two consecutive days prior to placing water storage tank in service. 3.03 ANNUAL INSPECTION A. The Contractor shall attend and assist in conducting two annual inspections within 12 months and 24 months after the tank is accepted. The inspections will be scheduled by the Owner and Engineer and coordinated within reason to the Contractor's availability. 3.04 PAYMENT A. Payment for the work in this Section will be included under the applicable lump sum bid amounts stated in the Proposal. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 05902 - 3 I C I SECTION 09900 PAINTING IPARTI GENERAL I I I I I I I Li [] I L1 I I 1.01 SCOPE A. This Section covers surface preparation, furnishing, and application of paint and protective coatings, complete. B. It is the intent that all exposed ferrous surfaces be painted, whether specifically mentioned or not, except as modified herein. C. Factory primed surfaces are to receive finish coats. D. Paint chips from the tank have been tested and the test results are attached. One set of results are for the tank exterior, indicating very high lead concentrations. A second set of results is for paint samples taken around the interior of the roof manway and a third set of results is for paint samples taken from the tank interior wall, after it was drained. The interior samples have some lead, but the concentrations are much lower than the exterior paint concentrations. The Contractor's bid price shall include the costs associated with containing both the interior and exterior cleaning dust and debris, having both materials tested to determine if they are hazardous waste materials, and disposing of all materials in accordance with applicable laws and regulations based on the results of the hazardous waste determination. Contractors shall observe all safety and personnel protection standards and requirements during the tank cleaning, dust and debris containment, collection and disposal process. 1.02 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 ABBREVIATIONS ANSI American National Standards Institute AWWA American Water Works Association FRP Fiberglass Reinforced Plastic HC1 Hydrochloric Acid MDFT Minimum Dry Film Thickness MDFTPC Minimum Dry Film Thickness Per Coat mil Thousandths of an Inch MIL -P Military Specification - Paint OSHA Occupational Safety and Health Act IFY002262 Fayetteville Water Tank Repainting Section 09900 - I PSDS Paint System Data Sheet SFPG Square Feet Per Gallon SFPGPC Square Feet Per Gallon Per Coat SP Surface Preparation SSPC Steel Structures Painting Council 1.04 1.05 1.06 SURFACES NOT REQUIRING PAINTING A. Unless otherwise specifically indicated in the Technical Specifications or on the Drawings, the following areas or items will not require painting: 1. Nonferrous and corrosion -resistant ferrous alloys such as copper, bronze, monel, aluminum, chromium plate, weathering steel, and stainless steel, except where: a. Required for electrical insulation between dissimilar metals. b. Aluminum and stainless steel is embedded in concrete or masonry, or aluminum is in contact with concrete or masonry. c. Color coding or equipment and piping is required. 2. Fiberglass reinforced plastic (FRP) equipment with an integral colored gel coat does not require painting, provided the color is as specified. 3. Prefinished electrical and architectural items such as motor control centers, switchboards, switchgear, panelboards, transformers, disconnect switches, etc. 4. Items specified to be galvanized after fabrication unless specifically required elsewhere in these Specifications or subject to immersion; specifications for repair of damaged galvanized surfaces are contained hereinafter. QUALITY ASSURANCE A. The paint manufacturer shall provide a representative to visit the jobsite at intervals during surface preparation and painting as may be required for product application quality assurance, and to determine compliance with manufacturer's instructions and these Specifications, and as may be necessary to resolve field problems attributable to, or associated with, the manufacturer's products furnished under this Contract. INSPECTION FY002262 Fayetteville Water Tank Repainting Section 09900 - 2 A. The Contractor shall give the Engineer a minimum of 3 days advance notice of the start of any surface preparation work or coating application work. All such work shall be performed only in the presence of the Engineer, unless the Engineer has granted ' prior approval to perform such work in his absence. B. For all coatings subject to immersion, full cure must be obtained for the completed I. system. Consult the coatings manufacturer's written instructions for these requirements. The coating shall not be immersed for any purpose until completion of the curing cycle. ' C. Inspection by the Engineer, or the waiver of inspection of any particular portion of the work, shall not be construed to relieve the Contractor of his responsibility to perform ' the work in accordance with these Specifications. 1.07 PAINT DELIVERY AND STORAGE A. All materials shall be new and shall be delivered to the project site in unopened containers that plainly show, at the time of use, the designated name, date of ' manufacture, color, and name of manufacturer. Paints shall be stored in a suitable protected area that is heated or cooled as required to maintain temperatures within the range recommended by the paint manufacturer. ' 1.08 WARRANTY A. The Contractor shall warrant to the Owner and guarantee the work under this section against defective workmanship and materials for a period of 2 years commencing on the date of final acceptance of the work. 1.09 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION in Division 1, GENERAL REQUIREMENTS. In addition, the following specific information shall be provided: • 1. For each paint system used herein, the Contractor shall obtain from each paint manufacturer for submittal to the Engineer, a Paint System Data Sheet (PSDS) and, Technical Data Sheets, for each product used in the paint system. The required information shall be submitted on a system -by -system basis. The Contractor shall also provide copies of the paint system submittals to the coating applicator. A sample PSDS form is appended at the end of this section. 2. The Contractor shall, prior to the start of surface preparation, furnish the Engineer with a 4 -inch by 4 -inch steel panel for each ' FY002262 Fayetteville Water Tank Repainting Section 09900 - 3 grade of sandblast specified herein, prepared by the Contractor to the specified requirements. The panel shall be representative of the steel used and shall be prevented from deterioration of the surface quality. Upon review by the Engineer, the panel shall be preserved as a reference source for inspection. 1.10 PAINT COLOR SAMPLES A. Submit paint color charts displaying the full color selection available from the paint manufacturer selected by the Contractor. Allow 30 days from date of submittal for Owner/Engineer to determine selected colors. 1.11 RELATED PAINTING WORK PERFORMED UNDER OTHER SECTIONS, BUT SYSTEMS DESCRIBED IN THIS SECTION A. PART 2 2.01 Section No. 05902 PRODUCTS Item Tank Renovating PAINT AND COATINGS SUPPLIERS A. The letter code will be found following the generic descriptions of materials outlined in the Specifications. Alternate suppliers will be considered, if product is equal to that specified. Address given is that of the general offices; contact these offices for information regarding the location of their representative nearest the project site. B. Supplier Code A - Coatings Suppliers: (Able to supply most heavy-duty industrial coatings) 1. Tnemec Coatings, Kansas City, MO 2. Sherwin Williams, Cleveland, OH 3. Porter Coatings, Louisville, KY 4. Rustoleum Corporation, Evanston, IL 5. Ameron, Monterey Park, CA C. Supplier Code B - Paint Suppliers (Able to supply most architectural paints) 1. Benjamin Moore Paints, New York, NY 2. Pittsburgh Paints, Pittsburgh, PA 3. Sherwin Williams, Cleveland, OH D. Supplier Code C - Specialty Suppliers 1. McCloskey Varnish Company, Philadelphia, PA FY002262 Fayetteville Water Tank Repainting Section 09900 - 4 2. Olympic Stain & Varnish, Seattle, WA 3. Pavey Research Corporation, Tukwila, WA 4. Chemstop Manufacturing and Sales Corp., Itasca, IL E. Supplier Code E - Fusion Bonded Coating Applicators 1. B. L. Downey, Cicero, IL 2. Industrial Coatings, Baltimore, MD 2.02 PAINT MATERIALS A. The following paint products are listed according to their approximate order of appearance in the paint systems. Deviations from the specified paint systems must be reviewed by the Engineer prior to use. The letter designating the supplier code references the listing of paint suppliers able to furnish these specific materials. Alternate systems will be considered subject to the review of the Engineer. ' PRODUCT DEFINITION '• Polyamide, Anti- Converted epoxy primer containing Corrosive, Epoxy rust inhibitive pigments; minimum Primer percent volume solids, 46% Supplier Code: A Coal -Tar Epoxy Amine or polyamide type, 68% volume solids minimum, suitable for immersion service - Supplier Code: A ' Organic Zinc Rich Converted epoxy, epoxy/phenolic or primer urethane type, minimum 10 pounds metallic zinc content per gallon. Supplier Code: A 1 Rust -Inhibitive Primer Single -package steel primers with anti -corrosive pigment loading; may be alkyd, vinyl, epoxy ester, chlorinated ' rubber; 40% volume solids minimum. Supplier Code: A -B Alkyd Enamel Optimum quality, gloss finish, medium long oil, 45% minimum solids by volume. ' Supplier Code: A -B [I ' FY002262 Fayetteville Water Tank Repainting Section 09900 - 5 Wash Primer Inorganic Zinc Primer Silicone Acrylic Polyamide High Build Epoxy Acrylic Latex (Gloss) Vinyl butyryl acid — Supplier Code: A Solvent or water based, 10 pounds metallic zinc content per gallon minimum; follow manufacturer's recommendation for top coating. Supplier Code: A Elevated temperature types; 20% minimum solids by volume - Supplier Code: A Capability of 4-8 MDFT per coat Supplier Code: A High gloss, minimum volume Supplier Code: A -B single -component; solids, 25%. Bituminous Paint Single -component, coal -tar pitch based; 68% minimum solids by volume. Supplier Code: A Polyurethane Enamel Two -component, asphaltic or Acrylic based polyurethane; 45% minimum volume solids; high gloss finish. Supplier Code: A Block Filler Primer -sealer designed for rough masonry surface. Supplier Code: B Sanding Sealer Co -polymer oil, clear, dull luster. Supplier Code: B -C Stain Pigmented water repellant coating (no silicones) specifically designed for masonry and concrete surfaces; minimum volume solids, 19% to 21%. Supplier Code: C Acrylic Latex Semi -gloss latex; minimum volume (Semi -Gloss) solids, 41%. Supplier Code: B J I Ll • I Li I C I I FY002262 Fayetteville Water Tank Repainting Section 09900 - 6 1 • • I I I Acrylic Latex Flat latex; minimum volume Solids, 34%. (Flat) Supplier Code: B Varnish (Satin) Nonpigmented vehicle based on a variety of resins (alkyd, phenolic, urethane) available in gloss, semi -gloss, and flat finishes - Supplier Code: B -C ' 2.03 COLOR SELECTION I I I I I i L I I I I A. The Contractor shall coordinate with the Owner and the Engineer as hereinbefore specified for final color selections. B. Colors shall be formulated with colorants free of lead, lead compounds, or other materials which might be affected by the presence of hydrogen sulfide or other gas likely to be present at the project. 