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Home My WebLink About168-06 RESOLUTIONRESOLUTION NO. 168-06 A RESOLUTION APPROVING A CONTRACT WITH C. GREEN SCAPING, LP IN THE AMOUNT OF $145,200.00 FOR WETLANDS CONSTRUCTION, BURNING AND PLANTING; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $14,500.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract with C. Green Scaping, LP in the amount of $145,200.00 for Wetlands construction, burning and planting. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the Ci y Council of the City of Fayetteville, Arkansas hereby approves a project contingency in he amount of $14,500.00. PASSED and APPROVED this 17th day of October, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: SONDRA SMITH, City Clerk ......... `�R. /TRL........ _ac • •• ; ^mss • E • FAYETTEVILLE: a N Sp; Jam,` ,wuu.... DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No.: 06-50 Project No.: 021:13-0314 Date: August 3, 2006 tin THIS AGREEMENT is dated as of the 1-1 day of Ockbet in the year 20 Oby and between the City of Fayetteville, Arkansas (hereinafter called Owner) and C. Green Scaping, L.P. of North Richland Hills, Texas called Contractor). ARTICLE 1 - WORK (hereinafter 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: • Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding. 1.02 The Project for which the Work under the Contract Documents may be the whole or only a par: is generally described as follows: The Contract provides for the implementation of WETLAND COMPENSATORY MITIGAT ION requirements of the individual Section 404 Permit File No. 14207, issued by :he U. S. Army Corps of Engineers to the City of Fayetteville, Arkansas. The Contractor shall be responsible for implementing all applicable requirements of the Sectio 1404 Permit associated with the construction activities that the successful Bidder wi .1 be contracted to perform. The wetland berms and water control structures are currently being constructed under a separate contract. Contract ttsks shall include seedbed preparation and seeding at an approximately 31 -acre sie owned by the City of Fayetteville. More specifically, this project includes a controlled bum of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. 00500-Agreement.doc 00500 — 1 DOCUMENT 0050( — AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2.02 All work avid materials shall be subject to direction and approval by the Wetland Scientist. For this work, the City of Fayetteville has contracted a Wetland Scientist to augment ft e staff of the Engineer and to evaluate the controlled burning, and seeding operations including the evaluation and acceptance of the material and work performed by Contractor. This individual shall serve as the City of Fayetteville's project representative as it relates to this specification. This individual shall have the authority c f the Engineer in performing wetland science -related services. The work of the Wetland Scientist is subject to approval by the Engineer and the City of Fayetteville. The Wetland Scientist is identified as Environmental Consulting Operation:, Inc. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES F DR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within One Hundred Fifty (150) calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within One Handred Eighty (180) calendar days after the date when the Contract Times commence to run. 00500-Agreement.doc 00500 — 2 DOCUMENT 00500— AGREEMENT (continued) 3.03 LIQUIDA FED DAMAGES: A. Omer and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual las suffered by Owner if the Work is not Substantially Completed on time. A<:cordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shill pay Owner Two Hundred Fifty ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. ARTICLE 4 - CONTRACT PRICE 4.01 Owner sh. 11 pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. LUMP SUM CONTRACT PRICE: For all Work (other than Unit Price Work) a Lump Sum of: One Hundred Forty -Five Thousand -Iwo Hundred and no/100 Dollars ($ ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMIT'AL AND PROCESSING OF PAYMENTS: 145,200.00 ) A. C )retractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Owner and Engineer as provided in the GENERAL CONDITIONS. 00500-Agreement.doc 00500 — 3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: Owner shall make progress payments on account of the Contract Price on the ba is of Contractor's Applications for Payment as recommended by Engineer, within approximately 30 days of receipt of the Application for Payment, during construction All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer and Wetland Scientist, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to Owner as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price 00500-Agreement.doc 00500 — 4 DOCUMENT 00500— AGREEMENT (continued) (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and sa .'ety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner ar, d others at and contiguous to the Site that relates to the Work as indicated in the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, arThiguities, or discrepancies that Contractor has discovered in the Contract D )cuments and the written resolution thereof by Engineer is acceptable to Contractor. I. Tte Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between Cwner and Contractor concerning the Work consist of the following and may ally be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1 This Agreement. 00500-Agreement.doc 00500 — 6 DOCUMENT 00500— AGREEMENT (continued) 2. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Labor -Related Regulations. 7. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 8. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding 9. Addenda numbers 1 to 3 , inclusive. 10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS and Notice to Proceed. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. T yrrns used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 00500-Agreement.doc 00500 — 7 DOCUMENT 0050(1— AGREEMENT (continued) 8.02 ASSIGNN ENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Cc ntract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESS ORS AND ASSIGNS: A. Owner and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and ot•ligations contained in the Contract Documents. 8.04 SEVERAI3ILITY: Aiy provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate. One counterpart each las been delivered to Owner, Contractor, and Engineer. 00500-Agreement.doc 00500 — 8 DOCUMENT 00500 — AGREEMENT (continued)� This Agreement will be effective on CALU L 17 , 20 which is the Effective Date of the Agreement. CONTRACTOR C. 3REEN SCAPING, L.P. OWNER CITY OF FAYETTEVILLE, By: Title:/f. v7 (SEAL) • Attest SO 61 rulllnmn� Address for giving not. ces 8917 Cardinal Lana North Richland Hills, Texas 76180 License No. Agent for Service of process �vRYf) b� t�ikE�.F (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500-Agreement.doc By: Title: Mayor Attest Address for giving notices 113 W. Mountain Street (SEAL) ,gpunrrrrh �.`51KITR4.11/ AC*.&.c1" 04.°10, . •,p F Fayetteville, Arkansas 72701 (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form. By: Attorney For: 6 t'AVA-fa v ILL :FAYETTEVILLE: • 00500 — 9 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 17 -Oct -06 City Council Meeting Date Water/Wastewater Division Action Required: top 7/66 /68 e. 6ra.s-I inS/ Lfl Water/Wastewater Department Approval of a contract with C. Green Scaping, in the amount of $145,200.00, for Wetlands construction, burning, and planting, Subproject WP -2b, and approve a 10% contingency of $14,500.00. $159,700.00 Cost of this request 4480-9480-5315.00 Account Number 02133.0314 Project Number Budgeted Item XXX 117,265,766.00 Category/Project Budget 107,809,685.83 Funds Used to Date 9,456,080.17 Remaining Balance Budget Adjustment Attached Z Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name t Water/Sewer Fund Name Previous Ordinance or Resolution # Dae Original Contract Date: Original Contract Number: City Attorney Finance and Internal Service Director Date ate Received in Mayor's Office CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody Fayetteville Sewer Committee From: David Jurgens, Water and Wastewater Director Date: 28 September 2006 City Council Meeting of October 17, 2006 Subject: Approval of a contract with C. Green Scaping, in the amount of $145,200.00, for Wetlands construction, burning, and planting, Subproject WP -2b, and a 10% contingency of $14,500.00 RECOMMENDATION City Administration recommends approval of a contract with C. Green Scaping, in the amount of $145,200.00, for wetlands construction, burning, and planting, subproject WP -2b, and a 10% contingency of $14,500.00. BACKGROUND The City received one bids for this project, as follows: C. Green Scaring $ 145,200.00 (low bid) Engineer's Es' imate $ 155,000.00 The Contract provides for implementation of wetland compensatory mitigation requirements of the City's Corps of Engineers section 404 Permit 14207. Contract tasks include seedbed preparation, including spot - application of herbicide, a cor trolled bum of the site, seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. The berms and water control structures are currently being constructed under the West Side WWTP contract by Brasfield & Gorrie. This is the next phase of the Wetlands Mitigation concept of operations, which has been broken into three phases: Phase 0- herbicide spray application; Phase I- burning, and planting grasses and forbs; and Phase II- soil testing and planting Ines and shrubs. Details on the Wetlands site development are in the attached Wetlands Mitigation Project Concept of Operations information paper. DISCUSSION The bid has been reviewed by two Engineering firms working on the joint design, McGoodwin, Williams, and Yates, Inc., and Environmental Consulting Operations, Inc. Both recommend the contract be awarded in the attached letters of recommendation. Although only one bid was received, the Engineers and Staff, based on thorough reference checks, feel it is a good bid from a reputable contractor and that the contract should be awarded. The cost s lower than the Engineer's estimate. Delaying this award would delay the wetlands construction, as much of this work has to be executed in the upcoming fall season. BUDGET IMPACT Funds are available in the Wa ;tewater System Improvement Project budget. Attachments: Bid tab ECO Letter of Recommendation McGoodwin, 'Williams and Yates Letter of Recommendation Contract Wetlands Mitigation Project Concept of Operations information paper Purchase Order WP -2b Wei lands Phase 1 CCMemo 0006 RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH C. GREEN SCAPING, LP IN THE AMOUNT OF $145,200.00 FOR WETLANDS CONSTRUCTION, BURNING AND PLANTING; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $14,500.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract with C. Green Scaping, LP in the amount of $145,200.00 for Wetlands construction, burning and planting. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas a Project Contingency in the amount of $14,500.00. PASSED and APPROVED this 17th day of October, -;:006. APPRO OODY, Mayor ity Clerk k ii Cr 00) bii) § 3 3 k // \\\�a §| C - 7 k _ \ !;§ "Cp § - \/ Cd, \} I§ , # ® H \ \k \e k - 0 §r11' §} ■R�]§k M) ■2u 070:50 UI 0 _ ��Immm�m�� 8 SEE \° `k®�2k2B ©§M0�0\k K� §%§■■2)§& 9 � ■§§d2§cr-w k�w\ §® � w| ■- &, In _z !! ) ;§m Co • '2 0 f ® 2E ENvmoNmaNTnr. �CONSULTING iA OPERATIONS ECO, INC. "Integrating ECOnomy and ECOIogy" "Since 1990" 1313 Highway 229-5A Benton, Arkansas 72015 Phone (501) 315-9009 FAX (501) 315-9035 e-mail: eco@aristotle.net September 28, 2006 David Jurgen, P.E. Water and Wastewater Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Recommendation of Award for WSIP Contract WP -2b — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Dear David; Only one bid was received during the September 21, 2006 Bid Opening for the project referenced above. The single bidder was C Green Scaping, L.P. for the amount of $145,200.00. Our opinion of probable cost for this phase of Contract WP -2b was $155,000.00. I have made contact with Curtis Green, Vice President of Green Scaping; conducted preliminary research regarding their qualifications; contacted their references; and reviewed the Bidder's Qualification Statement. Green Scaping, based in North Richland Hills, Texas, was established in 1984 and originally specialized in maintenance, irrigation and landscaping. In 1992, the company expanded their services to add large erosion control projects, mine reclamation, drainage control, landfills, and wetland mitigation projects They currently maintain a minimum of 22 employees and own in excess of $1.5 million of erosion control and construction equipment. For the City of Fayetteville WSIP Wetland Mitigation, Green Scaping has notified us that Cody Johnson, Project Manager; and Marty Bauer, Project Superintendent, would be their onsite representatives for the City's project. Green Scaping's capabilities include hydro -sprigging, hydro -seeding, hydro - mulching, sprigging, straw and hay mulching, broadcast and drill seeding, pipe irrigation, tree planting, biotechnical embankments, truck watenng, and establishment of native trees, grasses, and forbs. Green Scaping also has recent project experience relevant to Contract WP -2b establishment of wetland prairie vegetation and wetland compensatory mitigation under Section 404 of the Clean Water Act. I contacted the references that Green Scaping provided on their bid submittal, and received the following comments. Charles Leung: Terracon, Dallas, Texas, 214-630-1010 "Green Scaping worked with us as a subcontractor of Rodman Excavation on the restoration of a 130 -acre illegal landfill remediation site for the City of Dallas, Texas. The project involved restoration of native plants and Green Scaping conducting wetland prairie plant seeding on 100 acres, and planted 2,000 trees and 600,000 aquatic plants. I consider them to be a good group to work with, and my experience with them was very positive. Cody and Marty are very responsible individuals. A new Audubon Learning Center will be constructed on the site in the near future" Curtis Davee: Rodman Excavations, Fort Worth, Texas. 972-335-4510 "Cody and Marty are really good at what they do. I have worked with them on two projects. One was a 190 -acre wetland site where they did all the seeding and planting. We now have a good stand of vegetation, and the client is happy. They also worked with us on a 130 -acre landfill restoration project. I found Cody and Marty to be very responsible. They could easily do the 30 -acre wetland site that you are working on in Arkansas." Don Harris: Colin County, Texas Mitigation Proiect, 214-205-7322 "Green Scaping worked with us on the construction of a 480 -acre youth camp. We had no trouble with them at all. They do a good job and are good to work with. They had the equipment and personnel to get the job done. On the project, they provided native plant seeding and planted trees. They even planted aquatic plants in the ponds that we built. They have a good reputation in this part of Texas." Tim Noack: Middle Texas Municipal Water District, 214-631-6100. Our project involved transplanting 200,000 aquatic plant plugs from a wetland plant nursery to another 200 -acre site, and was under a very tight time schedule. Green Scaping bit off a little more than they could chew on this project, and had problems staying on schedule and maintaining an adequate work force. 1 will give them credit, however, that they had a challenging wetland project to deal with when planting the aquatic plants at water depths ranging from two inches to three feet deep, in addition to managing water levels under extreme circumstances. I have nothing but good things to say about Marty, Green Scaping's Project Manager. He has a very positive attitude, and is very responsive to project needs. There were a couple of times our project would have gone south, were it not for Marty making things happen." Because I have no prior project experience with Green Scaping, I am unable to absolutely confirm Green Scapmg's competency for the City's project However, from the background review I have conducted, it is apparent that they have the necessary experience, work force, and equipment to successfully complete the WP -2b — Phase I Project. Consequently, ECO, Inc. hereby recommends that the contract be awarded to C. Green Scaping, L.P. in the bid amount of $145,200.00. Do not hesitate to contact me should you have any questions. Sincerely, �rz Bruce Shackleford, M.S., REM, REPA President t....e �Olassing ,. ECO, INC. •l.t.a.n s WO..ar ..d iCOloge (11) Mc600dwin Williams fr Yates Engineering Co fidence Mr. David Jurgens, P. E Water and Wastewater Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 _ACECJ .\Vrtiu,r.d Eed Anon/ September 27,"2006 Re: Recommendation of Award Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Fayetteville Wastewater System Improvement Project Fayetteville Project No. 02133-0413 Contract No. WP -2b MWY Project No. Fy-316WLR Dear Mr. Jurgens: As you are aware, bids were received September 21, 2006, for the above referenced project. The only bid received was submitted by C. Green Scaping, L. P. of North Richland Hills, Texas, in the amount of $145,200.00. A copy of the certified bid tabulation is included for your reference, along with a copy of the list of persons attending the bid opening. Our construction cost estimate on this project prior to receipt of bids was $155,000. We have reviewed the Bidder's Qualification Statement submitted by C. Green Scaping, L. P., and based upon the information provided, believe them to be qualified for this project. C. Green Scaping has been the wetland mitigation construction business for six years under its present name, and for a total of 23 years under this and other names. Although, they list in their statement they have never provided a control burn service on any project in the past 23 years, they cite recently -completed projects: 1) a $5 million landfill restoration project completed in 2005 for the city of Dallas, TX that included 100+ acres of seeding; 2) a $250,000 Collin County, TX mitigation project consisting of aquatic planting, mitigation trees and prairie grasses, and 3) a $680,000 wetland nursery project south of Dallas, TX being constructed to "buff" or clean effluent water from the Tnnity River. A copy of their Bidder's Qualification Statement is enclosed. Mr. Bruce Shackleford of Environmental Consulting Operations, Inc. has made his own independent evaluation, and a copy of his letter of recommendation is attached While we have no way of independently verifying the present financial condition of C. Green Scaping, L. P., the contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of the notice to proceed of construction. 0R 72707 A 479-443-3404 0 419-443-4340•004.11005A.COri Mr. David Jurgen, P. E. September 27, 2006 Page 2 Therefore, we recommend that the City Council award this contract to C. Green Scaping, L. P. in the amount bid of $145,200.00. We trust the Council will concur in this recommendation. The contract documents require substantial completion of the project within 150 days and full completion and ready for final payment within 180 calendar days from the date of the issuance of the notice to proceed. If you have any questions or need any additional information, please let us know. Cordially yours, JCU:sc Enclosures cc: Mr. Bruce Shackleford, President, ECO, Inc. Mr. M. Lane Crider, P. E., MWY James C. Ulmer, P E Chief Operating Officer Information Paper- Wetlands Mitigation Project Concept of Operations City of Fayetteville Wastewater System Improvement Project The City of Fayetteville's Compensatory Wetland Mitigation is a multi -disciplined endeavor, requiring the expertise of both engineers and wetland scientists. McGoodwin, Williams and Yates and ECO, Inc. have worked together as the design team to develop design criteria for the mitigation site. The Contract WP -2b Wetland Mitigation Site Preparation Specifications were near completion in June of 2006, with plans of being ready to go to bid by mid-August of 2006. The Contract WP -2b seedbed preparation and planting/seeding could not be initiated until completion of the earthen berms, and heavy equipment was no longer on the site to disturb planted areas. The necessary work to be in compliance with the City's Section 404 permit was initially to be awarded as a single Contract WP -2b. In summary, the WP -2b project tasks were to be, as follows: • Berm construction (spring/summer 2006) • Mowing (summer 2006) • Herbicide application (late summer/early fall 2006) • Prescribed burn (fall/winter 2006) • Shallow surface cultivation and dragging (fall/winter 2006-2007) • Spot herbicide application (winter/spring 2007) • Soil testing/application of soil amendments (spring 2007) • Herbicide application (spring 2007) • Cultivation (spring 2007) • Spring seeding of grasses and forbs; and tree planting (spring 2007) Ultimately, under 404 permit requirements, the City must commence with mitigation concurrent with permanent impacts to wetlands caused by wastewater system construction, but has five years in which to successfully complete the mitigation. Before commencement of berm construction by Brasfield and Gorrie, Northwest Arkansas was in a major drought. In fact, the time period from September 2005 through March 2006 was the driest 6 -month period of record for Washington County, and the drought continued through July 2006. Cattle grazing and cutting hay, a practice that has been done for years on the mitigation site, added further stresses on the plant community during this critical dry period. Even any non- scientist would have described the vegetation on the site during this period, as `brown and "burned to a crisp". Prior to the drought, cattle grazing, cutting hay, and site drainage ditches created conditions whereby the plant community was not Section 02921 — Wetland Mitigation Site Seedbed Preparation And Planting 02921-1 very diverse. Several previous assessments of plant community composition conducted by ECO, Inc., indicated that there were only about 50-55 plant species present where the planned wetland was to be built, over half of which were invasive non-native species. In summary, the consultant's observations led to the scientific conclusion, "We have more undesirable than desirable plant species". The degraded condition of the wet prairie site was a top consideration in the development of the specifications for Contract WP -2b. A rather large list of "candidate" plant species was developed, from which the successful bidder could choose to plant or seed. This was done to allow some level of flexibility, since some seeds of native plant species are not readily available Such extensive seeding would be necessary in order to restore the degraded site, and create a diverse wetland plant community. In general, the mitigation strategy at the time was to basically start from scratch by boom application of herbicides to nd the site of undesirable species, followed by prescribed burning, then seeding of desirable species. Then significant changes were made to prevailing environmental conditions at the site that made a huge difference, accompanied by very positive and unanticipated changes in the plant community. Cattle were removed from the site in May 2006, Brasfield and Gorrie completed the structural construction portion of the berms in July 2006, and the site received almost ten inches of rain during the month of August 2006. On August 1, 2006, ECO, Inc. visited the site and conducted an additional plant community assessment. The final revised plant species list was completed on August 7, 2006. After removal of cattle grazing pressure, and changes to the hydrology via berm construction, Mother Nature moved at an amazingly fast pace to restore the degraded site. Plant species, never observed by ECO, Inc. during previous work, rapidly appeared and were no longer suppressed. The prior list of 50 to 55 species now stood at 166 species, only 38 (23%) of which were non- native! On the down side, high densities of non -desirable Bermuda, lespedeza, goat weed, and Johnson grass began thriving on the earthen berm soils that were borrowed from off site. As these new developments surfaced in early August, McGoodwin, Williams and Yates and ECO, Inc. stayed on schedule to complete the WP -2b Bid Documents. However it soon became evident that a change of strategy was in order, as the scientific conclusion changed to, "We have more desirable than undesirable plant species". A new strategy was developed for the work to be done in a less intrusive 2 manner, in order to preserve the existing desirable plant species. At this time, a decision was made to extend the August 31, 2006 Contract WP -2b Bid Opening to September 21, 2006. The first order of business was to expedite herbicide application in order to reduce impacts of undesirable species as much as possible before they went to seed, causing additional future site vegetation management problems. Phase 0 of Contract WP -2b was spawned from this, to expedite an informal bid that included only applications of herbicides, that would be "spot" applied to undesirable species, instead of large-scale (more expensive) herbicide application. Phase 0 herbicide applications will commence on September 27, 2006. The remaining work is divided into Phases I and I1, whereby the results of Phase I will be a significant factor in determining the Phase II project scope. The consultants now prefer to take the "wait and see" phased approach, and utilize observations in making decisions, as Nature continues with self -repairs. Additionally, ECO, Inc. revised the configuration of the targeted upland, wet meadow, marsh, and forested planting zones. This was done in a manner to make the forested wetland planting zones more compact and contiguous. This should serve to reduce future vegetation management costs for tree planting in forested planting zones, and herbicide applications to saplings in non -forested planting zones. Phase I and II work is as follows: Phase I • Prescribed burn (before December 1, 2006) • Seeding of grasses and forbs (no later than December 15, 2006 Fall and spring cultivations in the pre "phased" approach will no longer be necessary. Seeding will now be done via broadcast, at lower seeding rates, in lieu of cultivating/drilling/compacting. Phase II • Additional herbicide "spot" applications (if necessary, during spring/summer 2007) • Soil testing after controlled burn has time to have its effect on soil chemistry • Tree/shrub planting on 3.1 acres of the site in forested wetland zone (fall 2007) In summary, the "phased" approach has the following advantages: • Reduced fuel, chemical, and labor costs for herbicide applications • Reduced fuel, equipment, and labor costs by removal of cultivation from scope • Reduced fuel, labor, and seed costs for seeding • Expedited grass/forb seeding in fall 2006 in lieu of spring 2007 • Reduced costs for tree planting, since additional time will be allowed for nature to regenerate a portion of the trees in forested wetland planting zones. • Reduced fuel, labor, and fertilizer costs by reducing. or eliminating, fertilizer applications. New strategy has perspective that wet prairies naturally have soils that are not "rich" and fertilizer applications favor invasive species. • Improved potential for successful wetland mitigation. • Reduced costs for long-term management of mitigation site. • The tree -planting schedule will be slightly shifted from the spring of 2007 to the fall of 2007. The majority of permanent impacts to forested wetlands on the project will be the improvements to Broyles Road where it crosses Goose Creek. Broyles Road improvements (and associated permanent impacts to wetlands) will not be done until a later date. Therefore, mitigation of forested wetlands will occur before, or concurrent with, Broyles Road impacts to wetlands, which is in compliance with 404 permit. In conclusions, the "Phased" strategy will be congruent with 404 permit requirements, allows for "continued improvements" in project management, and translates into savings for the City of Fayetteville. Recap of Previous WP -2b Anticipated Costs and Anticipated Future Costs The estimated cost for the entire WP -2b wetland mitigation contract is $287,040. To date, $6,000 has been awarded for the Phase 0 Informal Bid, for two herbicide applications at two-week intervals. A third application may be necessary, which would add an additional $2,000 to $3,000 to Phase 0. A single bid for $145,200 was received for Phase I, which has yet to be awarded. Therefore, $133,840 (47%) of the anticipated WP -2b Contract costs remain for Phase II tree/shrub planting on 3.1 acres within the forested wetland planting zones, and additional herbicide applications. FAYETTEVILLE THE CRY OF FAYETTENLLF, ARKANSAS City of Fayetteville, Arkansas Water & Wastewater Department PROJECT MANUAL FOR FAYETTEVILLE PROJECT NO. 02133-0314 CONTRACT NO. WP -2b PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENTS PROJECT August, 2006 ENGINEER McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 OWNER/PROGRAM MANAGER City of Fayetteville, Arkansas Water and Wastewater Department 113 West Mountain Street Fayetteville, AR 72701 479443 4340 McGOOOMN WILLWM 01:21:47 p.m. Mc�oodloin Miniaot�s G Yates Eelnle�i�9 ts�flle ece 906 RoSI9 I t Oriw F4ysewNb.AAunss 12103 Vhoer: 4744413/94 FAX: 4794434340 TO: Planhoiders DATE: September 14, 2006 FROM: Lane Crider TOTAL PAGES: 7 :1i,j4r'ifl I41 i Li4 [12 I h4 ACKNOWLEDGMENT ♦ Please attach this addendum to your bid documents in accordance with instructions in your specifications. ♦ Please acknowledge receipt of the above referenced addendum by signing below and returning via FAX as soon as possible. FAX No. 479.443.4340. PLEASE FAX ACKNOWLEDGMENT TO MWY FAX NO: (478) 443.4540 ADDENDUM NO.3 Fayetteville Wastewater System Improvements Project Contract No. WP -2b Bid #06-50, WSIP Wetland Mitigation PHASE I -WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas Fayetteville Project No. 02133-0314 Plans No. Fy-316 Dated August, 2006 The Project Manual for the above project is hereby changed or clarified in the following particulars: PROJECT MANUAL Document 00120 — Invitation to Bid 1) On page 00120-1, under Description of Work of This Contract, second paragraph, change the second sentence to read: "More specifically, this project includes a controlled bum of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat." 2) On page 00120-3, under Completion, the Contract Milestones a) through d) shall be deleted and shall be replaced with the following: a) Controlled Burn: After killing frost, but no later than December 1, 2006. b) Seeding: No later than December 15, 2006. Document 00140 — Bidders Qualification Statement 1) On page 00140-1, under Experience Statement, delete paragraph 2 (experience in herbicide application) in its entirety. Document 00400 —Bid Form 1) On page 00400-4, under Article 4 — Bid Price, paragraphs A and D are hereby deleted. Enclosed is a revised page 00400-4 which shall be taped or stapled over the existing page 00400-4. Document 00430 — List of Subcontractors 1) On page 00430-1, references to herbicide application are deleted. Enclosed is a revised page 00430-1 which shall be taped or stapled over the existing page 00430-1. Document 00500 - Agreement 1) On page 00500-1, under Article 1 — Work, Section 1.02, paragraph 3, change the second sentence to read, "More specifically, this project includes a controlled bum of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat." 2) On page 00500-2, under Article 2 — Engineer, Section 2.02, in the second sentence, delete the phrase "actual herbicide application." Section 01110 - Summary of Work 1) On page 01110-1, under Section 1.02.B, change the second sentence to read, "More specifically, this project includes a controlled burn of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat." 2) On page 01110-2, under Section 1.06.A, Milestones 1-4 shall be deleted and shall be replaced with the following Milestones: 1. Controlled Burn: After killing frost, but no later than December 1, 2006. 2. Seeding: No later than December 15, 2006. Section 01125 — Methods of Measurement and Payment 1) On page 01125-1, under Section 1.01.A, Summary, delete paragraphs 1 and 4. The remaining paragraphs 2 and 3 shall become paragraphs 1 and 2 and Bid Items 1 and 2, respectively. 1) On page 02921-4, Article 1.2.F.1, delete paragraph e, Goal 5: Control Invasive and Non -Native Plant Species, in its entirety. 2) On page 02921-5, the first paragraph on this page shall be changed to read: "Services under the contract contained herein shall be for Phase I Tasks that shall include: Controlled burning and no -till broadcast seeding." 3) On page 02921-5, Article 1.3, paragraph A — Contractor Qualifications, change paragraph 1 to read as follows: "Contractor and Contractor's personnel shall collectively have proficient technical skills, knowledge of, and experience with: wet prairie plant taxonomy; wet prairie entomology, herpetology, ornithology, and mammalogy; identification of ecologically sensitive species; and wetland/prairie vegetation management and restoration." 4) On page 02921-5, Article 1.3, paragraph A — Contractor Qualifications, delete paragraph 2 (regarding herbicide application) in its entirety. 5) On page 02921-5, Article 1.3, paragraph B.1 — Mitigation Site Management, in first sentence, delete the phrase "herbicide application." 6) On page 02921-6, Article 1.3, paragraph C.1.a, change this sentence to read: "This work shall include, but is not limited to, seedbed preparation prior to seeding, including a prescribed, controlled burn." 7) On page 02921-6, Article 1.3, paragraph C — Wetland Mitigation Site Seedbed Preparation, delete subparagraph d (regarding Phase II herbicide application) in its entirety. 8) On page 02921-16, Article 1.3.D, delete Section 9, Herbicide and Herbicide Application Equipment, paragraphs a through g, in their entirety. 9) On page 02921-19, Article 1.3.F.1, paragraph a, change the second sentence to read: "The area must be properly prepared before commencement of controlled burning or seeding operations." 10) On page 02921-19, Article 1.3.F.1, paragraph c, delete items i through iv, and replace with the following: i. Prescribed burn: The prescribed burn shall be completed after October 31, 2006, but no later than December 1, 2006. 2 ii. Fall seeding shall not commence until completion of prescribed bum, but completion of seeding must be before December 15, 2006. 11) On page 02921-19, Article 1.3.F, delete Section 2 (Early Fall Herbicide Applications), paragraphs a through k in their entirety. 12) On page 02921-21, Article 1.3.F.3 — Prescribed Burning, in paragraph a, change the first sentence to read: "Prior to October 31, 2006, Contractor shall prepare for a controlled burn within each of the seven (7) wetland cells." 13) On page 02921-27, Article 1.3.F, delete Section 8 (Cool Season Herbicide Application) in its entirety. 14) On page 02921-27, Article 1.3.G, delete Section 1 — Acceptance of Herbicide Application Work, in its entirety. 15) On page 02921-28, Article 1.3.1, delete Section 2 — Herbicide Application Submittals, in its entirety. PLANS Sheets WC2 and WC3 1) Delete the words, "for herbicide application" from text located one time on each sheet, describing the Buffer Zone. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. Two Attachments: Page 00400-4 and Page 00430-1. September 14, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 DOCUMENT 00400 -BID FORM (continued) ARTICLE 4- BID PRICE 4.01 Bidder will complete the Work in accordance with the Contract Documents for the following lump sum prices: A. Controlled Bum: After killing frost, but no later than December 1, 2006. Lump Sum: Completion of a controlled burn of the wetland site, including wetland cells and upland prairie berms. Dollars ($ ). B. Seeding: No later than December 15, 2006. 2. Lump Sum: Completion of no -till, broadcast seeding of approximately 31 acres of wetland cells and upland berms with specified seed mix, as approved by Wetland Scientist. Hydro - mulching of existing berms will be allowed. Dollars Total —Items land 2: Dollars ($ ). 00400 -Bid Form Addm 3.doc 00400-4 DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Contract No. WP -2b, Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding, and other items of work throughout the site. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Contract Value and Address (or Percentage) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF DOCUMENT 00430 00430 List of Subcontractors Addm 3.doc 00430— 1 479 443 4340 McGOOOYYM WILLIAM 0407:24 p.m. 1: '1 1.. 1/2 ctud"Him I ?ales EAtilenIAl EIA(ilence Ml qS UIM • FWwk a:cns • 413-443-34W TO: Planholders DATE: August 30, 2006 FROM: M. Lane Crider, P.E., Vice President Project Engineer c•Ior .IC 1• - I --• _• •jUI •.C« irI r I,: •ec ACKNOWLEDGMENT '• Y : • I Addendume• Y Ii • I c Y'•' ' • ♦ 1 PLEASE FAX ACKNOWLEDGMENT TO MWY FAX NO: (479) 4434340 ADDENDUM NO.2 Fayetteville Wastewater System Improvements Project Contract No. WP -2b Bid #06-50, WSIP Wetland Mitigation PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas Fayetteville Project No. 02133-0314 Plans No. Fy-316 Dated August, 2006 The Project Manual for the above project is hereby changed or clarified in the following particulars: PROJECT MANUAL Document 00120 — Invitation to Bid 1) Page 00120-1, under BID INFORMATION, in the first sentence, change the date to receive bids from August 31, 2006 to September 21, 2006. Other provisions regarding the place and time of day to receive bids remain the same. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. August 30, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 r Ctodwin Williams & Yates EngineerIng Confidence TO: Planholders I DATE: August 24, 2006 FROM: M. Lane Crider, P.E., Vice President Project Engineer RE: Addendum No. 1 Phase I — Wetland Mitigation Site, Seedbed Preparation and Seeding Fayetteville Wastewater System Improvements Project City of Fayetteville, Arkansas MWY Project No. Fy-316WLR ACKNOWLEDGMENT ♦ Please attach this addendum to your bid documents in accordance with instructions in your Project Manual and the Addendum Document. ♦ Please acknowledge receipt of the above referenced addendum by signing below and returning via FAX as soon as possible. FAX No. 479-443-4340. Bid Document Holder for the above referenced company PLEASE FAX ACKNOWLEDGMENT TO MWY 909 yel FAX NO: (479) 443-4340 yin 9 i'15lh18Tah1enevii,e ADDENDUM NO. 1 Fayetteville Wastewater System Improvements Project Contract No. WP -2b Bid #06-50, WSIP Wetland Mitigation PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas Fayetteville Project No. 02133-0314 Plans No. Fy-316 Dated August, 2006 The Project Manual and the Plans for the above project are hereby changed or clarified in the following particulars: PROJECT MANUAL Document 00140 — Bidders Qualification Statement 1) On page 00140-3, under Financial Statement, Item 1, Assets and Liabilities, change the sentence to read: "Attach a current financial statement, audited if available, including...." Document 00400 — Bid Form 1) On page 00400-4, paragraph 4.01.C, Bid Item 3. After the words, Wetland Scientist," add the following sentence: "Hydro -mulching of existing berms will be allowed." Document 00800 - Supplementary Conditions 1) On page 00800-4, under SC -5.4.3, SC -5.4.4 and SC -5.4.5, Comprehensive General Liability, change the Combined Single Limit from $2,000,000 to "$1,000,000." 2) On page 00800-4, under SC -5.4.6, Comprehensive Automobile Liability, change the text to read: Bodily Injury: $300,000 Each Person $300,000 Each Occurrence Property Damage: $300,000 Each Occurrence Or a combined single limit of $1,000,000. 3) On page 00800-4, under SC -5.5, Owner's Liability Insurance, in the last sentence, change the amount of $2,000,000 to "$1,000,000." 1) On page 02921-2, under paragraph D, at the end of line 3, change the 3.06 acres to read "3.15 acres." 2) On page 02921-3, under paragraph F.1.a.i, in the first line, change the 4.22 acres to read "4.23 acres." 3) On page 02921-3, under paragraph F.1.a.ii, in the first line, change the 2.64 acres to read "2.54 acres." 4) On page 02921-3, under paragraph F.1.b.i, in the first line, change the 3.06 acres to read "3.15 acres." 5) On pages 02921-6 and 7, under paragraph C.1.e, in line 4, change the 8.27 acres to read "8.28 acres;" in line 5, .change the 2.64 acres to read "2.54 acres;" in line 7, change the 3.06 acres to read "3.15 acres;" and in lines 7 and 8, change the wetland cells W1, El, E2 and E5 to read "wetland cells W-1, E-1, and E-3." 6) On page 02921-7, under paragraph C.1.e, in the Planting Zone Acreage table, many of the numbers in the first three rows, Wet Meadow, Forested, and Marsh, are hereby changed. The last four rows of the table remain unchanged. The entire revised table is shown below to minimize confusion: Plantino 7nne Arrraor Zone Cell W1 Cell W2 Cell E1 Cell E2 Cell E3 Cell E4 Cell E5 TOTALS Wet Meadow -0- 4.45 -0- 0.78 -0- 1.80 1.25 8.28 Forested 2.34 -0- 0.46 -0- 0.35 -0- -0- 3.15 Marsh 0.12 0.67 0.36 0.77 0.19 0.43 -0- 2.54 en Water -0- 0.05 0.03 0.04 -0- 0.31 -0- 0.43 U land Buffer 2.8 1.61 1.15 1.41 0.91 2.67 1.67 12.22 Berms 0.88 0.83 0.41 0.48 0.40 0.76 0.63 4.39 TOTALS 6.14 7.61 2.41 3.48 1.85 5.97 3.55 31.01 7) On page 02921-16, under paragraph 9.b, add the following items to the herbicide list: I mazapyr Foramsulfuron 8) On page 02921-20, under paragraph 2.g, add the following language at the end of the paragraph: "Contractor shall not apply herbicides for control of wood vegetation to desirable woody plant species in forested planting zones in Cells W-1, E-1, and E-3. Contractor shall apply herbicides for control of all woody plant species in upland, wet meadow, and marsh planting zones." 9) On page 02921-24, under paragraph 5.a, add the following language at the end of the paragraph: "Contractor shall conduct seeding on earthen berms via hydro- seeding/mulching." PLANS Sheets WC1. WC2 and WC3 1) Attached are new revised sheets WC1, WC2 and WC3 "Addendum 1." These attached sheets replace the original sheets WC1, WC2 and WC3 contained in the Plans. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479}143-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. August 24, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404; FAX (479)443-4340 9;, PROJECT MANUAL Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Fayetteville Wastewater System Improvements Project Fayetteville, Arkansas City of Fayetteville Project No. 02133-0314 Water and Wastewater Department Contract No. WP -2b Engineer's Project No. Fy-316WLR Engineer: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Tel. 479-443-3404 Fax. 479-443-4340 0000lb Project Title Page 00001-1 City of Fayetteville, Arkansas Wastewater System Improvement Project: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No. WP -2b DOCUMENT 00005 - INDEX AND CERTIFICATION PAGE SPECIFICATION INDEX DOCUMENT / DIVISION DESCRIPTION NUMBER OF PAGES 00120 - 00700 Invitation to Bid through General Conditions 81 00800 - 00900 Supplementary Conditions; Forms 19 Div. 1 General Requirements 64 Div. 2 Site Construction 33 Div. 3 Concrete 0 Div. 4 Masonry 0 Div. 5 Metals 0 Div. 6 Wood and Plastics 0 Div. 7 Thermal and Moisture Protection 0 Div. 8 Doors and Windows 0 Div. 9 Finishes 0 Div. 10 Specialties 0 Div. 11 Equipment 0 Div. 12 Furnishings 0 Div. 13 Special Construction 0 Div. 14 Conveying Systems 0 Div. 15 Mechanical 0 Div. 16 Electrical 0 CERTIFICATION(S) Certifications are on the following pages. 00005 -Index & Cert.doc 00005- 1 STAMPS, SEALS AND SIGNATURES CERTIFICATE OF SEAL AND SIGNATURE APPLICABLE SECTIONS AUTHORIZATION Jeffrey L. Richards, P. E. Sections 00120 through 00860. AR*43LIS * * f- RBNIS?BR PIOUS 4 L. RIG'S` M. Lane Crider, P. E. Sections 00930 through 01780. s IN .f. 4. No. 9233 EVE 51 UL 00005 -Index & Cert.doc 00005-2 STAMPS, SEALS AND SIGNATURES (continued) CERTIFICATE OF AUTHORIZATION SEAL AND SIGNATURE APPLICABLE SECTIONS Bruce Shackleford, M.S., REM, Sections 02270, 02921. REPA gNutun uI 4.E . A KLEFORD REM mod' • ......•'O �b...