2.04 EQUIPMENT COLORS A. Equipment shall be meant to include the machinery or vessel itself plus the structural supports and fasteners and attached electrical conduits. All nonsubmerged portions of equipment shall be painted the same color as the process piping it serves, except as itemized below. Equipment Color Dangerous parts of equipment and machinery Fire protection equipment and apparatus Physical hazards in normal operating area PART 3 EXECUTION 3.01 GENERAL OSHA Orange OSHA Yellow A. All materials of a paint system, including primer and finish coats, shall be produced by the same paint manufacturer. Thinners, cleaners, driers, and other additives shall be as recommended by the paint manufacturer of the particular coating. ' FY002262 Fayetteville Water Tank Repainting Section 09900 - 7 0 • 3.02 INTENT A. It is the intent of these Specifications that the Contractor and his subcontractors employed on the jobsite will leave the surfaces of their work in such a condition that only minor cleaning and sanding is required prior to surface preparation and painting. It is the responsibility of the Contractor to inspect and provide substrate surfaces that are prepared in accordance with these Specifications and the printed directions and recommendations of the paint manufacturer whose product is to be applied. 3.03 PROTECTION OF MATERIALS NOT TO BE PAINTED A. Remove, mask, or otherwise protect hardware, lighting fixtures, switchplates, aluminum surfaces, machined surfaces, couplings; shafts, bearings, nameplates on machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring adjacent surfaces. Protect working parts of mechanical and electrical equipment from damage during surface preparation and painting process. Openings in motors shall be masked to prevent paint and other materials from entering the motors. 3.04 ENVIRONMENTAL CONDITIONS A. Paint shall not be applied in temperatures beyond the manufacturer's recommended maximum and minimum allowable, nor in dust, smoke -laden atmosphere, damp or humid weather. B. Abrasive blast cleaning shall not performed whenever the relative humidity exceeds 85 percent, nor whenever the surface temperature is less than 5 degrees F above the dew point of the ambient air. 3.05 SAFETY ' A. Painting shall be performed in strict accordance with the safety recommendations of the paint manufacturer; with the safety recommendations of the National Association of Corrosion Engineers contained in the publication, Manual for Painter Safety; Federal, state, and local agencies having jurisdiction. 3.06 PAINT MIXING A. Multiple -component coatings shall be prepared using all of the contents of the container for each component as packaged by the paint manufacturer. No partial batches will be permitted. Multiple -component coatings that have been mixed shall not be used beyond their pot life. The Contractor shall provide small quantity kits for touch-up painting and for painting other small areas. Only the components specified and furnished by the paint manufacturer shall be mixed. No intermixing of additional components for reasons of color or otherwise, even within the same generic type of coating, will be permitted. FY002262 Fayetteville Water Tank Repainting Section 09900 - 8 i B. Paint materials shall be kept sealed when not in use. C. Where more than one coat of a material is applied within a given system, color will be alternated to provide a visual reference that the required number of coats have been 'applied. ' 3.07 SHOP BLAST CLEANING A. Items such as structural steel, metal, and similar items as reviewed by the Engineer may be shop prepared and primed at the option of the Contractor. Centrifugal wheel blast cleaning is an acceptable alternate to shop blast cleaning. All work shall be blast cleaned and primed in accordance with these Specifications. 3.08 FIELD ABRASIVE BLASTING A. Perform abrasive blasting for items and equipment where specified and as required to restore damaged surfaces previously shop or field blasted and primed. Materials, equipment, procedures, and safety equipment for personnel shall conform to the Steel Structures Painting Council. 3.09 PREPARATION OF SURFACES - METAL IA. No surface preparation blasting will be permitted prior to submission of samples. All workmanship for metal surface preparation as specified shall be in strict conformance with the current Steel Structures Painting Council (SSPC) Specifications as follows: Solvent Cleaning SP 1 Hand Tool Cleaning SP 2 ' Power Tool Cleaning SP 3 White Metal Blast Cleaning SP 5 Commercial Blast Cleaning SP 6 Brush -Off Blast Cleaning SP 7 Pickling SP 8 Near -White Blast Cleaning SP 10 Power Tool Cleaning to Bare Metal SP 11 B. Wherever the words "solvent cleaning," "hand tool cleaning," "wire brushing," or "blast cleaning," or similar words of equal intent are used in these Specifications or in paint manufacturer's specifications, they shall be understood to refer to the applicable SSPC Specifications listed above. ' C. Hand tool clean areas that cannot be cleaned by power tool cleaning. FY002262 Fayetteville Water Tank Repainting Section 09900 - 9 3.10 3.11 3.12 3.13 PRE -BLAST CLEANING REQUIREMENTS A. All oil, grease, welding fluxes, and other surface contaminants shall be removed prior to blast cleaning. Pre -blast cleaning methods shall use steam, open flame, hot water, or cold water with appropriate detergent additives followed with clean water rinsing. B. Small isolated areas shall be cleaned as above or solvent cleaned with suitable solvents and clean cloths. C. All sharp edges shall be rounded or chamfered and all burrs, jagged edges, and surface defects shall be ground smooth. D. Welds and adjacent areas shall be prepared such that there is: (1) no undercutting or reverse ridges on the weld bead, (2) no weld spatter on or adjacent to the weld or any other area to be painted, and (3) no sharp peaks or ridges along the weld bead. All embedded pieces of electrode or wire shall be ground flush with the adjacent surface of the weld bead. BLAST CLEANING REQUIREMENTS A. The type of equipment and speed of travel shall be such that and specified degree of cleanliness is obtained. The type and size of abrasive shall be selected to produce a surface profile that meets the coating manufacturer's recommendations for the particular primer to be used. Only dry blast cleaning methods will be permitted. The abrasive shall not be reused. B. The Contractor shall comply with the applicable Federal, state, and local air pollution control regulations for blast cleaning. POST -BLAST CLEANING AND OTHER CLEANING REQUIREMENTS A. All surfaces shall be cleaned of all dust and residual particles of the cleaning operations by dry (no oil or water vapor) air blast cleaning or other method prior to painting. Enclosed areas and other areas where dust settling is a problem shall be vacuum cleaned and wiped with a tack cloth. B. Surfaces shall be painted the same day they are cleaned. Surfaces that have started to rust before they are painted shall be reblasted. CONCRETE SURFACE PREPARATION A. Not Used. 3.14 PLASTIC SURFACE PREPARATION A. Not Used. FY002262 Fayetteville Water Tank Repainting Section 09900 - 10 I I I Li I ' 3.15 MASONRY SURFACE PREPARATION A. Not Used. 3.16 PREPARATION OF EXISTING COATED SURFACES IA. The equipment, procedure, and degree of cleaning shall conform to the Application Schedule presented hereinafter. The abrasive may be either wet or dry blasting sand, grit, or nut shell. The various surface preparation parameters such as size and ' hardness of the abrasive, nozzle size, air pressure, and nozzle distance from the surface shall be selected such that the surface is cleaned without pitting, chipping, or otherwise damaging the surface. The Contractor shall verify his parameter selection ' by blast cleaning a trial area that will not be exposed to view. The trial blast cleaned area shall be subject to the approval of the Engineer and shall be used as a representative sample of the surface preparation. Surfaces that are damaged by blast ' cleaning shall be repaired or replaced by the Contractor to the satisfaction of the Engineer. ' 3.17 ACID ETCHING A. After pre -cleaning, the following solution is spread by brush or plastic sprinkling can: Ii part commercial muriatic acid reduced by 2 parts water by volume. Adding acid to water in these proportions gives an approximate 10 percent solution of HC1. Workmen shall be equipped with necessary protective clothing. The application rate ' shall be approximately 2 gallons per 100 square feet. Work the acid solution into the surface by hard -bristled brushes or brooms until complete wetting and coverage is obtained. The acid will react vigorously for a few minutes, during which time ' brushing is continued. After the bubbling has subsided (10 minutes), hose down the remaining slurry with high pressure clean water. Rinsing must be done immediately to avoid formation of salts on the surface which are difficult to remove. Thorough rinsing is necessary to remove any residual acid surface condition which can impair adhesion. The surface shall be completely dry before coating is applied. After ' etching, the surface shall be "grainy" to the touch. If not, repeat the treatment. 3.18 SOLVENT CLEANING ' A. Solvent cleaning shall consist of removal of foreign matter such as oil, grease, soil, drawing and cutting compounds, and any other surface contaminants by the use of ' solvents, emulsions, cleaning compounds, steam cleaning, or similar materials and methods which involve a solvent or cleaning action. This method conforms with Steel Structures Painting Council SP 1. 1 11 IFY002262 Fayetteville Water Tank Repainting Section 09900 - 11 3.19 APPLICATION OF PAINT - GENERAL A. Manufacturer's written instructions for applying each type of paint or protective coating shall be furnished the Engineer prior to application. Cleaned surfaces and all coats shall be inspected prior to the succeeding coat. Schedule such inspection with the Engineer in advance. Apply all coatings in strict accordance with the paint manufacturer's recommendations, as reviewed by the Engineer. Sufficient time shall be allowed between coats to assure thorough drying of previously applied paint. B. New units to be bolted together and to structures shall be painted prior to assembly or installation. 3.20 SHOP PRIMED SURFACES A. All shop primed items shall be inspected at the jobsite for compliance with these Specifications. Schedule such inspection with the Engineer in advance. Areas of chipped, peeled, or abraded primer shall be hand or power sanded feathering the edges. The areas shall then be spot primed with the specified primer. Prior to application of finish coats, shop primed surfaces shall be cleaned free of all dirt, oil and grease, and a mist coat, 1.0 mil dry film thickness, of the specified primer applied, complete. Holdback areas for welding shall be prepared and primed, after welding, as required for the specified paint system. Application of primer shall be in accordance with manufacturer's instructions. 3.21 MANUFACTURER APPLIED PAINT SYSTEMS A. Abraded areas on factory finished items shall be repaired in strict accordance with the equipment manufacturer's directions. Repaired areas shall be carefully blended into the original finish. 3.22 FILM THICKNESS A. Coverage is listed as either total minimum dry film thickness in mils (MDFT) or the spreading rate in square feet per gallon (SFPG). Per coat determinations are listed as MDFTPC or SFPGPC. The number of coats is the minimum required irrespective of the coating thickness. Additional coats may be required to obtain the minimum required paint thickness, depending on method of application, differences in manufacturers' products, and atmospheric conditions. Maximum film build per coat shall not exceed the coating manufacturer's recommendations. B. Film thickness measurements and electrical inspection of the coated surfaces shall be performed with properly calibrated instruments. Recoat and repair as necessary for compliance with the Specifications. All coats will be subject to inspection by the Engineer and the coating manufacturer's representative. FY002262 Fayetteville Water Tank Repainting Section 09900 - 12 I H h I I C. Particular attention shall be given edges, angles, flanges, etc. Where insufficient film thicknesses are likely to be present, ensure proper millage in these areas. D. After repaired and recoated areas have dried sufficiently, final tests will be conducted by the Engineer. Coating thickness specified in mils will be measured with a magnetic type dry film thickness gauge such as Mikrotest, supplied by Nordson Corporation, Anaheim, CA. The finish coat (except zinc primer and galvanizing) will be tested for holidays and discontinuities with an electrical holiday detector, low voltage, wet sponge type such as Model M-1, manufactured by Tinker and Rasor, San Gabriel, CA. E. Each coat shall be checked for the correct millage. No measurement will be made under a minimum of 8 hours after application of the coating. ' 3.23 POROUS SURFACES I I I Li J I I I I I I A. Porous surfaces such as concrete, masonry, etc., may have the prime coat thinned to provide maximum penetration and adhesion. Type and amount of thinning shall be determined by the paint manufacturer and is dependent upon the surface density and type of coating. B. Porous surfaces specified to receive a water base coating shall be damp, but free of running water, just prior to application of the coating. 3.24 DAMAGED COATINGS A. Damaged coatings, pinholes, and holidays shall have the edges feathered and repaired in accordance with the recommendations of the paint manufacturer, as reviewed by the Engineer. B. Repair of fusion bonded coatings to be as recommended by the original applicator. Liquid repair kits to be provided for this purpose by the applicator, as recommended by the coating manufacturer. C. All finish coats, including touch-up and damage -repair coats shall be applied in a manner which will present a uniform texture and color -matched appearance. 3.25 UNSATISFACTORY APPLICATION A. If the item has an improper finish color, or insufficient film thickness, the surface shall be cleaned and topcoated with the specified paint material to obtain the specified color and coverage. Specific surface preparation information to be secured from the coating manufacturer and the Engineer. B. All visible areas of chipped, peeled, or abraded paint shall be hand- or power -sanded feathering the edges. The areas shall then be primed and finish coated in accordance ' FY002262 Fayetteville Water Tank Repainting Section 09900 - 13 with the Specifications. Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required by the Engineer. C. Work shall be free of runs, bridges, shiners, laps, or other imperfections. Evidence of these conditions shall be cause for rejection. D. Any defect in the coating system shall be repaired by the Contractor per written recommendations of the coating manufacturer. E. Leave all staging up until the Engineer has inspected the surface or coating. Staging removed prior to approval by Engineer shall be replaced. 3.26 SHIPPING A. In all cases where precoated items are to be shipped to the jobsite, all efforts will be made to protect the coating from damage. Coated items shall be battened to prevent abrasion. Contractor shall use nonmetallic or padded slings and straps in handling. Items will be rejected for excessive damage, in the opinion of the Engineer. 3.27 3.28 CLEANUP A. All cloths and waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each day. Upon completion of the work, all staging, scaffolding, and containers shall be removed from the site or destroyed in a legal manner. Paint spots, oil, or stains upon adjacent surfaces and floors shall be completely removed, and the entire job left clean. APPLICATION SCHEDULE A. Unless otherwise indicated in the Technical Specifications or on the Drawings, the work shall be painted or coated in accordance with the following application schedule. In the event of discrepancies or omissions in the following, request clarification from the Engineer before starting the work in question. System No. 1 Submerged Metal - Potable Water: This system shall be used on the interior of the welded steel tanks, below the high water line. Caulk all gapped, lapped and skip welded seams with Tnemec Series 63-1500 Filler and Surfacer, or equal, and stripe all weld seams. 2. System No. lA - Interior Tank Top: Coat the interior of the welded steel tank top above high water line with this system. System to consist of one coat of inorganic zinc, followed by the complete System No. 1. Caulk all gapped, lapped and skip welded seams with Tnemac Series 63-1500 Filler and Surfacer, or equal, and stripe all weld seams. FY002262 Fayetteville Water Tank Repainting Section 09900 - 14 L I I L I I I I I I I I I I I 3. System No. 10 - Overcoating of Lead Based Paint: The exterior of the welded steel tank and tank appurtenances such as overflow pipe, ladder, ladder platform and handrail, hatch exterior, etc., shall receive this coating system. All surfaces shall be cleaned by SSPC-SPI Solvent Cleaning and power washed and scrubbed with a solution of trisodium phosphate (TSP) and water at 1,500 to 2,500 psi and 3 to 5 gpm at the nozzle. All surfaces shall be rinsed with a solution of one part bleach to three parts water and allowed to dry. Final rinse shall be with clean tap water. All exposed steel, rusty steel areas, and areas of loose paint shall be Power Tool Cleaned to Bare Metal in accordance with SSPC-SP 11, but intact primer can be left in place. Feather the transition between intact paint and exposed primer and steel, and spot prime exposed primer and steel. Observe all safety requirements, personnel protection requirements and containment regulations relative to the lead based paint on the exterior of the tank. No abrasive blast cleaning shall be used on the tank exterior. 4. System No. 27 - Aluminum and Dissimilar Metal Insulation: This system shall be used where specified and on the following items or areas: All buried galvanized iron pipe. All electrical conduit where it is embedded in concrete or masonry. All nonsubmerged concrete embedded aluminum surfaces All aluminum in contact with concrete and masonry All contacting dissimilar metals COATING SYSTEMS (Coating systems listed are by Tnemec. Other manufacturers of equivalent paint systems will be considered if submitted.) Surface Preparation Paint Material Min. Coats. Cover SYSTEM NO. I SUBMERGED METAL - POTABLE WATER (NSF -61 Approved Coatings) Abrasive Blast, or Centrifugal Wheel Blast (SP 5) Tnemec Pota-Pox Primer 20-1255, Beige Tnemec Pota-Pox Finish Coat 20-WHO2, White 1 coat, 5 MDFT 1 coat, 5 MDFT IFY002262 Fayetteville Water Tank Repainting Section 09900 - 15 SYSTEM NO. 1A - INTERIOR TANK TOP (NSF -61 Approved Coatings) Abrasive Blast, or Tnemec Hydro -Zinc 2000 1 coat, 2.5 MDFT Centrifugal Wheel Primer 91-1120 Blast (SP 5) System No. I Primer and Finish Coats SYSTEM NO. 10 OVERCOATING OF LEAD BASED PAINT Solvent Clean and Power Tnemec Series 18-1092 1 coat, Wash (SP1) followed by Enviro Prime Spot 2.0 to 4.0 spot Power Tool Cleaning Primer MDFT to Bare Metal (SP 11) Tnemec Series 30 1 coat, Spra-Saf EN 2.0 to 4.0 First Coat MDFT Tnemec Series 30 1 coat, Spra-Saf EN 2.0 to 4.0 Finish Coat MDFT SYSTEM NO.27 ALUMINUM AND DISSIMILAR METAL INSULATION Solvent Clean (SP 1) Wash Primer 1 coat, 0.4 MDFT Bituminous 1 coat, 10 MDFT Paint SYSTEM NO. 29 FUSION BONDED COATING Abrasive Blast, or Fusion Bonded 1 or 2 coats, Centrifugal Wheel 100% Solids 7 MDFT Blast (SP 10) or Acid Epoxy or Pickling (SP 8) Polyurethane 3.29 PAYMENT A. Payment for the work in this Section will be included as part of the applicable lump sum bid amounts stated in the Proposal. (Paint System Data Sheet attached hereafter). FY002262 Fayetteville Water Tank Repainting Section 09900 - 16 I 1 1 1 1 1 1 PAINT SYSTEM DATA SHEET Attached products' Technical Data Sheet (if applicable) to this sheet for each paint system submittal. Paint System Number (from Spec.) Paint System Title (from Spec.) _ Coatings Supplier Representative Surface Preparation Paint Material Product Name/Number Min. Coats Coverage (Generic) (Proprietary) END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 09900 - 17 I I I I I I I I I I Appendix I EXISTING TANK PAINT LABORATORY REPORTS I I I I I 1 I I LNS ENVIRAMENTAL SEF/ICES, INC. 903 North Bowser, Suite 230 Environmental Richardson, Texas 75081 Specialist (972) 699-3772 Visit us at www.lnsenv.com Fax: (972) 669-3575 • McCLELLAND CONSULTING ENGINEERS DATE RECEIVED 'P.O. BOX 1229 DATE REPORTED FAYETTEVILLE, AR 72702 REPORT NUMBER Al IN: MS. CAROLE JONES SAMPLE ID: RODGERS DRIVE WATER TANK PAINT SAMPLE - FY002262 TOTAL