•as nnm+� 00005 -Index & Cert.doe 00005-3 FAYETTEVILLE THE city of FAYETIENI.LI, ARKANSAS INTRODUCTORY INFORMATION 00005 Index and Certification Page 00010 Table of Contents 00100 BID SOLICITATION 00120 Invitation to Bid 00140 Bidder's Qualification Statement TABLE OF CONTENTS City of Fayetteville Project Number 02133-0314 Contract Number: WP -2b Contract Title: Wastewater System Improvement Project — Phase I Mitigation Site Seedbed Preparation and Seeding 00005-1 of 3 00010-1 of 2 00120-1 of 3 00140-1 of 4 00200 INSTRUCTIONS TO BIDDERS 00200-1 of 7 00400 BID FORMS AND SUPPLEMENTS 00400 Bid Form 00410 Bid Bond 00430 List of Subcontractors 00400-1 of7 00410-1 of 2 00430-1 of! 00500 AGREEMENT FORM 00500 Agreement Form 00500-1 of 9 00550 Notice to Proceed 00550-1 of 2 00600 BONDS AND CERTIFICATES 00600 Performance Bond and Payment Bond 00600-1 of 4 00700 CONTRACT GENERAL CONDITIONS 00700-1 of 42 00800 SUPPLEMENTARY CONDITIONS 00860 Prevailing Wage Determination 00800-1 of 10 00860-1 of 00900 ADDENDA AND MODIFICATIONS 00930 Request for Interpretation 00930-1 of 1 00931 Field Order 00931-1 oft 00932 Request for Proposal 00932-1 oft O0940 Change Order 00940-1 oft 00945 Work Change Directive 00945-1 of 2 DIVISION 1- GENERAL REQUIREMENTS 01110 Summary of Work 01110-1 of 3 01125 Methods of Measurement and Payment 01125-1 of 2 01250 Contract Modification Procedures 01250-1 of 2 01290 Payment Procedures 01290-1 of 2 01290.01 Application for Payment 01290.01-1 of 2 00010 Table of Contents 00010- 1 01290.02 Schedule of Values 01290.02-1 of 1 01290.12 Certificate of Substantial Completion 01290.12-1 of 1 01290.14 Contractor Affidavit for Final Payment 01290.14-1 of 2 01290.15 Subcontractor Affidavit for Final Payment 01290.15-1 of 1 01320 Project Meetings, Schedules, and Reports 01320-1 of 5 01325 Construction Photographs 01325-1 of 4 01330 Submittals 01330-1 of6 01330.01 Submittal Information Block 01330.01-1 of 1 01420 Definitions and Standards 01420-1 of 3 01520 Field Offices and Sheds 01520-1 of 2 01530 TemporaryBarriers and Controls 01530-1 of 5 01560 Temporary Utilities and Facilities 01560-1 of 7 01580 Project Identification and Signs 01580-1 of 2 01600 Equipment and Materials 01600-1 of 4 01631 Substitutions 01631-1 of3 01631.01 Substitution Request Form 01631.01-1 oft 01780 Contract Closeout 01780-1 of 4 DIVISION 2- SITE CONSTRUCTION 02270 Environmental Specifications 02270-1 of 4 02921 Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications 02921-1 of 29 DIVISION 3 THROUGH DIVISION 16 - NOT USED END OF DOCUMENT 00010 Table of Contents 00010-2 DOCUMENT 00120 - INVITATION TO BID City of Fayetteville 113 W. Mountain Street Fayetteville. Arkansas 72701 Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No.: 06-50 Project No.: 02133-0314 Date: August 3, 2006 DESCRIPTION OF WORK OF THIS CONTRACT The Contract provides for the implementation of WETLAND COMPENSATORY MITIGATION requirements of the individual Section 404 Permit File No. 14207, issued by the U. S. Army Corps of Engineers to the City of Fayetteville, Arkansas. The Contractor shall be responsible for implementing all applicable requirements of the Section 404 Permit associated with the construction activities that the successful Bidder will be contracted to perform. The wetland berms and water control structures are currently being constructed under a separate contract. Contract tasks shall include seedbed preparation and seeding at an approximately 31 -acre site owned by the City of Fayetteville. More specifically, this project includes spot -application of herbicide, a controlled bum of the site, seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. BID INFORMATION Sealed bids will be received by the City of Fayetteville, Arkansas (the Owner) until 1:30 p.m., local time, Thursday, August 31, 2006. Bids received after this time will not be accepted. Bids will be opened in Room 326 at City Hall and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bids will be received at the following location: Purchasing Agent's Office (Room 306) at City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 Copies of the Bid Documents may be obtained for bidding purposes from McGoodwin, Williams and Yates, Inc. at a purchase price of Seventy -Five Dollars ($75.00) for each set of documents. Bid Documents may be obtained at the following Issuing Office: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone: 479-443-3404; Fax: 479-443-4340 00120 -Invitation to Bid.doc 00120— 1 DOCUMENT 00120 - INVITATION TO BID (continued) Payment must be received prior to shipment of the Bid Documents. NO REFUND of payment will be made and no partial sets will be issued. No half-size sets will be issued prior to bid opening. Bid documents may be examined at the following locations: McGraw Hill Construction Dodge/Little Rock Koger Center, Redding Building 1701 Centerview Drive, Suite 110 Little Rock, AR 72211-4311 (501)225-9453; Fax (501)225-9534 McGraw Hill Construction Dodge/Tulsa 12101 E. 51° Street, Suite 105 Tulsa, OK 74146 (918)307-1786; Fax (918)307-1788 Northwest Arkansas Planning Room 103-A Apple Blossom Road Lowell, AR 72745 (479)750-7704; Fax (479)750-7709 McGraw Hill Construction Dodge/Springfield 1313 N. Nias, Suite B Springfield, MO 65802 (417)866-9237; Fax (417)866-9351 Reed Construction Data www.reedconstnictiondata.com ABC Plan Room c/o Southern Reprographics, Inc. 2905 Pointe Circle Fayetteville, AR 72703 (479)582-4022; Fax (479)582-4021 A prebid conference will be held at 1:30 p.m., local time, on August 17, 2006. Attendance is non -mandatory for prospective Bidders. Prebid conference will be held at the following location: Fayetteville City Hall — Room 326 113 West Mountain Street Fayetteville, Arkansas Bids will be received on a unit price basis. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. Bids received from Bidders who are not recorded by Engineer as having received the Bid Documents will not be opened. Owner will evaluate Bidders in accordance with the Instructions to Bidders and Bidder's Qualification Statement. Bid security in the form of a certified or bank cashier's check or a Bid Bond in the amount of 5 percent of the Bid Amount shall accompany each Bid in accordance with the Instructions to Bidders. Bids shall be in accordance with the Bid Documents. COMPLETION Completion time shall be as follows: 00120 -Invitation to Bid.doc 00120-2 DOCUMENT 00120 - INVITATION TO BID (continued) The Work shall be Substantially Completed within One Hundred Fifty (150) days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within One Hundred Eighty (180) days after the date when the Contract Times commence to run. Contract Milestones are to be completed, as follows: a) Spot -Application of Herbicides: Prior to November 1, 2006. b) Controlled Burn: After initial herbicide application and killing frost, but no later than December 1, 2006. c) Seeding: No later than December 15, 2006. d) Follow -Up Spot -Application of Herbicides for Cool Season Species: After seeding through end of Contract. These milestone dates are subject to change by the Wetland Scientist. ADDITIONAL PROVISIONS The Bid shall be conditioned upon compliance with all applicable labor related requirements including the regulations and stipulations concerning equal employment opportunity, minority manpower utilization, affirmative action requirements, and minimum wage rates. The Arkansas Department of Labor Prevailing Wage Rate shall establish the minimum wages to be paid to workers under this Contract. OWNER'S RIGHT TO REJECT The Owner reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the Owner for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the Owner because of such rejections. The Owner further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of Bids. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. AWARD OF CONTRACT Any contract or contracts awarded under this Invitation for Bids will be subject to the requirements described in the Contract Documents. OWNER: CITY OF FAYETTEVILLE, ARKANSAS By Peggy Vice Title: Purchasing Manager END OF DOCUMENT 00120 00120 -Invitation to Bid.doc 00120- 3 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: Project Name: Wastewater System Improvement Project Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Date: 9/a.0/B6 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: � / Company 4i '9 �e p/.ci( /P _ Name/ / -.- Address fl9/ i /c *( xc� . gi , z? /� Principal Office 7i1_.� Corporation, partnership, / individual, joint venture, other f rnr7S 1;40 *P EXPERIENCE STATEMENT Bidder has been engaged as a Contractor in this type of wetland mitigation construction for .ai years and has performed work of the nature and magnitude of this Contract for ps7 years. Bidder has been in business under its wesg�tt n_am-e for r years. f bow3 /f w6S. eR,( t4 ca 1 640.f 6,/14 List and describe relevant project experience in herbicide application for restoration dr3 of wet prairies and forested wetlands. Include name of project, location, project owner, acreage of restoration site, date of completion, herbicides used, targeted plant species, season of use, method of application, and percent effective removal of undesirable plant species. 00140 -Bidder Qualifications.doc 00140-1 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 3. List and describe relevant project experience in prescribed burning for restoration of wet prairies and forested wetlands. Include name of project, project owner, date of completion, acreage of restoration site, burning methodology and equipment used. 4. List and describe relevant project experience in grass and forb seeding for restoration of prairie uplands and wetlands. Include name of project, project owner, acreage of restoration site, plant species seeded, date of completion, seeding methodology and percent success of establishing desired plant species. 5. Has Bidder ever failed to complete any project? If so, state when, where, and why. 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 00140 -Bidder Qualifications.doc 00140 - 2 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: (l S SPer,#(Y-ScP�►.rcE /403 /�Pz7er 9 &ar FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: c6 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: 00140 -Bidder Qualifications.doc 00140-3 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors a.yy b. Where Docketed and Date Amount Bidder hereby represents and warrants that all statements set forth herein are true and correct. (OFFICIAL SEAL) Name of Organization: (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) Jp • rssiJu ►Y tt t. I 00140 -Bidder Qualifications.doc 00140-4 IIIT ;':V yip 1� I • I . n i. GREEN SCAPI NG Grass Establishment • Erosion Control • Wetland Development • Mitigation • Biatechnical Embankment 3. Green Scaping has never provided a control burn service an any project in the past 23 years. The described methodology described in the plans and specifications appear to be perfect for this project. In addition to following the specified procedure Green Scaping would provide a water truck an site equipped to spray water from a cannon or hose with personnel to extinguish any fire that may form out of the site. 4. Green Scaping has completed the following projects in recent years that include wetland aquatic plantings, trees, seeding of law land and upland prairie projects. `Deepwood/Loop 12 Landfill Restoration - $5,000,000+- - The project was completed late 2005, but it is currently in an establishment phase. The project was for the City of Dallas (Charles Leung 214.630.1010) Green Scaping was a subcontractor to Rodman Excavation (Curtis Davee 972.335.4510). The project encompasses an area of 160 acres that once was an illegal landfill. The project restoration included the addition of a Wetland Habitat Upland Prairie, Low Land Prairie and Forest. The project included 1400+- Trees, 600,000+- Aquatic Plants, Irrigation System and 100+- acres of Seeding. The project is a success with recent wildlife habitat that is moving back into the area and will provide a new Audubon Learning Center that will be constructed in the coming months. `Collin County Adventure Camp Mitigation Project - $250,000+- - The project is surrounded by a newly constructed youth camp. The project was for Collin County, Texas (Dan Harris 214.205.7322). The project consists of Aquatic Planting, Mitigation Trees, and Prairie Grasses. It was recently completed, but is still in the establishment phase. Due to the record draught North Texas is currently experiencing the establishment period has been slowed. *East Fork Wetland Nursery Phase II - $680,000+- - This project is a wetland area that is currently being constructed to °buff " or clean effluent water from the Trinity River south of Dallas. The project was for NTMWD (Tim Noack 214.631.6100) Green Scaping was a subcontractor to Rodman Excavation (Curtis Davee 972.335.4510). The project encompasses an area of 200 acres that is planted with Aquatic plants in depths from 2"-3' deep. The water moves from cell to cell by using a system of dikes and flow controls. The project is in the establishment phase and will become operational by late 2007. 8917 Cardinal Lane • North Richland Hills • Texas • 76180 Tel: 8I7.577.9299 • Fax 917.577.9331 • Web: www.green-scaping.com The above are just a few of recently constructed Wetland Mitigation projects that Green Scaping has completed. Green Soaping has specialized for years in vegetation establishment on sites. The vegetation planted can very from grass turf, native grasses, wetland plants and trees. The sites can vary from landfills, developments, industrial sites, municipal projects, airports etc. These sites have been located in numerous states and vary in size from vary small to sometimes very large. Green Scaping is a vegetation establishment company that provides services an large projects, not a landscape company that attempts to plant Wetland Sites. We have equipment and personnel to accommodate project sites, weather conditions and demanding schedules. 5. Green Scaping has never failed to complete any project. 6. The Project Superintendent we purpose is Marty Bauer. Marty has worked for us 3+ years, but has a lengthy background in heavy site construction. This background in heavy construction has proven to be beneficial when the unforeseen obstacles arise. The Project Manager we purpose is Cody Johnson. Cody has worked for us 9 years starting in the field. His experience in the field has proven to be a benefit in the office. 6917 Cardinal Lane • North Richland Hills • Texas v 76180 Tel: 817.577.9299 • Fax: 817.577.9331 • Web: www.green-scaping.com DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: ARTICLE 1. INTRODUCTORY INFORMATION 1.01 DEFINED TERMS: A. Terms used in these Instructions to Bidders and which are defined in the GENERAL CONDITIONS, have the meanings assigned to them in the GENERAL CONDITIONS. B. Bid Documents shall include the following: 1. Bidding Requirements: a. Invitation to Bid. b. Instructions to Bidders. c. Bid Form. d. Bid Bond. 2. Contract Forms: a. Agreement Between Owner and Contractor. b. Performance Bond and Payment Bond. 3. Contract Conditions: a. General Conditions. b. Supplementary Conditions. c. Labor -Related Regulations. 4. Specifications. 5. Drawings. 6. Addenda issued prior to receipt of Bids. C. Certain additional items used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1. Bidder — one who submits a Bid directly to Owner as distinct from a sub - bidder, who submits a Bid to a Bidder. 2. Issuing Office — the office from which the Bid Documents are to be issued and where the bidding procedures are to be administered. 3. Successful Bidder — the lowest, responsible, and responsive Bidder to whom Owner on the basis of Owner's evaluation as hereinafter provided makes an award. 1.02 COPIES OF BID DOCUMENTS: A. Complete sets of the Bid Documents in the number and for the purchase sum stated in the Invitation to Bid, may be obtained from the Issuing Office. B. Complete sets of Bid Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. C. Owner and Engineer in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 00200 -Instructions to Bidders.doc 00200 - 1 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) 1.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: A. Before submitting a Bid, it is the responsibility of each Bidder: 1. To thoroughly examine the Contract Documents and other related data identified in the Bid Documents. 2. To visit the Site to become familiar with and satisfy Bidder as to the general, local, and Site conditions that may in any manner affect cost, progress, and performance of the Work. 3. To consider federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, performance, and furnishing of the Work. 4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data. 5. To promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. B. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder, including safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. C. In the preparation of the Contract Documents, reports of explorations and tests of any Hazardous Environmental Condition(s) at the Site of the Work have not been prepared. D. Access to the Site: I. On request, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of his Bid. Bidder shall fill all holes, clean up, and restore the Site to its former conditions upon completion of such explorations, investigations, tests, and studies. 2. The lands upon which the Work is to be performed and rights -of -way in performing the Work are owned by the City of Fayetteville, Arkansas. E. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph "Examination of Contract Documents and Site," and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1.04 INTERPRETATIONS, MODIFICATIONS, AND ADDENDA: A. Any Bidder who discovers ambiguities, inconsistencies, or errors or is in doubt as to the meaning or intent of any part. of the Bid Documents shall promptly request an interpretation from Engineer listed at the end of these Instructions to Bidders. Interpretations or clarifications considered necessary by Engineer in response to such requests will be issued by Addenda mailed or delivered to all parties recorded by 00200 -Instructions to Bidders.doc 00200-2 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) Engineer as having received the Bid Documents. Requests for certification or interpretation received within 10 days of date of opening Bids will not be answered. B. Addenda may also be issued to modify the Bid Documents as deemed advisable by Owner or Engineer. C. Because of the time required to publish and deliver, no Addenda will be issued within the last 3 days before the date of opening Bids. D. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.05 PREBID CONFERENCE: A. A prebid conference will be held at 1:30 p.m., local time, on August 17, 2006. Attendance is non -mandatory for prospective Bidders. Prebid conference will be held at the following location: Fayetteville City Hall — Room 326 113 West Mountain Street Fayetteville, Arkansas 1.06 LABOR -RELATED REGULATIONS: A. The Arkansas Department of Labor Prevailing Wage Rate shall establish the minimum wages to be paid to workers under this contract. B. Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville encourages all qualified minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified, small, minority, and women business enterprises. ARTICLE 2- BASIS OF BIDDING 2.01 SPECIFIED EQUIPMENT AND MATERIALS: A. Substitutions will be considered only after the Effective Date of the Agreement and as set forth in the GENERAL CONDITIONS. 2.02 INDIRECT COSTS: A. Taxes: All applicable sales, use, compensating, or other taxes to be paid or withheld by Bidder, now imposed by any taxing authority, on Equipment and Materials to be incorporated in the Work, and on any or all other cost items entering into the Contract Price, shall be included in the Bid price. B. The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by Owner, shall be included in the Bid price. C. Tests, inspections, and related activities called for throughout the Bid Documents are a responsibility of Successful Bidder unless specified otherwise. The Bid shall include all costs arising from such responsibility. 00200 -Instructions to Bidders.doc 00200-3 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) D. The cost of all electrical, water, gas, telephone, sanitary, and similar facilities and services required by Successful Bidder in performing the Work shall be included in the Bid price unless specified otherwise. 2.03 SUBCONTRACTORS: A. The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. B. No Successful Bidder shall be required to employ any Subcontractor, other person, or organization against whom Contractor has reasonable objection. Owner or Engineer may accept or reject Subcontractors in accordance with the GENERAL CONDITIONS. 2.04 CONTRACT TIMES AND LIQUIDATED DAMAGES: A. The number of days within which, or the dates by which, the Work is to achieve Substantial Completion and also fmal completion and be ready for final payment shall be as stated in the Agreement. B. Provisions for liquidated damages, if any, are as set forth in the Agreement. ARTICLE 3- BIDDING PROCEDURE 3.01 PREPARATION OF BID: A. Submission of Bids: Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE PROJECT MANUAL. B. The Bid Forms shall be filled out in detail in black ink and signed by the Bidder. C. Bids by partnerships shall be executed in the partnership name and signed by a partner whose tide shall appear under his signature, and the official address of the partnership shall be shown below the signature. D. Bids by corporations shall be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. E. Names of all persons signing shall be printed below their signatures. F. A power of attorney shall accompany the signature of anyone not otherwise authorized to bind the Bidder. G. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 00200 -Instructions to Bidders.doc 00200 -4 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) H. The address to which communications regarding the Bids are to be directed shall be shown. 3.02 METHOD OF BIDDING: A. Bids will be received on the basis as set forth in the Bid Form. B. Firm Bids are required. 3.03 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID: A. The Bidder shall include with his Bid subcontractor name, address, and amount or percent of total contract for each specialty subcontract area noted. The subcontractors shall be submitted with the Bid on Document 00430-1 — List of Subcontractors. 3.04 FORMS TO BE SUBMITTED WITH BID: A. The following forms shall be submitted with the Bid in the envelope provided. 1.. DOCUMENT 00140 BIDDER'S QUALIFICATION STATEMENT 2. DOCUMENT 00400 BID FORM 3. DOCUMENT 00410 BIDBOND 4. DOCUMENT 00430 LIST OF SUBCONTRACTORS 3.05 BID SET A. Each Bid shall be accompanied by Bid security, payable to Owner, of the amount stipulated in the Invitation to Bid. B. The required security shall be in the form of a certified or bank cashier's check or a Bid Bond on the form attached. C. Bid Bond shall be executed by a surety meeting the requirements set forth for "Surety Bonds" in the GENERAL CONDITIONS. D. Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required surety Bonds as set forth in the GENERAL CONDITIONS, whereupon Bid security will be returned. If the Successful Bidder fails to execute the Agreement and furnish the surety Bonds within 15 days after the date of Notice of Award, Owner may annul the Notice of Award, and Bid security of that Bidder will be forfeited to Owner. E. The Bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 10 days after the Effective Date of the Agreement and the required surety Bonds furnished, or the 61" day after the Bid opening. Bid security of other Bidders will be returned within 10 days of the bid opening. 3.06 SUBMISSION OF BID: A. Bids shall be submitted at the time and place designated in the Invitation to Bid. B. Bid Documents with accompanying Bid security and other required information shall be enclosed in a sealed envelope and marked with the following: 1. Project name. 00200 -Instructions to Bidders.doc 00200— 5 DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS: (continued) 2. Contract title and number. 3. Name and address of Bidder. 4. Date and time of Bid opening. 3.07 MODIFICATION OR WITHDRAWAL OF BIDS: A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw its Bid, and the Bid security will be returned, Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. ARTICLE 4- OPENING OF BIDS 4.01 OPENING OF BIDS: A. Bids will be opened and (unless obviously non -responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids. B. All Bids shall remain open for a period of 60 days after Bids are opened, but Owner may, at his sole discretion, release any Bid and return the Bid security at any time prior to that date. ARTICLE 5- AWARD OF CONTRACT 5.01 OWNER'S RIGHT TO REJECT BIDS: A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non -responsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, times, or changes in the Work and to negotiate Contract terms with the Successful Bidder. Discrepancies between the indicated sum of any.column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. All Bidders must agree that such rejection shall be without liability on the part of the Owner nor shall the Bidders seek recourse of any kind against the Owner because of such rejections. The filing of any Bid shall constitute an agreement of the Bidder to these conditions. 00200 -Instructions to Bidders.doc 00200— 6 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) 5.02 EVALUATION OF BIDS: A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work. C. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the proposed Subcontractors and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. D. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. E. The Bidder shall submit with his Bid, a list of all Subcontractors Bidder expects to use in the Work. The use of Subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the Work F. Within 10 days after the Bids are opened, the apparent Successful Bidder, and any other Bidder so requested, shall submit an itemized breakdown of any lump sum portion of its Bid. This breakdown must include a separate item for each major category of work and each major piece of equipment. This breakdown may or may not be reflected in subsequent time schedule submittals. G. The award of the Contract, if it is awarded, will be to the lowest, responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of Project and Owner. 5.03 NOTICE OF AWARD: A. After considering the basis of award and evaluation of Bids, if the Contract is to be awarded, Owner shall within 60 days after the date of opening Bids notify the Successful Bidder of acceptance of his Bid. ARTICLE 6- SIGNING OF AGREEMENT 6.01 When Owner gives Notice of Award to Successful Bidder, Engineer will issue the required number of bound, unsigned counterparts of the Agreement and other Contract Documents to Successful Bidder. 6.02 Within 15 days thereafter, Contractor (Successful Bidder) shall sign all copies of the Agreement leaving the dates blank, insert the properly executed Bonds, power of attorney documents, and other required documents in the appropriate places, and deliver all copies to Owner. END OF DOCUMENT 00200 00200 -Instructions to Bidders.doc 00200- 7 DOCUMENT 00400 -BID FORM Project Name: Wastewater System Improvement Project Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No. : 06-50 Project No.: 02133-0314 Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Contractor: C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, TX 76180 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00400 -Bid Formdoc 00400 - 1 DOCUMENT 00400 —BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date August 24, 2006 August 30, 2006 September 14, 2006 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. E. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 00400 -Bid Fonn.doc 00400-2 DOCUMENT 00400 -BID FORM (continued) Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. G. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. 00400 -Bid Form.doc 00400— 3 DOCUMENT 00400 -BID FORM (continued) ARTICLE 4- BID PRICE 4.01 Bidder will complete the Work in accordance with the Contract Documents for the following lump sum prices: A. Controlled Bum: After killing frost, but no later than December 1, 2006. 1. Lump Sum: Completion of a controlled bum of the wetland site, including wetland cells and upland prairie berms. Twenty -Three Thousand Eight Hundred and no/100----- 23 - - - - - - - - - - - - - - - - - - - - - - - - - 800.00 Dollars ($ B. Seeding: No later than December 15, 2006. 2. Lump Sum: Completion of no -till, broadcast seeding of approximately 31 acres of wetland cells and upland berms with specified seed mix, as approved by Wetland Scientist. Hydro - mulching of existing berms will be allowed. One Hundred Twenty -One Thousand Four Hundred and no/100-----------------------Dollars ($121,400.00 Total —Items land 2: One Hundred Forty -Five Thousand Two Hundred and no/100--------------------------Dollars($ 145,200.00 00400 -Bid Form Addm 3.doc 00400 —4 DOCUMENT 00400 —BID FORM (continued) ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed within One Hundred Fifty (150) calendar days and completed and ready for final payment within One Hundred Eighty (180) calendar days after the date of the Notice to Proceed. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of 5% of Amount Bid Dollars ($ B. Document 00430 — List of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, Texas 76180 Phone No. 817-577-9299 817-577-9331 FAX No. ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on September 21, 20 06 00400 -Bid Form.doc 00400 -5 DOCUMENT 00400 -BID FORM (continued) If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: Phone No.: A Partnership FAX No.: Partnership Name: C. Green Scaping, L.P. (SEAL) By: /s/ Curtis J. Green (Signature of general partner — attach evidence of authority to sign) Name (type or printed): _ Curtis J. Green Business address: 8917 Cardinal Lane North Richland Hills, TX 76180 Phone No.: 817-577-9299 FAX No.: 817-577-9331 00400 -Bid Form.doc DOCUMENT 00400 —BID FORM (continued) A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (type or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: Phone No.: FAX No.: END OF DOCUMENT 00400 00400 -Bid Fonudoc 00400 - 7 DOCUMENT 00410 - B_ BOND KNOW ALL MEN BY THESE PRESENTS: that we C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, TX 76180 as Principal, hereinafter called the Principal, and U. S. Specialty Insurance Company 13403 Northwest Freeway Houston, TX 77040 a corporation duly organized under the laws of the State of hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Texas as Surety, as Obligee, hereinafter called Owner, in the sum of Five Percent of the Greatest Amount Bid -----..-- — Dollars (S 5% GAB— ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding for the City of Fayetteville, Arkansas. NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410 -Bid Bond.doc 00410-I II• I al a 1 ,i,„ , which the Owner may in good Will contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 31st day of August 2006• PRINCIPAL C. Green Seeping, L.P. S. SURETY U. S. Specialty Insurance Company By� Cam Fletcher, Attorney -in -Fact (CORPORATE SEAL) ATTORNEY -IN -FACT (CORPORATE SEAL) . 9737 Great Hills Trail, Suite 320 Austin, TX 78759 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 00410 -Bid Bond.doc POA#: jfl,oGO POWER OF ATTORNEY (To be used with bonds issued on behalf of U.S. SPECIALTY INSURANCE COMPANY) Know All Men by These Presents, That U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John Knox, Jr., B.J. King, M. Brent Beaty, Don Weidenfeller, Christina Breining, Robert D. Cave, Steven D. Nelson, Paul B. Robinson, Lindey Jennings, Michael P. Whisenant, Cam Fletcher, Martha M. Elliott its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Five Million Dollars (S5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in - Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the U.S. Specialty Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Belt Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted by unanimous written consent in lieu of meeting on )tfav 30, 2003.) In Witness Whereof,, U.S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Executive Vice President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2005. Corporate Seal State or Texas ss: County of Harris U.S INS CE COMPANY By: Edward H. Ellis, Jr., Executive Vice President On this 28th day of October, A.D. 2005 before me personally came Edward H. Ellis. Jr.. to me known, who, being by me duly sworn, did depose and say. that he resides in Houston. Texas, that he is the Executive Vice President of U.S. SPECIALTY INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. �T .M1\/W..r�VnN.VY.-VwY '4"j%e`• "INYA N YNARCIK Notary Seal 2°' \°�: Nota Public ix° *: NOTAGtt PUBLIC ry - h,�' Stale of Texas i/U',�`, i/ nM' %Comm. Exp 07-21-2006 My commission expires o`9 / a^— w,.. 1, Christopher L. Martin, Secretary of U.S. SPECIAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect: furthermo , e resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. I Witness Whereof, I have hereunto set my hand and affixed the seal of said C t ou Texas this 31 = day of (!$j, 200_ , A.D. Corporate Seal Christo L. Mar , Secretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day. 1 n U.S. Specialty Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: U.S. Specialty Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider Is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. Triple Rider_USSIC_ with warranty limitation rev. 1.1.06 DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Contract No. WP -2b, Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding, and other items of work throughout the site. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Contract Value and Address (or Percentage) N/A NOTE: This form must be submitted in accordance with the Instructions to Bidders. /s/ Curtis J. Green Bidder's Signature END OF DOCUMENT 00430 00430 List of Subcontractors Addm 3.doc 00430— 1 DOCUMENT 00500 - AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND C. GREEN SCAPING, L.P. Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No.: 06-50 Project No.: 02133-0314 Date: August 3, 2006 THIS AGREEMENT is dated as of the day of in the year 2006 by and between City of Fayetteville (hereinafter called Owner) and C. Green Scaping, L.P. (hereinafter called C. GREEN SCAPING, L.P.). ARTICLE I - WORK 1.01 C. GREEN SCAPING, L.P. shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding. 1.02 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The Contract provides for the implementation of WETLAND COMPENSATORY MITIGATION requirements of the individual Section 404 Permit File No. 14207, issued by the U. S. Army Corps of Engineers to City of Fayetteville, Arkansas. C. GREEN SCAPING, L.P. shall be responsible for implementing all applicable requirements of the Section 404 Permit associated with the construction activities that the successful Bidder will be contracted to perform. The wetland berms and water control structures are currently being constructed under a separate contract. Contract tasks shall include seedbed preparation and seeding at an approximately 31 -acre site owned by City of Fayetteville. More specifically, this project includes a controlled burn of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. 00500 -Agreement Modified 9-28-06.doc 00500- 1 DOCUMENT 00500— AGREEMENT (continued) ARTICLE 2- ENGINEER 2.01 The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2.02 All work and materials shall be subject to direction and approval by the Wetland Scientist. For this work, City of Fayetteville has contracted a Wetland Scientist to augment the staff of the Engineer and to evaluate the controlled burning, and seeding operations, including the evaluation and acceptance of the material and work performed by C. GREEN SCAPING, L.P.. This individual shall serve as City of Fayetteville's project representative as it relates to this specification. This individual shall have the authority of the Engineer in performing wetland science -related services. The work of the Wetland Scientist is subject to approval by the Engineer and City of Fayetteville. The Wetland Scientist is identified as Environmental Consulting Operations, Inc. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within One Hundred Fifty (150) calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within One Hundred Eighty (180) calendar days after the date when the Contract Times commence to run. 00500 -Agreement Modified 9-28-06.doc 00500 -- 2 DOCUMENT 00500— AGREEMENT (continued) 3.03 LIQUIDATED DAMAGES: A. City of Fayetteville and C. GREEN SCAPING, L.P. recognize that time is of the essence of this Agreement and that City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and C. GREEN SCAPING, L.P. agree that as liquidated damages for delay (but not as a penalty) C. GREEN SCAPING, L.P. shall pay City of Fayetteville Two Hundred Fifty ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. ARTICLE 4- CONTRACT PRICE 4.01 City of Fayetteville shall pay C. GREEN SCAPING, L.P. for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. LUMP SUM CONTRACT PRICE: For all Work (other than Unit Price Work) a Lump Sum of: Dollars 4.02 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. 00500 -Agreement Modified 9-28-06.doc 00500- 3 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. C. GREEN SCAPING, L.P. shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by City of Fayetteville and Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS. RETAINAGE: A. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of C. GREEN SCAPING, L.P.'s Applications for Payment as recommended by Engineer, within approximately 30 days of receipt of the Application for Payment, during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer and Wetland Scientist, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of 00500 -Agreement Modified 9-28-06.doc 00500-4 DOCUMENT OO5OO— AGREEMENT (continued) the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, City of Fayetteville shall pay an amount sufficient to increase total payments to C. GREEN SCAPING, L.P. to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6- C. GREEN SCAPING L.P.'S REPRESENTATIONS 6.01 In order to induce City of Fayetteville to enter into this Agreement, C. GREEN SCAPING, L.P. makes the following representations: A. C. GREEN SCAPING, L.P. has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. C. GREEN SCAPING, L.P. has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. 00500 -Agreement Modified 9-28-06.doc 00500-5 DOCUMENT 00500 — AGREEMENT (continued) C. C. GREEN SCAPING, L.P. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. C. GREEN SCAPING, L.P. acknowledges that City of Fayetteville, Engineer, and Wetland Scientist do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. C. GREEN SCAPING, L.P. has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by C. GREEN SCAPING, L.P. and safety precautions and programs incident thereto. F. C. GREEN SCAPING, L.P. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. C. GREEN SCAPING, L.P. is aware of the general nature of work to be performed by City of Fayetteville and others at and contiguous to the Site that relates to the Work as indicated in the Contract Documents. H. C. GREEN SCAPING, L.P. has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that C. GREEN SCAPING, L.P. has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to C. GREEN SCAPING, L.P.. 00500 -Agreement Modified 9-28-06.doc II:17��I:IS1 DOCUMENT 00500 — AGREEMENT (continued) I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between City of Fayetteville and C. GREEN SCAPING, L.P. concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: I. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. C. GREEN SCAPING, L.P.'s Bid. b. Documentation submitted by C. GREEN SCAPING, L.P. prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Labor -Related Regulations 7. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 8. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding 9. Addenda numbers I to 3, inclusive. 10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written 00500 -Agreement Modified 9-28-06.doc 00500 - 7 DOCUMENT 00500 — AGREEMENT (continued) Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS and Notice to Proceed. ARTICLE 8- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. City of Fayetteville and C. GREEN SCAPING, L.P. each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all 00500 -Agreement Modified 9-28-06.doc 00500- 8 DOCUMENT 00500 — AGREEMENT (continued) remaining provisions shall continue to be valid and binding upon City of Fayetteville and C. GREEN SCAPING, L.P., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 CONTROLLING LAW A. This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 8.06 ARKANSAS FREEDOM OF INFORMATION ACT A. City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to City of Fayetteville, C. GREEN SCAPING, L.P. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, City of Fayetteville and C. GREEN SCAPING, L.P. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville, C. GREEN SCAPING, L.P., and Engineer. 00500 -Agreement Modified 9-28-06.doc 00500 -9 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Effective Date of the Agreement. C. GREEN SCAPING. L.P By: (SEAL) Attest Address for giving notices License No attach Agent for Service of process (If C. GREEN SCAPING, L.P. is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 , 20, which is the CITY OF FAYETTEVILLE By: Title: (SEAL) Attest Address for giving notices (If City of Fayetteville is a public body, evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: 00500 -Agreement Modified 9-28-06.doc 00500 -10 DOCUMENT 00550 - NOTICE TO PROCEED TO: (Contractor) Project Name: Wastewater System Improvement Project Contract Name: Phase I — Wetland Mitigation Site Seedbed Prepar and Seeding Contract No: WP -2b y an�s ., Owner: City of Fayetteville, Arkfl i You are notified that the Contract CA, a Contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement Between Owner and Contractor, the date(s) of Substantial Completion and final completion ready for final payment are 20 and 20__, respectively. Before you may start any work at the Site, the General Conditions provide that you and Owner must each deliver to the other, (with copies to Engineer and other identified additional insureds) certificates of insurance, which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the Site, you must submit the following: 1. Preliminary construction progress schedule. 2. Preliminary schedule of Submittals. 3. Preliminary schedule of values. 4. Satisfactory evidence of insurance in accordance with the requirements of the General Conditions. You are required to return an acknowledgement copy of this Notice to Proceed to the Owner. Dated this day of 20 00550 -Notice To Proceed.doc 00550-1 DOCUMENT 00550 - NOTICE TO PROCEED: (continued) OWNER By ACCEPTANCE OF NOTICE TO PROCEED CONTRACTOR Late , l0 Copy to Engineer (Use Certified Mail, Return Receipt Requested) END OF DOCUMENT 00550 00550 -Notice To Proceed.doc 00550-2 DOCUMENT 00600 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) called "Principal" and (3) hereinafter of , State of , hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the "Owner," in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of a copy of which is hereto attached and made a part hereof for the construction of: Wastewater System Improvement Project: PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING, City of Fayetteville, AR Contract #WP -2b; Plans No. Fy-316WLR. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 00600— Performance Bond & Payment Bond 00600-1 DOCUMENT 00600 — PERFORMANCE BOND This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of Attest: Principal (Principal) Secretary By (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety Address Address Surety a Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 00600— Performance Bond & Payment Bond 00600-2 DOCUMENT 00600 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) called "Principal" and (3) of a (2) hereinafter State of , hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the "Owner," in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: Wastewater System Improvement Project: PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING, City of Fayetteville, AR Contract #WP -2b; Plans No. Fy-316WLR. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 00600 — Performance Bond & Payment Bond 00600-3 DOCUMENT 00600 — PAYMENT BOND PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of Attest: (Principal) Secretary (Seal) Witness as to Principal Address Attest: Principal By Address Surety (Surety) Secretary By (Seal) Witness as to Surety Address Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 00600 - Performance Bond & Payment Bond (11.1.06) Clarice Barman - es. 168-06 Page 1 From: aarice Pearman To: Jurgens, David Date: 11.1.06 2:58 PM Subject: Res. 168-06 David, Please let me know what the status is for the signed agreement from C. Green Scaping, L.P. Thanks. Clarice 11.1.06) Clarice Pearman - Re: Res. 168-06 Pa e 1 From: Clarice Pearman To: Jurgens, David Date: 11.1.06 3:46 PM Subject: Re: Res. 168-06 Thanks for your help. Clarice >>> David Jurgens 11.1.06 3:04 PM >>> Clarice, The contractor had a brain vamp and should get the originals to me within the next few days, per an update I received yesterday. Thank you, David >>> Clarice Peannan 11/1/2006 2:58:32 pm >>> David, Please let me know what the status is for the signed agreement from C. Green Scaping, L.P. Thanks. clarice Ctodwin Williams E Yates Engineering Conf19ence Mr. David Jurgens, P. E. Water & Sewer Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 ACEC November 10, 2006 Re: Contract Documents Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Fayetteville Wastewater System Improvements Project Fayetteville, Arkansas City Contract No. WP -2b; Project No. 02133-0314 MWY Project No. Fy-316WLR Dear Mr. Jurgens: Enclosed for signature by the Mayor and City Clerk are four sets of Contract Documents for the referenced project. The signature page is tagged in each copy. For your convenience, we have dated the agreement, bonds and powers -of -attorney. After signature, you may retain the copy marked OWNER. Please return the remaining three copies to this office and we will make distribution. JLR:sc Enclosure '999 9017 .n e4�rleyrlI, Very truly yours, Jeffrey L. Richards, P. E. Vice-President/Director of Engineering fig 73703 O 479-443-3404 0479-443-4340 O Ti b QD V O� N a W N • B 0 J m a I3 O `� n G J a a m R F o c p • N p J C m � v y m S b 3 • a y a_ _ C - m m o1 o a a 2 J m m m S n 3 ci o m 0 o � ao m 3 m - m o c o • - l/ y G Cm • J Z o b m 4. • J m 3 3 A O N m • o j O 0 0 " (D m m m o Q CD c C) < % — (D w � CO O O O O O 0 o O o u m 0 �' n 0 0 o c o o e o 0 0 n 0 0 0 o 0 o 0 0 0 0 O ry O N T T v'm o O T V p ao W � m a • O p N b C m o bo m V NC 3 3 a 3 a 5 U N ry O • n O d ~ O m� C p m m� ry 3 m m — C N x 3 5 C c J N o ' m w D o m c � A N O 0 O Ix Ix rrc Q X N 'O ♦ Co ry a O U J m p m O 0 0 2x D • m 0 o a 0 # v 0 0 C, • n lb � T Co O 0 .ev5 , l6$ •Q6 CONTRACT OWNER FAYETTEVILLE THE CrrY OF FAYETTEVIU.L ARKANSAS City of Fayetteville, Arkansas Water & Wastewater Department PROJECT MANUAL FOR FAYETTEVILLE PROJECT NO. 02133-0314 CONTRACT NO. WP -2b PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENTS PROJECT August, 2006 ENGINEER McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 OWNER/PROGRAM MANAGER City of Fayetteville, Arkansas Water and Wastewater Department 113 West Mountain Street Fayetteville, AR 72701 1 I • �. .