CADMIUM 10/02/00 10/06/00 1256-01:04 PARAMETERS EPA METHOD DETECTION LIMIT mg/Kg RESULTS * m9/K ANALYST_i DATE ANALYZED 10/04/00 REPORT NO._ 1256-01 WEST TANK EXTERIOR PAINT 6010B 1.00 6.03 DKB WEST TANK INTERIOR PAINT 6010B 1.00 94.0 DKB 10/04/00 1256-02 EAST TANK EXTERIOR PAINT 60106 1.00 20.2 DKB 10/04/00 1256-03 EAST TANK INTERIOR PAINT 60106 1.00 10.6 DKB 10/04/00 1256-04 DRY WEIGHT BASIS TOTAL CHROMIUM PARAMETERS EPA METHOD DETECTION LIMIT mg/Kg RESULTS * mg/Kgmg/Kg ANALYST DATE ANALYZED REPORT NO. WEST TANK EXTERIOR PAINT 6010B 1.00 3161 DKB 10/04/00 1256-01 WEST TANK INTERIOR PAINT 6010B 1.00 27.6 DKB 10/04/00 1256-02 EAST TANK EXTERIOR PAINT 6010B 1.00 3768 DKB 10/04/00 1256-03 EAST TANK INTERIOR PAINT 6010B 1.00 55.8 DKB 10/04/00 1256-04 I * DRY WEIGHT BASIS TOTAL LEAD 1 1 PARAMETERS EPA METHOD DETECTION LIMIT mg/Kg RESULTS * mg/Kgmg/Kg ANALYST DATE ANALYZED REPORT NO. K WEST TANEXTERIOR PAINT 60106 10.0 311845 1 DKB 10/04/00 1256-01 WEST TANK INTERIOR PAINT 6010B 10.0 4795 DKB 10/04/00 1256-02 EAST TANK EXTERIOR PAINT 60106 10.0 231815 DKB 10/04/00 1256-03 EAST TANK INTERIOR PAINT 6010B 10.0 5110 DKB 10/04/00 1256-04 ' * DRY WEIGHT BASIS NIRA J HAH LNS ENVIRONMENTAL SERVICES, INC. THIS DOCUMENT MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT FROM LNS ENVIRONMENTAL, INC. 1256-METALS00.DOC 1 LNS ENVIRAMENTAL SEIe/ICES, INC. ' 903 North Bowser, Suite 230 Environmental Richardson, Texas 75081 Specialist • (972) 699-3772 Visit us at www.lnsenv.com Fax: (972) 669-3575 ■ McCLELLAND CONSULTING EN9GINEERS DATE RECEIVED 'P.O. BOX 1229 DATE REPORTED FAYETTEVILLE, AR 72702 REPORT NUMBER 2 ATTN: MS. CAROLE JONES ' SAMPLE ID: RODGERS DRIVE WATER TANK PAINT SAMPLE - FY002262 ' PCB ANALYSIS 10/02/00 10/06/00 1256-01:02 SAMPLE ID.: WEST TANK EXTERIOR PAINT REPORT NUMBER: 1256-01 1 PARAMETERS METHOD DETECTION LIMIT ug/Kg RESULTS *ug/Kg ANALYST DATE ANALYZED PCB -1242 8082 80.0 <80.0 MH 10/05/00 PCB -1254 8082 160 <160 MH 10/05/00 PCB -1221 8082 80.0 <80.0 MH 10/05/00 PCB -1232 8082 80.0 <80.0 MH 10/05/00 PCB -1248 8082 80.0 <80.0 MH 10/05/00 PCB -1260 8082 160 <160 MH 10/05/00 PCB -1016 8082 80.0 <80.0 MH 10/05/00 * DRY WEIGHT BASIS ' SAMPLE ID.: WEST TANK INTERIOR PAINT REPORT NUMBER: 1256-02 1 1 PARAMETERS METHOD DETECTION LIMIT ug/Kg RESULTS *ug/Kg ANALYST DATE ANALYZED PCB -1242 8082 80.0 <80.0 MH 10/05/00 PCB -1254 8082 160 <160 MH 10/05/00 PCB -1221 8082 80.0 <80.0 MH 10/05/00 PCB -1232 8082 80.0 <80.0 MH 10/05/00 PCB -1248 8082 80.0 <80.0 MH 10/05/00 PCB -1260 8082 160 <160 NH 10/05/00 PCB -1016 8082 80.0 <80.0 MH 10/05/00 * DRY WEIGHT BASIS NIRANt/tS LNS ENVIRONMENTAL SERVICES, INC. THIS DOCUMENT MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT FROM LNS ENVIRONMENTAL, INC. 1256-METALS00.DOC 1 LNS ENVIR&JMENTAL SEI /ICES, INC. 903 North Bowser, Suite 230 Environmental Richardson, Texas 75081 Specialist (972) 699-3772 Visit us at www.lnsenv.com Fax: (972) 669-3575 McCLELLAND CONSULTING ENGINEERS DATE RECEIVED P.O. BOX 1229 DATE REPORTED FAYETTEVILLE, AR 72702 REPORT NUMBER ATTN: MS. CAROLE JONES SAMPLE ID: RODGERS DRIVE WATER TANK PAINT SAMPLE - FY002262 PCB ANALYSIS 10/02/00 10/06/00 1256-03:04 SAMPLE ID.: EAST TANK EXTERIOR PAINT REPORT NUMBER: 1256-03 PARAMETERS METHOD DETECTION LIMIT ug/Kg RESULTS *ug/Kg ANALYST DATE ANALYZED PCB -1242 8082 80.0 <80.0 MH 10/05/00 PCB -1254 8082 160 <160 MH 10/05/00 PCB -1221 8082 80.0 <80.0 MH 10/05/00 PCB -1232 8082 80.0 <80.0 MH 10/05/00 PCB -1248 8082 80.0 <80.0 MH 10/05/00 PCB -1260 8082 160 <160 MH 10/05/00 PCB -1016 8082 80.0 <80.0 MH 10/05/00 ' DRY WEIGHT BASIS SAMPLE ID.: EAST TANK INTERIOR PAINT PARAMETERS METHOD DETECTION LIMIT ug/Kg RESULTS *ug/Kg ANALYST DATE ANALYZED PCB -1242 8082 80.0 <80.0 MH 10/05/00 PCB -1254 8082 160 <160 MH 10/05/00 PCB -1221 8082 80.0 <80.0 MH 10/05/00 PCB -1232 8082 i 80.0 <80.0 1 MH 10/05/00 PCB -1248 8082 80.0 <80.0 MH 10/05/00 PCB -1260 8082 160 <160 MH 10/05/00 PCB -1016 8082 80.0 <80.0 MH 10/05/00 ' DRY WEIGHT BASIS REPORT NUMBER: 1256-04 NIRANJA'N`fr LNS ENVIRONMENTAL SERVICES, INC. THIS DOCUMENT MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT FROM LNS ENVIRONMENTAL, INC. 1256-METALS00.DOC LNS ENVIRAMENTAL SEF /ICES, INC. 903 North Bowser, Suite 230 Environmental Richardson, Texas 75081 Specialist (972) 699-3772 Visit us at www.Insenv.com Fax: (972) 669-3575 McCLELLAND CONSULTING ENGINEERS DATE RECEIVED 10/02/00 'P.O. BOX 1229 OATE REPORTED : 10/06/00 FAYETTEVILLE, AR 72702 REPORT NUMBER 1256 -QC ATTN: MS. CAROLE JONES QUALITY CONTROL DATA I I I I I I I I I I I I I 11 PARAMETERS ANALYST ANALYSIS DATE EPA METHOD % SPIKE RECOVERY RPD Cadmium DKB 10/05/00 6010B 98 1 Chromium DKB 10/05/00 60106 99 1 Lead DKB 10/05/00 6010B 98 I 1 PEST SPIKE COMPOUND Recovery % RPD gamma-BHC (Lindane) 84 18 Heptachlor 88 19 Heptachlor Epoxide 92 14 Endrin 103 10 Methoxychlor 64 11 THIS DOCUMENT MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT FROM LNS ENVIRONMENTAL, INC. 1256-METALS00.DOC I I I *HAIN OF CUSTOD• -� ` Company Name: /"Ci le-/��+ty (yy�sGll ��/f��!?� Contact: �c e/+ liy h1J O c- F227 Telephone: Soo 9Y232 / 6 JQ 0Vo/ &i/9C Sampler(s) : cLe/ 1:J Grab: y ?Z%OZ Composite: Address Date/Time Composite Taken: Date/Time Grab Taken: 7/27/ cO �2 - (©d PM Sample ID/Location.: Rev ?e/S b/, ✓C Lv�T4! Fy/Oo 2.2 pH DO ' Flow Number of Containers: Preservation Occurred: At Collection At Lab Container Plastic Glass Preservation • l �I%QSIL�T�-^f� �Tl�l G1/Ut �d Irt� 2 3 / In - G ' 4 c•571ac n k 5 6 ' Relinquished By: _„_C..__/4 I Date/Time: _ __ ___ Received By: ( n _ Date/Time: 9/27/00 1450 Relinquished By: Date/Time: 9/17/co S�5 ' Received In Lab: Date/Time: \0-O.t- D �0l-kS�r I I [I Comments: 4,( a(( �e a, pIzf. PleaJt rep pH calibration: actual/observed Dissolved Oxygen calibration: Zero actuai ooservec Pull Scale _ Elevation MCC/a//and o..i.ne_ r. aa.-�a Con soiling Engineers 'no- C:IWORK\WW:CHAIN.NEW:rev809:jm LNS ENVIRAMENTAL SEF?/ICES, INC. 903 North Bowser, Suite 230 Environmental Richardson, Texas 75081 Specialist (972) 699-3772 Visit us at www.lnsenv.com Fax: (972) 669-3575 McCLELLAND CONSULTING ENGINEERS DATE RECEIVED : 04/06/01 'P.O. BOX 1229 DATE REPORTED : 04/12/01 FAYETTEVILLE, AR 72702 REPORT NUMBER : 0392-01 ATTN: MS. CAROLE JONES I I IH I I I SAMPLE ID : FAYETTEVILLE RODGERS DRIVE WEST TANK INTERIOR - FY 002262 4-IGu1 TOTAL METALS PARAMETERS EPA METHOD DETECTION LIMIT mg/Kg RESULTS tmg/Kg ANALYST DATE ANALYZED Cadmium 6010B 1.00 8.29 DKB 04/10/01 Chromium 6010B 1.00 9.39 DKB 04/10/01 Lead 6010B 10.0 1020 DKB 04/10/01 'DRY WEIGHT BASIS DUALITY CONTROL DATA PARAMETERS ANALYST ANALYSIS DATE EPA METHOD % SPIKE RECOVERY RPD Cadmium DKB 04/10/01 6010B 102 4 Chromium DKB 04/10/01 6010B 99 2 Lead DKB 04/10/01 6010B 99 1 ' Nir nj ` ah LNS ENVIRONMENTAL SERVICES, INC. I I I RECEIVED APR 1 8 2001 ' THIS DOCUMENT MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT FROM LNS ENVIRONMENTAL, INC. 0392METALS0I.DOC a� !RAIN OF CUSTOD\ —t Company Name: rl`C�I e(64 COnSwii,(Contact: Cz`o�e `�°ijes �o�er� Wale Address: (ale • coI[e . 4ye. J Telephone: (Sal) 3'2377 717703 Sampler(s) : 7?• cJk.4c Grab: K— Composite: Date/Time Composite Taken: ' Date/Time Grab Taken:r +/3/al Inc ' Sample ID/Location: r?.yC�(eJ �le ��i.lS ttive (/k5j- lank. I -k c- Pj 0o72kZ pH DO Flow Number of Containers: 1 Preservation Occurred: At Collection - At Lab 'Container Plastic/Glass Preservation • 1 One pLaJkc b��9, e it /A 12 3 1-4 6 ' Relinquished By: yi g�� Li/��'�� Date/Time: oj ?/ Received By: (�-_� Date/Time: 3 01 ISIS Relinquished By { Date/Time: A43/401 Ir.) 1 Received InLab:IR•M 9P/rl CL_ 62 M PG.} -u Dated/Time: k -C —O\ it• �i�S�1' lease +es+ -tor C 1dnLean d,a( cAeonI;U r . I eas ' Comments: 1 Pe er4(+ o,A r"5'k5 (. W 0. I I pH calibration: actual/observed actual observed Dissolved Oxygen calibration: Zero _ Full Scale _ Elevation McC/a//and OAne Tu Y_•.v� Consulting Engineers Inc. I^+A. lnOVf nn AL ru A NP ni n nn.n,Ann i, RECEIVED APR 1 8 2001 Ii I C PART I 1.01 1 A. 1 B. 1.02 I I I I I I I I I I I SECTION 13315 CATHODIC PROTECTION SYSTEM GENERAL SCOPE This Section covers the work to provide, install and place in service a cathodic protection system for the tank, as herein after specified. The existing cathodic protection system shall be completely removed and disposed of, including the anodes, power cables, rectifier and control panel. INTENT A. These specifications and attachments are intended to cover a complete impressed current cathodic protection system properly designed and installed, suitable for safe and satisfactory operation to control corrosion of the submerged steel surfaces of the water storage tank. Unless expressly excluded by these specifications or by specific written exception taken in the successful bidders proposal, any and all equipment, materials, and/or labor not included but which may be necessary to produce such a product in a proper, complete, substantial and workmanlike manner, are to be furnished by the successful bidder without extra cost to the purchaser. 1.03 QUALIFICATIONS A. The successful cathodic protection bidder shall utilize personnel on this project who have been engaged in the design and installation of impressed current cathodic protection for water storage tanks for ten (10) or more years. The installation shall be done by (or under the constant on -site direction) of an individual possessing a certification by the National Association of Corrosion Engineers who has experience in water tank cathodic protection installation. 1.04 SYSTEM DATA A. See Sections 05902 and 09900 for data on the existing tank dimensions and capacities and data on the interior coating systems. The existing systems include 50 handholes located in the roof of the tank for anode mounting/access. The handholes are in four circles, containing 20, 15, 10 and 5 handholes per circle from the outer circle to the inner circle. Handholes have 6 -inch diameter steel cover plates. B. Water: Average Maximum Minimum Total Dissolved Solids (mg/1) 106 136 80 Total Hardness as CaCO3 (mg/1) IwJ Conductance (uS/cm) 172 255 115 IFY002262 Fayetteville Water Tank Repainting Section:13315 - I PART2 PRODUCTS I 2.01 RECTIFIER SYSTEM ' A. The rectifier shall conform to NEMA Publication No. MR 20-1958, reaffirmed by NEMA 1971 -Semiconductor Rectifiers, Cathodic Protection Units, and to NEMA Standard Publication No. 250-1979, including Rev. No. 1 -December 1980, Enclosures for Electrical Equipment (1000 Volts maximum) B. The AC input of the power supply shall be 115 VAC - single phase - 60 Cycle. , C. The rectifier case shall be completely weatherproof for outdoor use and be constructed of not less than 15 gauge stainless steel. All fabrication welds shall be clean and smooth. The cabinet is to be equipped with suitable pole or structure mounting channel welded to the case. Ventilation openings at the top and bottom of the case shall be screened with stainless steel mesh, to prevent the entry of small insects. The front door shall be hinged on one side and have a positive device capable of taking a lock with a 3/8" diameter shank. In addition to the front door, one side panel of the case shall be hinged or easily removable with the front door open so that a visual inspection of the internal components can be quickly made at any time. The case shall have a slide out rack for accessibility. A grounding lug to accommodate #6 wire shall be provided on the outside of the cabinet. D. The transformer shall be specifically designed for use in a cathodic protection rectifier, having separate primary and secondary copper windings. Wire size on both windings are to be based on minimum of 1,000 circular mils per ampere. The material used in the core of the transformers shall be of such quality that core losses do not exceed 0.62 watts per pound. The amount of core material shall be no less than the amount given by the following formula: AC =Jwatts in primary 5.58 AC=The minimum area of core in square inches. The core area is figured as the cross sectional areas or that portion of the core which passes through the coil. E. The secondary shall have a sufficient number of coarse and fine taps to provide a minimum of 18 equal steps of adjustment. These taps shall be brought out to a link bar arrangement for adjusting the output of the rectifier. F. The link bars shall be terminated on at least a 5/16" stud lug that has one end drilled out so that the transformer tap wire can be soldered to the back of the stud. Quick change plastic knobs with brass inserts shall be used to connect the link bars to the studs. G. The transformer shall be immersed in class F transformer varnish until all taps, insulating materials, outer wrapping and coil winding have been completely saturated and then oven baked to dry condition. FY002262 Fayetteville Water Tank Repainting Section 13315 - 2 ' I • I II I I I I I I I I I [1 I I .I 11 I I H. The rectifier stack shall consist of high current density selenium cells arranged to give full wave rectification. Ratings shall be within the manufacturer's recommended current rating for continuous operation with a 451 C ambient temperature. The RMS voltage rating of the rectifier stack shall be sufficient to withstand, without damage, the full output of the transformer secondary when the load is disconnected from the D.C. terminals, i.e., under open circuit conditions. When silicon is used as the rectifying element, current ratings for the continuous operation shall be for 501 C ambient temperature and the PRV rating of the diodes shall be at least double the maximum protected against high voltage surges with selenium surge suppressers. J. Current and voltage shall be de -rated for higher ambient temperature, where required, in accordance with the manufacturer's recommendations. K. The entire unit is to be protected against overload and short circuit with a fully magnetic circuit breaker of proper rating connected between the AC supply and the transformer primary. Circuit breakers shall have two poles for single phase operation. Additionally, in the case of silicon rectifiers only, fuses shall be inserted in one leg of the AC secondary. All fuses greater than 35 amps shall be bolt on style and shall not rely on pressure type fuse holders. L. One DC voltmeter shall be provided and one DC ammeter for each DC circuit shall be provided, each having an accuracy of 2% of full scale. Hoyt #17/3 meters or approved equal shall be provided. The ammeters shall be connected to external shunts, plainly marked to show ampere rating and millivolt drop. The DC shunts shall be mounted on the front panel of the rectifier so as to be readily accessible for the meter accuracy checks. M. Solderless lugs rated for full rectifier output current shall be provided for the positive and negative output terminals of the rectifier and shall be mounted on an insulated panel. Output terminals shall be clearly identified on the panel as "POSITIVE" and "NEGATIVE". N. All wiring within the rectifier, except the meter circuits, shall be of the high temperature motor lead wire with a minimum of 1051 C rating. Wire size shall be based on not less than 500 circular mils per ampere. All current carrying bolts, terminals and connections made through the panel shall be either soldered to the bolt heads or made by use of double nut method, so as not to depend on the compression strength of the panel to maintain a tight connection. Tap changing studs and output lugs shall be minimum of 5/16" in diameter. O. Each rectifier shall be provided with a stamped or engraved metal name plate with the following information: 1. Name of manufacturer 2. AC input volt 3. AC input amps 4. AC frequency 5. Phase 6. DC output volts 7. DC output amps 8. Ambient temperature in degrees C. FY002262 Fayetteville Water Tank Repainting Section 13315-3 In addition to this a waterproof envelope, placed in a suitable holder within the rectifier shall contain a complete wiring diagram, operating and maintenance manual, and a copy of the test data obtained on the final bench check out of the rectifier. 2.02 2.03 2.04 2.05 2.06 INSTRUMENT PANEL A. Phenolic Grade XXX, nonconductive, moisture resistant, specifically designed for panel board use. ANODE SYSTEM A. Internal platinum niobium copper cored co -extruded anode element. Element sized to produce minimum 25 mA/Ln Ft current output at continuos operation for 20 years in fresh water electrolyte. B. Internal anode element to be housed in an open weave, high strength non-conductive chlorine resistant flexible housing. Housing tensile pull strength of 3,800 lbs. and minimum 15% elongation characteristics suitable for anode movement during icing conditions. C. Internal anode element assembly shall incorporate electrically redundant multi -loop type PL7 waterproof connection system to insure even current distribution along the entire anode element length and to insure extended anode life. D. Anode lead wire shall be AWG #12 type HMWPE, length as required by the design. E. Anode assembly manufacturer must have a minimum 10 -year experience in manufacturing this type of anode assembly specifically designed for water tank cathodic protection application. Anodes shall be MATLOR type PF water tank anode assemblies. F. The anode array shall be installed in such a manner to deliver a homogeneous current density to the submerged surfaces to be protected and to be designed for whatever icing conditions may be encountered in the tank's geographical location. REFERENCE ELECTRODE A. The reference electrode shall consist of a copper -copper sulfate electrode which is manufactured to remain stable (plus or minus 25MV) for a minimum of ten (10) years. The reference electrode to lead wire connection shall be encapsulated to prevent water migration. WIRING A. All wiring within the tank shall be insulated to prevent copper conductor to water contact. B. All wiring on the exterior of the tank shall be insulated and run in rigid conduit. A. All hardware used in conjunction with the system shall be protected against corrosion. FY002262 Fayetteville Water Tank Repainting Section 13315 -4 I PART 3 EXECUTION 3.01 WORKMANSHIP AND INSTALLATION A. The system shall be installed by personnel who are specifically trained and qualified in the installation of cathodic protection systems. No installation, calibration or ' testing shall be performed without the presence and supervision of a corrosion technician certified, as such, by the National Association of Corrosion Engineers. All work shall be in accordance with following requirements. 1) Components of the cathodic protection system shall be installed in the manner and at the locations as shown on the submittal drawings prepared by ' the supplier's corrosion engineer. 2) Welding, cutting and coating shall be in accordance with AWWA Standards ' D 100, D 102, and D105. 3) Materials and equipment shall be inspected prior to installation. Any defective component shall be repaired or replaced. 4) Electrical work shall be in accordance with the National Electrical Code. ' 5) Lead wires shall be installed to prevent damage from abrasion. 6) Electrical connections within the tank shall be sealed to prevent water ' migration. 7) The rectifier shall be mounted at a convenient height (eye level) above grade ' for monitoring and service purposes. 8) Work provided by the cathodic protection contractor shall be completed in a t clean and safe manner. 3.02 ENERGIZING SYSTEM ' A. After the system is installed and the tank is filled, the Contractor shall provide startup service which includes energizing, testing, and adjusting the system for optimum performance of the cathodic protection system. This startup service shall be '• coordinated with the Engineer. In addition to the startup service, "as -built" drawings and an Owner Maintenance Manual shall be submitted to the Engineer. B. An annual test and adjustment of the system shall be conducted approximately twelve (12) months after the startup service and the final test and adjustment shall be conducted approximately 24 months after startup service. ' C. All testing shall be conducted with a calibrated portable copper -copper sulfate reference electrode and a portable high impedance voltmeter. A minimum of five (5) ' locations shall be measured. All test data shall be reviewed and evaluated by a corrosion engineer in accordance with criteria for protection. IFY002262 Fayetteville Water Tank Repainting Section 13315 - 5 3.03 REPORT A. The final inspection report to the Engineer shall include: 1. Potential profile readings including a drawing showing the relative location of each reading. 2. DC voltage and amperage of each DC anode circuit during which the profile was taken. 3. Water level, in feet below the overflow, during profile. 4. Power unit adjustment. 5. Photographs showing installed hardware and anodes. 6. Cathodic protection operating instructions including recommended current. 3.04 GUARANTEE A. All workmanship, equipment, and materials furnished by the Contractor shall be guaranteed for two (2) years. 3.05 SERVICE AGREEMENT A. The Contractor shall furnish a service agreement for the type of system installed. The agreement shall include the annual service rate, for services beyond the first and second year, and a complete description of the scope of work proposed. B. The agreement for annual inspection and potential testing shall include as a minimum: 1) One (1) annual job site visit. 2) Tank -to -water potential measurements conducted at representative locations within each tank. A minimum of four (4) location shall be measured. 