•I`IYLL.� L I CHANGE ORDERS 1 I Amount Added Adjusted Days Added No. or Deducted Contract Amount to Contract (ORIGINAL CONTRACT AMOUNT/DAYS $145,200.00 ----- 150/180 ) I I. I I I I I I II 1 I I I C I INSURANCE Type Expires Renewed to 'General Liability 05/13/2007 Automobile Liability 05/13/2007 Excess Liability 05/13/2007 'Workers Compensation 05/13/2007 Property Insurance 05/13/2007 Owner/Engineer Protective Liab. 11/06/2007 I I II I LI INSURANCE COVERAGE Phase I- Wetland Mitigation Site Seedbed Preparation and Seeding Fayetteville Wastewater System Improvements Project Fayetteville, Arkansas Project No. Fy-316WLR In addition to furnishing Insurance Certificates or Binders which list the types, amounts, and expiration dates of the insurance for the project during the construction period, the Contractor's insurance agent shall provide the following information in order to assist the Owner in evaluating compliance with the insurance requirements. This completed form is to be forwarded to the Engineer along with the Insurance Certificate(s). A copy of this form is to be completed and signed by each insurance agent providing insurance coverage on the project. Types of Insurance Required by the Policy Number which Covers General Conditions and amended by the the Required Insurance: Supplementary Conditions, pages 00800-3 through 00800-5, to be in effect during construction: SC -5.4.1 & SC -5.4.2: Workers Compensation SC -5.4.3, SC -5.4.4 and SC -5.4.5: Comprehensive General Liability SC -5.4.6: Comprehensive Automobile Liability SC -5.5: Owner's Liability Insurance SC -5.6: Property Insurance SC -5.7: Other Insurance (as needed) Specify Need: 1 }o f#htA1 Gt_c Fucca cn.k/+QwvLd a vysd CocWThv'soV �,e po1�Z.�es. SC -5.8: Insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the Owner or Engineer. Above insuiite complies with this section. (CientL l ubdrty) Insurance Agent initials: y PPS �lndezk Section 01314 of Specifications: Use of Explosives (if applicable) /.,DT CQ uex cck 13At4iasj kH�G�S7�I O cP - The above information provided by L rCc( S 1,rj L D D 7X 7S4O (City) (State) (Zip Code) as insurance for A RD CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER (972) 387-3000 FAX (972) 387-3808 Swingle, Collins and Associates 13760 Noel Road, Suite 600 Dallas, TX 75240 Ann Acaley THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED C Green Scaping LP 4-C Equipment LP 8917 Cardinal In N Richland Hills, TX 76180 INSURER A: America First Lloyds of Texas INSURERS: America First Ins Co 12696 INSURERC INSURERD: INSURER E: nnVCOAnrc 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. INSR I.DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE an POLICY EXPIRATIONim DA 'jyy LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I XJ OCCUR CBP8044213 05/13/2006 05/13/2007 EACH OCCURRENCE $ 1,000,000 SFS F: flea) DAMAGE TO RENTED $ 100,00 MED EXP (Any dne penlan) $ 5,0) PERSONALSADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY X JECT LOC PRODUCTS - COMPIOP AGG $ 2 , 000,000 AUTOMOBILE LIABILITY ANVAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED MT NON -OWNED AUTOS BA8024681 BA802S781 05/13/2006 05/13/2006 05/13/2007 05/13/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per acoda ) X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESSIUMBRELLAUABUTY X OCCUR ___ICWMS MADE DEDUCTIBLE X RETENTION $ 10,00 CU8049217 05/13/2006 05/13/2007 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFyFFIuICERIMEMBER EXCLUDED? SPECIALSIONS below WC8046012 05/13/2006 05/13/2007 X WC TATU- OTH- E L. EACH ACCIDENT $ 1, 000, 00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: PHASE I - WETLAND MITIGATION SITE; FAYETTEVILLE PROJECT NO. 02133-0314 IC GOODWIN, WILLIAMS AND YATES INC, CONSULTING ENGINEERS AND THE OWNER ARE ADDITIONAL INSUREDS FALL POLICIES EXCEPT WORKERS COMPENSATION FOR ONGOING OPERATIONS WITH A WAIVER OF SUBROGATION THEIR FAVOR ON ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT. GENERAL LIABILITY PRIMARY AND NON-CONTRIBUTORY. 30 DAYS NOTICE OF CANCELLATION ENDT (EXCEPT 10 DAYS FOR NONPAY). -. a.- - •,A, --n I AYrcl I A•InIU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MC GOODWIN , WILLIAMS AND YATES INC BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 909 ROLLING HILLS DRIVE OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. FAYETTEVILLE, AR 72703 AUTHORIZED REPRESENTATIVE MAA Frank Swingle/MAA ACORD 25 (2001108) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) ACOR CERTIFICATE OF LIABILITY INSURANCE DATE/03/2006 1 PRODUCER (972)387-3000 FAX (972)387-3808 Swingle, Collins and Associates 13760 Noel Road, Suite 600 Dallas, TX 75240 112'011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INBUREo Mc n, Williams & Yates, Inc & City of Fayetteville, AR C/O C GREEN SCAPING LP 8917 CARDINAL LN N RICHLAND HILLS, TX 76180 INSURERS AFFORDING COVERAGE INSURERA America First Ins Co NAIC S 12696 INSURERB: INSURER C. INSURER D. INSURER E 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (10&YYI DATE iNSYyi lMlffE A GENERAL LIABILITY COMMERCIAL GENERAL LIABIL CLAIMS MADE X OCCUR OCP-BINDER ER' S PROTECTIVE LIAB. 11/06/2006 11/06/2007 EACHOCCURRENCE $ 2,000,000 X DAMAGE TO RENTED $ $ MED EXP (Anyone per ) PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,00 GENL AGGREGATE LIMIT APPLIES PER POLICY jEC07 LOC PRODUCTS- COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea ac dent) $ BODILY INJURY (Per person) $ LY BODILY INJURY (Per ) $ PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY. AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COYPEMMTIOM AND EMPLOY ERS'LIABILRY ANY PROPRIETOR.PARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? yM SPEC PROVISIONS beta W SSTATU- 0TH - E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ERTIFICATE HOLDER IS ADDITONAL INSURED. C GREEN SCAPING LP 8917 CARDINAL LN N RICHLAND HILLS, TX 76180 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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 INSURER, ITS AGENTS OR RI AUTHORIZED REPRESENTATIVE ACORD 28 (2001108) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. AGVKU zo (LUU1IUa) I ADDENDUM NO.3 Fayetteville Wastewater System Improvements Project ' Contract No. WP -2b Bid #06-50, WSIP Wetland Mitigation PHASE I -WETLAND MITIGATION SITE ' SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas ' Fayetteville Project No. 02133-0314 Plans No. Fy-316 Dated August, 2006 The Project Manual for the above project is hereby changed or clarified in the following particulars: ' PROJECT MANUAL Document 00120 — Invitation to Bid II) On page 00120-1, under Description of Work of This Contract, second paragraph, change the second sentence to read: "More specifically, this project includes a controlled burn of the site and seeding approximately 16.5 acres of '• upland prairie habitat and 14.5 acres of wetland prairie habitat." 2) On page 00120-3, under Completion, the Contract Milestones a) through d) shall be deleted and shall be replaced with the following: a) Controlled Burn: After killing frost, but no later than December 1, 2006. b) Seeding: No later than December 15, 2006. ' Document 00140 — Bidder's Qualification Statement 1) On page 00140-1, under Experience Statement, delete paragraph 2 (experience in herbicide application) in its entirety. Document 00400 — Bid Form 1) On page 00400-4, under Article 4 — Bid Price, paragraphs A and D are hereby ' deleted. Enclosed is a revised page 00400-4 which shall be taped or stapled over the existing page 00400-4. Document 00430 — List of Subcontractors 1) On page 00430-1, references to herbicide application are deleted. Enclosed is a revised page 00430-1 which shall be taped or stapled over the existing page 00430-1. ' Document 00500 - Agreement 1) On page 00500-1, under Article 1 — Work, Section 1.02, paragraph 3, change the ' second sentence to read, "More specifically, this project includes a controlled bum of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat." 2) On page 00500-2, under Article 2 — Engineer, Section 2.02, in the second sentence, delete the phrase "actual herbicide application." I Section 01110 - Summary of Work ' 1) On page 01110-1, under Section 1.02.8, change the second sentence to read, "More specifically, this project includes a controlled burn of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland 'prairie habitat." 2) On page 01110-2, under Section 1.06.A, Milestones 1-4 shall be deleted and t shall be replaced with the following Milestones: 1. Controlled Burn: After killing frost, but no later than December 1, 2006. 2. Seeding: No later than December 15, 2006. ' Section 01125 — Methods of Measurement and Payment 1) On page 01125-1, under Section 1.01.A, Summary, delete paragraphs 1 and 4. ' The remaining paragraphs 2 and 3 shall become paragraphs 1 and 2 and Bid Items 1 and 2, respectively. ' Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications 1) On page 02921-4, Article 1.2.F.1, delete paragraph e, Goal 5: Control Invasive and Non -Native Plant Species, in its entirety. 2) On page 02921-5, the first paragraph on this page shall be changed to read: "Services under the contract contained herein shall be for Phase I Tasks that shall include: Controlled burning and no -till broadcast seeding." 3) On page 02921-5, Article 1.3, paragraph A — Contractor Qualifications, change paragraph 1 to read as follows: "Contractor and Contractor's personnel shall collectively have proficient technical skills, knowledge of, and experience with: wet prairie plant taxonomy; wet prairie entomology, herpetology, ornithology, and '• mammalogy; identification of ecologically sensitive species; and wetland/prairie vegetation management and restoration." 4) On page 02921-5, Article 1.3, paragraph A — Contractor Qualifications, delete • paragraph 2 (regarding herbicide application) in its entirety. 5) On page 02921-5, Article 1.3, paragraph B.1 — Mitigation Site Management, in ' first sentence, delete the phrase "herbicide application." 6) On page 02921-6, Article 1.3, paragraph C.1.a, change this sentence to read: "This work shall include, but is not limited to, seedbed preparation prior to seeding, including a prescribed, controlled burn." 7) On page 02921-6, Article 1.3, paragraph C — Wetland Mitigation Site Seedbed Preparation, delete subparagraph d (regarding Phase II herbicide application) in '• its entirety. 8) On page 02921-16, Article 1.3.D, delete Section 9, Herbicide and Herbicide Application Equipment, paragraphs a through g, in their entirety. 9) On page 02921-19, Article 1.3.F.1, paragraph a, change the second sentence to read: "The area must be properly prepared before commencement of controlled burning or seeding operations." 10) On page 02921-19, Article 1.3.F.1, paragraph c, delete items i through iv, and replace with the following: Prescribed burn: The prescribed burn shall be completed after October 31, 2006, but no later than December 1, 2006. ' 2 ii. Fall seeding shall not commence until completion of prescribed bum, but ' completion of seeding must be before December 15, 2006. 11) On page 02921-19, Article 1.3.F, delete Section 2 (Early Fall Herbicide ' Applications), paragraphs a through k in their entirety. 12) On page 02921-21, Article 1.3.F.3 — Prescribed Burning, in paragraph a, change the first sentence to read: "Prior to October 31, 2006, Contractor shall prepare for a controlled burn within each of the seven (7) wetland cells." 13) On page 02921-27, Article 1.3.F, delete Section 8 (Cool Season Herbicide Application) in its entirety. ' 14) On page 02921-27, Article 1.3.G, delete Section 1 — Acceptance of Herbicide Application Work, in its entirety. 15) On page 02921-28, Article 1.3.1, delete Section 2 — Herbicide Application Submittals, in its entirety. PLANS Sheets WC2 and WC3 1) Delete the words, "for herbicide application" from text located one time on each sheet, describing the Buffer Zone. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. 1 I I ITwo Attachments: Page 00400-4 and Page 00430-1. ' September 14, 2006 McGoodwin, Williams and Yates, Inc. I. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 1 3 DOCUMENT 00400 -BID FORM (continued) ARTICLE 4- BID PRICE 4.01 Bidder will complete the Work in accordance with the Contract Documents for the following lump sum prices: A. Controlled Burn: After killing frost, but no later than December 1, 2006. 1. Lump Sum: Completion of a controlled bum of the wetland site, including wetland cells and upland prairie berms. Dollars ($ ). B. Seeding: No later than December 15, 2006. 2. Lump Sum: Completion of no -till, broadcast seeding of approximately 31 acres of wetland cells and upland berms with specified seed mix, as approved by Wetland Scientist. Hydro - mulching of existing berms will be allowed. Dollars ($ ). Total — Items land 2: Dollars ($ 00400 -Bid Form Addm 3.doc 1I! 11 I E I I I I I L I I DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Contract No. WP -2b, Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding, and other items of work throughout the site. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Contract Value and Address (or Percentage) INOTE: This form must be submitted in accordance with the Instructions to Bidders. I I END OF DOCUMENT 00430 I Bidder's Signature ' 00430 List of Subcontractors Addm 3.doc 00430- 1 I ADDENDUM NO. 2 Fayetteville Wastewater System Improvements Project Contract No. WP -2b Bid #06-50, WSIP Wetland Mitigation PHASE I -WETLAND MITIGATION SITE ' SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas Fayetteville Project No. 02133-0314 Plans No. Fy-316 Dated August, 2006 ' The Project Manual for the above project is hereby changed or clarified in the following particulars: ' PROJECT MANUAL Document 00120 — Invitation to Bid ' 1) Page 00120-1, under BID INFORMATION, in the first sentence, change the date to receive bids from August 31, 2006 to September 21, 2006. Other provisions regarding the place and time of day to receive bids remain the same. ' GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. I FT Li August 30, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 H El ADDENDUM NO. 1 Fayetteville Wastewater System Improvements Project Contract No. WP -2b ' Bid #06-50, WSIP Wetland Mitigation PHASE I -WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING Fayetteville, Arkansas Fayetteville Project No. 02133-0314 Plans No. Fy-316 ' Dated August, 2006 The Project Manual and the Plans for the above project are hereby changed or clarified 'in the following particulars: PROJECT MANUAL Document 00140 — Bidder's Qualification Statement 1) On page 00140-3, under Financial Statement, Item 1, Assets and Liabilities, change the sentence to read: "Attach a current financial statement, audited if available, including...." Document 00400 - Bid Form 1) On page 00400-4, paragraph 4.01.C, Bid Item 3. After the words, "Wetland Scientist," add the following sentence: "Hydro -mulching of existing berms will be allowed." Document 00800 - Supplementary Conditions 1) On page 00800-4, under SC -5.4.3, SC -5.4.4 and SC -5.4.5, Comprehensive General Liability, change the Combined Single Limit from $2,000,000 to "$1,000,000." 2) On page 00800-4, under SC -5.4.6, Comprehensive Automobile Liability, change the text to read: Bodily Injury: $300,000 Each Person $300,000 Each Occurrence Property Damage: ' $300,000 Each Occurrence Or a combined single limit of $1,000,000. 3) On page 00800-4, under SC -5.5, Owner's Liability Insurance, in the last '• sentence, change the amount of $2,000,000 to "$1,000,000." Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications 1) On page 02921-2, under paragraph D, at the end of line 3, change the 3.06 acres to read "3.15 acres." 2) On page 02921-3, under paragraph F.1.a.i, in the first line, change the 4.22 acres to read "4.23 acres." 3) On page 02921-3, under paragraph F.1.a.ii, in the first line, change the 2.64 acres to read "2.54 acres." F] I I I I I I I I I r I I 4) On page 02921-3, under paragraph F.1.b.i, in the first line, change the 3.06 acres to read "3.15 acres." 5) On pages 02921-6 and 7, under paragraph C.1.e, in line 4, change the 8.27 acres to read "8.28 acres;" in line 5, change the 2.64 acres to read "2.54 acres;" in line 7, change the 3.06 acres to read "3.15 acres;" and in lines 7 and 8, change the wetland cells W1, E1, E2 and E5 to read "wetland cells W-1, E-1, and E-3." 6) On page 02921-7, under paragraph C.1.e, in the Planting Zone Acreage table, many of the numbers in the first three rows, Wet Meadow, Forested, and Marsh, are hereby changed. The last four rows of the table remain unchanged. The entire revised table is shown below to minimize confusion: Planting Zone Acreage Zone Cell W1 Cell W2 Cell E1 Cell E2 Cell E3 Cell E4 Cell E5 TOTALS Wet Meadow -0- 4.45 -0- 0.78 -0- 1.80 1.25 8.28 Forested 2.34 -0- 0.46 -0- 0.35 -0- -0- 3.15 Marsh 0.12 0.67 0.36 0.77 0.19 0.43 -0- 2.54 OpenWater -0- 0.05 0.03 0.04 -0- 0.31 -0- 0.43 Upland Buffer 2.8 1.61 1.15 1.41 0.91 2.67 1.67 12.22 Berms 0.88 0.83 0.41 0.48 0.40 0.76 0.63 4.39 TOTALS 6.14 7.61 2.41 3.48 1.85 5.97 3.55 31.01 7) On page 02921-16, under paragraph 9.b, add the following items to the herbicide list: Imazapyr Foramsulfuron 8) On page 02921-20, under paragraph 2.g, add the following language at the end of the paragraph: "Contractor shall not apply herbicides for control of wood vegetation to desirable woody plant species in forested planting zones in Cells W-1, E-1, and E-3. Contractor shall apply herbicides for control of all woody plant species in upland, wet meadow, and marsh planting zones." 9) On page 02921-24, under paragraph 5.a, add the following language at the end of the paragraph: "Contractor shall conduct seeding on earthen berms via hydro- seeding/mulching." PLANS Sheets WC1. WC2 and WC3 1) Attached are new revised sheets WC1, WC2 and WC3 "Addendum 1." These attached sheets replace the original sheets WC1, WC2 and WC3 contained in the Plans. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid Form. August 24, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404; FAX (479)443-4340 I 2 I I Ii I I I I I I I I I I I I u I II I FAYETTEVILLE THE CRY OF FAYETTEVILLE ARKANSAS I-- - City of Fayetteville, Arkansas Water & Wastewater Department PROJECT MANUAL FOR FAYETTEVILLE PROJECT NO. 02133-0314 CONTRACT NO. WP -2b PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENTS PROJECT August, 2006 ENGINEER McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 OWNER/PROGRAM MANAGER City of Fayetteville, Arkansas Water and Wastewater Department 113 West Mountain Street Fayetteville, AR 72701 I I I 1 1 1 1 1 PROJECT MANUAL Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding Fayetteville Wastewater System Improvements Project Fayetteville, Arkansas City of Fayetteville Project No. 02133-0314 Water and Wastewater Department Contract No. WP -2b Engineer's Project No. Fy-316WLR Engineer: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Tel. 479-443-3404 Fax. 479-443-4340 00001b Project Title Page 00001-1 I I City of Fayetteville, Arkansas ' Wastewater System Improvement Project: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No. WP -2b ' DOCUMENT 00005 - INDEX AND CERTIFICATION PAGE I SPECIFICATION INDEX DOCUMENT NUMBER '/ DIVISION DESCRIPTION OF PAGES 00120 - 00700 Invitation to Bid through General Conditions 81 ' 00800 - 00900 Supplementary Conditions; Forms 19 Div. 1 General Requirements 64 Div. 2 Site Construction 33 '• Div. 3 Concrete 0 Div. 4 Masonry 0 Div. 5 Metals 0 ' Div. 6 Wood and Plastics 0 Div. 7 Thermal and Moisture Protection 0 Div. 8 Doors and Windows 0 ' Div. 9 Finishes 0 Div. 10 Specialties 0 Div. 11 Equipment 0 Div. 12 Furnishings 0 Div. 13 Special Construction 0 Div. 14 Conveying Systems 0 '• Div. 15 Mechanical 0 Div. 16 Electrical 0 I CERTIFICATION(S) I •..v ',�s. Ai may. ( �+ '.. ^:a �• � f.. �� .lp� it �"F .. :' 'S if �, a �b {r; I Certifications are on the following pages. I fI Li I00005 -Index & Ccn.doc 00005- 1 I I I I I I I I TI Ti I LI I H H L STAMPS, SEALS AND SIGNATURES CERTIFICATE OF SEAL AND SIGNATURE APPLICABLE SECTIONS AUTHORIZATION Jeffrey L. Richards, P. E. Sections 00120 through 00860. SMtAT1 pf ARAI1 AS M t e UGISTUELA FROM 4 L, RiG� M. Lane Crider, P. E. Sections 00930 through 01780. stets � At s A IN Pt te. No. 9233 / c'v t00005 -Index & Cert.doc 00005-2 I STAMPS, SEALS AND SIGNATURES (continued) CERTIFICATE OF SEAL AND SIGNATURE AUTHORIZATION APPLICABLE SECTIONS Bruce Shackleford, M.S., REM, Sections 02270, 02921. REPA O�W lug o, E •:per A KLEFORD! ultlh&t REM a 5607 'iii I I Li H I I I I H I I I I H 00005 -index & Cert.doc 00005- 3 ' Illlw ,i3' , .1 111 _.141Jl 111 1 . 1 11i_I, ;mil '_ 11 a 4V fl 4 1 ZI TABLE OF CONTENTS City of Fayetteville Project Number 02133-0314 Contract Number. WP -2b Contract Title: Wastewater System Improvement Project — Phase I Mitigation Site Seedbed Preparation and Seeding 00005-1 of 3 00010-1 of 2 ITI '1 1 1 '1''r, :. 1 , 1, -I • I. I I J" 1 .' I` 1 ..11 - 1 1 1 1 1 I / 1 II I 11 II n / 1 d„1+ II, I1 : 1 . 1 1111 1 11 1 I :111 11 1 11 1 1 \I. Y.IIiI Vil 11' 1 1 1'.L')' I I 1 1 '. ...11 _l n ', 11 Proceed 1 1 1 1 1' IIIIf , n 1. •.II I11 1-1i .III II111 1 Hd A' 1M . 1'-I_ 11 11 7. d 1 1 1 .1 ti 080 . 1 II' 1 • .. 11' 11 .. .. .II 11' 11' 1 ♦I' ll... • 1.. I I'' 1 .:1 / 1 I I d 1 1 '•'ll 11' 1 . . I I 1.11 V ..11 V nlI .Y.II I I I 1 1 11- IY�111 1 `1 .� �I I!Y 111 I .. II _II 00010-1 • 01290.02 Schedule of Values 01290.02-1 of 1 01290.12 Cetificase of Subatati 1 Completion 01290.12-1 of I • 01290.14 Couaacior Affidavit fa Final Payment 01290.14-1 of 2 01290.15 Subcontractor Affidavit for Final Payment 01290.15-1 of 1 01320 Project Meetiop, Schedules, and Reports 01320-1 of 5 01325 ConstructionPhotgrapbs 01325-1 of 4 • 01330 Submittals 01330-1 of6 01330.01 Submittal InfatuationBlock 01330.01-1 of 1 01420 Definitions and Standards 0I420-1 of 3 01520 Field Offices and Sheds 01520-1 of 2 01530 Tarpomy Barriers and Controls 01530-1 of 5 01560 Teo4ocsry Utiiities and Facilities 01560-1 of 7 01580 Project Identikeadou 2nd Signs 01580.1 of 2 01600 Hqui anent and Materials 01600-1 of 4 • 01631 Substitutions 01631-1 of3 01631.01 Substitution Request Pam • 01631.01-1 of 2 01780 CalftTactcloseout 01780-1 of4 1` ' 0 r,` ` •1 1 1 V '1 'r i�mneo nun 1 1 oter' .i- r ' d I 1 Ca tV 1 71 1 !I� 1 1:1 1 -'Ti AI 00010 Table ofCoateams 00010-2 I I I I I I I I E I I DOCUMENT 00120 - INVITATION TO BID City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No.: 06-50 Project No.: 02133-0314 Date: August 3, 2006 DESCRIPTION OF WORK OF THIS CONTRACT The Contract provides for the implementation of WETLAND COMPENSATORY MITIGATION requirements of the individual Section 404 Permit File No. 14207, issued by the U. S. Army Corps of Engineers to the City of Fayetteville, Arkansas. The Contractor shall be responsible for implementing all applicable requirements of the Section 404 Permit associated with the construction activities that the successful Bidder will be contracted to perform. The wetland berms and water control structures are currently being constructed under a separate contract. Contract tasks shall include seedbed preparation and seeding at an approximately 31 -acre site owned by the City of Fayetteville. More specifically, this project includes spot -application of herbicide, a controlled burn of the site, seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. BID INFORMATION Sealed bids will be received by the City of Fayetteville, Arkansas (the Owner) until 1:30 p.m., local time, Thursday, August 31, 2006. Bids received after this time will not be accepted. Bids will be opened in Room 326 at City Hall and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bids will be received at the following location: Purchasing Agent's Office (Room 306) at City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 Copies of the Bid Documents may be obtained for bidding purposes from McGoodwin, Williams and Yates, Inc. at a purchase price of Seventy -Five Dollars ($75.00) for each set of documents. Bid Documents may be obtained at the following Issuing Office: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone: 479-443-3404; Fax: 479-443-4340 I00120 -Invitation to Bid.doc 00120- 1 I DOCUMENT 00120 - INVITATION TO BID (continued) I Payment must be received prior to shipment of the Bid Documents. NO REFUND of payment will be made and no partial sets will be issued. No half-size sets will be issued prior to bid opening. ' Bid documents may be examined at the following locations: McGraw Hill Construction Dodge/Little Rock McGraw Hill Construction Dodge/Springfield Koger Center, Redding Building 1313 N. Nias, Suite B 1701 Centerview Drive, Suite 110 Springfield, MO 65802 Little Rock, AR 72211-4311 (417)866-9237; Fax (417)866-9351 (501)225-9453; Fax (501)225-9534 McGraw Hill Construction Dodge/ Tulsa Reed Construction Data 12101 E. 51" Street, Suite 105 www.reedconstructiondata.com Tulsa, OK 74146 (918)307-1786; Fax (918)307-1788 ' Northwest Arkansas Planning Room ABC Plan Room 103-A Apple Blossom Road c/o Southern Reprographics, Inc. Lowell, AR 72745 2905 Pointe Circle (479)750-7704; Fax (479)750-7709 Fayetteville, AR 72703 (479)582-4022; Fax (479)582-4021 A prebid conference will be held at 1:30 p.m., local time, on August 17, 2006. Attendance is 1 non -mandatory for prospective Bidders. Prebid conference will be held at the following location: Fayetteville City Hall — Room 326 113 West Mountain Street Fayetteville, Arkansas Bids will be received on a unit price basis. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state I and local governments where the Project is located. Bids received from Bidders who are not recorded by Engineer as having received the Bid Documents will not be opened. Owner will evaluate Bidders in accordance with the Instructions to Bidders and Bidder's Qualification Statement. Bid security in the form of a certified or bank cashier's check or a Bid Bond in the amount of 5 percent of the Bid Amount shall accompany each Bid in accordance with the Instructions to Bidders. Bids shall be in accordance with the Bid Documents. I Completion time shall be as follows: [1 00120 -Invitation to Bid.doc 00120-2 1 I DOCUMENT 00120 - INVITATION TO BID (continued) The Work shall be Substantially Completed within One Hundred Fifty (150) days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within One Hundred Eighty ' (180) days after the date when the Contract Times commence to run. Contract Milestones are to be completed, as follows: a) Spot -Application of Herbicides: Prior to November 1, 2006. b) Controlled Bum: After initial herbicide application and killing frost, but no later than December 1, 2006. c) Seeding: No later than December 15, 2006. d) Follow -Up Spot -Application of Herbicides for Cool Season Species: After seeding through end of Contract. These milestone dates are subject to change by the Wetland Scientist. ADDITIONAL PROVISIONS The Bid shall be conditioned upon compliance with all applicable labor related requirements including the regulations and stipulations concerning equal employment opportunity, minority manpower utilization, affirmative action requirements, and minimum wage rates. The Arkansas Department of Labor Prevailing Wage Rate shall establish the minimum wages to be paid to workers under this Contract. OWNER'S RIGHT TO REJECT The Owner reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the Owner for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the Owner because of such rejections. The Owner further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of Bids. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. AWARD OF CONTRACT Any contract or contracts awarded under this Invitation for Bids will be subject to the requirements described in the Contract Documents. OWNER: CITY OF FAYETTEVILLE, ARKANSAS By Peggy Vice Title: Purchasing Manager END OF DOCUMENT 00120 I 00120 -Invitation to Bid.doc 00120- 3 I I DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: I. Project Name: Wastewater System Improvement Project Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Date: ISUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: ICompany Name Address Principal Office Corporation, partnership, individual, joint venture, other EXPERIENCE STATEMENT 1. Bidder has been engaged as a Contractor in this type of wetland mitigation construction for years and has performed work of the nature and magnitude of this Contract for years. Bidder has been in business under its present name for years. 2. List and describe relevant project experience in herbicide application for restoration of wet prairies and forested wetlands. Include name of project, location, project owner, acreage of restoration site, date of completion, herbicides used, targeted plant species, season of use, method of application, and percent effective removal of undesirable plant species. I L00140 -Bidder Qualifications.doc 00140-1 I DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) I 3. List and describe relevant project experience in prescribed burning for restoration of 1 wet prairies and forested wetlands. Include name of project, project owner, date of completion, acreage of restoration site, burning methodology and equipment used. 1 I 4. List and describe relevant project experience in grass and forb seeding for restoration of prairie uplands and wetlands. Include name of project, project owner, acreage of restoration site, plant species seeded, date of completion, seeding methodology and percent success of establishing desired plant species. I I 5. Has Bidder ever failed to complete any project? If so, state when, where, and why. I 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): I I I I 00140 -Bidder Qualifications.doc 00140-2 1 I DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) I [1 I I 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: I I I I Ti E LI �I J I a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: I00140 -Bidder Qualifications.doc 00140-3 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. $ b. S Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: , 20 (OFFICIAL SEAL) Name of Organization: By Title (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140 -Bidder Qualifications.doc 00140 - 4 I I I 1 I I I 1 I 1 I I I I I 1 1 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: ARTICLE 1- INTRODUCTORY INFORMATION 1.01 DEFINED TERMS: A. Terms used in these Instructions to Bidders and which are defined in the GENERAL CONDITIONS, have the meanings assigned to them in the GENERAL CONDITIONS. B. Bid Documents shall include the following: 1. Bidding Requirements: a. Invitation to Bid. b. Instructions to Bidders. c. Bid Form. Id. Bid Bond. 2, Contract Forms: a. Agreement Between Owner and Contractor. b. Performance Bond and Payment Bond. 3. Contract Conditions: a. General Conditions. b. Supplementary Conditions. c. Labor -Related Regulations. 4. Specifications. 5. Drawings. 6. Addenda issued prior to receipt of Bids. C. Certain additional items used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. I. Bidder — one who submits a Bid directly to Owner as distinct from a sub - bidder, who submits a Bid to a Bidder. 2. Issuing Office — the office from which the Bid Documents are to be issued and where the bidding procedures are to be administered. 3. Successful Bidder — the lowest, responsible, and responsive Bidder to whom Owner on the basis of Owner's evaluation as hereinafter provided makes an award. 1.02 COPIES OF BID DOCUMENTS: A. Complete sets of the Bid Documents in the number and for the purchase sum stated in the Invitation to Bid, may be obtained from the Issuing Office. B. Complete sets of Bid Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. C. Owner and Engineer in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. I I I00200 -Instructions to Bidders.doc 00200- 1 I DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) I 1.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE: I A. Before submitting a Bid, it is the responsibility of each Bidder: 1. To thoroughly examine the Contract Documents and other related data identified in the Bid Documents. 2. To visit the Site to become familiar with and satisfy Bidder as to the general, local, and Site conditions that may in any manner affect cost, progress, and performance of the Work. 3. To consider federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, performance, and furnishing of the Work. 4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data. 5. To promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. B. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder, including safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. C. In the preparation of the Contract Documents, reports of explorations and tests of any Hazardous Environmental Condition(s) at the Site of the Work have not been prepared. D. Access to the Site: 1. On request, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of his Bid. Bidder shall fill all holes, clean up, and restore the Site to its former conditions upon completion of such explorations, investigations, tests, and studies. 2. The lands upon which the Work is to be performed and rights -of -way in performing the Work are owned by the City of Fayetteville, Arkansas. E. The submission of a Bid will constitute an incontrovertible representation by the Bidder , that he has complied with every requirement of this paragraph "Examination of Contract Documents and Site," and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1.04 INTERPRETATIONS. MODIFICATIONS, AND ADDENDA: A. Any Bidder who discovers ambiguities, inconsistencies, or errors or is in doubt as to the meaning or intent of any part of the Bid Documents shall promptly request an interpretation from Engineer listed at the end of these Instructions to Bidders. Interpretations or clarifications considered necessary by Engineer in response to such requests will be issued by Addenda mailed or delivered to all parties recorded by 00200 -Instructions to Bidders.doc 00200- 2 ' DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) Engineer as having received the Bid Documents. Requests for certification or interpretation received within 10 days of date of opening Bids will not be answered. B. Addenda may also be issued to modify the Bid Documents as deemed advisable by Owner or Engineer. C. Because of the time required to publish and deliver, no Addenda will be issued within the last 3 days before the date of opening Bids. D. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.05 PREBID CONFERENCE: A. A prebid conference will be held at 1:30 p.m., local time, on August 17, 2006. Attendance is non -mandatory for prospective Bidders. Prebid conference will be held at the following location: Fayetteville City Hall — Room 326 113 West Mountain Street Fayetteville, Arkansas 1.06 LABOR -RELATED REGULATIONS: A. The Arkansas Department of Labor Prevailing Wage Rate shall establish the minimum wages to be paid to workers under this contract. B. Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville encourages all qualified minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified, small, minority, and women business enterprises. ARTICLE 2- BASIS OF BIDDING 2.01 SPECIFIED EQUIPMENT AND MATERIALS: A. Substitutions will be considered only after the Effective Date of the Agreement and as set forth in the GENERAL CONDITIONS. 2.02 INDIRECT COSTS: A. Taxes: All applicable sales, use, compensating, or other taxes to be paid or withheld by Bidder, now imposed by any taxing authority, on Equipment and Materials to be incorporated in the Work, and on any or all other cost items entering into the Contract Price, shall be included in the Bid price. B. The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by Owner, shall be included in the Bid price. C. Tests, inspections, and related activities called for throughout the Bid Documents are a responsibility of Successful Bidder unless specified otherwise. The Bid shall include all costs arising from such responsibility. I00200 -Instructions to Bidders.doc 00200-3 I DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) D. The cost of all electrical, water, gas, telephone, sanitary, and similar facilities and services required by Successful Bidder in performing the Work shall be included in the Bid price unless specified otherwise. 2.03 SUBCONTRACTORS: A. The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. B. No Successful Bidder shall be required to employ any Subcontractor, other person, or organization against whom Contractor has reasonable objection. Owner or Engineer may accept or reject Subcontractors in accordance with the GENERAL CONDITIONS. 2.04 CONTRACT TIMES AND LIQUIDATED DAMAGES: A. The number of days within which, or the dates by which, the Work is to achieve Substantial Completion and also final completion and be ready for final payment shall be as stated in the Agreement. B. Provisions for liquidated damages, if any, are as set forth in the Agreement. ARTICLE 3- BIDDING PROCEDURE 3.01 PREPARATION OF BID: L I I I I I I I A. Submission of Bids: Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE PROJECT MANUAL. B. The Bid Forms shall be filled out in detail in black ink and signed by the Bidder. C. Bids by partnerships shall be executed in the partnership name and signed by a partner whose title shall appear under his signature; and the official address of the partnership shall be shown below the signature. D. Bids by corporations shall be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. E. Names of all persons signing shall be printed below their signatures. F. A power of attorney shall accompany the signature of anyone not otherwise authorized to bind the Bidder. G. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. I 00200 -Instructions to Bidders.doc 00200— 4 1 I DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) I I I I I I H. The address to which communications regarding the Bids are to be directed shall be shown. 3.02 METHOD OF BIDDING: A. Bids will be received on the basis as set forth in the Bid Form. B. Firm Bids are required. 3.03 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID: A. The Bidder shall include with his Bid subcontractor name, address, and amount or percent of total contract for each specialty subcontract area noted. The subcontractors shall be submitted with the Bid on Document 00430-1 — List of Subcontractors. 3.04 FORMS TO BE SUBMITTED WITH BID: A. The following forms shall be submitted with the Bid in the envelope provided. 1. DOCUMENT 00140 BIDDER'S QUALIFICATION STATEMENT 2. DOCUMENT 00400 BID FORM 3. DOCUMENT 00410 BID BOND 4. DOCUMENT 00430 LIST OF SUBCONTRACTORS 3.05 BID SECURITY: A. Each Bid shall be accompanied by Bid security, payable to Owner, of the amount stipulated in the Invitation to Bid. B. The required security shall be in the form of a certified or bank cashier's check or a Bid Bond on the form attached. C. Bid Bond shall be executed by a surety meeting the requirements set forth for "Surety ' Bonds" in the GENERAL CONDITIONS. D. Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required surety Bonds as set forth in the GENERAL CONDITIONS, whereupon Bid security will be returned. If the Successful Bidder fails to execute the Agreement and furnish the surety Bonds within 15 days after the date of Notice of Award, Owner may annul the Notice of Award, and Bid security of that Bidder will be forfeited to Owner. E. The Bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 10 days after the Effective Date of the Agreement and the required surety Bonds furnished, or the 61 day after the Bid opening. Bid security of other Bidders will be returned within 10 days of the bid opening. I3.06 SUBMISSION OF BID: I 11 A. Bids shall be submitted at the time and place designated in the Invitation to Bid. B. Bid Documents with accompanying Bid security and other required information shall be enclosed in a sealed envelope and marked with the following: 1. Project name. I00200 -Instructions to Bidders.doc 00200- 5 I DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) 2. Contract title and number. 3. Name and address of Bidder. 4. Date and time of Bid opening. 3.07 MODIFICATION OR WITHDRAWAL OF BIDS: A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. ARTICLE 4- OPENING OF BIDS 4.01 OPENING OF BIDS: A. Bids will be opened and (unless obviously non -responsive) read aloud publicly at the ' place where Bids are to be submitted. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids. B. All Bids shall remain open for a period of 60 days after Bids are opened, but Owner I may, at his sole discretion, release any Bid and return the Bid security at any time prior to that date. ARTICLE 5 - AWARD OF CONTRACT 5.01 OWNER'S RIGHT TO REJECT BIDS: A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non -responsive, unbalanced, or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, times, or changes in the Work and to negotiate Contract terms with the Successful Bidder. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. All Bidders must agree that such rejection shall be without liability on the part of the Owner nor shall the Bidders seek recourse of any kind against the Owner because of such rejections. The filing of any Bid shall constitute an agreement of the Bidder to these conditions. I I 00200 -instructions to Bidders.doc 00200 - 6 1 11 DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS: (continued) 11 I Li I I I I I [1 It 1 1, U 4 I 5.02 EVALUATION OF BIDS: A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work. C. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the proposed Subcontractors and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. D. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. E. The Bidder shall submit with his Bid, a list of all Subcontractors Bidder expects to use in the Work. The use of Subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the Work. F. Within 10 days after the Bids are opened, the apparent Successful Bidder, and any other Bidder so requested, shall submit an itemized breakdown of any lump sum portion of its Bid. This breakdown must include a separate item for each major category of work and each major piece of equipment. This breakdown may or may not be reflected in subsequent time schedule submittals. G. The award of the Contract, if it is awarded, will be to the lowest, responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of Project and Owner. 5.03 NOTICE OF AWARD: A. After considering the basis of award and evaluation of Bids, if the Contract is to be awarded, Owner shall within 60 days after the date of opening Bids notify the Successful Bidder of acceptance of his Bid. ARTICLE 6- SIGNING OF AGREEMENT 6.01 When Owner gives Notice of Award to Successful Bidder, Engineer will issue the required number of bound, unsigned counterparts of the Agreement and other Contract Documents to Successful Bidder. 6.02 Within 15 days thereafter, Contractor (Successful Bidder) shall sign all copies of the Agreement leaving the dates blank, insert the properly executed Bonds, power of attorney documents, and other required documents in the appropriate places, and deliver all copies to Owner. END OF DOCUMENT 00200 I00200 -Instructions to Bidders.doc 00200 — 7 I DOCUMENT 00400 -BID FORM Project Name: Wastewater System Improvement Project Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b Bid No. 06-50 Project No.: 02133-0314 Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Contractor: C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, TX 76180 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. LARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. I, I I I00400 -Bid Form.doc 1 00400 —1 I I I U I 1 F El I I I I I El I I DOCUMENT 00400 -BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. B. C. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number 1 2 3 Date August 24, 2006 August 30, 2006 September 14, 2006 Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. E. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 00400 -Bid Form.doc 00400 — 2 U I I I I I I I J li LI H I I I P I DOCUMENT 00400 -BID FORM (continued) Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. G. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. t00400 -Bid Form.doc 00400- 3 I I 1 1 I 1 I I I I U I 1 1 I I DOCUMENT 00400 -BID FORM (continued) ARTICLE 4- BID PRICE 4.01 Bidder will complete the Work in accordance with the Contract Documents for the following lump sum prices: A. Controlled Bum: After killing frost, but no later than December 1, 2006. Lump Sum: Completion of a controlled bum of the wetland site, including wetland cells and upland prairie berms. Twenty -Three Thousand Eight Hundred and no/100----- -_ 23 ' 800.00 Dollars ($ ). B. Seeding: No later than December 15, 2006. 2. Lump Sum: Completion of no -till, broadcast seeding of approximately 31 acres of wetland cells and upland berms with specified seed mix, as approved by Wetland Scientist. Hydro - mulching of existing berms will be allowed. One Hundred Twenty -One Thousand Four Hundred and no/100-----------------------Dollars ($121,400.00 Total—Itemsland2: One Hundred Forty -Five Thousand Two Hundred and no/100--------------------------Dollars($ 145,200.00 00400 -Bid Form Addm 3.doc 00400— 4 I I DOCUMENT 00400 -BID FORM (continued) ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed within One Hundred Fifty (150) calendar days and completed and ready for final payment within One Hundred Eighty (180) calendar days after the date of the Notice to Proceed. 1 5.02 I I I I I I Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of 5% of Amount Bid Dollars ($ B. Document 00430 — List of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, Texas 76180 ' Phone No. 817-577-9299 817-577-9331 FAX No. ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. 1 SUBMITTED on September 21 2006 C 1 00400 -Bid Formdoc 00400- 5 I 1 I I I 1 I I I I DOCUMENT 00400 -BID FORM (continued) If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: C. Green Scaping, L.P. (SEAL) By: /s/ Curtis J. Green (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Curtis J. Green Business address: 8917 Cardinal Lane North Richland Hills, TX 76180 Phone No.: 817-577-9299 FAX No.: 817-577-9331 00400 -Bid Form.doc UItIIQIaj I DOCUMENT 00400 -BID FORM (continued) IA Corporation Corporation Name: (SEAL) ' State of Incorporation: Type (General Business, Professional, Service, Limited Liability): • By: (Signature — attach evidence of authority to sign) ' Name (type or printed): Title: (CORPORATE SEAL) ' Attest: (Signature of Corporate Secretary) ' Business address: Phone No.: FAX No.: END OF DOCUMENT 00400 I 00400 -Bid Form.doc 00400— 7 I I DOCUMENT 00410- BID BOND KNOW ALL MEN BY THESE PRESENTS: that we C. Green Scaping, L.P. 8917 Cardinal Lane North Richland Hills, TX 76180 ' as Principal, hereinafter called the Principal, and U. S. Specialty Insurance Company ' 13403 Northwest Freeway Houston, TX 77040 a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas ' 113 West Mountain Street ' Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner,, in the sum of Five Percent of the Greatest Amount ne Bid ------------^------------- Dollars S 5% GAB ---- � 1, for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has submitted a Bid for Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding for the City of Fayetteville, Arkansas. ' NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the teens of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of Principal to enter such ' Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 1 ' 00410 -Bid Bond doc 00410-I C H I I I I I I I I I I El H DOCUMENT 00410 — BID BOND (continued) which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day of August 20 06 i• • t t. . SURETY U. S. Specialty Insurance Company - By Cam Fletcher, Attorney -in -Fact ATTORNEY -IN -FACT 9737 Great Hills Trail, Suite 320 Austin, TX 78759 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 (CORPORATE SEAL) (CORPORATE SEAL) . I an a•n POA#: 90 t l/oho POWER OF ATTORNEY (To be used with bonds issued on behalf of U.S. SPECIALTY INSURANCE COMPANY) w All Men by These Presents, That U.S. SPECIALTY INSURANCE COMPANY (the •'Company"), a corporation duly organized existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents e, constitute and appoint John Knox, Jr., B.J. King, M. Brent Beaty, Don Weidenfeller, Christina Breining, Robert D. Cave, Steven D. Nelson, Paul B. Robinson, Lindey Jennings, Michael P. Whisenant, Cam Fletcher, Martha M. Elliott its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed Five Million Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed tth the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in - Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the U.S. Specialty Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company. to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (4dopred by unanimous written consent in lieu of meeting on May 30, 2003.) Witness J3'hereof,, U.S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Executive Vice !sident, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2005. Seal State of Texas ss: County cf Harris U,S INS CE COMPANY By Edward H. Ellis, Jr., Executive Vice President n this 28th day of October. A.D. 2005 before me personally came Edward H. Ellis. Jr.. to me known, who, being by me duly sworn, did depose and say. that he resides in Houston. Texas, that he is the Executive Vice President of U.S. SPECIALTY INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal: that it vas so affixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. 1otary Seal L1_ ''. Notary Public avc NOTANY FUBLiC S?a-e of Texas,E: 'Comm. Fxp. 01-2t-2006 My commission expires o �'!l r �/ I, Christopher L. Martin, Secretary of U.S. SPECIAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct opy of a Power of Attorney, executed by said Company, which is still in full force and effect: furthermo , e resolutions of the Board of Directors. set out in the Power of Attorney are in full force and effect. Witness Whereof, I have hereunto set my hand and affixed the seal of said C y t ou Texas this 31 day of 20a_, A.D. Iorporate Seal Christo L. Mar ,Secretary fly Instrument Issued in excess of the penalty stated above is totally void and without any validity. or verification of the authority of this power you may call (713) 812-0800 any business day. U.S. Specialty Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION I Statutory Complaint Notice To obtain information or make a complaint: 'You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: I You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at U.S. Specialty Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 I PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should Icontact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 I Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. --------------------------------- ---------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergies, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. I Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, ' whichever is the first to occur. [l I I ' Triple Rider_USSIC_ with warranty limitation rev. 1.1.06 DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Contract No. WP -2b, Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding, and other items of work throughout the site. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Contract Value and Address (or Percentage) N/A NOTE: This form must be submitted in accordance with the Instructions to Bidders. /s/ Curtis J. Green Bidder's Signature END OF DOCUMENT 00430 00430 List of Subcontractors Addm 3.doc 00430- 1 DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR ' Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding Contract No.: WP -2b ' Bid No.: 06-50 Project No.: 02133-0314 Date: August 3, 2006 ' THIS AGREEMENT is dated as of the day of CC JDL?eA. in the year 20 Obby the City of Fayetteville, Arkansas and between (hereinafter called Owner) and C. Green Scaping, L.P. of North Richland Hills, Texas (hereinafter called Contractor). ' ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Project Name: Wastewater System Improvement Project (WSIP) ' Contract Name: Phase I - Wetland Mitigation Site Seedbed Preparation and Seeding. ' 1.02 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The Contract provides for the implementation of WETLAND COMPENSATORY MITIGATION requirements of the individual Section 404 Permit File No. 14207, ' issued by the U. S. Army Corps of Engineers to the City of Fayetteville, Arkansas. The Contractor shall be responsible for implementing all applicable requirements of the Section 404 Permit associated with the construction activities that the successful Bidder will be contracted to perform. The wetland berms and water control structures are currently being constructed under a separate contract. Contract tasks shall include seedbed preparation and seeding at an approximately 31 -acre site owned by the City of Fayetteville. More specifically, this project includes a controlled bum of the site and seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. I I00500-Agreement.doc 00500 - I I I I I I I I I I I I I I Li II I DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 2- ENGINEER 2.01 The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2.02 All work and materials shall be subject to direction and approval by the Wetland Scientist. For this work, the City of Fayetteville has contracted a Wetland Scientist to augment the staff of the Engineer and to evaluate the controlled burning, and seeding operations, including the evaluation and acceptance of the material and work performed by Contractor. This individual shall serve as the City of Fayetteville's project representative as it relates to this specification. This individual shall have the authority of the Engineer in performing wetland science -related services. The work of the Wetland Scientist is subject to approval by the Engineer and the City of Fayetteville. The Wetland Scientist is identified as Environmental Consulting Operations, Inc. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within One Hundred Fifty (150) calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within One Hundred Eighty (180) calendar days after the date when the Contract Times commence to run. 00500-Agreement.doc 00500 — 2 I DOCUMENT 00500 — AGREEMENT (continued) 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this ' Agreement and that Owner will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof ' allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual ' loss suffered by Owner if the Work is not Substantially 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 Two Hundred Fifty ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. ARTICLE 4- CONTRACT PRICE ' 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. LUMP SUM CONTRACT PRICE: For all Work (other than Unit Price Work) a Lump Sum of: One Hundred Forty -Five Thousand Two Hundred and no/100------------ Dollars($ 145,200.00 ) ' ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Owner and Engineer as provided in the GENERAL CONDITIONS. I ' 00500-Agreement.doc 00500-3 I tDOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. Owner shall make progress payments on account of the Contract Price on the ' basis of Contractor's Applications for Payment as recommended by Engineer, within approximately 30 days of receipt of the Application for Payment, ' during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. ' a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer and Wetland Scientist, and if the character and progress of the Work ' have been satisfactory to Owner and Engineer, Owner on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain ' satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the ' aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by ' documentation satisfactory to Owner as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price 00500-Agreement.doc 00500-4 I. DOCUMENT 00500 — AGREEMENT (continued) (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. ' 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, Owner shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to ' the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. ' C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor acknowledges that Owner, Engineer, and Wetland Scientist do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions ' 00500-Agreement.doc 00500— 5 I. DOCUMENT 00500 — AGREEMENT (continued) ' (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at and contiguous to the Site that relates to the Work as indicated in the Contract Documents. ' H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract ' Documents and the written resolution thereof by Engineer is acceptable to Contractor. ' I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ' ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning the Work consist of the following and may ' only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 00500-Agreement.doc 00500- 6 I DOCUMENT 00500 — AGREEMENT (continued) 2. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. ' b. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Labor -Related Regulations. 7. Specifications consisting of divisions and sections as listed in table ' of contents of Project Manual. 8. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general 'title: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding 9. Addenda numbers 1 to 3 , inclusive. 10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS and Notice to Proceed. ARTICLE 8- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. I I ' 00500-Agreement.doc 00500-7 DOCUMENT 00500 — AGREEMENT (continued) I II I I C I I I I I I I I 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. Owner and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. I00500-Agreement.doc 00500 - 8 I I I I I Li I I I DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Lot!) u'2- I 7 , 20 (. , which is the Effective Date of the Agreement. CONTRACTOR C. GREEN SCAPING, L.P. By Title:,ftyJ' (SEAL) OWNER CITY OF FAYETTEVILLE, ARKANSA By: a Ii Mayor Title: (SEAL) Attest %Qr / _i'i/jn/nm/I1,L. Attest CVKYiA1 vim Address for giving notices Address for giving notices 8917 Cardinal Lane 113 W. Mountain Street North Richland Hills, Texas 76180 ILicense No Agent for Service of process 1 1 (If Contractor is a corporation, attach evidence of authority to sign.) 1 END OF DOCUMENT 00500 I Fayetteville, Arkansas 72701 (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) • ;FAYETTEVILLE0 TON Approved As to Formyr By: •v ,,�� Attorney For: C� 6 f'�1 , d 4,c v& ILL 1 00500-Agreement.doc 00500 - 9 I 1 1 1 I 1 1 i i 1 1 1 1 1 DOCUMENT 00550 - NOTICE TO PROCEED TO: (Contractor) Project Name: Wastewater System Improvement Project Contract Name: Phase I — Wetland Mitigation Site Seedbed Prepar and Seeding Contract No: WP -2b Owner: City of Fayetteville, Ark s I. You are notified that the Contract ove Contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement Between Owner and Contractor, the date(s) of Substantial Completion and final completion ready for final payment are 20 and 20_, respectively. Before you may start any work at the Site, the General Conditions provide that you and Owner must each deliver to the other, (with copies to Engineer and other identified additional insureds) certificates of insurance, which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the Site, you must submit the following: 1. Preliminary construction progress schedule. 2. Preliminary schedule of Submittals. 3. Preliminary schedule of values. 4. Satisfactory evidence of insurance in accordance with the requirements of the General Conditions. You are required to return an acknowledgement copy of this Notice to Proceed to the Owner. IDated this day of I I I 20_ 1 00550 -Notice To Proceed.doc DOCUMENT 00550 - NOTICE TO PROCEED: (continued) By — Title ACCEPTANCE OF NOTICE TO PROCEED CONTRACTOR Copy to Engineer (Use Certified Mail, Return Receipt Requested) END OF DOCUMENT 00550 uate , Lu U I I 1 I 1 00550 -Notice To Proceed.doc 00550-2 ,•� Bond# 4356432 IDOCUMENT 00600 - PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS: That we (1) C. Green Scaping, L.P. ' a (2) limited partnership hereinafter called "Principal" and (3) SURETEC INSURANCE COMPANY ' of AUSTIN , State of TEXAS , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas hereinafter called the "Owner," in the penal sum of One Hundred Forty -Five Thousand Two Hundred and no/100------------------------ dollars ($ 145,200.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the 11 — day of L_Ct� 1 a copy of which is hereto attached and made a part hereof for the construction of: Wastewater System Improvement Project: PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING, City of Fayetteville, AR Contract #WP -2b; Plans No. Fy-316W LR. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I 00600 - Performance Bond & Payment Bond 00600-1 It IDOCUMENT 00600 — PERFORMANCE BOND ' This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. ' IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each ' one of which shall be deemed as original, this the �t k day of E f7, I12 IAttest: ' (Principal) Secretary (Seal) ' .�Qr/ oLIL//Ilnm/iA / Witness s to Pri ipal 841I Cartt,nal Lye) ' NIZH , TX 1L 1R() Address Attest: (Surety) Secretary C. Green Scaping, L.P. Principal By Curtis J. Green, Partner 8917 Cardinal Lane North Richland Hills, Texas 76180 Address (S I) Attorney -in -Fact 9737 GREAT HILLS TRAIL SUITE 320 ' Witness as to urety Address AUSTIN, TX 78759 ' SWTNr; i.R COLLINS & ASSOC_ Address 13760 NOEL RD SUITE 600, DALLAS, TX 75240 1 NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. ' (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county 'where the work is to be performed prior to the start of construction. I 00600— Performance Bond & Payment Bond 00600-2 ' BOND# 4356432 IDOCUMENT 00600 - PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS: Thatwe (1) C. Green Scaping, L.P. a (2) limited partnership hereinafter ' called "Principal" and (3) SURETEC INSURANCE COMPANY of AUSTIN , State of TEXAS , hereinafter called ' the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas ' hereinafter called the "Owner," in the penal sum of One Hundred Forty -Five Thousand Two Hundred and no/100----------------------- ' dollars ($ 145,200.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, ' administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the Li day of L N LQ i . , 1", a copy of which is hereto attached and made a part hereof for the construction of: ' Wastewater System Improvement Project: PHASE I - WETLAND MITIGATION SITE SEEDBED PREPARATION AND SEEDING, City of Fayetteville, AR Contract #WP -2b; Plans No. Fy-316WLR. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all ' labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal ' of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. ' PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the ' contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 00600 - Performance Bond & Payment Bond 00600-3 DOCUMENT 00600 — PAYMENT BOND PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of C(t (14,Lt >_ , Attest: (Principal) Secretary (Seal) Witness s to Printipal $aI"1 Cardrnom.! lx? •N2N 1( 1tl$U • Address Attest: ' (Surety) Secretary ' (Se Attomey-in-Fact C�1t - 9737 GREAT HILLS TRAIL SUITE 130 '• Witness as to Surety Address AUSTIN, TX 78759 SWINGLE, COLLINS & ASSOC. 13760 NOEL RD SUITE 600. DALLAS, TX 75240 Address C. Green Scaping, L.P. Principal B_e ur is J. Green, partner 8917 Cardinal Lane North Richland Hills, Texas 76180 Address ' NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. i (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 00600 — Performance Bond & Payment Bond I POA a: 4221060 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents ' make, constitute and appoint Frank Swingle, Warren Gravely, Jr., Ed Veale, Chris W. Peterie of Dallas, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to ' execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Three Million and no/100 Dollars ($3,000,00.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until August 31.2008 and is made under and by authority of the following ' resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: ' Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. ' Be it Resolved, that the signature of any authorized officer and seat of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20A of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. \d`'/dRANCFp TEC INS CE COMPANY Fes/ 9 �l�i By: v Bill King, r nt W W 1 State of Texas ss: ; 6 tt County of Harris s ��•.,,....' On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. IY Mfr Cflittdt110n Bflsi Michelle Denny, Notary Pub is Mgud 27, 2008 My commission expires August 27, 2008 '1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ______ day of ( , 20 G A.D.%, M. Brent Beaty, Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. I I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. LJ I Li I I I I Li I I I L I I I LI :►11:;1, GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee Issued and Published Jointly By \Ma • Q lit. A WIW PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General er Contractors of America These General Conditions have been prepared for use with the Owner -Contractor, Agreements (No. 1910 -8 -A -I or 1910.8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. CI EJCDC No. 19108 (1990 Edition) Reprinted 5x91 C I LI I [I ..I I I I rj I 1 ® 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 I American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 I I I. I I I l; I I I I I I. I TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Number & Title Number 1. DEFINITIONS ................................... 13 1.1 Addenda ............................. 13 1.2 Agreement ........................... 1.3 Application for Payment .............. 1.4 Asbestos ............................. 1.5 Bid ................................... 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ 1.8 Bonds .......................:........ 1.9 Change Order ........................ 1.10 Contract Documents .................. 1.11 Contract Price ........................ 1.12 Contract Times ....................... 1.13 CONTRACTOR ...................... 1.14 defective .. _.......................... 1.15 Drawings ............................. 1.16 Effective Date of the Agreement ...... 1.17 ENGINEER .......................... 1.18 ENGINEER's Consultant ............. 1.19 Field Order ....................... .T..... 1.20 General Requirements ................ 1.21 Hazardous Waste ..................... 1.22 Laws and Regulations; Laws or Regulations ........................ 1.23 Liens ................................. 1.24 Milestone ............................. 1.25 Notice of Award ...................... 1.26 Notice to Proceed .................... 1.27 OWNER ............................. 1.28 Partial Utilization ..................... 1.29 PCBs ................................. 1.30 Petroleum ...................0........ 1.31 Project ......................0........ 1.32 Radioactive Material .................. 1.33 Resident Project Representative ....... 1.34 Samples .............................. 1.35 Shop Drawings ....................... 1.36 Specifications ......................... 1.37 Subcontractor ........................ 1.38 Substantial Completion ............... 1.39 Supplementary Conditions ........... 1.40 Supplier .............................. 1.41 Underground Facilities ................ 1.42 Unit Price Work ..................... 1.43 Work ................................. 1.44 Work Change Directive ............... 1.45 Written Amendment ................. 2. PRELIMINARY MATTERS ...................... 2.1 Delivery of Bonds .................... 2.2 Copies of Documents ................. 2.3 Commencement of Contract Times; Notice to Proceed .................. 2.4 Starting the Work ..................... 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 Article or Paragraph Page Number & Title Number 2.5-2.7 Before Starting Construction; CONTRACfOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 15 2.8 Preconstruction Conference ........... 15 2.9 Initially Acceptable Schedules ......... 16 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 16 3.1-3.2 Intent................................16 3.3 Reference to Standards and Specifications of Technical Societies; - Reporting and Resolving Discrepancies ...................... 16 - - 3.4 _ -. Intent of Certain Terms or Adjectives .. 17 3.5 Amending Contract Documents ....... 17 3.6 Supplementing Contract Documents ... 17 3.7 Reuse of Documents .................. 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. 4.1 Availability of Lands .................. 4.2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review ................ 4.2.5 Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions —Underground Facilities ........................... 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 5. BONDS AND INSURANCE ..................... 5.1-5.2 Performance, Payment and Other Bonds. 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 5.4 CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability Insurance ........ 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance ................. 5.8 Notice of Cancellation Provisions ..... 5.9 CONTRACTOR's Responsibility for Deductible Amounts ............... 5.10 Other Special Insurance ............... 5.11 Waiver of Rights ...................... 17 17 17 17 20 20 21 21 21 21 22 22 22 LI Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders ....................... 29 Proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate ' Option to Replace ................. 22 CONTRACTOR's Services ......... 29 5.15 Partial Utilization —Property 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ..................... 30 ' 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30 6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30 6.3-6.5 Labor, Materials and Equipment ...... 23 9. ENGINEER'S STATUS DURING " A' 6.6 Progress Schedule .................... 23 CONSTRUCTION 6.7 Substitutes and "'Or -Equal" Items; ..... 30 CONTRACIUR's Expense; 9.1 OWNER's Representative ............ 30 Substitute Construction 9.2 Visits to Site ..........................30 ' 9.3 Project Representative ................ 30 Methods or Procedures; 9.4 Clarifications and Interpretations ...... 30 ENGINEER's Evaluation .......... 23 9.5 Authorized Variations in Work ........ 30 6.816.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 9.7-9.9 9.6 Rejecting Shop Defective DrawinegsWork .............30 ' 6.12 Patent Fees and Royalties ............. 25 , Change Orders and Payments .......................... 31 6.13 Permits ............................... 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Regulations ................ 25 9.11-9.12 Decisions on Disputes; ENGINEER as 6.15 Taxes ................................ 25 Initial Interpreter ................... 31 6.16 Use of Premises ......;;n....;. - ..... a...,.;....: 26 r 6.17 Site Cleanliness ....................... 26 9.l3 Limitations on ENGINEER's 6.18 Safe Stnrctural Loadi Authority and Responsibilities ...... 31 ' 6.19 Record Documents .... 4 .............. 26 10. CHANGES IN THE WORK ..................... 32 6.20 Safety and Protection .......4......... 26 ................. 26 10.1 2 OWNER Ordused Change ............ 32 6.21 SafetyRepresentative 6.22 Hazard Communication Programs ..... 27 10.2 ClWorm for Adjustment ................. 32 ......................... 27 . 10.3 Work Not Required by Contract 6.23 Emergencies 6.24 Shop Drawings and Samples .......... 27 Documents ......................... . 32 10.4 Change Orders 6.25 Submittal Procedures; CONTRACTOICs Review Prior to 10.5 Notification of Surety ................32 Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE .............. 32 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment; Review by ENGINEER ............ 27 Value of the Work .................. 32 6.27 Responsibility for Variation From 11.4 Cost.of the Work ..................... 33 Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................ 34 ENGINEER's Review and Approval 11.7 Cost Records ......................... 34 of Required Submittals ............. 27 11.8 Cash Allowances ..................... 35 ' 6.29 Continuing the Work .................. 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACTOR's General ' Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES .............. 35 6.31-6.33 Indemnification 28 12.1 Claim for Adjustment ................. 35 gations ................ 28 6.34 Survival of Obli 12.2 Time of the Essence ............ 4 ..... 35 12.3 Delays Beyond CONTRACTOR'S 7. OTHER WORK..................................29 Control ............................ 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRAC.'TUR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ................. 29 ' 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION, 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK .......................................... 36 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 Cooperation ........................ 36 I TI I I I Article or Paragraph Page Number & Title Number 13.4 OWNER's Responsibilities; Independent Testing Laboratory .... 13.5 CONTRACTOR's Responsibilities ..... 13.6-13.7 CoveringWork Prior to Inspection, Testing or Approval ................ 13.8-13.9 Uncovering Work at ENGINEER's Request............................ 13.10 OWNER May Stop the Work ......... 13.11 Correction or Removal of Defective Work................1.............. 13.12 Correction Period 13.13 ..................... Acceptance of Defective Work ........ 13.14 OWNER May Correct Defective Work............................... 14. PAYMENTS TO CONTRACTOR AND I- COMPLETION ................................. -14.1- Schedule of Values .................... 14.2 Application for Progress Payment ..... 14.3 CONTRACTOR's Warranty of Title ... ' 4.7 Review of Applications Progress Pa ments for 14.8-14.9 Substantial Completion ............... ' 14.10 Partial Utilization . 14.11 Final Inspection ...................... I I i I I I I Li 36 36 36 36 36 37 37 37 37 37 38 38 EXHIBIT GC -A (Optional): 38 Dispute, Resolution Agreement (Optional) .....GC -AI 39 16.1-16.6 Arbitration .................... GC -Al 39 16.7 Mediation ..................... GC -A2 39 Article or Paragraph Page Number & Title Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 40 15. SUSPENSION OF WORK AND TERMINATION ................................ 40 15.1 OWNER May Suspend Work ......... 40 15.2-15.4 OWNER May Terminate .............. 40 15.5 CONTRACTOR May Stop Work or Temunate .......................... 41 16. DISPUTE RESOLUTION ....................... 41 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 17.3 Notice of Claim ....................... 42 17.4 Cumulative Remedies ................. 42 17.5 - Professional Fees and Court Costs ----- - Included ........................... 42 H INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Bonds and Insurance ................................5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment.................................9.12, 14.15 insurance...........................................5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work .................................... 7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9. 13.3 ENGINEER................................6.20, 9.13.3 OWNER ....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, I1, 12, 14.8, 15.1 progress schedule....................................6.6 Agreement — definition of ....................................... .. 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash.....................................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 reviewof......................................14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work 4.5.2 definition of ..........................................1.4 ........... OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ................ 1.25 Before Starting Construction ........................2.5-2.8 .. Bid -definition of......................................1.5 (1.1. 1.10,2.3,3.3,4.2.6.4,6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) ' Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of.......................................5.14 additional bonds ........................... 10.5, 11.4.5.9 Cost of the Work..................................11.5.4 definition of ........................................... 1.8 delivery of......................................2.1, 5.1 ' final application for payment .................11.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other .................5.1-5.2 Bonds and Insurance —in general ......................... 5 , Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ...................................... 11.8 , Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ' ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances ................................... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, ' 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACDOR's fee ............................... 11.6 ' Cost of the Work general ...................................... 11.4-11.7 Exclusions to.......................................11.5 Cost Records.......................................11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 , Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work......................................11.3 ' Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13. .. 12.2 ' 15.5 Contractual time limits .......... .. ............. Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders — Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances...................................11.8 Change of Contract Price .............................Ii Change of Contract Times ............................ 12 Changes in the Work .................................. 10 CONTRACTOR's fee ............................... 1 I.6 - - Cost of the Work ...............................11.4-11.7 I I1 I I I I I I I I J Article or Paragraph Number Cost Records ....................................... I1.7 definition of .......................................... 1.9 emergencies........................................6.23 ENGINEER's responsibility ......... 9.8, 10.4,11.2,12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions — Subsurface and, ..................................... 4.2 Underground Facilities ........................... 4.3.2 Record Documents.................................6.19 Scope of Change ............................... 10.3-10.4 Substitutes...................................6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work....................................10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment ...............................10.2 Scope of change ............................... 10.3-10.4 Claims — against CONTRACTOR ............. 6:16 against ENGINEER................................6.32 against OWNER....................................6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2,11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. 11.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 1I.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing..............0................. 11.3.2 Notice of...........................................17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.13, 13.14, 17.3 OWNER's liability .......... .•....13'9, ...... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension.....................................12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work..................................11.9.3 Value of............................................11.3 Waiver of —on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site............................................6.17 Codes of Technical Society, Organization or Association......................................3.3.3 Commencement of Contract Times ..................... 2.3 Communications — Article or Paragraph Number general .................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion — Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion .................. 1.38, 14.8-14.9 Waiver of Claims ......................... .. 14.15 Computation of Times ......................... 17.2.1-17.2.2 Concerning Subcontractors, -. Suppliers and Others ............................ 6.8-6.11 Conferences — initially acceptable schedules ......................... 2.9 preconstruction...................................... 2.8 Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc ................6.4 ............... 6.4 Continuing the Work ............................. 6.29, 10.4 Contract Documents— Amending...........................................3.5 Bonds...............................................5.1 Allowances ................................... 11.8 Change of Contract Price ............................. 11 Change of Contract Times ............................ 12 Changes in the Work ........................... 10.4-10.5 check and verify.....................................2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................._9.11 ENGINEER as OWNER's representative ............ 9.1 general.................................................3 Insurance............................................5.3 Intent............................................3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence .................................... 3.1, 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work........................................7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof.............................................3.7 Supplementing.......................................3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... 11.9 variations .................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price — adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof............................................II Decision on Disputes ............................... 9.11 definition of........................................1.11 Contract Times — adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of......................................12.1-12.4 I Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ 1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ................................ 6.29, 10.4 coordination and scheduling .........................69.2 definition of ........................................ 1.13 May Stop. Work or Terminate ....................... 15.5 provide site access to others .......7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18,6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ...................... a .... 4.5.2 CONTRACTOR's— . Compensation .................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work ...............9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work...................................11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ........ .... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ..................6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Inability Insurance ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by ..........6i3 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.3() C0NTRACTOR's review priorto Shop Drawingor Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general.................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification 6.31.6.33 .............................. Labor, Materials and Equipment ................6.3-6.5 Laws and Regulations .....................4...... 6.14 Liability Insurance ................................. 5.4 Notice of variation from Contract Documents ..... 6.27 Patent Fees and Royalties ......................... 6.12 Permits .....................................:..... 6.13 Progress Schedule ................................. 6.6 Record Documents 6.19 ............................... related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ...........4 ................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER .......... . ..................... 6.26 Site.Cleauluress,..................................... 6.17 Submittal Procedures 6.25 ............................. Substitute Construction Methods and Procedures..............................4..... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence...................................6.2 Supervision........................................6.1 Survival of Obligations ............................ 6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 ToReport .........................................2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20.6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures 6.7 ..... Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliersand Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .................................. 6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title...................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions.............................................4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS -other ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I L I I I I u LI I I Li 1 I I I I I I I I I I I. I I n I I L I I Article or Paragraph Number CONTRA TOR's responsibility ........ 6 ........... 6.9.2 Copies of Documents..................................2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections ............................. 13.4 Records............................................11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts...................................11.4.2 CONTRAC-'TOR's Fee ...... 6 ....................... 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to.......................................11.5 General ........................................ 11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ................................ 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses.................................11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ I1.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental.....................................11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and inspection................................13.4 Trade Discounts..................................11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regularhours .......................... 11.4.1 Covering Work...................................13.6-13.7 Cumulative Remedies ............................17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day —definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 defective —definition of...............................:1.14 defective Work — Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general.................................13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ...........................13.3 Rejecting............................................9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... I Delays.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds......................................2.1 Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of..........................................4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement ..................................... 16.1-16.6 Arbitration..................................V.. 16.1-16.5 general............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents — Copiesof............................................2.2 Record.............................................6.19 Reuseof.............................................3.7 Drawings —definition of ............................... 1.15 Easements.............................................4.1 Effective date of Agreement —definition of ............. 1.16 Emergencies..... ...................................... 6.23 ENGINEER — as initial interpreter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities.................................9.13 Replacement of......................................8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant —definition of ................ 1.18 ENGINEER's— authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7, 10, 11, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes ..........................9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability.......................................6.32, 9.12 Notice Work is Acceptable ......................... 14.13 Observations.................................6.34)2, 9.2 OWNER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities — Limitations on ...............................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility.....................................6.26 Status During Construction — authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ..............9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................ .. 9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments.................................... 9.7-9.9 Visits to Site......................................9.2 Unit Price Determinations ........................... 