3) Measurements shall be conducted with a portable high impedance voltmeter and a calibrated copper -copper sulfate reference cell. 4) Adjustments for optimum corrosion control shall be in accordance with criteria for protection. 5) Data recorded shall provide sufficient information to evaluate the performance of the system relating to criteria for protection. 6) In the event additional work is required, the Contractor shall submit a report with recommendations for optimizing corrosion control. 3.06 PAYMENT A. Payment will be made at the lump sum price bid in the Proposal for the completed and accepted cathodic protection system. Payment shall include inspections, testing and service work at 12 and 24 months after startup. END OF SECTION FY002262 Fayetteville Water Tank Repainting Section 13315-6 ' A • • I I I I I I I I I I I I I I APPENDIX A Arkansas State Licensing Law for Contractors I U. ,SHE STgT O� acY',•+ F O v y / � � a • Arkansas State Licensing Law For Contractors ' Act 150 of 1965 ' As AlbyAct.eded by Act: of 1967 ' of 1969 of 1971 of 1977 U. of 1979 of 1981 of 1985 ' of 1987 f 1989f 1989of 1993of 1995f 1997f 1997 Revised May, 1997 1 1 1 As Amended by Act: 142 of 1967 293 of 1969 546 of 1971 684 of 1977 1020 of 1979 9275 of 1981 180 of 1985 495 of 1987 26 of 1989 795 of 1989 856 of 1993 553 of 1995 335 of 1997 378 of 1997 An Act to Recodify the Provisions of Act 124, Approved February 24, 1939, and Act 217, Approved March 20, 1945. and Act 153, Approved February 23, 1951 and regulating the Practice of Contracting in the State of Arkansas; to Fix Maximum Salaries and Establish Qualifications for Employees of the Board and to Limit the Number of Employees to be employed by the Board. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: CHAPTER 25 CONTRACTORS Subchapter I - General Provisions §17-25-101 Definition (a) As used in this chapter. unless the context otherwise requires, "contractor' means any person. firm, partnership, copartnership, association, corporation, or other organization. or any combination thereof, who, for a fixed price, commission. fee, or wage, attempts to or submits a bid to construct, or contracts or undertakes to construct, or assumes charge, in a -1- supervisory capacity or otherwise, or manage construction. erection, alteration, or repair, or has or have constructed, erected, altered, or repaired, under his, their, or its direction, • any building apartment, condominium, highway, sewer, utility, I. grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residenea, when the cost of the ; work to be done, or done, in the State of Arkansas by the contractor including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more. However, when a ;' person or entity acts as a contractor in the construction, erection, alteration, or repair of his own or its own property, such action shall not result in the person or entity being required to obtain a license, but the person or entity must ' comply with all other provisions of this subchapter. (b) However, the twenty thousand dollar ($20,000) exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in -progress change orders, is divided into separate contracts of amounts less than twenty thousand dollars ($20,000). a purpose being to circumvent the provisions of this chapter. (c) It is the intention of this definition to include all improvements or structures, excepting only single family residences. (d) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractors ' project, if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. §17-25-102 Exemptions The following shall be exempted from the provisions of ' this chapter: (1) The practice of contracting as defined in §17-25-101 ' by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision of this state; (2) Architects and engineers; whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and supervision that is customarily famished by architects and engineers. §17-25-103 Penalties - Enforcement (a) Any contractor shall be deemed guilty of a -2- I I H misdemeanor and s& liable to a fine of not less than one hundred dollars ($I00) nor more than two hundred dollars (S200) for each offense, with each, day, to constitute a separate offense, who: (I) For a fixed price, commission, fee, or wage, attempts to or submits a bid or bids to construct or contracts to construct, or undertakes to construct, or assumes charge in a supervisory capacity or otherwise, of the construction, erection, alteration, or repair, of any building, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor including, but not limited to, labor and materials, is twenty thousand dollars ($20,000) or more, without first having procured a license to engage in the business of contracting in this state; (2) Shall present or file the license certificate of another; (3) Shall give false or forged evidence of any kind to the board, or any member thereof, in obtaining a certificate of license; (4) Shall impersonate another; or (5) Shall use an expired or revoked certificate of license. (b) The doing of any act or thing herein prohibited by any applicant or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license to an applicant or to revoke the license of a licensee. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him any book, writing, or other thing under his control which he is bound by law to produce in evidence. (d) No action maybe brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e) (I) (A) Any contractor who, after notice and hearing, is found by the Contractors Licensing Board to have violated, or used a contractor in violation of, this section shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed -3- three percent (3%) of the total contract ing performed by the contractor. (B) The penalty provided for in this subsection, plus interest at ten percent (10%) per annum, shall be paid to the Contractors Licensing Board before the contractor ran be issued a license to engage in the business of contracting in this state. In addition to the assessment of the penalty, the Contractors Licensing Board may, upon a finding of a violation of this section, issue an order of abatement directing the contractor to cease all actions constituting a violation of this section. (2) The Contractors Licensing Board shall have the power to withhold approval, for up to six (6) months, of any application from any person who, prior to approval of the application, has been found in violation of this section. (3) All hearings and appeals therefrom under this section shall be pursuant to the provisions of the Administrative Procedure Act, as amended §25-15-201 et seq. (4) No proceedings under this section may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred (5) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the section. (6) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this section. §17-25-104 Injunction When any contractor not licensed by this board shall engage or attempt to engage in the business of contracting as herein defined, the board shall have the right to go into the proper court in the jurisdiction in which the work is being performed and, upon affidavit, secure a writ of injunction, G'J without bond,,•training and prohibiting the contractor from ' performance of the work then being done or about to commence. . §17-25-105 Form of Indictment In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that " 'A' unlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so." §17-25-106 Grain Bin Exemption The provisions of this section shall not apply to the construction of grain bins on a farm which are to be used solely for the purpose of storing grain harvested by the owner or lessee of the farm. Subchapter 2 - Contractors Licensing Board §17-25-201 Creation - Members (a) There is created a Contractors Licensing Board. consisting of seven (7) members, who shall be appointed by the Governor. (b) Each member shall beat least thirty-five (35) years of age and must have been a resident of the State of Arkansas for I the previous five (5) years. (I) (A) Five (5) members shall be contractors of not less than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractors license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his business the construction of highways. (2) Two (2) members of the board shall not be actively engaged in or retired from the profession of -5- - contracting. One (1) shall repres ent eons. and one (I) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. ' (c) (I) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth '• year. (3) Each member shall hold over after the expiration of his term until his successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. ' (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon ' the discharge of the duties of his office, shall file with the Secretary of State the constitutional oath of office. (e) (I) Each member of the board shall receive fifty ' dollars ($50.00) per diem while the board is in session and reimbursement for necessary traveling expenses, board, and lodging. ' (2) Each member of the board shall receive fifty dollars ($50.00) per diem in addition to the per diem provided for in subdivision (I) of this subsection. ' §17-25-202 Organization and Functions (a) The board shall elect a chairman, vice-chairman, and ' secretary, each to serve in his respective capacity for one (I) year. Officers shall be elected by the board annually. (b) The board shall have two (2) regular meetings in each ' year: one (I) meeting shall be in the month of February, and one (I) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on call of the chairman of the board. (c) Special or adjourned meetings may be held at such times as the board may provide by the bylaws which it shall adopt, or at such times as the board may, by reasonable resolution, provide. -6- I (d) Due n of each meeting and the time and place thereof shall be given to each member in such manner as the bylaws shall provide. (e) Three (3) members of the board shall constitute a quorum. (f) The board shall adopt a seal for its own use and shall have on it the words, "Contractors Licensing Board, State of Arkansas, Seal," and the secretary shall have charge and custody of it. §17-25-203 Powers (a) The board shall have power to make such bylaws, rules, and regulations for its operation as it shall consider appropriate, provided that they are not in conflict with the laws of the State of Arkansas. (b) All expenses incurred by the board for the administration of this chapter are authorized to be paid by the board. (c) The board, or any committee thereof, shall be entitled to the services of the Attorney General or other state legal counsel as deemed appropriate, in connection with the operation of the affairs of the board. Additional