9.10 Visits to Site ................................... .. 9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ...................6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of FinancialArrangements ................... 8.11 Explorations of physicalconditions ............ .. 4.2.1 Fee, CONTRACTOR's—Costs-Plus ................... 11.6 Field Order — definition of ........................................ 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment .........................14.12 Final Inspection ...................................... 14.11 Final Payment — and Acceptance ..............................14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ............................... 17.3-17.4 General Requirements— defintion of ......................................... 1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work —by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ...................... . . 6.12, 6.16, 631-6.33 Initially Acceptable Schedules 2.9 Inspection — Certificates of ......................... 9.13.4, 13.5, 14.12 Final..............................................14.11 Special, required by ENGINEER ....................9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance— Acceptanceof, by OWNER ......................... 5.14 Additional, required by changes in the Work.................................11.4.5.9 Before starting the Work ............................. 2.7 Bonds and —in general.................................5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............ 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACfOR's responsibility....................................5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes..................................5.8, 10.50 Option to Replace .................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds .............. 5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property........................................5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ...................................5.10 Waiver of Rights....................................5.11 Intent of Contract Documents .......................3.1-3.4 interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment ....................6.3-6.5 Lands — and Easements......................................8.4 Availability of...................................4.1, 8.4 Reports & Tests.....................................8.4 Laws and Regulations —Laws or Regulations— Bonds...........................................5.1-5.2 Changes in the Work................................10.4 Contract Documents ................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes .........................11.4.5.4 definition of........................................1.22 general.............................................6.14 Indemnification ................................ 6.31-6.33 Insurance............................................5.3 Precedence....................................3.1, 3.3.3 Reference to .......................................3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises .................................... 6.16 Visits to Site.........................................9.2 Liability Insurance— CONTRACTOR's.................................... 5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens — Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of........................................1.23 Waiver of Claims ................... ............... 14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ...................... 14.12 Manuals (of others)— Precedence.......................................3.3.3.1 I H I I I I L I I I I LII I I I I I I I I I I LI I I I Article or Paragraph Number Reference to in Contract Documents 3.3.1 ................ Materials and equipment — furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment —equivalent ..................... 6.7 Mediation (Optional) .................................. 16.7 Milestones —definition of .............................. 1.24 Miscellaneous — Computation of Times .............................. I7.2 Cumulative Remedies ............................... 17.4 Giving Notice ....................................... 17.1 Notice of Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts .................................... 7 Not Shown or Indicated .............................. 4.3.2 Notice of — Acceptability of Project ............................ 14.13 Award, definition of ................................. 1.25 Claim...............................................17.3 Defects . ............................................ 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Giving..............................................17.1 Tests and Inspections ..............`:.......:......:.'13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed — definition of ........................................ I.26 givingof.............................................2.3 Notification to Surety.................................10.5 Observations, by ENGINEER .................... 6.30, 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Replace .....................................5.14 „Or Equal" Items......................................6.7 Otherwork..............................................7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance of defective Work ...................... 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary....................................5.12-5.13 Availability of lands, responsibility ................... 4.1 definition of ........................................ I.27 data, furnish ......................................... 8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 May Stop the Work................................13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.10 OWNER's— Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute....................................8.6, 10.4 Communications.....................................8.! Coordination of the Work ............................ 7.4 Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance...................................5.5 Notice of Defects ................................... 13.1 Representative —During Construction, ENGINEER's Status ............................ 9.1 Responsibilities — Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders....................................8.6 Changes in the Work .............................. 10.1 communications...................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals .................... 8.7 Insurance.........................................8.5 lands and easements ............................... 8.4 prompt payment by................................8.3 replacement of ENGINEER ....................... 8.2 reports and tests...................................8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services .......... 8.8, 15.2 separate representative at site ........................ 9.3 independentlestibg................................. 13.4 use or occupancy of the Work....................................5.15, 14.10 written consent or approval required ............................... 9.1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs — definition of .........................................1.29 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization — definition of ........................................ 1.28 general...................................6.30.2.4, 14.10 Property Insurance.................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds.....................................5.1-5.2 Payments, Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title .................143 Final Application for Payment ...................... 14.12 Final Inspection...................................14.11 Final Payment and Acceptance ............... 14.13-14.14 general ........................................... 8.3, 14 Partial Utilization .................................. 14.10 Retainage...........................................14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 prompt payment.....................................8.3 Schedule of Values .................................. 14.1 Substantial Completion .........................14.8-14.9 Waiver of Claims..................................14.15 when payments due .......................... 14.4, 14.13 withholding payment................................14.7 Performance Bonds ................................. 5.1-5.2 Permits...........................4...........4....... 6.13 El Article or Paragraph Number Petroleum — definition of ........................................ 1.30 general..............................................45 ONER's responsibili Wty for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review ..............................4.24 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and ...................................... 4.2 . Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or .................. 4.2.3 ...................4.2.3 Subsurface and ...................................... 4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ................ P.... 4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated . 4.3.2 Protection of ..............................._3' 6.20 Shown or Indicated ............................ 4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ......................................2 Preliminary Schedules..................................2.6 Premises, Use of ............................. ... 6.16.6.18 Price, Change of Contract ............................... 11 Price, Contract -definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTDR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of .................................. 1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident —definition of......................................1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional...........................................5.7 general .......................................... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds..................................5.12-5.13 Protection, Safety and ....................... 6.20.6.21, 13.2 Punch list............................................14.11 Radioactive Material— definition...........................................1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications of Technical Societies................................3.3 Article or Paragraph , Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work — at Site ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work .................................... 13.11 , rental agreements, OWNER approval required......................................11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 ' Reports — and Drawings......................................4.2.1 and Tests, OWNER's responsibility .................. 8.4 , Resident Project Representative — definition of........................................1.33 provision for.........................................9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 ' Responsibilities— CONTRACTQR's;in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on .................................... 9.13 OWNER's-in general .................. .. 8 . ............ Retainage............................................. 14.2 Reuse of Documents ................................... 3.7 Review by CONTRACTOR: Shop Drawings I. and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments ...................................... 14.414.7 Right to an adjustment................................10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety — and Protection .......4.3.2,6.16,6,18,6.20-621,7.2, 13.2 general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 ' Samples — definition of........................................1.34 general........................................6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work........................................6.28 submittal of.......................................6.24.2 , submittal procedures................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 ' Schedule of Values ........................ 2.6, 2.8.2.9, 14.1 Schedules — Adherence to.....................................15.2.1 Adjusting............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ...............................28-2.9 Preliminary.....................4.................... 2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 ' I P1 C I I J H I I I I I C I Article or Paragraph Number Shop Drawings — and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ...............................9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work ........................................ 6.28 review procedures ......................... 2.8, 6.24-66.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated...................................4.3.1 Site Access.......................................7.2, 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER................................9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of........................................1.36 of Technical Societies, reference to ................. 3.3.1 precedence ........................................ 3.3.3 Standards and Specifications of Technical Societies..........................................3.3 Starting Construction, Before .......................2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work — by CONTRACTOR ................................. I5.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor— Concertting...................................... 6.86.11 definition of........................................1.37 delays..............................................12.3 waiver of rights ..................................... 6.11 Subcontractors —in general ........................ 6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................6.25 Progress Schedules .............................. 2.6, 2.9 Samples ....................................... 6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings.................................6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 ..Or-Equal"........................................6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items..................................6.7.1.2 Subsurface and Physical Conditions— Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general..............................................4.2 Limited Reliance by CONTRACTOR Authorized....................................4.2.2 Notice of Differing Subsurface or Physical Conditions................................4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ............:... 4.2.6 Reports and Drawings................................4.2.1 Subsurface and......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data.....................................4.2.2 Supervision— CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs ; .L ............................... 11.4.5 Supplementary Conditions — definition of ........................................ 1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.6-5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of ........................................ 1.40 principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of...................................5.1-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— .................. 15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate .......................15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................IS Terms and Adjectives..................................3.4 Tests and Inspections — I I Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof..............................................13.4 covering Work prior to .........................13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request....................................13.8-13.9 Tmtes— Adjusting............................................6.6 Change of Contract...................................12 Adjusting............................................6.6 Computation of.....................................17.2 Contract Times -definition of ....................... 1.12 day ...................::...::.................17.72 Milestones...........................................12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules.................................2.6, 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work................................13.8-13.9 Underground Facilities, Physical Conditions — definition of........................................1.41 Not Shown or Indicated ............................ 4.3.2 protection of...................................4.3, 6.20 Shown or Indicated ................................4.3.1 Unit Price Work— claims............................................11.9.3 definition of ........................................ 1.42 general..................................11.9, 14.1, 14.5 Unit Prices — general ........................................... 11.3.1 Determination for ................................... 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ..................................... 11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized ................................ 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR .................................... 6.30 Warrantyof Title, CONTRACTOR's ................... 14.3 Work — Accessto...........................................13.2 ............................................. by others ..............................................7 7 Changes in the ....................................... 10 Continuing the, ..................................... 6.29 CONTRACTOR May Stop Work - or Terminate ................................... 15.5 Coordination of......................................7.4 Cost of the ..................................... 11.4-11.5 definition of ........................................ 1.43 -neglected by.CONTRACPOR ...................... 13.14 other Work ............................................ 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site ............................. 7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-15.4 Variation and deviation authorized, minor...........................................3.6 Work Change Directive — claims pursuant to .................................. 10.2 definition of ........................................ I.44 principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ...........................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I I I I I I I I ;1 I] I I I I 12 I 1 I I I H I I 1 I I I I I I 1 GENERAL CONDITIONS ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: O to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, 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 ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. I 13 E 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified#.OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written noticegiven by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for,the.performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Fact! tiles —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. I I I I I 1 I I I I I I I I I 14 I I I I I L I I I I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contact Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starling the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 L attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the ,schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will. neit erimpose:ion,ENGIr NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. - 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, - FOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1, the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I I I I I I I I I I El I 1. 16 I [I ' performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. I I) I I I 11 I I L I Li I 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable, "'suitable; "'acceptable, "'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furtishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS As'cilability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities -will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles I1 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 17 L 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data;' CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- rions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or • 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACPOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I I I [1 I 1 I I I I I I I I I I 18 I I 1 :. 1 I I [] I I I I I 1 I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. 1 Reference Points: I 1 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 1 19 Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a 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 paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. .All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. (Addition; SC -5.3.1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. CONTRACTOR's Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACIOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (1) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I I I P LI I I [1 I., 20 I I The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- , sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, ' whichever is greater, 5.4.9. include completed operations insurance; 1 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the • coverage afforded will not be cancelled, materially, changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3:2 will so pro- vide); r 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and f� I I C Li I [l 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER'S Liability Insurance: (Replacement; Propertylnsuronee: (Replacements; SC -5.6 5.7 & 5.8 /11/,t/filE4btfir"1�;dv<dE�i�.t4sfz I► d +ftt'gW.6iot Mafl44MMWMJ(4><Vt MiW- ce upon the Work at the site in the amount of the f I re lacement cost thereof (subject to such deductible amou is as y be provided in the Supplementary Condition or reqtAjed by Laws and Regulations). This insurance shall/ 5..I. include the interests of OWNER, CO C - TOR, Subcontractors, ENGINEER, ENGINEE s Con- sultant and any other persons or entities identifi in the Supplei�entary Conditions, each of whom is deem to have an insuible interest and shall be listed as an nsured or 5.6.2. bkwritten on a Builder's Risk "all 'sk" or open peril or specl causes of loss policy form tl6t shall at least include insurice for physical loss or dam*e to the Work, temporary boil ings, falsework and Work i transit and shall insure against k least the following pe Is fire, lightning, extended cove , theft, vandalism and icious mischief, earthquake, toll debris removal, d olition occasioned by enforcement Laws and Regula ons, water damage, and such other peril as may be spec tally required by the Supplementary Conditions; 3:6.3. include expe s incurr96 in the repair or replace- ment of any insured prderty (i luding but not limited to fees and charges of engin rs architects); 5.6.4. cover materials a quipment stored at the site or at another location that was to in writing by OWNER prior to being incorporated ' e Work, provided that such materials and equipment h ve n included in an Applica- tion for Payment recomm nded y ENGINEER; and 5.6.5. be maintaine n effect u til final payment is made unless otherwise to in wri g by OWNER, CON- TRACTOR and ENG EER with th y days written notice to each other addi ' nalinsured to hom a certificate of insurance has been ssued. 5.7. OWNER s I purchase and main 'n such boiler and machinery insuranor additional property urance as may be required by tffr Supplementary Conditio s or Laws and Regulations w ' h will include the interestk of OWNER, CONTRAC'1>) ,Subcontractors,ENGINEER, NGINEER's Consultants a any other persons or entities id ntified in the Supplemen Conditions, each of whom is dee ed to have an insurabl interest and shall be listed as an ' sured or additional ijsured. 5.8. 4h1 the policies of insurance (and the ce tes or other a Bence thereof) required to be purchased an main- tained y OWNER in accordance with paragraphs 5.6 5.7 will main a provision or endorsement that the cov rage affor51ed will not be cancelled or materially changed or ren wal refu ed until at least thirty days' prior written notice has b n giv n to OWNER and CONTRACTOR and to each othS�r itional insured to whom a certificate of insurance has bee i ued and will contain waiver provisions in accordance with kra2nDh 5.11. 1 21 I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. (Replacement; SC -5.10) 5.11. WaiverojRights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds tinder such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by. arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. (Replacements Receipt and Application of Insurance Proceeds 5 . 12 SC- .14 tst2. Any insured loss under the policies of insuraice requiIS4 by paragraphs 5.6 and 5.7 will be adjusted 'th OWNE and made payable to OWNER as fiduciary or the insureds, their interests may appear, subject to require- ments of any plicable mortgage clause and of h5.13. OWNER shall eposit in a separate account y money so received, and s distribute it in accordan th such agree- ment as the parties interest may reach f no other special agreement is reached a damaged Wo shall be repaired or replaced, the moneys so ved. ed on account thereof and the Work and the cost a vered by an appropriate Change Order or Written ent. 5.13. OWNER as fiduci� shl have power to adjust and settle any loss with the i urers u one of the parties in interest shall object iry4iiting withi fifteen days after .the occurrence of loss to WEER's exercisiQf this power. If such objection be made,.OWNER as fiduciary s 1 make settlement with the insurejt in accordance with such eement as the parties in in t may reach. If no such agreerftqit among the parties in i crest is reached, OWNER as fiduciarhall adjust and se the loss with the insurers and, if required writing by anparty in interest, OWNER as fiduciary shall gi bond foyfce proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 1 . 4. If either party (OWNER orCONTRACIOR) has objec to the coverage afforded by or other provision the Bonds or ' surance required to be purchased and ntained by the other y in accordance with Article 5 o he basis of non-conforman with the Contract Docum , the objecting party shall so noti he other party in w ' g within ten days after receipt of the cc ficates (or of evidence requested) required by paragraph 2.. WNE d CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th may reasonably request. If either party does not pu e or m ' taro all of the Bonds and insurance required o ch party by th Contract Documents, such party shall n y the other party in ' 'ng of such failure to purchase r to the start of the Work, or such failure to maintain p ' r to any change in the required cove e. Without prejudi to any other right or remedy, the other y may elec o obtain equivalent Bonds or insurance to pro such er party's interests at the expense of the party who as 22 1 L] I I I I I L I I I I [] I I S�M# OA06 M91flWP1d M) Partial Ut(ikNron—Property Insamnee: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 --CONTRAC'TOR'S RESPONSIBILITIES Supernaron and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACPDR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of'the applicable Supplier, except as otherwise provided in the Contract Documents. 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substihaes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: I 23 I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRAC7OR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient infomtation to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I I I 11 [1 I I r I I I L1 I I Fm I I I I I I TI I U I I I 1] Li I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONIRACTOR:shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. (Addition; SC -6.13 Laws and Regularons: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6.14.3) Taus: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 1 25 I the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way,permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and againstall claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger.the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal; relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Represenurkre: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 1 L I I I I I I I Li I H I 26 Li I is I I I I I I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines'thata change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Subminaf Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which, the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract I 27 E Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or asOWNER and C0NTRAC- TOR may otherwise agree in writing. 6.30. CONTRAC/1DR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACIOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. anycorrectionofdefectiveWorkby OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I I I I L I I I I H Li Li I I 0 L C I I I Li I I El the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional expense 3o:CONTRACTOR. or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. (Addition SC -7.5) ARTICLE S —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conch - bons, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. r 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that .have been utilized by ENGINEER in preparing the Contract Documents. /s'5!/0MAX'%%is k4lAi4VInIrbsWMdufr:Wdni 1u�Wn�X ,Wp d 4,64MO?A 1c1bl{VjA XY-YTtX�69Bu,r/9(Replacement SC -8 .5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 1 29 I 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) ARTICLE 9 —ENGINEER'S STATUS' DURING l Yarifitatioru Intaprtrddone: CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN - GIN EER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 or Article 12. Andiarized Variations in Work 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or I I i I I I I I I I Li I I I C I I I I I A [1 I I 1 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: - 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, I1, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual,quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER withinthirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9,12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. I 31 I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance, with; the Contract_Docr uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 --CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. :. 10.5.. If notice-ofanychange affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 IfOWNER W N ER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will [1 I I I I I I I I I I I 32 I I I I I I I !1 I I I I I be valid if not submitted in .accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which • may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTDR's fee for overhead and profit (determined as ,provided- in :paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. .r 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 1 33 I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service_at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: I I 11.6.1. a mutually acceptable fixed fee; or I 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3 the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4,4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I I [� It $ I [I n` Il I I I 1 I I Li I I I I i I Li I I I I Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: • 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Wor*: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: (Replacement; 9f 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 1 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER; independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections; 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation, 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice, Uncovering Work 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. I I I [1 -! I I I L I I I 11 13.4.3. as otherwise specifically provided in the Con- tract Documents. OWNER May Stop the Work: 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work `I I I I C I LJ I I I I I L] I I shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: O correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances wherea particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE II PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Worronty of TWe: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work, I I I I I I I 1 I I I I I I I I 38 I Ti [I a I I n I Li I H I LJ I 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRAC'TORshailrotifyOWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Workuhich OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 1 39 Li particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required - by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER,:CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: ' 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE IS —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Wort 15.1. At any time and without cause, OWNER may sus- pend 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 CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: ii 11 I I I I I I I I I 0 Li I m W I I I I 1, I I L; I n iJ I I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial 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 permit- ted 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 materi- als 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 dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated 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. 15.4. 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 Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): ^ ,r 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. 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. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise I 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. lithe last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16. 6.30, 6.31, 6.32. 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation; right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] 11 I I I I •I I El I I I I I L 42 I Li] TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS iPage SC -1 Definitions and Abbreviations.......................................................... 00800-1 SC -2 Preliminary Matters......................................................................... 00800-2 SC -5 Bonds and Insurance...................................................................... 00800-3 SC -6 Contractors Responsibilities........................................................... 00800-5 SC -7 Other Work ..................... 00800-6 SC -8 Owner's Responsibilities .................... ......... ................. 00800-7 ' SC -9 Engineer's Status During Construction ............. 00800-7 SC -11 Change of Contract Price ................................ ........................ 00800-10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................................. 00800-10 U I I I r, I I I I ' 00800 - Table of Contents of Supplementary Conditions 00800-i I 00800 - SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ' SC -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "Mayor" and "City Council" shall mean the Mayor and City Council, respectively, for the City of Fayetteville, Arkansas. The words "Purchasing Officer" shall mean the Purchasing Officer for the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney for the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who has been employed by the City of Fayetteville for this Work. The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. ' The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. ' The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing ' changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." ' Whenever the following abbreviations are used, they shall have the meanings given below: I ' 00800 Supplementary Conditions 00800-1 00800 - SUPPLEMENTARY CONDITIONS AASHTO - American Society of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code ' NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code ' SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere 1 abc - aggregate base course cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe C.Y. - cubic yard DIP - ductile iron pipe Ea. - each gpm - gallons per minute Hp - horsepower L.F. - linear foot L.S. - lump sum MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute S.F. - square foot S. Y. - square yard T.D. - time delay TDH - total dynamic head V - volt V.F. - vertical foot , SC -2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: 00800- Supplementary Conditions 00800-2 , 00800 - SUPPLEMENTARY CONDITIONS SC -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -5 BONDS AND INSURANCE ' Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: ' SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident agent or non-resident agent who is licensed by the Arkansas State Insurance ' Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing. paragraph 5.3.1 of the General Conditions: "The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an 'A' rated bonding 'company." SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). SC -5.4 CONTRACTOR'S Liability Insurance ' Add the following paragraphs immediately after the respective paragraphs contained in SC -5.4 of the General Conditions: I I I I SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions: 1) State: 2) Applicable Federal (e.g. 3) Employer's Liability: $ 100,000 Statutory Longshoreman's): Statutory Each Occurrence ' CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract. SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under paragraphs 5.4.3 through 5.4.5 of the General Conditions): 00800 Supplementary Conditions 00800-3 I 00800 - SUPPLEMENTARY CONDITIONS ' $2,000,000 Combined Single Limit Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: $1,500,000 Each Person $3,000,000 Each Occurrence Property Damage: ' $ 600,000 Each Occurrence or a combined single limit of $2,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General I Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property f (including but not limited to fees and charges of engineers, architects, 00800- Supplementary Conditions 00800-4 ' I L I I I I I H I H 00800 - SUPPLEMENTARY CONDITIONS attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 shall contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will endeavor' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of Co nditions General onditions in its entirety. ' SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General ' Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas ' Department of Environmental Quality. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the CONTRACTOR." 00800 Supplementary Conditions 00800-5 I 00800 - SUPPLEMENTARY CONDITIONS SC -6.14 Laws and Regulations. Add a new paragraph immediately after paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective 00800- Supplementary Conditions I I I I 00800 - SUPPLEMENTARY CONDITIONS responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -9 ENGINEER'S STATUS DURING CONSTRUCTION ' SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: SC -9.3 Duties, Responsibilities and Limitations of Authority of Resident Project Representative. ' General The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER ' and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR I1) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. ' 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. ' a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as ' OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when ' required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any ' Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. t00800 Supplementary Conditions 00800-7 I 00800 - SUPPLEMENTARY CONDITIONS 5) Review of Work, Resection of Defective Work, Inspections and Tests. a) Conduct on -site observations of the Work in progress to assist ' ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for ' modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8) Records. a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, 00800— Supplementary Conditions 00800-8 ' ' 00800 - SUPPLEMENTARY CONDITIONS inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with ' CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of ' values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. I11) Certificates. Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the ' Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. •' 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or • correction. ' b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or ' corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ' Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in ' the Agreement or the Contract Documents. shall not undertake any of the responsibilities of CONTRACTOR, ' subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or ' procedures of construction unless such advice or directions are specifically required by the Contract Documents. I. shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 00800 Supplementary Conditions 00800-9 00800 - SUPPLEMENTARY CONDITIONS • shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. • shall not authorize OWNER to occupy the Project in whole or in part. ' • shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -11 CHANGE OF CONTRACT PRICE I SC -1 1.9 Unit Price Work. Delete paragraph 11.9.3.1 of the General Conditions and , add the following in its place: 11.9.3.1 the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Total Contract Price and if the units of work of the particular item of Unit Price Work performed by CONTRACTOR amounts to 125 percent or more of the estimated quantity of work set out in the Contract, the quantity of the unit price item in excess of 125 percent shall be subject to reevaluation and adjustment provided that documentation is presented that substantiates the claim; and SC -13 __TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE ' SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of ' the General Conditions: All inspections, tests or approvals other than those required by Laws or ' Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. END OF SUPPLEMENTARY CONDITIONS ' I I I I 00800— Supplementary Conditions 00800-10 ' MIKE HUCKABEE STATE OF ARKANSAS JAMES SALKELD GOVERNOR DIRECTOR ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DMSION 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 ' Phone: 501-682-4536 Fax: 501-682-4508 TRS:800-285-1131 July 20, 2006 1 M. Lane Crider McGoodwin Williams and Yates Inc ' 909 Rolling Hills Dr Fayetteville, AR 72703 I ' Dear Mr. Crider: JUL 24 2006 "( MaGoodwiu, Williams and Re: WESTSIDE WASTEWATER TREATMENT PLANT WETLANDS CONSTRUCTION FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 06.029 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. IWhen you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my office. ' If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. Sincerely, e64 Don Cash Prevailing Wage Division Enclosures 00860 - Wage Determination 00860-1 Arkansas Department of Labor I Prevailing Wage Determination HEAVY RATES Date: 07/20/2006 Determination #: 06-029 Project: Westside Wastewater Treatment Project County: Washington Plant - Wetlands Construction Expiration Date: 01/20/2007 City: Fayetteville, Arkansas Survey#: Basic Hourly Fringe CLASSIFICATION Rate Benefits Bricklayer/Pointer, Cleaner, Caulker $9.65 Carpenter $14.05 $1.75 Concrete Finisher/Cement Mason $12.80 Electrician/Alarm Installer $13.30 $1.00 Ironworker $16.30 Laborer $9.65 Pipelayer $9.65 Truck Driver $12.55 Asphalt Paving Machine $12.55 Backhoe - Rubber Tired (1 yard or less) $13.90 Bulldozer, finish $14.95 Bulldozer, rough $10.60 Distributor $12.35 Front End Loader, finish $13.70 Front End Loader, rough $10.65 Mechanic $14.70 Motor Patrol, finish $13.05 Motor Patrol, rough $9.65 Roller $12.40 Scraper, finish $11.75 Scraper, rough $11.25 Trackhoe $14.00 Crane, Derrick, Shovel, Dragline & Backhoe $14.90 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 07/03/2006 706-AH05 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form. 07/20/2006 3:51 PM 00860 - Wage Determination Page1of1 00860-2 I I L I I L I I I I I I I I I I 1 1 I I z 0 O Z Z d F- i � y Z z W 12 0 dW z W wc z G a n ' C C L cn N 10 i L G cML. ro v Y 16 OU pl L R C C _ C a N fl —c O i-r 7 .O C 00)>- I]) o 3' a) a.Cu V n O YW L '4-a-, nC a-i i 3tI cy Co 0 1-.0) 03 ns—aw ,000 0 o m 0 3 c - L Cl O 0 Y C I- 0�°�a0 U s+ E uO t N O Uf —O a) 7 0, n0v C L U a) O 3 U o L 0 - 3 U �O V a ,Jai ISIS fo fl 0 Y tea) E -5 ��Z�� O'N N w O1 C i-ceSc to to to O a c ' 00860 - Wage Determination c 0 Os ii' z V .SM V V R n Co C to t U a) L CC O a C a E a yL c C V C y ow On Ho co- - aLQ O W HUB Oaa H Q HO - (9 U U z 0a W LLL L 111JJJ z W f Q O Q = d Y O VI Q I- 0-I- u.jP. J mar o.4 W~ LL "- O I- zoo WW u-IuC7 Q O z w m h zW� aka OO N m Gs° 0 mo Q W app W Qz z W W Y u ce Q Wald HOH 00860-3 FAYETTEVILLE THE CITY OF FAYETTEVRLE ARKANSAS I IContractor REQUEST FOR INTERPRETATION Project Number Contract Number Contract Title RFI Number Date From To: Re: Spec. Sec. Ref: Paragraph: Drawing Ref: Detail: Signed: Response: ❑ Attachments Response From: To: Date Transmitted: Date Rec'd: Engineer Distribution: ❑ Owner U Contractor ❑ Enginccr ❑ Consultant ❑ Other ' 00930 Request for Interpretation 00930-1 I. I I FAYETTEVILLE THE CITY a FAYETTEVLI{ ARKANSAS FIELD ORDER Project Number Contract Number Contract Title To Contractor From: SDI No Issue Date: The Work shall be carried out in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change in Contract Price or Contract Times. Proceeding with the Work in accordance with these instructions indicates your acknowledgement that there will be no change in the Contract Price or Contract Times. Description: 1 1 1 1 I I I Q Attachments (List) (Signature) Engineer Date Distribution: ❑ Owner ❑ Contractor ❑ Engineer U Consultant U Other 00931 Field Order.doc 00931-1 I I I FAYETTEVILLE THE CITY OF FAYETTEVILLE ARKANSAS To Contractor REQUEST FOR PROPOSAL Project Number - Contract Number Contract Title ' From: RIP No Issue Date: Please submit an itemized proposal for changes in the Contract Price and Contract Times for proposed modifications to the Contract Documents described herein. Submit proposal within days, or notify the Owner in writing of the date on which you anticipate submitting your proposal. This is NOT a Change Order, a Work Change Directive or a direction to proceed with the work described in the proposed modifications. Description: I 11 I I I ❑ Attachments Prepared by Engineer Prepared by Owner REQUESTED by OWNER'S Representative Distribution: ❑ Owner U Contractor ❑ Engineer ❑ Consultant O Other 00932 Proposal Request 00932-1 E FAYETTEVILLE THE QMY OF FAYETIEVILLE •RXAHEAB CHANGE ORDER Project Number Contract Number Contract Title Change Order No Date of Issuance TO CONTRACTOR: ORDINANCE NO: / RESOLUTION NO: The Contract is changed as follows: I I I Not valid until signed by the Owner. The original Contract Price was.......................................................................................................... S Net change by previously authorized Change Orders......................................................................... S The Contract Price prior to this Change Order was............................................................................ S The Contract Price will be (❑ increased) (l] decreased) (O unchanged) by .....................................$ ' The new Contract Price including this Change Order will be.............................................................$ The Contract Times will be (O increased) (U decreased) (❑ unchanged) by .................................... ( ) days Required date of Substantial Completion as of the date of this Change Order therefore is ................ NOTE: This summary does not reflect changes in the Contract Price or Contract Times which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. I I LI I Li CONTRACTOR OWNER BY DATE BY DATE ENGINEER BY DATE I certify there is a balance otherwise unencumbered to the credit of the appropriation to which the above amount is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet the above obligation. Distribution: ❑ Owner (4) ❑ Contractor ❑ Engineer 00940 Change Order 00940-1 I FAYETTEVILLE 711[ MY OFFAYEREVLLA ARKANSAS WORK CHANGE DIRECTIVE ' Project Number Contract Number Contract Title I(Instructions on Reverse Side) No Date of Issuance 'TO: (CONTRACTOR) CONTRACT FOR: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) ' If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). ' Method of determining change in Method of determining change in Contract Price: Contract Times: ❑ Unit Prices ❑ CONTRACTOR's Records O Lump Sum ❑ ENGINEER's Records ❑ As Stipulated in General Conditions ❑ OWNER's Records ❑ Other O Other Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: ' $ Substantial Completion: days; If the change involves an increase, the estimated Ready for Final Payment: days. ' Amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. Recommended: Recommended: ENGINEER OWNER By (Authorized Signature) By (Authorized Signature) By (Authorized Signature) ' Distribution: U Owner U Engineer ❑ Contractor U Consultant U Other 1 00945 Work Change Directive And Instructions 00945-1 1 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a possible change in the Contract Price or the Contract Times a Field Order may be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM ' Based on conversations between Engineer, Owner's Representative and Contractor, Engineer completes the following: ' METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated price is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIMES: Mark the method to be used in determining the change in Contract Times and the estimated increase or decrease in Contract Times. If the change involves an increase in the Contract Times and the estimated times are approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the times or Contractor may stop the changed Work when the estimated times are reached. If the Work Change Directive is not likely to change the Contract Times, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization. , Once authorized by Owner, a copy will be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor. Once the Work covered by this directive is completed or final cost and times are determined. Contractor shall submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHALL BE CONSIDERED ' PROMPTLY. I I 00945 Work Change Directive And Instructions 00945-2 1 L 11 J I DIVISION 1- GENERAL REQUIREMENTS SECTION 01110 - SUMMARY OF WORK PART 1- GENERAL 1 1.01 SUMMARY: C I 1 I I 1 I Ti I I L: I L A. This Section summarizes the Work covered in detail in the complete Contract Documents. B. Owner: The City of Fayetteville, Arkansas, 113 West Mountain Street, Fayetteville, AR 72701 is contracting for Work described in the Contract Documents. 1. Contract Identification: Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding; Contract No. WP -2b. 2. Work Site Location: 15 South Broyles Avenue, Fayetteville, Arkansas. C. Engineer: The Contract Documents were prepared by McGoodwin, Williams and Yates, Inc., 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. 1.02 PROJECT DESCRIPTION: A. Description of Project: The City of Fayetteville, Arkansas is undertaking a project to redirect sewer flows from portions of the City in the Illinois River drainage basin to a new wastewater treatment plant on the west side of the City and upgrade sewers in the City which are in the White River drainage basin and upgrade the existing wastewater treatment plant on the east side of the City. The project is known as the Wastewater System Improvement Project and includes but may not be limited to four areas of improvements as follows: Westside Wastewater Treatment Plant. 2. Westside Collection System Improvements. 3. Paul R. Noland Wastewater Treatment Plant Improvements. 4. Eastside Collection System Improvements. 5. Phase I — Wetland Mitigation Site Seedbed Preparation and Seeding. B. Work Covered by Contract Documents: The work shall include seedbed preparation and seeding at an approximately 31 -acre site owned by the City of Fayetteville. More specifically, this project includes spot -application of herbicide, a controlled burn of the site, seeding approximately 16.5 acres of upland prairie habitat and 14.5 acres of wetland prairie habitat. 1.03 WORK BY OTHERS: A. WP -3; Westside Wastewater Treatment Plant, Wetland Berms, and Water Line at Broyles Road. The wetland berms and water control structures are being constructed under this contract. 01110 -Summary of Work.doc 01110-i P SECTION 01110 - SUMMARY OF WORK (continued) B. WL-5; Hamestring to Westside WWTP Force Mains— Work under this project consists of constructing all force mains necessary to transport the flows to the new Westside Wastewater Treatment Facility from the Hamestring City Station. 1.04 FUTURE WORK: Wastewater treatment plants and sewer lines will be upgraded or expanded as needed to meet the needs of City of Fayetteville, AR in the future. 1.05 CONTRACTOR'S USE OF PREMISES: A. Limited Use: (Wetland Mitigation Site) 1. Limit use of the premises for storage and execution of the Work. Confine operations to areas within Contract limits indicated by the limits of construction where indicated on the Drawings. Access to the wetland site shall be limited to areas indicated on the Drawings and contiguous with the WWTP site. No access from Broyles Road will be allowed. Storage of materials shall be coordinated with areas adjacent to the WWTP site. 1.06 WORK SEQUENCE: A. General: Construction sequence shall be determined by Contractor with the following milestones: 1. Spot -Application of Herbicides: Prior to November 1, 2006. 2. Controlled Bum: After initial herbicide application and killing frost, but no later than December 1, 2006. 3. Seeding: No later than December 15, 2006. 4. Follow -Up Spot -Application of Herbicides for Cool Season Species: After seeding through end of Contract. These milestone dates are subject to change by the Wetland Scientist. 1.07 LANDS AND RIGHTS -OF -WAY: u I I L I L: I I I I A. The work to be performed under this contract shall be on lands owned by the City of Fayetteville and on easements or lands obtained by the City of Fayetteville. ' 1.08 CONTRACTOR TO FURNISH EQUIPMENT, MATERIALS AND MANPOWER: A. The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. B. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the Contract. Any replacement costs incurred to reset these monuments shall be at the Contractor's expense. The Contractor shall furnish all other lines, grades and benchmarks for proper execution of the Work. I I I Ti I 01110 -Summary of Work.doc 01110-2 1 I SECTION 01110 - SUMMARY OF WORK (continued) 1.09 SUNDAY, HOLIDAY AND NIGHT WORK: A. Unless otherwise permitted, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays, or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of an emergency. 1.10 ARKANSAS ONE CALL: ' A. Contractor shall abide by all provisions of Arkansas State Law, Chapter 271, "Arkansas Underground Facilities Damage Prevention Act," and any subsequent amendments to Chapter 271. Contractor shall be responsible for all white -lining of proposed excavation routes and for all notifications to Arkansas One Call Center for all locates needed prior to any excavation or demolition, in accordance with all ' provisions of Chapter 271. The Owner will not be liable for any damages, consequential or incidental, which may occur as a result of Contractor failing to abide by all the provisions of Chapter 271. Contractor shall be solely liable for any and all ' damages caused by Contractor, Contractor's subcontractors, and/or Contractor's assigns to any utility systems. 1.11 HIGH PRESSURE GAS MAIN: A. General: Located across the Project Site is a 20 -inch high pressure gas main owned by CenterPoint Energy. The Entrance Road will cross over this gas main, and the water main extension and a quad conduit will cross under the gas main. ' B. The City shall be responsible for obtaining all permits, including any permit fee, required by CenterPoint Energy. ' 1.12 MEASUREMENT AND PAYMENT: A. Lump Sum Contracts: All Work indicated and specified in the Contract Documents ' shall be included in the Lump Sum Contract Price. 1.13 COPIES OF DOCUMENTS: A. Furnished Copies: After execution of Agreement, Contractor will be furnished at no cost, a maximum of five (5) sets of Contract Documents consisting of full-size Contract Drawings including revised Drawings, and the Project Manual, in addition to those used in execution of the Agreement. B. Additional Copies: Additional copies of above documents will be supplied by Engineer upon request (at $75.00 per one set of full-size Drawings). ' PART 2- PRODUCTS - NOT USED. ' PART 3- EXECUTION - NOT USED. END OF SECTION 01110 I ' 01110 -Summary of W ork.doc 01110-3 I SECTION 01125 - METHODS OF MEASUREMENT AND PAYMENT IPART1- GENERAL 1.01 METHOD OF MEASUREMENT AND PAYMENT A. Summary: Methods of measurement and payment covering the various items of this Contract ' are hereby clarified and superseded as set out herein. Payment for all work under this Contract shall be at the lump sum prices for bid items, as hereinafter setout. 1. Bid Item 1 - Herbicide Applications: a. Payment for herbicide applications shall be in accordance with the lump sum bid price ' for this item. b. The unit of measurement for payment for herbicide application, shall be the satisfactory completion of each herbicide application that meets the Acceptance Criteria contained in Section 02921, and accepted in accordance with the plans and specifications or as directed by the Wetland Scientist. Measurement shall be based upon the Wetland Scientist's estimate of percent complete. 2. Bid Item 2 — Controlled Bum: a. Payment for the controlled burn shall be in accordance with the lump sum bid price for this item. b. The unit of measurement for payment for the controlled burn, shall be the satisfactory controlled bum of each area designated for burning that meets the Acceptance Criteria ' contained in Section 02921, and accepted in accordance with the plans and specifications, or as directed by the Wetland Scientist. Measurement shall be based upon the Wetland Scientist's estimate of percent complete. 3. Bid Item 3 —Seeding: a. Payment for seeding shall be in accordance with the lump sum bid price for this item. ' b. The unit of measurement for payment for the seeding, shall be the satisfactory seeding of each area designated for seeding that meets the Acceptance Criteria contained in Section 02921, and accepted in accordance with the plans and specifications, or as directed by the Wetland Scientist. Measurement shall be based upon the Wetland Scientist's estimate of percent complete. 4. Bid Item 4 —Spot -Application of Herbicides for Cool -Season Species: a. Payment for herbicide applications shall be in accordance with the lump sum bid price for this item. b. The unit of measurement for payment for herbicide application, shall be the satisfactory completion of each herbicide application that meets the Acceptance Criteria contained in Section 02921, and accepted in accordance with the plans and specifications or as directed by the Wetland Scientist. Measurement shall be based upon the Wetland Scientist's estimate of percent complete. i 01125 Measurement and Payment.doc 01125- 1 SECTION 01125 - METHODS OF MEASUREMENT AND PAYMENT (continued) I PART 2- PRODUCTS - NOT USED. ' PART 3- EXECUTION - NOT USED. END OF SECTION 01125 1 1 L C] I I I I I L I I 01125 Measurement and Payment.doc 01125-2 ' I SECTION 01250 -CONTRACT MODIFICATION PROCEDURES IPART 1- GENERAL 1.01 SUMMARY A. Section Includes: 1. Minor changes in the Work. 2. Proposal request. 3. Work Change Directive. B. Related Sections: 1. DOCUMENT 00700 - GENERAL CONDITIONS. 2. Supplementary Conditions. 1.02 MINOR CHANGES IN THE WORK A. Engineer will advise Contractor of minor changes in Work not involving an adjustment to Contract Price or Contract Times as authorized by the DOCUMENT 00700 - GENERAL CONDITIONS, Subparagraph 9.05 by issuing Field Orders. 1.03 PROPOSAL REQUEST A. Owner -Initiated Proposal Requests: 1. Engineer may issue a Proposal Request, including detailed descriptions of proposed changes in the Work that may require adjustment to the Contract Price or the Contract Time. a. If necessary, the description will include supplemental or revised ' Drawings and Specifications. b. Proposal Requests issued by Engineer are for information only. Do not consider them instructions either to stop Work in progress or to execute the proposed change. 2. Contractor shall submit cost proposal, including any request for an extension in Contract Times, within 14 days of receipt of Proposal Request. 3. In order to facilitate checking of Contractor's proposals for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of cost including labor, materials, and Subcontracts. Labor and materials shall be itemized in a manner acceptable to the Engineer. Where major cost items are Subcontracts, they shall be itemized also. Document each proposal for a change in cost or time with sufficient data to support computations, including the following: ' a. Include list of quantities of Products, labor, and equipment required or eliminated and unit costs, with total amount of purchases and credits to be made. ' b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Indicate amounts for insurance and bonds. Id. Indicate amounts for Contractor's overhead and profit. e. Include justification for any change in Contract Time. f. Include credit for deletions from Contract, similarity documented. g. Include an updated Contractor's Construction Schedule that indicates the ' 01250 Contract Modification Procedures.doc 01250- 1 I SECTON 01250- CONTRACT MODIFICATION PROCEDURES (continued) I effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. (1) Use available total float before requesting an extension of the Contract Time. 4. On Owner's approval of a proposal request, Engineer will issue Change Orders for signatures by Owner and Contractor as provided in the DOCUMENT 00700 - GENERAL CONDITIONS. a. Upon execution of a Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values accordingly. 1.04 WORK CHANGE DIRECTIVE ' A. Engineer may issue a Work Change Directive, signed by Owner and Engineer, including detailed descriptions of changes, and identifying method for determining any change in Contract Price or Contract Time, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Contractor shall promptly execute the change. 2. Work Change Directives shall be issued on Owner's standard form. B. Contractor shall maintain detailed records for changes in the Work performed on a time and material basis. 1. Submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. C. Engineer will issue Change Order for signatures by Owner and Contractor as provided I in Document 00700 - GENERAL CONDITIONS. D. Upon execution of a Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values accordingly. PART 2- PRODUCTS NOT USED PART 3- PART 3 —EXECUTION NOT USED END OF SECTION 01250 I Li I I 01250 Contract Modification Procedures.doc 01250-2 , I I I I I I [Ti I I I I I I I L I I II SECTION 01290 - PAYMENT PROCEDURES PART1- GENERAL 1.01 SUMMARY A. Section Includes: 1. Schedule of values. 2. Applications for payment. B. Related Sections: DOCUMENT 00700 - GENERAL CONDTIONS. DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS. 1.02 SCHEDULE OF VALUES A. Within 20 days of after the Effective Date of the Agreement, submit 5 copies of typed Schedule of Values DOCUMENT 1290.02. 1. Owner will provide Contractor an electronic copy of DOCUMENT 01290.02. B. Format: Table of Contents of Project Manual. 1. Identify each line item with number and title of Project Manual Section. a. Include a separate line item for each of the following. (1) Bonds. (2) Insurance. 2. Dollar amounts shall include material, labor, overhead, and profit applicable to each individual item indicated. 3. The Schedule of Values shall be categorized by bid items as listed in the Methods of Measurement and Payment Section 01125, and broken down into subcategories by item of construction. 4. The Contractor shall submit the proposed Schedule of Values to the Engineer for review. The Engineer shall respond in writing with comments or necessary revisions to the Contractor's proposed Schedule of Values. An approved Schedule of Values must be completed ten days prior to the first Application for Payment by the Contractor. 1.03 APPLICATIONS FOR PAYMENT A. Format: Document 01290.01 supported by Document 01290.02. 1. Owner will provide Contractor an electronic copy of Documents 01290.01 and 01290.02. B. Payment Period: As specified under DOCUMENT 00700 — GENERAL CONDITIONS. C. Preparation of Applications: 1. Present required information in typewritten form consistent with the approved Schedule of Values. 2. Execute application by signature of authorized officer of Contractor's firm. 3. Use data from approved Schedule of Values. a. Indicate dollar value in each column of each line item for portion of Work completed through the last day of the application period, and for ' 01290 Payment Procedures.doc 01290-1 I SECTION 01290 — PAYMENT PROCEDURES (continued) products properly stored in accordance with the Contract Documents through the last day of the previous application period. b. Round off dollar values to nearest dollar. c. Complete every entry on form. 4. Indicate each authorized Change Order as separate items on continuation sheet. a. List by appropriate Change Order Number. b. Indicate dollar value breakdown of each Change Order by each applicable Project Manual Section. D. Submittal Procedure: 1. Comply with DOCUMENT 00700 - GENERAL CONDITIONS. 2. Submit 5 copies of each Application for Payment. 3. Submit an updated Construction Progress Schedule with each Application for Payment. 4. Substantiating Data: a. When Owner or Engineer requires substantiating information to support Contractor's application for payment, submit data justifying dollar amounts which are in question. b. Provide 1 copy of data with cover letter for each copy of Application for Payment. (1) Indicate application number and date. (2) List each item in question by continuation sheet identification, 5. Submit application for final payment in accordance with DOCUMENT 00700 — GENERAL CONDITIONS. PART 2- PRODUCTS PART 3- EXECUTION END OF SECTION 01290 NOT USED NOT USED I C I I I I E I I I I I I I I 01290 Payment Procedures 01290-2 ' I FAYETTEVILLE APPLICATION FOR PAYMENT INK CITY of FAYETlEVRLE ARKANSAS 1 Project Number Contract Number Contract Title Application Number: Date: ' CONTRACTOR: Ordinance/Resolution Number: Address: Effective: Encumbrance No: Application for Work Accomplished Through the Date of: Original Contret yct Price .Order..._......... ....................................... [1]$ Net Change by Change Orders through .....[2]$_________________________ Current Contract Price (1 + 2) .... ... [3]$ Completed Work .........................[4]$ ' Stored Material............................[5]$ Total Completed and Stored to Date (4+5) [6]$ Previous Payments .....................[7]$ Previous ions .. ............[8,$ ................................... Total Previous Applications (7+8) ........................................................... [9]$ Amount This Application (6-9) ... .... [10]$ Less Retainage This Application'...................................................... [-][11]$ Release of Retainage........................................................................... [12]$ Due This Application (10-11+12).......................................................... [13)$ ` Retainage on Completed Work Only 'Accompanying Documentation: Attached Schedule of Values CONTRACTOR's Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by all prior Applications for Payment; (2) title of all Work, materials and equipment incorporated into said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to ' OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective, and (4) all labor standards contract requirements have been complied with by CONTRACTOR and by ' each subcontractor employing mechanics or laborers at the site of the work. Dated: CONTRACTOR By: STATE OF ) COUNTY OF ) ' Subscribed and Sworn to before me this day of My commission expires: Notary Public 01290.01 Application for Payment Page 1 I ENGINEER's Certification for Payment ' In accordance with the Contract Documents, based on on -site observations and the data comprising this application, the Engineer certifies to the Owner that to the best of the Engineer's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor Is entitled to payment of the AMOUNT CERTIFIED. AMOUNTCERTIFIED............................................................................ $ , (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Schedule of Values that are changed to conform to the amount certified.) ENGINEER: By: Date: , Printed Name: Firm: OWNER's Approval I The amount previously certified is approved for payment. By: Date: , Approved By: Date: Distribution ❑ Owner (4) ❑ Contractor ❑ Engineer ❑ Other I I I I U I I I I 01290.01 Application for Payment Page 2 1 0 00 A O m --II N oz 0 0 m o Ii O rt� O •- 3p C P �9e c«y, r �. r Ct n III J El I FAYETTEVILLE THE CITY OF FAVETTEVILLE, ARKANSAS CERTIFICATE OF SUBSTANTIAL COMPLETION Project Number Contract Number Contract Title CONTRACT FOR: ' CONTRACTOR: DATE OF ISSUANCE: ' PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ' The Work performed under this Contract has been rgviewed and found, to the Engineer's best knowledge, information and belief, to be substantially complete. Sub4antial Completion is the state in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of Project or ' portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 1 ENGINEER BY DATE ' The Contractor will complete or correct the Work on the list of items attached hereto within days from the above date of Substantial Completion. CONTRACTOR BY DATE ' The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). OWNER'S REPRESENTATIVE BY DATE Distribution: U Owner ❑ Contractor ❑ Engineer ' ❑ Consultant ❑ Other I I ' 01290.12 Substantial Completion Page 1 J I I FAYETTEVILLE THE CRY OF FAYETTEVILLE, ARKANSAS ' STATE OF COUNTY OF __' The Undersigned, I I H C Li I H u I I I I H )SS age, being first duly sworn, states under oath as follows: CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT Project Number Contract Number Contract Title (Name) of lawful ]. I am the of who is the general (Title) (Contractor) contractor for the City on Project No. and Project Title 2. All payrolls, material bills, use of equipment and other indebtedness connected with the Work for this Contract have been paid and all claims of whatever nature have been satisfied, as required by the Contract. 3 (✓) _Prevailing wage does not apply; or All provisions and requirements set forth pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Orders contained in the Contract in carrying out the Contract and Work. Contractor has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Contract, regardless of tier, affirming compliance with the prevailing wage law as stipulated in the Contract. 4 Contractor certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5 This affidavit is made in behalf of the Contractor for the purpose of securing from the City of Fayetteville, Arkansas, the certification of completion of the Contract and receiving payment therefor. 01290.14 Contractor Affidavit for Final Payment 01290.14-1 By (Signature) Title On this day of , before me appeared , to me personally known to be the and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of the as its free act and deed IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public CONSENT OF SURETY Final Payment to for work performed on the above Contract No. ATTEST: (SEAL) By — Title STATE OF )SS COUNTY OF ) On this day of , before me appeared the of the Surety, and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of the as its free act and deed. is hereby authorized. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public 01290.14 Contractor Affidavit for Final Payment 01290.14-2 1 1 I 1 1 1 I H I I I I Li I H C I I H FAYETTEVILLE THE CITY OF FAYETTEVILLg ARKANSAS STATE OF COUNTY OF The Undersigned, states under oath as follows: 1. Iam the (Title) (contractor) to . general contractor on (Name of Contractor) (Contract Number and Title) 2. All payrolls, material bills, use of equipment and other indebtedness connected with the work for this project have been paid and all claims of whatever nature have been satisfied. 3 (✓) _Prevailing wage does not apply; or All provisions and requirements set forth pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract between General Contractor and Fayetteville in performing and furnishing Subcontractor's work, and Subcontractor certifies that it has fully complied with the requirements of the prevailing wage law. of IQ )SS SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT Project Number Contract Number Project Title age, being first duly sworn, "Subcontractor" 4. A total of S has been received as full compensation for: performed in connection with the.contract. (area / scope of work) 5. This affidavit is made in behalf of the Contractor for the purpose of securing from Fayetteville, Arkansas, the certification of completion of the project and receiving payment therefor. SUBCONTRACTOR By (Signature) Title On this day of , before me appeared to me personally known to be the and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of the as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public ' 01290.15 Subcontr Affidavit for Final Payment.doc 01290.15-1 I SECTION 01320 - PROJECT MEETINGS, SCHEDULES, AND REPORTS IPART1- GENERAL 1.01 Summary: This Section includes the following administrative and procedural requirements: A. Project Meetings: 1. Preconstruction conference. 2. Coordination schedules. 3. Progress meetings. 4. Preinstallation conferences. ' 5. Coordination meetings. B. Schedules and Reports: 1. Initial coordination schedules. ' 2. Construction progress schedule. 3. Construction progress reports. 4. Schedule of values. '• 5. Special reports. C. Related Work Specified Elsewhere: I. For CPM Schedules: SECTION 01321. ' 2. For Submittal Requirements: SECTION 01330. 1.02 PROJECT MEETINGS: IA. Preconstruction Conference: I. Engineer will conduct a meeting within 20 days after the Effective Date of the Agreement, to review items stated in the following agenda and to establish a working understanding between the parties as to their relationships during performance of the Work. 2. Preconstruction conference shall be attended by: ' a. Contractor and his superintendent. b. Engineer and Resident Project Representative if any. c. Owner's representative(s). d. At Owner's option, representatives of principal Subcontractors and Suppliers. 3. Meeting Agenda: a. Construction schedules. b. Critical Work sequencing. c. Designation of responsible personnel. d. Project coordination. ' e. Procedures and Processing of: (1) Field decisions. (2) Substitutions. (3) Submittals. (4) Change Orders. (5) Applications for Payment. ' (6) Proposal Requests. (7) Contract Closeout. (8) Requests for Interpretation. (9) Field Orders. ' 01320 -Project Mtgs Sched & Reports.doc 01320— I SECTION 01320 - PROJECT MEETINGS, SCHEDULES, AND REPORTS (continued) ' (10) Work Change Directives. f. Procedures for maintaining record documents. g. Use of Premises: (1) Office, work, and storage areas. (2) Owner's requirements. h. Construction facilities, controls, and construction aids. i. Temporary utilities. j. Safety and first -aid. k. Security. 1. Distribution of Contract Documents 4. Location of Meeting: At or near the Project Site. 5. Reporting: a. Within 5 working days after the meeting, Engineer will prepare and distribute minutes of the meeting to Owner and Contractor. b. Contractor shall provide copies to Subcontractors and major Suppliers. B. Coordination Schedules Preliminary coordination schedule meeting shall be administered as specified in SECTION 01321. 2. The meeting shall be attended by: a. Contractor and his superintendent. b. At Engineer's option, representatives of principal Subcontractors and Suppliers. c. Engineer and Resident Project Representative if any. d. Owner's representative. C. Progress Meetings 1. Engineer shall schedule and conduct a meeting at least monthly and at other times requested by Engineer. Representatives of the Engineer, Resident Project Representative, and Contractor shall be present at each meeting. With Engineer's concurrence, Contractor may request attendance by representatives of Subcontractors, Suppliers, or other entities concerned with current program or involved with planning, coordination, or performance of future activities. All participants in the meeting shall be familiar with the Project and authorized to conclude matters relating to the Work. 2. Contractor and each Subcontractor represented shall be prepared to discuss the current construction progress report and any anticipated future changes to the schedule. Each Subcontractor shall comment on the schedules of Contractor and other Subcontractors and advise if their current progress or anticipated activities are compatible with that Subcontractor's Work. 3. If one Subcontractor is delaying another, Contractor shall issue such directions as are necessary to resolve the situation and promote construction progress. Meeting Agenda: a. Review of construction progress since previous meeting. b. Field observations, interface requirements, conflicts. c. Problems which impede construction schedule. d. Delivery schedules. e. Submittal schedules and status. f. Site use, I I LJ J I I J I I I I LI I I I I 01320 -Project Mtgs Sched & Reports.doc 01320— 2 ' I ISECTION 01320 — PROJECT MEETINGS, SCHEDULES, AND REPORTS (continued) ' g. Temporary facilities and services. h. Hours of Work. i. Hazards and risks. j. Housekeeping. k. Quality and Work standards. 1. Change Orders. m. Documentation of information for payment requests. In. Corrective measures and procedures to regain construction schedule if necessary. o. Revisions to construction schedule. ' p. Review of proposed activities for succeeding Work period. q. Review proposed Contract modifications for: (1) Effect on construction schedule and on completion date. (2) Effect on other contracts of the Project. r. Other business. 5. Location of Meetings: At or near Project Site. ' 6. Reporting: a. Within 5 working days after each meeting, Engineer shall prepare and distribute minutes of the meeting to Owner and Contractor. b. Contractor shall distribute copies to principal Subcontractors and ' Suppliers. D. Preinstallation Conferences: ' 1. Contractor shall conduct a preinstallation conference at the Project Site before each construction activity that requires coordination with other construction . ' 2. Installing Subcontractor, if any, shall attend the meeting. Advise Engineer of scheduled meeting dates. 3. Review the progress of other construction activities and preparations for the particular activity under consideration at each preinstallation conference, including requirements for the following: a. Contract Documents b. Options. ' c. Related Change Orders. d. Purchases. e. Deliveries. If. Time schedules. g. Weather limitations. h. Space and access limitations. Ii. Governing regulations. j. Safety. k. Protection. 4. Record significant discussions and agreements and disagreements of each conference. Distribute the minutes of the meeting within 3 working days after the meeting to everyone concerned, including the Engineer. 5. Do not proceed with the installation if disagreements arise during the conference which cannot be successfully resolved at the time. Contractor shall take actions necessary to resolve impediments to performance of Work and reconvene the conference at the earliest feasible date. 01320 -Project Mtgs Sched & Reports.doc 01320- 3 L SECTION 01320 - PROJECT MEETINGS, SCHEDULES, AND REPORTS (continued) I 1.03 SCHEDULES AND REPORTS: A. Initial Coordination Schedules Within 14 days after the "Schedule Requirements Meeting" as described in Section 01321- 1.03, submit preliminary network diagram to Engineer in accordance with SECTION 01321, and include: a. Preliminary cash requirement prediction. b. Preliminary schedule of Submittals as described in SECTION 01330. c. Preliminary procurement schedule of Equipment and Materials. B. Construction Progress Schedule: 1. Critical Path Method (CPM) schedule development and updating shall be as specified in SECTION 01321. C. Construction Progress Reports: 1. Submit a report on actual construction progress to Engineer on a monthly basis. More frequent reports may be required should the Work fall behind the accepted schedule. a. Format shall be on 11 x 17 -inch paper, submitted to Engineer in 3 copies 2. Construction progress reports shall consist of the revised construction progress schedule and a narrative report which shall include but not be limited to the following: a. Comparison of actual progress to planned progress shown on originally accepted schedule. b. Summary of activities completed since the previous construction progress report. c. Identification of problem areas. d. A description of current and anticipated delaying factors, if any. e. Impact of possible delaying factors. f. Proposed corrective actions. 3. Submit a construction progress report to Engineer with each application for partial payment. Work reported complete but not readily apparent to Engineer must be substantiated with supporting data when requested by Engineer. 4. If a schedule update reveals that, through no fault of Owner, the Work is likely to be completed later than the Contract completion date, Contractor shall: a. Establish a plan for making up lost time. b. Submit plan to Engineer before implementing the plan. c. Take actions as necessary to get the Work back on schedule at no additional cost to Owner. D. Schedule of Values 1. Submit as an output of the CPM Schedule described in SECTION 01321 as "Value Summaries." The "Value Summaries" shall have as their basis the "Preliminary Cash Requirement Prediction" specified above under Initial Coordination Schedules. E. Special Reports: 1. When an event of an unusual and significant nature occurs at the site, prepare and submit a special report. List the chain of events, persons participating, I I I I I Li I H I I I H I L I 01320 -Project Mtgs Sched & Reports.doc 01320-4 ' �i SECTION 01320 - PROJECT MEETINGS, SCHEDULES, AND REPORTS (continued) response by Contractor's personnel, an evaluation of the results or effects, and similar pertinent information. Advise the Engineer in advance when such events are known or predictable. ' 2. Submit original report to Engineer. PART 2- PRODUCTS — Not Used. PART 3- EXECUTION — Not Used. END OF SECTION 01320 I I I I I I I I I I ' 01320 -Project Mtgs Sched & Reports.doc 01320-5 I SECTION 01325 - CONSTRUCTION PHOTOGRAPHS IPART1- GENERAL 1.01 SUMMARY: ' A. This Section specifies administrative and procedural requirements for construction photographs. ' 1.02 SUBMITTALS: A. Submit photographs, tapes, films and electronic media as specified in SECTION 01330 - SUBMITTALS and in PART 3 — this Section. 1.03 QUALITY ASSURANCE: IA. Photographs may be taken by Contractor personnel provided the photographs are of sufficient quality, clarity, and content to adequately indicate the status and detail of the Work. If the quality and detail of the photographs taken by Contractor personnel is not adequate to clearly show the condition of the Work, the Contractor shall retain the services of a qualified and established commercial photographer experienced in construction photography. Engineer will make the final determination of the adequacy of the photographs. B. Audiovisual tapes or digital recordings may be taken by Contractor personnel provided they are of sufficient quality, clarity, and content to adequately and clearly indicate the ' status and detail of the Work as well as conditions before and after the construction activities. If the quality and detail of the recordings is not adequate to clearly show the condition and detail of the Work as well as conditions before and after the construction ' activities, Contractor shall retain the services of an established professional electrographer experienced in the production of color audio/video tape documentation of the construction industry. Engineer will make the final determination of the ' adequacy of the tapes and recordings. PART2- PRODUCTS ' 2.01 PHOTOGRAPHIC REQUIREMENTS: Specified in PART 3, this Section. PART3- EXECUTION 3.01 PROGRESS SITE PHOTOGRAPHS: A. Contractor shall be responsible for photographs of the Site to show the existing and ' general progress of the Work. Engineer will advise as to which views are of interest. Photographs shall be taken of the following areas and at the following times. 1. Existing Site conditions before Site work is started. Number of views shall be ' adequate to cover the Site. 2. Progress of the Work from clearing throughout construction. There shall be twenty-four (24) different views taken no more than five days before the date ' of the periodic Payment Application. 3. Finished Project after completion of Work. Number of views shall be adequate to show the finished Work. ' 01325-ConstrPhotos.doc 01325-1 I SECTION 01325 - CONSTRUCTION PHOTOGRAPHS (continued) 4. If Project is not completed during the Contract Times or authorized extensions, photographs shall continue to be taken at no increase in Contract Price. B. Construction photographs maybe either photographic prints or digital images. C. Photographic Prints: 1. All prints shall be color, smooth glossy finish, 5" x 7" in size taken with full frame 35 mm camera, and inserted into archival quality polypropylene photographic binder pages punched for insertion into a standard 3 -ring binder. Provide binders identified by Contract name and Contract number. D. Digital Images: 1. Submit a complete set of digital image electronic files with each submittal of photographic prints. a. Provide images in JPEG format, with minimum sensor size of 1.3 megapixels. b. Submit images that have same aspect ratio as the sensor, uncropped. E. Print Negatives: I. Negatives for 5" x 7" prints shall be protected by roll in negative sleeves. Negative sleeves shall be identified with Contract name and Contract number, date of exposure, roll number, or other general identifying information, and name of Contractor. F. Identification: 1. Identify each photographic print on the reverse side with a label which contains the Contract name and Contract number, date of exposure, and description of view. Prints shall also bear the photographer's name or trademark. 2. Identify electronic media with date digital photographs were taken. Provide a separate reference document which contains the Contract name and Contract number, date of exposure, and description of each referenced view. G. Provide three prints of each view. H. Deliver prints and electronic media files to Engineer. I. Deliver photographic negatives to Engineer. 3.02 AUDIO / VIDEO TAPE RECORDINGS: A. Audio / video recordings shall be made of the entire Site showing the condition of the Site or terrain previous to any alterations by Contractor and before disturbing of the Site is started. Existing utilities shall be marked and construction staking shall be in place before taping begins. A second audio / video recording shall be produced after completion of all construction operations, showing the same view or views as close as possible, to illustrate "before" and "after" conditions. This is the responsibility of Contractor. Three days' notice shall be given to Engineer and Owner prior to this Work to allow them to accompany electrographer. B. The principal reason for producing video tapes is so that condition of site or other problems along the construction route may be more clearly shown and recorded. This will to some degree preclude the possibility of post construction litigation with property owners adjacent to the Work. Li I L,' I I L I I Li Li I I I 01325-Constr Photos.doc 01325-2 , U SECTION 01325 - CONSTRUCTION PHOTOGRAPHS (continued) IC. All required equipment, accessories, materials, and labor for the timely production of this documentation shall be arranged/fumished through Contractor. 1. The audio / video system camera -recorder used by the electrographer shall ' have the following capabilities and features: a. VHS format for use with T-120 video tapes. b. Playback capability (in -the -field) with a B/W viewfinder built-in. c. Built-in microphone. Id. 6:1 zoom lens ratio with automatic focusing system and automatic iris. e. Electronic CCD or MOS image sensing system. f. Minimum Required Illumination: 7 lux or less. g. Television System Video ETA: 525 lines, 60 fields NTSC color signal. h. Video Horizontal Resolution: Color; more than 250 TV lines. i. Geometric Distortion shall not exceed 1.5 percent of picture height at any point in picture area. 2. The audio / video system shall be capable of producing bright, sharp, clear visual images which render accurate colors free from imperfections and ' distortions that might obscure recorded information during playback. The simultaneous audio record shall be made directly onto the original tapes, and shall record narration of the electrographer clearly and audibly, with adequate ' volume, free from unnecessary interruptions and distortions that might eliminate recorded information during playback. D. Zone of Influence: Unless otherwise indicated by Engineer or Owner, the "Zone of Influence" which might be affected by the construction operations and, therefore, shall be documented in these tape recordings, shall be whichever of the following includes the greatest area. ' 1. All areas within the temporary construction right-of-ways and grading limits, as indicated on the Contract Drawings. 2. The permanent easement for the completed improvements, as indicated on the Contract Drawings. ' 3. All areas within 35 feet of the proposed improvements with an additional 20 feet of supplemental coverage in residential areas. 4. All areas within the Project Site. ' E. Audio / Video Tape Production Procedures: 1. It is required that the audio / video tape recordings be produced while actually walking the construction route or site - NOT through the use of wheeled ' vehicles. 2. All video tape recordings shall display digital information continuously; this information shall include the current time and date, showing the month, day, and year. This information shall be audibly acknowledged by the electrographer at appropriate times during recording sequences. 3. Each recording tape shall begin with a visual of the professional electrographer's name or business trademark, followed by the current date and time on digital display, plus audible (and visual, if possible) indication of Contract name and numbers, municipality, name of Contractor, and other pertinent information. Thereafter, each recording sequence shall begin with the current time and date, followed by the location of the electrographer, direction of view, and description of the scene being recorded. Continuous updates of 01325-Constr Photos.doc 01325-3 I SECTION 01325 - CONSTRUCTION PHOTOGRAPHS (continued) this information, plus other pertinent comments, shall be given throughout the recording sequence. 4. Representatives of Engineer and Contractor shall accompany the electrographer during recording sessions, to assist with location of the alignment and areas of construction activity, and identification of items and conditions to be recorded. A log sheet showing the recording sequences shall be maintained and shall list the start and stop time I date for each sequence, plus a brief description of the areas documented. The end of each recording tape shall include a visual record of the original log sheet to preserve this information in the event of loss or damage. 5. All recordings shall be completed during periods of adequate lighting and visibility. Sufficient lighting must be available to provide proper illumination of shadowed areas, and proper exposure adjustments shall be made where required. No taping shall be completed during precipitation, mist, fog, or when more than 10% of the ground surface has snow cover. 6. Original audio / video tape recordings shall be furnished to Owner and a copy furnished to Engineer before the start of any construction. One copy shall be retained by Contractor. 7. Any portion of the videotape recording not conforming to the Specifications will be rejected. 8. Any taped coverage not acceptable to Owner shall be refilmed at no additional cost to Owner within five (5) days after notification of taping inadequacy. F. Ownership and Authenticity of Original Tapes: 1. All original audio / video tape recordings shall become the property of Owner, plus one duplicate of each shall be provided to Engineer. Each tape shall be provided in a protective sleeve or case, identified as to Contract name and number, production date of original recording, name of Contractor, and electrographer's name or trademark. A legible copy of the log shall be included. 3.03 ADDITIONAL PHOTOGRAPHS: A. From time to time Engineer may issue requests for additional photographs, in addition to periodic photographs specified. Additional photographs will be paid for by Change Order, and are not included in the Contract Price or an Allowance. 1. Engineer will give the photographer 3 days' notice, where feasible. 2. In emergency situations, the photographer shall take additional photographs within 24 hours of Engineer's request. 3. Circumstances that could require additional photographs include, but are not limited to: Substantial Completion of a major phase or component of Work. Owner's or Engineer's request for special publicity photographs. Special events planned at Project Site. Immediate follow-up when on -site events result in construction damage or losses. Photographs to be taken at fabrication locations away from Project Site. Extra record photographs at time of final acceptance. END OF SECTION 01325 I I I I J I I I I I I Li L I Li 01325-Constr Photos.doc 01325-4 , I SECTION 01330 - SUBMITTALS IPART1- GENERAL 1.01 SUMMARY: A. This Section includes definitions, descriptions, transmittal, and review of Submittals. B. Related Work Specified Elsewhere: 1. Project Meetings, Schedules, and Reports: SECTION 01320. 2. Construction Photographs: SECTION 01325. 3. Contract Closeout: SECTION 01780. 1.02 GENERAL INFORMATION: A. Definitions: I1. Shop Drawings, product data, and Samples are technical Submittals prepared by Contractor, Subcontractor, manufacturer, or Supplier and submitted by Contractor to Engineer as a basis for approval of the use of Equipment and ' Materials proposed for incorporation in the Work or needed to describe installation, operation, maintenance, or technical properties. a. Shop Drawings include custom -prepared data of all types including ' drawings, diagrams, performance curves, material schedules, templates, instructions, and similar information not in standard printed form applicable to other projects. ' b. Product data includes standard printed information on materials, products, and systems; not custom -prepared for this Project, other than the designation of selections from available choices. ' c. Samples include both fabricated and unfabricated physical examples of materials, products, and Work; both as complete units and as smaller portions of units of Work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. Mock-ups are a special ' form of Samples which are too large to be handled in the specified manner for transmittal of Sample Submittals. 2. Informational Submittals are those technical reports, administrative Submittals, certificates, and guarantees not defined as Shop Drawings, product data, or Samples. a. Technical reports include laboratory reports, tests, technical procedures, ' technical records, and Contractor's design analysis. b. Administrative Submittals are those nontechnical Submittals required by the Contract Documents or deemed necessary for administrative records. ' These Submittals include maintenance agreements, Bonds, Project photographs, physical work records, statements of applicability, copies of industry standards, Project record data, security/protection/safety data, and similar type Submittals. c. Certificates and guarantees are those Submittals on Equipment and Materials where a written certificate or guarantee from the manufacturer or Supplier is called for in the Specifications. 3. Refer to ARTICLES 1.03 and 1.04 of this Part for detailed lists of documents and specific requirements. I ' 01330 -Submittals 01330-1 SECTION 01330 - SUBMITTALS (continued) Quality Requirements Submittals such as Shop Drawings and product data shall be of suitable quality for legibility and reproduction purposes. Every line, character, and letter shall be clearly legible. Drawings such as reproducibles shall be useable for further reproduction to yield legible hard copy. 2. Documents submitted to Engineer that do not conform to specified requirements shall be subject to rejection. Contractor shall resubmit conforming documents. If conforming Submittals cannot be obtained, such documents shall be retraced, redrawn, or photographically restored as may be necessary to meet such requirements. Contractor's (or his Subcontractor's) failure to initially satisfy the legibility quality requirements will not relieve Contractor (or his Subcontractors) from meeting the required schedule for Submittals. Language and Dimensions I. All words and dimensional units shall be in the English language. 2. Metric dimensional unit equivalents may be stated in addition to the English units. However, English units of measurement shall prevail. Submittal Completeness: 1. Submittals shall be complete with respect to dimensions, design criteria, materials of construction, and other information specified to enable Engineer to review the information effectively. 2. Where standard drawings are furnished which cover a number of variations of the general class of Equipment, each drawing shall be annotated to indicate exactly which parts of the drawing apply to the Equipment being furnished. Use hatch marks to indicate variations that do not apply to the Submittal. The use of "highlighting markers" will not be an acceptable means of annotating Submittals. Annotation shall also include proper identification of the Submittal permanently attached to the drawing. 3. Reproductions or copies of Contract Drawings or portions thereof will not be accepted as complete fabrication or erection drawings. Contractor may use a reproduction of Contract Drawings for erection drawings to indicate information on erection or to identify detail drawing references. Whenever the Drawings are revised to show this additional Contractor information, Engineer's title block shall be replaced with a Contractor's title block, and Engineer's professional seal shall be removed from the drawing. The Contractor shall revise these erection drawings for subsequent Engineer revisions to the Contract Drawings. TECHNICAL SUBMITTALS: Items shall include, but not be limited to, the following: I. Suppliers' specifications Catalogs, or parts thereof, of materials. Construction layout drawings. Bills of material. SECTION 01330 - SUBMITTALS (continued) ' 5. All drawings, catalogs or parts thereof, manufacturer's specifications and data, samples, instructions, and other information specified or necessary: a. For Engineer to determine that the Materials conform with the design ' concept and comply with the intent of the Contract Documents. b. For the proper installation and maintenance of the Materials which Engineer will review for general content but not for basic details. B. Schedule of Submittals: 1. Prepare for Engineer's concurrence, a schedule for submission of all Submittals specified or necessary for Engineer's approval of the use of Equipment and Materials proposed for incorporation in the Work or needed for proper installation, operation, or maintenance. Submit the schedule with the procurement schedule and construction progress schedule. Schedule ' submission of all Submittals to permit review, fabrication, and delivery in time so as to not cause a delay in the Work of Contractor or his Subcontractors or any other contractors as described herein. 2. In establishing schedule for Submittals, allow 22 days after submittal to Engineer for reviewing original Submittals and 17 days after submittal to Engineer for reviewing resubmittals. 3. The schedule shall indicate the anticipated dates of original submission for each item and Engineer's approval thereof, and shall be based upon at least one resubmission of each item. 4. Resubmit Submittals the number of times required for Engineer's "Submittal ' Approved." However, any need for resubmittals in excess of the number set forth in the accepted schedule, or any other delay in obtaining approval of Submittals, will not be grounds for extension of the Contract Times, provided ' Engineer completes his reviews within the times specified. C. Transmittal of Submittals: 1. All Submittals for Equipment and Materials furnished by Contractor, ' Subcontractors, manufacturers, and Suppliers shall be submitted to Engineer by Contractor. 2. After checking and verifying all field measurements, transmit all Submittals to Engineer for approval as follows: a. Submittal Information Block: (1) Affix to all paper copies whether Submittal is prepared by Contractor, Subcontractor, or Supplier. Use transparent decal type Submittal Information Blocks for Shop Drawings and use gummed paper type for product data Submittals. ' (2) An example of the Submittal Information Block is included as an appendix to this Section. b. Mark each Submittal by Project name and number, Contract title and number, and the applicable Specification Section and Article number. ' Include in the letter of transmittal the Drawing number and title, sheet number (if applicable), revision number, and electronic filename (if applicable). Unidentified Submittals will be returned for proper identification. c. Check and include Contractor's approval for Submittals of Subcontractors, Suppliers, and manufacturers prior to transmitting to Engineer. Contractor's approval shall constitute a representation to 01330 -Submittals 01330-3 11 SECTION 01330 - SUBMITTALS (continued) Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or Contractor assumes full responsibility for doing so, and that Contractor has coordinated each Submittal with the requirements of the Work and the Contract Documents. I. At the time of each submission, call to the attention of Engineer in the letter of transmittal any deviations from the requirements of the Contract Documents. Make all modifications noted or indicated by Engineer and return revised Submittals until approved. Direct specific attention in writing, or on revised Submittals, to changes other than the modifications called for by Engineer on previous Submittals. After paper copy Submittals have been approved, submit copies thereof for final distribution. Previously approved Submittals transmitted for final distribution will not be further reviewed and are not to be revised. f Following completion of the Work and prior to final payment, furnish record documents and approved Samples and Shop Drawings necessary to indicate "as constructed" conditions, including field modifications, in the number of copies specified. Furnish additional copies for insertion in Equipment instruction books and operating manuals as required. All such copies shall be clearly marked "PROJECT RECORD." g. Keep a copy or sample of each Submittal in good order at the Site. Quantity Requirements: a. Except as otherwise specified, transmit all Submittals in the following quantities: (1) Initial Submittal: (a) Paper — 6 copies to Engineer. 3 copies will be returned to Contractor. (2) Resubmittals: (a) Paper — 6 copies to Engineer. 3 copies will be returned to Contractor. (3) Submittal for final distribution: (a) Paper — 3 copies plus the number required by Contractor, to Engineer. (4) As -constructed documents: (a) Paper — 3 copies to Engineer. b. Transmit Submittals for reference only: (1) Paper —4 copies to Engineer. D. Engineer's Review 1. Engineer will review and return Submittals to Contractor with appropriate notations. Instruction books and similar Submittals will be reviewed by Engineer for general content but not for basic details. 2. Work requiring a Submittal shall not be commenced or shipped until the Submittal has been marked "Submittal Approved" or "Submittal Approved as Noted" by Engineer. 3. Engineer's approval of Submittals will not relieve Contractor from Contractor's responsibility as stated in the GENERAL CONDITIONS. I I I I 1 I I I I I I I I J I 01330 -Submittals 01330-4 I Ii I I I I I SECTION 01330 - SUBMITTALS (continued) E. Submittal Action Stamp Engineer's review action will appear on all Submittals of Contractor when returned by Engineer to Contractor. Review status designations listed on submittal action stamp are defined as follows: A — SUBMITTAL APPROVED: Signifies Equipment or Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents and is approved for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related Work. Copies of the Submittal are to be transmitted to Engineer for final distribution. B — SUBMITTAL APPROVED AS NOTED (RESUBMIT): Signifies Equipment and Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents and is approved for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with fabrication or procurement of the items and with related Work in accordance with Engineer's notations and is to submit a revised Submittal responsive to notations marked on the returned Submittal or written in the letter of transmittal. • ' C — SUBMITTAL RETURNED FOR REVISION (RESUBMIT): Signifies Equipment and Material represented by the Submittal appears to conform with the design concept and comply with the intent of the Contract I- Documents but information is either insufficient in detail or contains discrepancies which prevent Engineer from completing his review. Contractor is to resubmit revised information responsive to Engineer's annotations on the returned Submittal or written in the letter of transmittal. Fabrication or procurement of items represented by the Submittal and related Work is not to proceed until the Submittal is approved. L I I I I I D — SUBMITTAL NOT APPROVED (SUBMIT ANEW): Signifies Equipment and Material represented by the Submittal does not conform with the design concept or comply with the intent of the Contract Documents and is disapproved for use in the Work. Contractor is to provide Submittals responsive to the Contract Documents. E — PRELIMINARY SUBMITTAL: Signifies Submittals of such preliminary nature that a determination of conformance with the design concept or compliance with the intent of the Contract Documents must be deferred until additional information is furnished. Contractor is to submit such additional information to permit layout and related activities to proceed. F — FOR REFERENCE, NO APPROVAL REQUIRED: Signifies Submittals which are for supplementary information only; pamphlets, general information sheets, catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the intent of the Contract Documents. Engineer reviews such Submittals for general content but not for basic details. 01330 - Submittals 01330— 5 11 SECTION 01330- SUBMITTALS (continued) 2. 'G - DISTRIBUTION COPY (PREVIOUSLY APPROVED): Signifies Submittals which have been previously approved and are being distributed to Contractor, Owner, Resident Project Representative, and others for coordination and construction purposes. PART 2- PRODUCTS - NOT USED. PART 3- EXECUTION - NOT USED. END OF SECTION 01330 I I I I I I I I I U I 01330 -Submittals 01330-6 , I I I I P U SUBMITTAL INFORMATION BLOCK Contractor fill in all blanks without preprinted information Project Name Fayetteville, Arkansas Wastewater System Improvement Project Number FV316WLR Contract Title Contract No. Spec. Sect. No. Art. No. Contractor's Approval (See Contract Documents) Contractor II 1 Approved By Date U I I [] not send drawing to Engineer Contractor fill in this block on all Submittals For the use of Engineer Engineer Record Stamp Engineer's Action (See Contract Documents) Date Received Initials & Date Initials & Date D For the use of the 1. Use this Submittal Information Block on all Shop Drawings, whether prepared by Contractor, Subcontractor, or Supplier. Place as near as possible to the drawing title in the lower right comer. 2. Affix the Submittal Information Blocks to all "product data" type Submittals immediately inside the front cover. ' 01330.01 Submittal Information Block.doc 01330.01-1 [1 SECTION 01420 - DEFINITIONS AND STANDARDS IPART1- GENERAL 1.01 SUMMARY: 1 A. Definitions: 1. Basic contract definitions used in the Contract Documents are defined in the GENERAL CONDITIONS. Definitions and explanations are not necessarily either complete or exclusive, but are general for the Work. 2. General Requirements are the provisions or requirements of DIVISION 1 Sections, and which apply to the entire Work of the Contract. B. Related Information Specified Elsewhere: Specification standards and associations applicable to the Work are specified in each Section. 1.02 SPECIFICATION FORMAT AND CONTENT EXPLANATIONS: A. Specification Format: The Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's (CSI) Section Format and MasterFormat numbering system. Some portions may not fully comply and no particular significance will be attached to such compliance or noncompliance. 1. Divisions and Sections: For convenience, a basic unit of Specification text is a "Section," each unit of which is numbered and named. These are organized with related Sections, into "Divisions," which are recognized as the present ' industry consensus on uniform organization and sequencing of Specifications. The Section title is not intended to limit meaning or content of Section, nor to be fully descriptive of requirements specified therein, nor to be an integral part of text. 2. Section Numbering: Used for identification and to facilitate cross-references in Contract Documents. Sections are placed in numeric sequence; however, numbering sequence is not complete, and listing of Sections in Table of ' Contents at beginning of the Project Manual must be consulted to determine numbers and names of Specification Sections in these Contract Documents. 3. Page Numbering: Numbered independently for each Section. Section I. number is shown with page number at bottom of each page, to facilitate location of text. 4. Parts: Each Section of Specifications generally has been subdivided into ' three basic "parts" for uniformity and convenience (PART 1 - GENERAL, PART 2- PRODUCTS, and PART 3 - EXECUTION). These "Parts" do not limit the meaning of text within. Some Sections may not contain all three • "Parts" when not applicable, or may contain more than three "Parts" to add clarity to organization of Section. 5. Underscoring of Titles: Used strictly to assist reader of Specification in ' scanning text for key words in content. No emphasis on or relative importance is intended except where underscoring may be used in body of text to emphasize a duty, critical requirement, or similar situation. 6. Project Identification: Project file number and identification are recorded at ' bottom of each page of Specifications to minimize possible misuse of Specifications, or confusion with other Project Specifications. i 01420 -Definitions & Standards.doc 01420 —1 SECTION 01420 - DEFINITIONS AND STANDARDS (continued) ' B. Specification Content: 1. These Specifications apply certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: a. Imperative and Streamlined Language: These Specifications are written in imperative and abbreviated form. This imperative language of the technical Sections is directed at the Contractor, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting "shall," "the Contractor shall," and "shall be," and similar mandatory phrases by inference in the same manner as they are applied to notes on the Drawings. The words "shall be" shall be supplied by inference where a colon (:) is used within sentences or phrases. Except as worded to the contrary, fulfill (perform) all indicated requirements whether stated imperatively or otherwise. b. Specifying Methods: The techniques or methods of specifying requirements varies throughout text, and may include "prescriptive," "compliance with standards," "performance," "proprietary," or a combination of these. The method used for specifying one unit of Work has no bearing on requirements for another unit of Work. c. Overlapping and Conflicting Requirements: Where compliance with two or more industry standards or sets of requirements is specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, notify Engineer for a decision as specified in GENERAL CONDITIONS. d. Abbreviations: Throughout the Contract Documents are abbreviations implying words and meanings which shall be appropriately interpreted. Specific abbreviations have been established, principally for lengthy technical terminology and in conjunction with coordination of Specification requirements with notations on Drawings and in schedules. These are normally defined at first instance of use. Organizational and association names and titles of general standards are also abbreviated. C. Assignment of Specialists: In certain instances, Specification text requires that specific Work be assigned to specialists in the operations to be performed. These specialists shall be engaged for performance of those units of Work, and assignments are requirements over which Contractor has no choice or option. These assignments shall not be confused with, and are not intended to interfere with, enforcement of building codes and similar regulations governing the Work, local trade and union jurisdictions, and similar conventions. Nevertheless, final responsibility for fulfillment of Contract requirements remains with Contractor. D. Trades: Except as otherwise specified or indicated, the use of titles such as "carpentry" in Specification text, implies neither that the Work must be performed by an accredited or unionized tradesperson of corresponding generic name (such as "carpenter"), nor that specified requirements apply exclusively to work by tradespersons of that corresponding generic name. I 01420 -Definitions & Standards.doc 01420-2 ' 0 ' SECTION 01420 - DEFINITIONS AND STANDARDS (continued) 1.03 DRAWING SYMBOLS: A. Except as otherwise indicated, graphic symbols used on Drawings are those symbols ' recognized in the construction industry for purposes indicated. Refer instances of uncertainty to Engineer for clarification. 1.04 INDUSTRY STANDARDS: ` A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents. Such standards are made a part of the Contract Documents by reference and are stated in each Section. 1. Referenced standards, referenced directly in Contract Documents or by governing regulations, have precedence over nonreferenced standards which are recognized in industry for applicability to the Work. 2. Where compliance with an industry standard is required, standard in effect shall be as stated in GENERAL CONDITIONS. 3. Where an applicable code or standard has been revised and reissued after the date of the Contract Documents and before performance of Work affected, the Engineer will decide whether to issue a Change Order to proceed with the updated standard. 4. In every instance the quantity or quality level shown or specified shall be the minimum to be provided or performed. The actual installation may comply exactly, within specified tolerances, with the minimum quantity or quality specified, or it may exceed that minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for the context of the requirements. Refer instances of uncertainty to the Engineer for a decision before proceeding. 5. Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. a. Where copies of standards are needed for performance of a required construction activity, Contractor shall obtain copies directly from the publication source. B. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. PART 2- PRODUCTS — Not Applicable. PART 3- EXECUTION — Not Applicable. ' END OF SECTION 01420 I 01420 -Definitions & Standards.doc 01420 - 3 I SECTION 01520 - FIELD OFFICES AND SHEDS IPART1- GENERAL 1.01 SUMMARY: A. This Section includes requirements for temporary field offices and other structures required for office and storage space required by Contractor and Engineer. B. Related Work Specified Elsewhere: 1. Equipment and Materials: SECTION 01600. 2. Temporary Utilities and Facilities: SECTION 01560. PART2- PRODUCTS 2.01 FIELD OFFICES: A. General: 1. Provide trailers, mobile buildings, or buildings constructed with floors raised aboveground, with steps, landings, and railings at entrance doors. 2. Buildings shall be structurally sound, secure, and weathertight. 3. Provide appropriate type fire extinguishers at each office and storage area. 4. Maintain offices during progress of the Work. 5. Install office spaces ready for occupancy 20 (twenty) days after date stated in Notice to Proceed. 1 B. Contractor's Office: 1. Provide a field office for Contractor's superintendent on the Site. 2. It shall be of size required for general use, with lights, heat, furnishings, telephone service, and other necessary facilities and utilities required by Contractor's operations. ' 2.02 STORAGE SHEDS AND TRAILERS: A. On Site: 1. Provide temporary buildings or trailers needed for storage of Equipment and Materials installed under this Contract and those furnished by Owner or others under separate contract. 2. Provide ventilation and heating as required by Equipment and Material stored. B. Off Site: 1. Advise Engineer of any arrangements made for storage of Equipment and Materials in a place other than Owner's Site. Furnish evidence of insurance coverage with Application for Payment in conformance with the GENERAL CONDITIONS. I I ' 01520 -Field Offices & Sheds.doc 01520—I I SECTION 01520 - FIELD OFFICES AND SHEDS (continued) I PART 3- EXECUTION I 3.01 LOCATION, INSTALLATION AND MAINTENANCE: A. General: I I. Place temporary buildings, trailers, and stored materials in locations acceptable to Owner, Engineer or Wetland Scientist. 2. Install field offices and sheds to resist winds and elements of the locality where installed. 3. Remove when no longer needed at the Site or when Work is completed. I 4. Keep approach walks free of leaves, mud, water, ice, or snow. 5. At completion of Work, remove temporary buildings and trailers, foundations (if any), utility services, and debris. 6. Prepare ground or paved areas as specified in applicable Sections. I END OF SECTION 01520 I I I I I I I I I I I 01520 -Field Offices & Sheds.doc 01520 —2 I I SECTION 01530 - TEMPORARY BARRIERS AND CONTROLS IPART1- GENERAL 1.01 SUMMARY: 1 A. This Section includes General Requirements for: 1. Safety and protection of Work. 2. Safety and protection of existing property. 3. Barriers. 4. Security. 5. Environmental controls. 6. Access roads and parking areas. 7. Traffic control and use of roadways. B. Related Work Specified Elsewhere: 1. Temporary Utilities and Facilities: SECTION 01560. ' PART 2- PRODUCTS — Not Used. PART 3- EXECUTION 3.01 SAFETY AND PROTECTION OF WORK AND PROPERTY: A. General: 1. Provide for the safety and protection of the Work as set forth in GENERAL CONDITIONS. Provide protection at all times against rain, wind, storms, frost, freezing, condensation, or heat so as to maintain all Work and Equipment ' and Materials free from injury or damage. At the end of each day, all new Work likely to be damaged shall be appropriately protected. 2. Notify Engineer immediately at any time operations are stopped due to conditions which make it impossible to continue operations safely or to obtain ' proper results. 3. Construct and maintain all necessary temporary drainage and do all pumping necessary to keep construction activity areas free of water. B. Property Other than Owner's: I. Provide for the safety and protection of property as set forth in the GENERAL CONDITIONS. Report immediately to the owners thereof and promptly repair damage to existing facilities resulting from construction operations. 2. Names and telephone numbers of representatives of agencies and utilities 1 having jurisdiction over streets and utilities in the Work area are listed below for Contractor's convenience. Concerned agencies or utilities shall be contacted a minimum of 48 hours prior to performing Work, closing streets and other traffic areas, or excavating near underground utilities or pole lines. a. Water b. Gas c. Sanitary sewers Id. Storm drains e. Pipeline companies f. Telephone g. Electric ' 01530 -Barriers & Temp Control.doc 01530— El SECTION 01530 - TEMPORARY BARRIERS AND CONTROLS (continued) h. Municipal streets i. State highways j. City engineer k. Fire 1. Police 3. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. 4. The applicable requirements specified for protection of the Work shall also apply to the protection of existing property of others. 5. Before acceptance of the Work by owner, restore all property affected by Contractor's operations to the original or better condition. 3.02 BARRIERS: A. General: I. Furnish, install, and maintain suitable barriers as required to prevent public entry, protect the public, and to protect the Work, existing facilities, trees, and plants from construction operations. Remove when no longer needed or at completion of Work. 2. Materials may be new or used, suitable for the intended purpose, but shall not violate requirements of applicable codes and standards or regulatory agencies. 3. Barriers shall be of a neat and reasonable uniform appearance, structurally adequate for the required purposes. 4. Maintain barriers in good repair and clean condition for adequate visibility. Relocate barriers as required by progress of Work. 5. Repair damage caused by installation and restore area to original or better condition. Clean the area. B. Fences I. Prior to the start of Work at the Project Site, install enclosure fence with suitably locked entrance gates. 2. Locate fence to enclose the entire Project Site, or that portion the Contractor establishes as required to encompass the construction operation. 3. Locate vehicular entrance gates in a suitable relation to construction facilities and to avoid interference with traffic on public thoroughfares. 4. Locate pedestrian entrance gates as required to provide controlled personnel entry, in a suitable relation to construction parking facilities. 5. Fence construction shall be chain -link type (as specified in DIVISION 2). C. Tree and Plant Protection: 1. Preserve and protect existing trees and plants at the Site which are designated to remain and those adjacent to the Site. 2. Provide temporary barriers around each, or around each group of trees and plants. Construct to a height of 6 feet around trees, and to a height to adequately protect plants. 3. Consult with Engineer and remove agreed -on roots and branches which will interfere with construction. Employ qualified tree surgeon to remove and to treat cuts. 4. Protect root zones of trees and plants as follows: a. Do not allow vehicular traffic or parking. I I I I I I I I I I I Li I 01530 -Barriers & Temp Control.doc 01530-2 1 I SECTION 01530 - TEMPORARY BARRIERS AND CONTROLS (continued) b. Do not store materials or products. c. Prevent dumping of refuse or chemically injurious materials or liquids. d. Prevent puddling or continuous running water. 5. Carefully supervise excavating, grading and filling, and subsequent construction operations to prevent damage. 6. Remove and replace, or suitably repair, trees and plants which are damaged or destroyed due to construction operations, and which were designated to remain. 3.03 ENVIRONMENTAL CONTROLS: A. Dust Control: 1. Provide positive methods and apply dust control materials to minimize raising dust from construction operations; and to prevent airborne dust from dispersing into the atmosphere. B. Water and Erosion Control: 1. Provide methods to control surface water to prevent damage to the Project, the ' Site, or adjoining properties. 2. Provide, operate, and maintain hydraulic equipment of adequate capacity to control surface and groundwater. ' 3. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the Site or to adjoining areas. C. Debris Control and Clean -Up: I. Keep the premises free at all times from accumulations of debris, waste materials, and rubbish caused by construction operations and employees. Responsibilities shall include: Pa. Adequate trash receptacles about the Site, emptied promptly when filled. b. Periodic cleanup to avoid hazards or interference with operations at the Site and to maintain the Site in a reasonably neat condition. ' 2. Prohibit overloading of trucks to prevent spillages on access and haul routes. Provide periodic inspection of traffic areas to enforce requirements. 3. Final cleanup is specified in SECTION 01780 - CONTRACT CLOSEOUT. • D. Pollution Control: 1. Provide methods, means, and facilities required to prevent contamination of soil, water, or atmosphere by the discharge of hazardous or toxic substances from construction operations. 2. Provide equipment and personnel, perform emergency measures required to contain any spillages, and remove contaminated soils or liquids. Excavate and 1 dispose of any contaminated earth off -Site in approved locations, and replace with suitable compacted fill and topsoil. 3. Take special measures to prevent harmful substances from entering public waters, sanitary, or storm sewers. 4. Adhere to the Spill Prevention Control and Countermeasures Plan (SPCCP) requirements of 40 CFR Part 112. I I 01530 -Barriers & Temp Control.doc 01530-3 I SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS (continued) 3.04 ACCESS ROADS AND PARKING AREAS: A. New Temporary On -Site Roads and Parking Areas: 1. Locate roads, drives, walks, and parking facilities to provide access to construction offices, mobilization, Work, storage areas, and other areas required for execution of the Contract. a. Consult with Engineer regarding any desired deviation therefrom. b. Size of parking facilities shall be adequate to provide for needs of Contractor's personnel, Resident Project Representatives, and visits to Site by Engineer and Owner, 2. Provide access for emergency vehicles. Maintain driveways a minimum of 15 feet wide between and around combustible materials in storage and mobilization areas. 3. Maintain traffic areas free of excavated materials, construction equipment, snow, ice, and debris. 4. Construct temporary bridges and culverts to span low areas and allow unimpeded drainage. 5. Keep fire hydrants and water control valves free from obstruction and accessible for use. 6. Construction: a. Clear areas required. b. Provide for surface drainage of facilities and surrounding areas. c. Maintain roads, walks, and parking areas in a sound, clean condition. Repair or replace portions damaged during progress of Work. B. Existing On -Site Roads and Parking Areas: 1. Designated existing on -Site roads may be used for construction traffic. a. Provide temporary additional roads as needed for required construction access. 3.05 TRAFFIC CONTROL AND USE OF ROADWAYS: A. Access to Site for Truck Traffic: All heavy truck and construction traffic to the construction site shall be from the north and NOT from the south through the City of Farmington. B. Traffic Control: 1. Provide, operate, and maintain equipment, services, and personnel, with traffic control and protective devices, as required to expedite vehicular traffic flow on haul routes, at Site entrances, on -Site access roads, and parking areas. This includes traffic signals and signs, flagmen, flares, lights, barricades, and other devices or personnel as necessary to adequately protect the public. 2. Remove temporary equipment and facilities when no longer required. 3. Provide and maintain suitable detours or other temporary expedients if necessary 4. Bridge over open trenches where necessary to maintain traffic. 5. Consult with governing authorities to establish public thoroughfares which will be used as haul routes and Site access. All operations shall meet the approval of owners or agencies having jurisdiction. I I I I LJ I I I I I H I I I 01530 -Barriers & Temp Control.doc 01530-4 1 I SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS (continued) I I I I I I I I I C. Maintenance of Roadways 1. Repair roads, walkways, and other traffic areas damaged by operations. Keep traffic areas as free as possible of excavated materials and maintain in a manner to eliminate dust, mud, and hazardous conditions. 2. All operations and repairs shall meet the approval of owners or agencies having jurisdiction. END OF SECTION 01530 01530 -Barriers & Temp Control.doc 01530-5 I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES PART1- GENERAL 1.01 SUMMARY: A. This Section includes requirements of a temporary nature not normally incorporated into final Work. It includes the following: 1. Utility services. 2. Construction and support facilities. 3. Construction aids. ' 4. Safety and health. 5. Fire protection. B. Related Work Specified Elsewhere: 1. Temporary Barriers and Controls: SECTION 01530. 2. Field Offices and Sheds: SECTION 01520. 1.02 REFERENCES: A. American National Standards Association (ANSI): 1. A10 Series — Safety Requirements for Construction and Demolition. 1 B. National Electrical Contractors Association (NECA): I. Electrical Design Library — Temporary Electrical Facilities. C. National Fire Protection Association (NFPA): 1. 10 — Portable Fire Extinguishers. 2. 70 — National Electrical Code. I 3. 241 — Safeguarding Construction, Alterations, and Demolition Operations. D. National Electrical Manufacturers Association (NEMA). E. Underwriters Laboratories (UL). 1.03 SUBMITTALS: A. Temporary Utilities: Submit reports of tests, inspections, meter readings, and similar procedures performed on temporary utilities. 1.04 QUALITY ASSURANCE: ' A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: I1. Building Code requirements. 2. Health and safety regulations. 3. Utility company regulations. 4. Police, Fire Department, and rescue squad rules. 5. Environmental protection regulations. B. Standards: I. Comply with NFPA 10 and 241, and ANSI AI0 Series standards "Temporary Electrical Facilities." 2. Comply with NEMA, NECA, and UL standards and regulations for temporary electric service. Install service in compliance with NFPA 70. 01560 -Temp Utilities & Facilities.doc 01560-1 I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) ' C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. 1.05 PROJECT CONDITIONS: A. Temporary Utilities: Prepare a schedule indicating dates for implementation and termination of each temporary utility. At the earliest feasible time, when acceptable to Owner, change over from use of temporary service to use of the permanent service. B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous, dangerous, unsanitary conditions, or public nuisances to develop or persist on the Site. PART2- PRODUCTS 2.01 MATERIALS AND EQUIPMENT: I A. Provide new materials and equipment. If acceptable to Engineer, undamaged previously used materials and equipment in serviceable condition may be used. Provide materials and equipment suitable for the use intended, of capacity for required usage, and meeting applicable codes and standards. Comply with requirements of DIVISIONS 2 through 16. B. Water: Provide potable water approved by local health authorities. C. Water Hoses: Provide 3/4 -inch (19 -mm), heavy-duty, abrasion -resistant, flexible rubber hoses 100 feet (30 m) long, with pressure rating greater than the maximum pressure of the water distribution system. Provide adjustable shutoff nozzles at hose discharge. D. Electrical Outlets: Provide properly configured, NEMA-polarized outlets to prevent insertion of 110- to 120V plugs into higher voltage outlets. Provide receptacle outlets equipped with ground -fault circuit interrupters, reset button, and pilot light for connection of power tools and equipment. E. Electrical Power Cords: Provide grounded extension cords. Use hard -service cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length -voltage ratio. F. Lamps and Light Fixtures: Provide general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered -glass enclosures where exposed to breakage. Provide exterior fixtures where exposed to moisture. G. Heating Units: Provide temporary heating units that have been tested and labeled by UL, FM, or another recognized trade association related to the type of fuel being consumed. H. Fire Extinguishers: Provide hand -carried, portable, UL -rated, Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide 01560 -Temp Utilities & Facilities.doc 01560-2 I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) hand -carried, portable, UL -rated, Class ABC, dry -chemical extinguishers or a combination of extinguishers of NFPA-recommended classes for the exposures. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class of fire exposure. PART 3- EXECUTION 3.01 TEMPORARY UTILITIES: A. General: I. I. Engage the appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with utility company recommendations. 2. Provide adequate utility capacity at each stage of construction. Prior to availability of temporary utilities at the site, provide trucked -in services as required for start-up of construction operations. 3. Obtain and pay for temporary easements required to bring temporary utilities to the Project Site, where the Owner's permanent easement cannot be used for that purpose. 4. Furnish, install, and maintain temporary utilities required for adequate construction, safety, and security. Modify, relocate, and extend systems as Work progresses. Repair damage caused by installation or use of temporary facilities. Grade the areas of Site affected by temporary installations to required elevations and grades, and clean the area. Remove on completion of Work or until service or facilities are no longer needed or are replaced by ' authorized use of completed permanent facilities. 5. The types of temporary construction utilities and facilities required include, but not by way of limitation, water distribution, drainage, dewatering equipment, enclosure of Work, heat, ventilation, electrical power distribution, lighting, hoisting facilities, stairs, ladders, and roads. 6. Inspect and test each service before placing temporary utilities in use. Arrange for required inspections and tests by governing authorities, and obtain required certifications and permits for use. 7. Materials used for temporary service shall not be used in the permanent system unless so specified or acceptable to Engineer. 3.02 TEMPORARY ELECTRICITY AND LIGHTING: A. New Service: 1. Arrange with utility company and provide service required for power and lighting. a. Power Source: Ozarks Electric Cooperative Corporation located at 3641 ' Wedington Drive, Fayetteville, Arkansas. 2. Connect temporary service in a manner directed by utility company officials. Provide separate meter for metering of power used by all entities authorized to be at or perform Work at the Project Site. 3. The electric service shall be of sufficient capacity and characteristics for the various construction tools, machinery, lights, heating and air conditioning, pumps, and other tools required by Contractor and his Subcontractors. 