legal counsel may be employed by the board from time to time as it may deem necessary. §17-25-204 Employees The board shall employ a chief administrative employee, also known as administrator, who shall possess such qualifications as may be determined by the board and who shall serve at the pleasure of the board. In addition, the board may employ such additional professional and clerical employees as may be necessary for the operation of the board and its various functions and pay salaries thereto as may be authorized by law. §17-25-205 Disposition of Funds The fees of the Contractors Licensing Board shall be deposited in banks to be used by the board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules and regulations prescribed by the Director of the Department of Finance and Administration. §17-25-206 Records and Reports (a) The secretary shall keep a record of the proceedings of the board. -7- I r L J (b) The secretary shall keep a reer of all applications for license showing for each: (1) The date of application, name, qualification, place of business, place of residence; (2) Whether the license was granted or refined; (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing. (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including transcripts of proceedings, under the seal of the board and attested by its secretary, shall be received in evidence in all courts of the state in lieu of the original. (d) A roster showing the names and places of business and of residence of all licensed contractors shall be prepared by the secretary of the board as soon as convenient during the month of August of each year. The roster shall be ordered printed by the board and paid for out of the funds appropriated for the operation of this chapter. (e) On or before August I of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures of the board attested by the affidavit of the chairman and secretary and a copy of the roster of licensed contractors. (f) A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be furnished to any applicant or licensee desiring to appeal from the findings of the board, as provided in §17-25-312, upon payment of the costs of transcribing the record. Subchapter 3 -Licensing §17-25-301 Significance - Proof (a) Thc issuance of a certificate of license by the board shall be evidence that the person, firm, or corporation named therein is entitled to all of the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired. (b) (I) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, -8- condominium, utility, highway. sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is twenty thousand dollars ($20,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, furnish satisfactory proof to the inspector or authority that he is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he is either exempt from the provisions of this chapter or is duly licensed under this chapter to arty out or superintend the work for which the permit has been applied. §17-25-302 Limitations The board shall have power to limit the license to the character of work for which the applicant is qualified. §17-25-303 Application - Renewal - Fees (a) (I) Any person desiring to be licensed as a contractor in this state shall make and file with the board thirty (30) days prior to any regular or special meeting thereof, a written application on a form as may then be prescribed by the board, for examination by the board The application shall be accompanied by payment in a sum to be determined by the board but not to exceed one hundred dollars ($100) to the Contractors Licensing Board, State of Arkansas. (2) The thirty (30) day requirement may be waived by the Contractors Licensing Board provided the contractor has on file with the Contractors Licensing Board a completed original application and proof of successfully completing any examination required. (b) Thereafter an annual renewal license fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee to defray the costs and expenses of the administration of this chapter. ' §17-25-304 Financial Statement (a) (1) All persons and entities required by this chapter to be licensed by the Contractors Licensing Board shall transmit to the board with their original applications an audited financial statement of the applicant audited by a certified public accountant or registered public accountant- (2) All persons and entities licensed by the Contractors Licensing Board shall transmit to the board with renewal applications a financial statement of the applicant -9- C C C C H E I I I I I I I reviewed by a certified public accountant or gistered public accountant according to Americus Institute of Certified Public Accountants' Professional Standards. (b) The financial statement so furnished shall not be public information and may not be made available for inspection by any person, unless pursuant to an order of a court of competent jurisdiction. After the contractor is licensed, the Contractors Licensing Board shall have the option of destroying the financial statement by the process of shredding or returning the financial statement to the contractor. §17-25-305 Applicant Qualifications (a) The board, in determining the qualifications of any applicant for original license or any renewal license, shall, among other things, consider the following: (I) Experience; (2) Ability; (3) Character; (4) The manner of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other fact tending to show ability and willingness to conserve the public health and safety; and (8) Default in complying with the provisions of this chapter or any other law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. §17-25-306 Examinations - Certification (a) If an application complies with the board's rules and regulations, then the applicant shall be entitled to an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the board, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas. (c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular (cc. §17-25-307 Expiration All c ttificues of license to engage in the business of contracting in the State of Arkansas shall expire at 1290 -10- midnight on they before the anniversary date of their issuance unless otherwise designated by the board, and they shall become invalid on that day unless renewed. §17-25-308 Grounds for Revocation The board shall have the power to revoke the certificate of license of any contractor licensed under this chapter who is found guilty of any fraud or deceit in obtaining a license or for aiding or abetting any contractor or person to violate the provisions of this chapter or for gross negligcncc, incompetence, or misconduct in the conduct of the contractors business. §17-25-309 Procedure for Revocation - Reissuance (a) Any person may prefer charges in connection with the foregoing against any contractor licensed under this chapter. (b) The charges shall be in writing and sworn to by the complainant and mailed to the board and, unless dismissed without hearing by the board as unfounded or trivial, shall be heard and determined by the board within thirty (30) days after the date on which they were made. (c) A time and place for the hearing shall be fixed by the board and held in the City of Little Rock. (d) A copy of the charges, together with the notice of the time and place of hearing, shall be considered as legally served by the board when sent to the last known address of the accused by registered mail, at least ten (10) days before the date fixed for the hearing. In the event that such service cannot be effected ten (10) days before the hearing, then the date of hearing and determination shall be postponed as may be necessary to permit the tarrying out of this condition. (e) At the hearing the accused contractor shall have the right to appear personally and by counsel and to cross-examine witnesses and to submit evidence in the contractor's behalf and defense. (1) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then the board shall revoke the license of the contractor, but in that event no refund shall be made of the license fee. (g) Within its discretion and upon proper application or hearing, the board may reissue a license to any contractor whose license has been revoked. (h) The board shall immediately notify the Secretary of -11- 11 shall also ve the power to assign the right or Live ner micron I State of its findings in the c se revocation of a license, or of a rcissuanec of a revoked license. §17-25-310 Replacement A certificate of license to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules and regulations of the board. §17-25-311 Corporations and Partnerships Unlawful Acts (a) A corporation or partnership may engage in the business of contracting when licensed by the board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. §17-25-312 Review Any party aggrieved by any decision of this board shall have the right to seek review thereof pursuant to the provisions of the Administrative Procedure Act, as amended, §25-15-201 et seq. §17-25-313 License Requirements to Accompany Invitation to Bid All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter, or such portions thereof, as are deemed necessary to convey to the invited bidder, whether he is a resident of this state or not, the information that it will be necessary for him to have a certificate of license from this board before his bid is considered. §17-25-314 [Repealedl §17-25-315 Rules and Regulations - Federally Funded Projects - Contractor Qualifications (a) The board shall have the power to promulgate rules and regulations for the efficient enforcement of this chapter and to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds prior to the contractor being licensed by the board. No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the board. (b) The board shall have the power to provide by, regulation for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds. However, no contractor shall submit a bid under this section prior to submitting application for licertsure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the board. -12- 1 -13- I I ARKANSAS STATE CONTRACTORS BOND LAW ACT 162 OF 1987 As Amended by: Act 487 of 1989 Act 783 of 1991 Act 37 of 1992 • • t Subchapter 4 - Contractors Bond §17-25-401 Definitions (a) (1) 'Contractor' shall include al original, prime and general contractors an all subcontractors. It is defined to be any person, firm, joint venture, partnership copartnership, association, corporation, o other organization engaged in the business o the construction, alteration, dismantling demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains streets, disposal plants, water filters, tanks towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and g wells, water wells, pipelines, refineries industrial or processing plants, chemica plants, power plants, electric, telephone, o any other type of energy or messagi transmission lines or equipment, or any other kind of improvement or structure. , (2) The term 'contractor' shall include any contractor who is required to obtain contractor's license under the state licensinil law of this State, §17-25-101 et seq. (b) However, when a person or entito acts as a contractor in the construction, erection, alteration, or repair of his own o its own property or of a single-famil residence or if the cost of the work to be done, including, but not limited to, labor ani materials, is less than twenty thousan dollars ($20,000), the person or entity shay not be deemed a contractor under t chapter. L C I I §17-25-402 Expenses - Deposition of Funds (a) All expenses incurred by the board for the administration of this subchapter are authorized to be paid by the board. (b) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro -rata, based upon the amount of taxes, premiums and contributions due to the Department of Finance and Administration, Employment Security Division, Workers' Compensation Commission, or any city, county or school district, or any other State agency or other political subdivision of the State, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the Contractors Licensing Board to defer the cost of enforcement. (c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law. §17-25-403 Liability of Customer In the event the contractor fails to honor its financial obligations to the State of Arkansas, any city, county, school district, State agency, or other political sub -division -2- of the State, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas, or any city, county, school district, State agency, or other political subdivision of the State, on that customer's project provided that the customer receives written notice of the contractors failure to comply with this subchapter prior to final payment to the contractor. §17-25-404 Bond - Filing, Terms (a) Before commencing work or undertaking to perform any services or duties in the State, a contractor shall file with the Contractors Licensing Board as the depository agency, a surety bond of a surety authorized to do business in this State or a cash bond. The bond shall be a condition of licensure and a contractors license shall not be released until the bond has been properly filed. (b) The bond shall be: (1) In a penal sum of Ten Thousand Dollars ($ 10,000.00); (2) Payable to the State of Arkansas; (3) Conditioned on the contractor complying with the tax laws of the State of Arkansas, and when applicable, any city, county, school district, State agency, or other political subdivision of the State, the Arkansas Employment Security Act 11-10- 101 et seq., the Workers' Compensation Law 11-9-101 et seq., and the provisions of this subchapter. -3- § 17-25-405 (Repealed) § 17-25-406 Notice of Bond Cancellation (a) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days prior to cancellation. The Contractors Licensing Board shall notify the Department of Finance and Administration, the Employment Security Division, and the Workers' Compensation Commission of the notice of cancellation. It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with State law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate State law. (b) A contractors license that has become invalid due to bond cancellation may be reinstated upon receipt of proper replacement bond. §17-25-407 (Repealed) §17-25-408 Failure to Comply Penalties - Enforcement (a) The fact that a contractor is performing or has performed work in Arkansas and compliance as required by this subchapter has not been met shall constitute prima facie evidence of failure to comply. -4- (b) Upon notice to the contractor and a hearing thereon is requested by t contractor or if deemed appropriate by th board or any committee thereof, should it be determined that a violation exists, the boa or committee may assess a penalty f noncompliance in a sum not to exceed fly percent (5%) of the value of the contra performed, and upon a finding of a second or subsequent violation, the contractor may assessed a penalty equal to ten percer� (10%) of the value of the contract performed. Further, any contractor found violation for a second or subseque violation of this subchapter may lose its contractors license for a period of one (it year. The board or committee may als issue an order to cease and desist the work pending compliance. (c) Failure of a contractor to comply with the provisions of this subchapter sha be grounds for revocation of any licens issued to the contractor by the Contractors Licensing Board. , (d) Enforcement of the bond filing requirements contained herein shall be th responsibility of the Contractors Licensino Board. (e) The board shall have the power tw make such rules and regulations for enforcement as it may consider appropriat' and not in conflict with Arkansas law. I I 5 I I I §17-25-409 Proceedings upon Violation (a) Regarding any violation of this subchapter,. the board shall have the power to issue subpoenas and bring before the board as a witness any person in the State and may require the witness to bring with him any book, writing, or other thing under his control which he is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the Circuit Court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal. (d) All hearings and appeals therefrom under this section shall be pursuant to the provisions and the Administrative Procedure Act, as amended, §25-15-201 et seq. -7- -6- FAYETTEVIPLE S THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council Thru: Dan coody, Mayor Don Bunn, Assistant PWD L Jim Beavers, City Engineers From: Sid Norbash, Staff Engineer4.," Date: May 31, 2001 Re: Rogers Drive Tank Painting Project Approval of Construction Contract The above referenced project is a CIP Project for this year. Bids were received for the painting of one of our 4 million gallon tank on Rogers Drive. The results are as follows: Protective Linings & Coatings, Inc. $250,600.00 Utility Service Company, Inc. $315,175.00 The bid tabulation and the award recommendation are attached. The Staff is requesting the Council's approval of: (1) The attached contract agreement with the low bidder, Protective Linings & Coatings, Inc., in the amount of $250,600.00. (2) 15% Project Contingency in the amount of $37,590. (3) The related Budget Adjustment in the amount of $72,741. SN/sn attachments: vicinity map Agreement t - . . • - I. .. • • • . - - • I - • I •• •. *•.. - . -' •1• . • •.. • ., . • • ..• . . •• £. •.' . • -: . ._ •. -, - t - • . • ,• .• - - I. .. •• • . . . -• ;..; I •• --, . • t -, $ ,. •-- . IN :_.. ..-,,':,'. .'.: ••_ ., •- •••_• I • .- -, 112 3 .ao. ow wur .our ` ❑ rny. a®❑.. U ❑ ❑ 3 ova0 DEE13 ❑❑ I ❑� ❑❑ U ❑_� � 1 r ❑ Wilson Park cPa k • Pork 71 u �4pcmotm 00 ® oI °.n_ ❑❑ ❑❑o❑ 1 8 4 3®No❑O a❑�off r� O f a Ww rIL NO ❑❑� Ww ❑ b 90 I _______ ___ ______ _____ __ v _xliII_xl ___ ❑® E � SISG Fw W ❑:-loaf° wa •❑❑Q0©❑ as t❑ r- 2000* oaL-4-_Ioo .. ❑®❑ Y ���� ❑ r DD �' TANKS !i __________ / RODS ❑ 190 Y r Y ��Ctn E ❑ o F [ fm _ •1. ❑ aL❑❑O ruMS+uc •o a6` 'U E 1M pPLWE i Malkar tl iINIlct „c ,. y S g Park �nw • t ❑� y a . ism • L_JF❑ 16 pd . m rr�.gym C y awE 1 5 e y ® e Mcas land LOCATION MAP Consulting RODGEM DRIVE Englnesr>s TANKS Y zor» Incorporated FAIET1Elf1E M(NHl4 E� c . ❑ x / Little RockIC FayettevilleRVM Ul BY a R , orUi c 265 900 Ma pan 1810 MCafbps _ 1 2000FY002262 MCEMcCLELLAND CONSULTING DESIGNED TO SERVE ENGINEERS, INC. May 30, 2001 Mr. Sid Norbash Staff Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Bid Opening Rodgers Drive Tank Repainting Dear Mr. Norbash: MAY31 P.O. Box 1229 Fayetteville, Arkansas 72702-7229 501-443-2377 FAX 501-443-9241 Bids were received on the referenced project at 10:00 AM, May 30, 2001. Two bids were received. They have been checked and tabulated and a bid tabulation is attached. Both bidders are properly licensed and submitted proper bid bonds. Both bidders are experienced in this type of tank repainting. The low bidder was Protective Linings & Coatings, Inc. of Alexander, Arkansas with a bid total of $250,600. We had completed a preliminary engineer's estimate in the amount of $248,000 for this painting work. However, our estimate did not include the cathodic protection system work, which was a $9000 bid item, so the low bid price would have been under our estimate, if it had been complete. Mr. Carey Gould, the President of Protective Linings & Coatings, Inc., attended the bid opening and indicated that he was ready to get started as soon as the project could be approved by the City of Fayetteville. Consequently, we recommended that the contract be awarded to Mr. Gould's firm. We are returning the bid documents to Mrs. Vice. Very Truly Yours, L1k Robert W. White, P.E. Vice President Encl: Bid Tabulation cc: Mr. David Jurgens, PE., with/encl. 1:200010022621Concspondcncc/Norbash 5-30.doc 0 -X- AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville Cit STAFF REVIEW FORM Council meeting of ACTION REQUIRED: Approval of ( the Construction contract with Protective Linings & Coatings, Inc. for Rogers Drive Water Tank - Painting Project, in the amount of $250,600, (2) a project contingency amount of $37,590 (15%), (3) The related Budget Adjustment in the amount of $72,741. COST TO CITY: $288.190.00 $247,434 Rogers Dr. Water Tanks Painting Cost of this Request Category/Project Budget Category/Project Name 5400-5600-5808-00 Account Number 97044-0020 Project Number 531,985 Capital Water Funds Used To Date Program Name 5215.449 Water & Sewer Remaining Balance Fund X Budgeted Item x Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date City ttorney ate GRANTING AGENCY: ADA Coordinator Date a I Q L(_t.[.,, ,tlIl,., lobi O Internal ditor Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Construction Contract, the Contingency, and the budget adjustment. M �/"! Dip'0'/ 01 Di 'sio e d Date Depa ent i ector pDate A& A istrative S vices Director Date ig-te Date New Item: Yes -x No_ Pre Or/Res #: Orig Contract Date: Staff Review Form Description/ Rogers Dr. Water Tanks Painting Date 6-19-2001 Project Name Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: June 21, 2001 Attached is a copy of the resolution approing the construction contract with Protective Linings and Coatings to repaint a Rogers Drive water tank. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Steve Davis, Budget and Research i PART I BIDDING REQUIREMENTS I 0 • H I Li I I I I I I I I I I I I I PART II CONTRACT FORMS C1 I I I Ii I I I I I PART III I CONDITIONS OF THE CONTRACT I H H L I H I I H I I LJ u u H I I I I I I PART IV SPECIFICATIONS