01560 -Temp Utilities & Facilities.doc 01560-3 I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) 3.03 3.04 Ci 4. Provide weatherproof, grounded, power distribution system sufficient to accommodate construction operations requiring power, use of power tools, electrical heating, and lighting. Provide overload protection. Locate multiple outlets spaced so that entire area of construction can be reached by power tools on a single extension cord of 100 -foot maximum length. Supply power for electric welding, if any, from either temporary power distribution system or by engine -driven, power -generator sets at Contractor's option. 5. Provide all necessary temporary wiring, panelboards, switches, outlets, and other devices so that power and lighting is available throughout the construction area. Include meters, transformers, overload protection disconnects, automatic ground fault interrupters, and main distribution switch gear. Include overcurrent protection on all conductors of the temporary system. 6. Provide adequate artificial lighting for all areas of Work when natural light is not adequate for Work. a. Sufficient light shall be provided for general construction areas and floor areas, with additional sufficient lighting for specific tasks and to meet safety requirements. Costs of Installation and Operation: 1. Pay fees and charges for permits and applications. 2. Pay costs of installation, maintenance, removal of temporary services, and restoration of any permanent facilities used. 3. Pay costs of electrical power used. 4. Obtain and pay costs for temporary easements required across properties other than that of Owner. TEMPORARY HEAT AND VENTILATION: A. General: I . Provide temporary heat, ventilation and cooling as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials, and to protect materials and finishes from damage. Protect from adverse affects of low temperatures or high humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. Methods of heating and fuel shall be suitable for particular purposes. Portable heaters shall be standard approved units with controls. B. Costs of Installation and Operation I. Pay fees and charges for applications, permits, and inspections. 2. Pay costs of installation, operation, maintenance, removal of equipment, and restoration of existing or permanent facilities if used. 3. Pay cost of power and fuel used. TEMPORARY WATER: A. New Service: 1. Arrange with utility service company to provide water for construction purposes. I I I I I H El I I I I I H 01560 -Temp Utilities & Facilities.doc 01560-4 1 I I I I I I I El I I I I I I I I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) 2. Water Source: City of Fayetteville located at City of Fayetteville Administration Building. 3. Connect service to water main in a manner directed by utility company officials. Provide with meter and shut off valve near connection to the water main. 4. Size water service to provide adequate volume for all anticipated construction uses, and to maintain minimum required pressure. 5. Prevent freezing of water distribution system. Maintain hose connections and outlet valves in leakproof condition. 6. Sterilize temporary water piping prior to use. B. Use of Existing System: I. Owner's existing system may be used for temporary water. 2. Make connections to existing facilities to provide water for construction purposes. a. Water Source: Make connections to Owner's service located at point indicated or where instructed by Owner. 3. Modify, supplement, and extend system as necessary to meet temporary water requirements and prevent overloading of existing system. 4. Regulate system to prevent interference with Owner's usage. C. Costs of Installation and Operation: 1. Pay all costs for installation, maintenance, and removal. 2. Pay costs for water used. 3.05 TEMPORARY TELEPHONE SERVICE: A. General: 1. Arrange with local telephone service company and provide direct line telephone service at the construction Site for the use of construction personnel and employees. a. Telephone Service: SBC-Arkansas Company located at 1-800-64- 7928. B. Costs of Installation and Operation: 1. Pay all costs for installation, maintenance and removal, and service charges for local calls. Toll charges shall be paid by the party who places the call. 3.06 TEMPORARY SANITARY FACILITIES: A. Contractor -Furnished Facilities: 1. Furnish, install, and maintain temporary sanitary facilities for use through construction period. Remove on completion of Work. 2. Provide for all construction workers under this Contract and representatives at the Site. 3. Toilet facilities shall be of the chemical, aerated recirculation, or combustion type, properly vented, and fully enclosed with a glass- fiber -reinforced polyester shell or similar nonabsorbent material. 4. Wash Facilities: Install potable water -supplied wash facilities at locations convenient to construction personnel involved in the handling of compounds and materials where wash-up is necessary to maintain a safe, healthy and I01560 -Temp Utilities & Facilities.doc 01560 - 5 I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) I sanitary condition. Where recommended or required by governing authorities and regulations or recognized standards provide emergency safety showers, emergency eye -wash fountains, showers, and similar facilities. Dispose of drainage properly. Supply soap and other cleaning compounds appropriate for each condition. 5. Drinking Water Fixtures: Provide containerized tap -dispenser type drinking water units. 6. Supply and maintain toilet tissue, paper towels, paper cups and similar disposable materials as appropriate for each facility. Provide appropriate covered waste containers for used material. B. Use of Permanent Facilities: 1. Permanent sanitary facilities shall not be used by construction personnel. 3.07 SEWERS AND DRAINAGE: I A. General: Where sewers or drainage facilities are not available for discharge of effluent, provide containers to remove and dispose of effluent off the Site in a lawful manner. If existing sewers are available for temporary drainage near the Site prior to completion of permanent sewers, provide temporary connections to remove effluent that can be lawfully discharged into the sewers. If existing sewers cannot be used for discharge, provide drainage ditches, dry wells, waste stabilization ponds, and similar discharge facilities to remove effluent that can be lawfully discharged in that manner. 3.08 TEMPORARY CONSTRUCTION AIDS: A. General: 1. Provide construction aids and equipment required by personnel and to facilitate the execution of the Work; scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, hoists, cranes, chutes, and other such facilities and equipment. 2. Materials may be new or used, must be suitable for the intended purpose, and meet the requirements of applicable codes, regulations, and standards. 3. When permanent stair framing is in place, provide temporary treads, platforms, and railings for use by construction personnel. 3.09 TEMPORARY SAFETY AND HEALTH: A. General: Contractor shall be responsible for development of safety and health , programs for personnel at Project Site as specified in the GENERAL CONDITIONS. 3.10 TEMPORARY FIRE PROTECTION: A. General: I. Contractor shall be responsible for development of a fire prevention and protection program for all Work under this Contract. 2. The program shall comply with the applicable provisions for safety and protection as set forth in the GENERAL CONDITIONS and with applicable parts of the NFPA 10 and 241. I 01560 -Temp Utilities & Facilities.doc 01560-6 , I SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES (continued) 3. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near such usable stairwell. 4. Store combustible materials in containers in fire -safe locations. 5. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 6. Post warning and instructions at each extinguisher location, and instruct construction personnel on proper use of extinguishers and other available facilities at Project Site. Post local fire department telephone number on or near each telephone instrument at Project Site. 3.11 INSTALLATION AND REMOVAL: IA. Relocation: Relocate construction aids as required by progress of construction, storage limitations, or Work requirements and to accommodate requirements of Owner and other contractors at the Site. B. Removal: Remove temporary materials, equipment, and services when construction needs can be met and allowed by use of permanent construction, or at completion of ' the Project. C. Repair: Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations for construction aids. 2. Grade the areas of the Site affected by temporary installations to required elevations and clean the area. END OF SECTION 01560 I Li I [1 I i 1 01560 -Temp Utilities & Facilities.doc 01560-7 U SECTION 01580 - PROJECT IDENTIFICATION AND SIGNS ' PART 1- GENERAL 1.01 SUMMARY: A. This Section includes basic requirements for temporary Project identification and informational signs required during construction. B. Related Work Specified Elsewhere: 1. Submittals: SECTION 01330. • 1.02 QUALITY ASSURANCE: A. Design sign and structure to withstand wind and environmental conditions of ' locality. Provide with finish adequate to withstand weathering, fading, chipping, and peeling for duration of construction. 1.03 SUBMITTALS: iA. Submit as specified in SECTION 01330. B. Includes, but not limited to, the following: 1. Shop Drawings and product data as applicable. 2. Show content, layout, lettering, colors, structure, and foundation. PART2- PRODUCTS 2.01 IDENTIFICATION SIGNS: A. Project Identification: 1. Construct to design, size, and material indicated. 2. Construct structure and framing of wood or metal, structurally adequate to I. resist design requirements of locality. 3. Construct sign surface of minimum 3/4 -inch thickness exterior grade plywood with medium density overlay. Panels shall be of size to minimize joints. Overall size shall be 4 feet x 8 feet. 4. Rough hardware shall be galvanized or aluminum. 5. Information Content: a. Project title, logo, and name of Owner as shown on Contract Documents. b. Names and titles of authorities. c. Name and title of Engineer. Id. Name of prime Contractor and major Subcontractors. B. Contractor Identification: If not part of Project identification sign, provide and install Contractor's standard sign. C. Engineer Identification: Engineer will furnish, install, and maintain his own signs. n 1] I01580 -Project Ident & Signs.doc 01580—i I SECTION 01580 - PROJECT IDENTIFICATION AND SIGNS (continued) I 2.02 INFORMATIONAL SIGNS: I A. Construction: 1. This includes signs for traffic, construction workers, and general public in regards to directions, warnings, hazards, locations of areas, facilities, equipment, and others of a similar nature. 2. Provide signs of design, size, color, and lettering as required by regulatory agencies. Signs shall be painted metal, wood, plastic, or fiberglass and of materials suitable for the conditions in which they are placed, such as weathering and fading. 3. Construct structure and framing of wood or metal, structurally adequate to resist design requirements of area of Project. PART 3- EXECUTION 3.01 INSTALLATION: A. Project and Contractor Identification Sign: j 1. Install in appropriate location so as not to obstruct traffic, pedestrians, or construction operations. 2. Erect on framing or foundation, and rigidly brace. 3. Maintain sign in good repair, in a clean and neat condition. 4. Remove upon completion of Project. B. Informational Signs: 1. Install at appropriate locations and in sufficient quantities to assure visibility. Relocate as required by progress of Work. 2. Maintain signs in good repair, in a neat, clean, readable condition. 3. Remove all signs, framing, supports, and foundations upon completion of Project. END OF SECTION 01580 LI I I LI I 01580 -Project Ident & Signs.doc 01580-2 1 I SECTION 01600 - EQUIPMENT AND MATERIALS IPARTI- GENERAL 1.01 SUMMARY: A. This Section includes administrative and procedural requirements governing Contractor's selection of products for use in the Project. B. Related Sections: The following Sections contain requirements that relate to this Section: I. For the applicability of industry standards to products specified: • (DIVISIONS 2 through 16). • 2. For submittal of Contractor's construction progress schedule and the Submittal schedule: SECTIONS 01320 and 01330. ' 3. For handling requests for substitutions made after award of the Contract: SECTION 01631. 1.02 DEFINITIONS: TA. Definitions used in this Article are not intended to change the meaning of other terms used in these Contract Documents, such as "specialties," "systems," "structures," "finishes," "accessories," and similar terms. Such terms are self-explanatory and • have well -recognized meanings in the construction industry. 1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "Material," "Equipment," "system," and terms of similar intent. a. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature, that is current as of the date of the Contract Documents. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. 3. "Equipment" is a product with operational or nonoperational parts, whether motorized, or manually operated, that may require service connections, such as wiring or piping. IL 1.03 SUBMITTALS: A. Submittals for products are specified in SECTION 01330 and in applicable Sections of DIVISIONS 2 through 16. 1.04 QUALITY ASSURANCE: A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. 1. When specified products are available only from sources that do not, or cannot, produce a quantity adequate to complete Project requirements in a timely manner, consult with Engineer to determine the most important product qualities before proceeding. Qualities may include attributes, such as visual appearance, strength, durability, or compatibility. When a 01600 -Equip & Matls.doc 01600- 1 I SECTION 01600 - EQUIPMENT AND MATERIALS (continued) 1 determination has been made, select products from sources producing products that possess these qualities, to the fullest extent possible. B. Compatibility of Options: When the Contractor is given the option of selecting between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. 1.05 TRANSPORTATION AND SHIPMENT: A. Shipment Preparation: 1. Contractor shall require manufacturers and Suppliers to prepare products for shipment in a manner to facilitate unloading and handling, and to protect against damage, deterioration, or unnecessary exposure to the elements in transit and storage. Provisions for protection shall include the following: a. Crates or other suitable packaging materials. b. Covers and other means to prevent corrosion, moisture damage, mechanical injury, and accumulation of dirt in motors, electrical equipment, and machinery. B. Marking: Each product item shall be tagged or marked as identified in the delivery schedule or on Submittals. Complete packing lists and bills of material shall be included with each shipment. Each piece of every item need not be marked separately, provided that all pieces of each item are packed or bundled together and the packages or bundles are properly tagged or marked. 1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING: A. Deliver, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. I. Schedule delivery to minimize long-term storage at the Site and to prevent overcrowding of construction spaces. Allow ample time to avoid delay of the Work. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to the Site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. Inspect shipment to assure: a. Product complies with requirements of Contract Documents and reviewed Submittals. b. Quantities are correct. c. Containers and packages are intact and labels are legible. d. Products are properly protected and undamaged. 5. Store products at the Site in a manner that will facilitate inspection and measurement of quantity or counting of units. Mark deliveries of component parts of Equipment to identify the Equipment, to permit easy accumulation of 01600 -Equip & Matls.doc 01600-2 1 I SECTION 01600 - EQUIPMENT AND MATERIALS (continued) parts, and to facilitate inspection and measurement of quantity or counting of units. 6. Store heavy Materials away from the Project structure in a manner that will not endanger the supporting construction. 7. Store products subject to damage by the elements above ground, under cover in a weathertight enclosure, and with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions. B. Handling: 1. Provide equipment and personnel necessary to unload and handle products, by methods to prevent damage or soiling to products, or packaging. 2. Handle by methods to prevent bending or overstressing. Where lifting points are designated, lift components only at those points. 3. Provide additional protection to surrounding surfaces as necessary to prevent damage. IC. Maintenance of Storage: 1. Inspect stored products on a scheduled basis. 2. Verify that storage facilities comply with manufacturer's product storage requirements, including environmental conditions continually maintained. 3. Verify that surfaces of products exposed to elements are not adversely affected; that any weathering of finishes is acceptable under requirements of ' Contract Documents. PART2- PRODUCTS 2.01 PRODUCT SELECTION: A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise specified or indicated, new at the time of installation. 1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Continued Availability: Where, because of the nature of its application, Owner is likely to need replacement parts or additional amounts of a product at a later date, either for maintenance and repair or replacement, provide standard products for which the manufacturer has published assurances that the products and its parts are likely to be available to Owner at a later date. 4. Conform to applicable Specifications, codes, standards, and regulatory agencies. 5. Comply with size, make, type, and quality specified, or as specifically approved in writing by Engineer. 1 6. Do not use products for any purpose other than that for which designed. 7. To the fullest extent possible, provide products of the same kind from a single source. I 01600 -Equip & Matls.doc 01600-3 I SECTION 01600- EQUIPMENT AND MATERIALS (continued) PART 3- EXECUTION i 3.01 INSTALLATION OF PRODUCTS: A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place except as required for proper movement and performance, and accurately located and aligned with other Work. 1. Obtain and distribute copies of manufacturer's printed instructions and recommendations if not a part of Submittals, containers, or packaging to parties involved in the installation, including a copy to Engineer and Resident Project Representative. 2. Maintain one complete set of instructions at the Site during installation and until completion. 3. Handle, install, connect, clean, condition, and adjust products in accordance with such instructions and in conformance with specified requirements. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Engineer for further instructions. END OF SECTION 01600 II I 14 I I I El I H 01600 -Equip & Matls.doc 01600-4 ' I SECTION 01631 - SUBSTITUTIONS PART 1- GENERAL 1.01 SUMMARY: A. This Section includes administrative and procedural requirements for handling requests for substitutions made after award of the Contract. B. Related Work Specified Elsewhere: 1. Requirements for submitting Contractor's construction schedule and the Submittal schedule: SECTIONS 01320 and 01330. ' 2. Requirements governing Contractor's selection of products: SECTION 01600. 1.02 DEFINITIONS: A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. ' B. Substitutions: Changes in products, Materials, Equipment, and methods of construction required by the Contract Documents proposed by the Contractor after award of the Contract are considered to be requests for substitutions. The following are not considered to be requests for substitutions: 1. Revisions to the Contract Documents requested by Owner or Engineer. 2. Specified options of products and construction methods included in the IContract Documents. 1.03 SUBMITTALS: A. Substitution Request Submittal: Engineer will consider written requests for substitution if received within 30 days after commencement of the Work. Requests received more than 30 days after commencement of the Work may be considered or rejected at the discretion of Engineer. 1. Submit 3 copies of each request for substitution for consideration. Submit requests in the form and according to procedures required for Change Order proposals. Requests for substitution shall not be submitted in the form of a Request for Interpretation (RFI). 2. Identify the Equipment or Material, the fabrication, or installation method to be replaced in each request. Include related Specification Section/Article and Drawing numbers. 3. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Statement indicating why specified product or method of construction cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate the proposed substitution. IC. A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 01631-Substitutions.doc 01631-1 I SECTION 01631- SUBSTITUTIONS (continued) d. Product data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Identification of available sales, maintenance, repair, and replacement services. g. A statement indicating the effect of the substitution on Contractor's construction progress schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on the overall Contract Times. If specified product cannot be provided within the Contract Times, provide letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delay in delivery. h. An itemized estimate of costs that will result directly or indirectly from approval of the substitution, including: (1) A proposal of the net change, if any, in the Contract Price. (2) Costs of redesign required by the proposed change. (3) Costs of resulting claims as determined in coordination with other contractors having work on the Project affected by the substitution. i. Statement indicating whether or not incorporation or use of the substitute is subject to payment of any license fee or royalty. j. Contractor's certification that the proposed substitution conforms to requirements in the Contract Documents, will perform adequately the functions and achieve the results called for by the general design, is similar in substance to that specified, and is suitable for same use as that indicated and specified. k. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately. 4. Engineer's Action: Engineer may request additional information or documentation for evaluation. Engineer will notify Contractor of acceptance or rejection. Acceptance will be in the form of a Change Order. PART 2- 2.01 SUBSTITUTIONS: A. Conditions: Engineer will receive and consider Contractor's request for substitution when one or more of the following conditions are satisfied, as determined by Engineer. If the following conditions are not satisfied, Engineer will return the requests without action except to record noncompliance with these requirements. I. Extensive revisions to the Contract Documents are not required. 2. Proposed substitution is in keeping with the general intent of the Contract Documents and will produce indicated results. 3. Substitution request is timely, fully documented, and properly submitted. 4. The specified product or method of construction cannot be provided within the Contract Times. Engineer will not consider the request if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. I I I I I I 1 I I I 1 D I I I 01631-Substitutions.doc 01631-2 ' I I I I I I J I El I I I I I SECTION 01631- SUBSTITUTIONS (continued) 5. The requested substitution offers Owner a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 6. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 7. The specified product or method of construction cannot be provided in a manner that is compatible with other materials and where Contractor certifies that the substitution will overcome the incompatibility. 8. The specified product or method of construction cannot be coordinated with other materials and where Contractor certifies that the proposed substitution can be coordinated. 9. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty. B. Engineer's review and acceptance of Submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents. Engineer's acceptance of Submittals not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval of a substitute. Acceptance by Engineer shall not relieve Contractor from responsibility for errors or omissions in the Submittals. PART 3- EXECUTION — Not Applicable. END OF SECTION 01631 1 01631-Substitutions.doc 01631-3 FAYETTEVILLE THE CITY OF FAYETTEVILLF ARKANSAS To: Re: ' Specification Title: Section: I I I J I u I I J J Proposed Substitution Manufacturer: Address: Trade Name: Installer: Address: History: ❑ New Product ❑ 2-5 years old ❑ 5-10 years old Differences between proposed substitution and specified product Page: SUBSTITUTION REQUEST Project Number Contract Number Project Title ❑ Point -by -point comparative data attached — REQUIRED Authorization Number: From: Date: Contract For: Article/Paragraph: Phone No. Model No. Phone No. U More than 10 years old Undersigned certifies: • Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product. • Same warranty will be furnished for proposed substitution as for specified product. • Same maintenance, service, and availability of replacement parts, as applicable, are available. • Proposed substitution will not affect or delay Progress Schedule, except as stated below. • Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived. • Proposed substitution does not affect dimensions and functional clearances, except as stated below. • Payment will be made for changes to building design, including architectural or engineering design, detailing, licenses, royalties, and construction costs caused by the requested substitution. • Coordination, installation, and changes in the Work as necessary for accepted substitution will be completed in all respects. Reason for not providing specified item: Similar Installation: Project: Address: Design Professional: Owner: Date Installed: ' 01631.01 Substitution Request 01631.01-1 Proposed substitution affects other parts of Work: ❑ No ❑ Yes; explain Savings to Owner for accepting substitution: Proposed substitution changes Contract Time: ❑ No ❑ Yes; add/deduct days. Supporting Data Attached: ❑ Product Data ❑ Drawings ❑ Tests ❑ Reports ❑ Samples ❑ Attachments: 1 Submitted by: Signature: Firm Address: Telephone: Fax: E-mail: Additional Continents: ❑ Contractor ❑ Subcontractor U Supplier U Manufacturer U DP ❑ I ENGINEER'S REVIEW AND ACTION U Substitution approved — Make Submittals in accordance with Specification SECTION 01330. U Substitution approved as noted - Make Submittals in accordance with Specification SECTION 01330. U Substitution rejected — Use specified materials. ❑ Substitution Request received too late - Use specified materials. Signed by: Date: Distribution: ❑ Owner ❑ Engineer U Contractor ❑ Consultant ❑ Other I I I I I 01631.01 Substitution Request 01631.01-2 ' I 1 1 I i I I I I 1 SECTION 01780 — CONTRACT CLOSEOUT PART1- GENERAL 1.01 SUMMARY: A. This Section includes administrative and procedural requirements for Contract closeout including, but not limited to, the following: I. Inspection procedures. 2. Project record document submittal. 3. Instruction book and operating manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections of the Specifications. C. Related Work Specified Elsewhere: 1. Prerequisites to Substantial Completion and Final Acceptance: GENERAL CONDITIONS. 2. Submittals: SECTION 01330. 1.02 SUBSTANTIAL COMPLETION: A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. Provide documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Price. a. If 100% completion cannot be shown, include a list of incomplete items, the value of incomplete Work, and reasons the Work is not complete. 2. Advise Owner and Engineer of pending insurance changeover requirements. 3. Submit specific warranties, workmanship Bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, instruction books and operating manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make fmal changeover of permanent locks and transmit keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete start-up testing of systems and instruction of Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the Site, along with mockups, construction tools, and similar elements. 9. Complete final cleanup requirements. B. Inspection Procedures: Inspection procedures for Substantial Completion shall be as stated in GENERAL CONDITIONS 00700. 01780 -Contract Closeout.doc 01780— 1 I SECTION 01780 — CONTRACT CLOSEOUT (continued) 1.03 1.04 FINAL ACCEPTANCE: A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Provide insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Price. 3. Submit a certified copy of Substantial Completion list of items to be completed or corrected, including items added after the inspection for Substantial Completion, endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the Date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 7. Submit a final liquidated damages settlement statement. RECORD DOCUMENT SUBMITTALS: A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for Engineer's reference during normal working hours. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white -prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Record information concurrently with construction progress. 2. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. Mark each document "PROJECT RECORD" in neat, large, printed letters. 3. Mark new information that is important to Owner but was not shown on Contract Drawings or Shop Drawings. 4. Note related Change Order numbers where applicable. 5. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. 6. Upon completion of the Work, submit record drawings to Engineer for Owner's records. 7. Include the following: a. Depths of various elements of foundation in relation to finish first floor datum. I I L I I 1 I H El I I I 01780 -Contract Closeout. doc 01780-2 ' SECTION 01780 - CONTRACT CLOSEOUT (continued) I I I I b. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of construction. d. Where Submittals are used for mark-up, record a cross-reference at corresponding location on Drawings. e. Field changes of dimension and detail. f. Changes made by Change Order or other Modifications. g. Details not on original Contract Drawings. C. Record Specifications: Maintain one complete copy of the Contract Documents including Addenda. Include with the Contract Documents one copy of other written construction documents, such as Change Orders and Modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and product data. 4. Upon completion of the Work, submit record Specifications to Engineer for Owner's records. 5. Include the following: a. Manufacturer, trade name, catalog number, and Supplier of each product and item of Equipment actually installed, particularly optional and substitute items. b. Changes made by Addendum, Change Order, or other Modifications. c. Related Submittals. D. Record Product Data: Maintain one copy of each product data Submittal. Note related Change Orders and markup of record drawings and specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the Site and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup; submit complete set of record product data to Engineer for Owner's records. E. Record Samples Submitted: Immediately prior to Substantial Completion, Contractor shall meet with Engineer and Owner's personnel at the Project Site to determine which Samples are to be transmitted to Owner for record purposes. Comply with Owner's instructions regarding packaging, identification, and delivery to Owner. F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and Submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial ' 01780 -Contract Closeout.doc 01780-3 I SECTION 01780 - CONTRACT CLOSEOUT (continued) Completion, complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit to Engineer for Owner's records. G. Instruction Books and Operating Manuals: Organize operation and maintenance data into suitable sets of manageable size as specified in SECTION 01330. H. Warranties and Bonds: Specified in GENERAL CONDITIONS and SECTION ' 01330. 1.05 SPARE PARTS: A. Products Required: ' 1. Provide to Owner the quantities of products, spare parts, maintenance tools, and maintenance materials specified in individual Sections, in addition to that required for completion of Work. 2. Products shall be identical to those installed in the Work. Include quantities required from Supplier or manufacturer of original purchase to avoid 1 variations in manufacture. B. Storage, Maintenance: 1. Coordinate with Owner. Deliver and unload spare products to Owner at Project Site and obtain receipt prior to final payment. 2. For portions of the Work accepted and occupied by Owner prior to Substantial Completion, deliver the applicable spare products to Owner at time of acceptance. Obtain receipt. 3. Maintain spare products in original containers with labels intact and legible, until delivery to Owner. PART 2- PRODUCTS (Not Applicable) ' PART 3- EXECUTION (Not Applicable) END OF SECTION 01780 ' 01780 -Contract Closeout.doc 01780-4 1 Section 02270 — Environmental Specifications ' INTRODUCTION The purpose of Section 02270 Environmental Specifications is: ' • To identify the environmental regulatory requirements with which the project must comply • To summarize the environmental regulatory requirements ' • To identify the Contractor's responsibilities related to environmental regulatory compliance • To provide specifications for environmental regulatory requirements ' The following resources are available for the Contractor to use, understand, and implement environmental regulatory requirements. The Section 02270 Environmental Specifications refer to each of these documents, which are therefore, part of the contract specifications. The Contractor shall be familiar with ' the content of each document: • U.S. Army Corps of Engineers (COE) Section 404 Individual Permit (File No. 14207) I. ADEQ Water Quality Certification • Final Wetland Compensatory Mitigation Plan for City of Fayetteville Wastewater Systems Improvement Project I. Section 02270 Environmental Specifications • Section 02921 Wetland Mitigation Site Seedbed Preparation and Seeding Specifications If specifications in the documents conflict with Section 404 permit requirements, the most restrictive requirement shall prevail. The Contractor shall be responsible for implementing all applicable requirements of the COE Section 404 Permit that is associated with the contract activities. It is anticipated that no surface soil disturbance will occur from the activities specified herein, therefore, there will be no storm water discharges associated with construction activities. Should contractor create storm water discharges from construction activity, Contractor shall be responsible for compliance with ADEQ General Storm Water Permit for Construction Activity (ARR150000). Any other state or local sediment and erosion control plans that have been developed are enforceable by the general storm water permit and are required to be implemented by Contractor, if applicable. This applies only to site -specific state or local permits or plans. Contractor shall be aware of, and comply with, applicable sections of City of ' Fayetteville requirements within Chapter 169: Physical Alteration of Land; and Chapter 170: Storm Water Management, Drainage, and Erosion Control, of the City of Fayetteville Title XV Unified Development Code. Contractor shall be aware of, and responsible for, compliance with any revisions or modifications, made by regulatory agencies, to the terms and conditions or requirements of the ADEQ General Storm Water ' Permit for Construction Activity and the COE Section 404 permit, as applicable. Bid shall be lump sum price for bid items listed. 1.0 GENERAL ' For areas where construction will result in permanent alterations to wetlands, authorization under the COE Section 404 Individual Permit, as described in 33 CFR Appendix A to Part 330, has been issued to the City of Fayetteville. The Little Rock COE has issued the individual Section 404 permit No. 14207 for the project. The Contractor shall be responsible for implementing all applicable requirements of the COE Section 404 Permit that are associated with the construction activities that they are contracted to perform. 2.0 OBJECTIVES By definition, Best Management Practices (BMPs) are schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site 080306WP-2bSection 02270 Environmental Specifications 02270-1 Section 02270 — Environmental Specifications (continued) runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs can be structural (such as a temporary retention pond) or non-structural (such as materials handling practices). The Contractor shall select, install, implement, and maintain appropriate BMPs at the construction site, as necessary to prevent spills of oils, fuels, and/or chemicals. 3.0 CONTRACTOR REQUIREMENTS As specified at 40 CFR 112.1(b) the Spill Prevention Control and Countermeasures Plan (SPCCP) rule applies to owners or operators of facilities that drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil and oil products, which, due to its location might reasonably be expected to discharge oil in quantities may be harmful into or upon navigable waters of the United States or adjoining shorelines. Specific to construction projects, the owner/operator of oil storage containers having an aggregate storage capacity, which is not buried, exceeding 1,320 gallons of oil is required to certify and implement the Project SPCCP. The 1,320 -gallon threshold applies to any container, including drums, equipment fuel tanks, above ground storage tanks (ASTs), and fluid reservoirs having a storage capacity of 55 gallons or more for oil or oil products. Any Contractor, or subcontractor, who owns, operates, leases, or subcontracts oil storage containers having an aggregate capacity exceeding the 1,320 - gallon threshold shall implement the SPCCP for the City of Fayetteville Wastewater Systems Improvement Contract. Contractor shall be responsible for submitting projected aggregate oil storage to City of Fayetteville; and, Contractor shall be responsible for Professional Engineer Certification of SPCCP, if applicable. As project operator, Contractor shall have day-to-day control over construction activities and shall be responsible for implementing, adding, relocating, and/or maintaining BMPs, as necessary, to maintain compliance with the Section 404 Permit, and any SPCCP applicable to the Contractor's work. This includes activities that are contracted by the Contractor to subcontractors. The Contractor shall follow applicable State and/or local sanitary sewer, septic system, and waste disposal regulations. As a protective measure, the Arkansas Department of Environmental Quality (ADEQ) has issued 401 Water Quality Certification for the COE Section 404 Permit, as required by the Clean Water Act. If at any time after construction has commenced, it is determined by the ADEQ that the storm water discharge from the site has caused or may cause an excursion above an applicable water quality standard, the Contractor shall be responsible for implementing additional BMPs determined necessary to maintain water quality standards within the receiving streams. 4.0 SITE MANAGEMENT PRACTICES REQUIRED BY SECTION 404 PERMIT ' NO. 14207 For areas where the construction will occur at the wetland mitigation site and surrounding areas, the ' following specifications, as required by COE Section 404 Permit, shall apply: 1) The Contractor shall be responsible for implementing all applicable requirements of the COE Section 404 Permit that are associated with the activities that Contractor is contracted to perform. 2) The Contractor shall not disturb, adversely alter or impair wetland areas that are not within the ' mitigation site. 3) Wetland areas shall not be used for materials or equipment storage, waste staging, access, parking, borrow material, or other support activity. Staging areas for fuels and chemicals shall be located at least 50 feet form the edge of the wetland. 080306WP2b Section 02270 Environmental Specifications 02270-2 Section 02270 — Environmental Specifications (continued) 4) Other than activities associated with the wetland mitigation site, movement of vehicles across wetlands shall be minimized. ' 5.0 SITE EVALUATIONS/RECORDKEEPING A Resident Project Representative will conduct periodic site evaluations. ' 1) Written records of the evaluations will be provided to the Contractor. Any inadequacies on the part of the Contractor shall be corrected as soon as practicable following the evaluations. 2) Contractor shall submit written verification from disposal facility that used oil is disposed at a recycling/reuse facility. 3) The Contractor shall maintain an inventory list of the type and amount of all fuels, oil, hydraulic oils and hazardous and/or toxic chemicals that will be used at the site. ' 4) The Contractor shall maintain all Material Safety Data Sheets (MSDS) for all chemicals. The MSDS shall be reviewed to determine if hazardous and/or toxic constituents are present, which may be within wastes that may be generated from the chemical. This includes, but is not restricted to any insecticide, ' herbicide, other pesticide, lubricating fluids, paints, epoxies, solvents, adhesives, and fuels. Construction personnel shall be trained for the proper storage, handling, and use of such chemicals. ' 5) The Contractor shall provide a dedicated chemical storage area that does not allow runoff of contaminated storm water. Containers shall be properly labeled as to their contents. Chemicals shall be stored in containers constructed of materials compatible with the contents. ' 6) The Contractor shall ensure that all hazardous materials at the construction site are stored, handled, and applied per manufacturer's printed instructions and per all applicable Federal, State, and local codes. 7) The Contractor shall ensure that onsite work crews and subcontractors are trained and knowledgeable in the proper handling of hazardous materials and disposal of wastes. The Contractor shall be responsible for disposing of all waste materials by a waste management firm licensed to dispose of the ' specific type of waste generated. 8) In the event of a chemical or fuel spill, the Contractor shall immediately halt construction activities in the immediate vicinity. The Contractor shall notify the Resident Project Representative and initiate immediate efforts to contain the spill to prevent runoff or migration of the spilled material. The Contractor shall review MSDS to determine appropriate spill response measures. The Contractor shall ' be required to follow the appropriate regulatory requirements for disposal of contaminated soil. 9) Contractor shall not store fuel, chemicals, equipment, materials, etc. in environmentally sensitive areas. ' 10) The Contractor shall maintain the following written records and copies shall be submitted to the City of Fayetteville: ' a) Chemical Use Inventory b) Waste Disposal records c) Documentation of Pollution Prevention Team/Meetings d) Releases in Excess of Reportable Quantities e) Records Of mitigation Activities f) List of the sources of non -storm water I. g) Projected oil/fuel inventory 080306WP2b Section 02270 Environmental Specifications 02270-3 Section 02270 — Environmental Specifications (continued) h) MSDS of toxic/hazardous materials i) Contact information for Contractor's designated spill coordinator 6.0 CONTRACTOR SUBMITTALS Prior to commencement of contractor activities, the Contractor shall provide the following submittals to the City of Fayetteville within 10 days of the Notice to Proceed: 1) The specific intended sequence of major activities. Sequence shall include items such as staging/lay down areas, proposed site entrances, etc. Submittal shall include proposed BMPs required for each ' sequence. 2) Contact information for Contractor's designated spill coordinator. 3) Projected oil/fuel inventory and volume of containers having a capacity of 55 gallons or more, including equipment fuel tanks. This shall include projected oil/fuel inventory of all subcontractors. 4) Contractor local or on -site contact information, 7.0 SPILL PREVENTION CONTROL AND COUNTERMEASURES PLAN CERTIFICATION AND IMPLEMENTATION 1) Should Contractor maintain onsite, an aggregate storage capacity of oil or oil products exceeding 1,320 gallons, Contractor shall be responsible for Professional Engineer Certification of Project SPCCP previously developed. 2) Any container, including drums, equipment fuel tanks, above ground storage tanks (ASTs), and fluid reservoirs; having a storage capacity of 55 gallons or more for oil or oil products shall be counted toward the 1,320 -gallon threshold. 3) Should Contractor's aggregate storage capacity of oil or oil products not exceed 1,320 gallons, Contractor shall be responsible for implementation of SPCCP without Professional Engineer Certification of the Plan. END OF SECTION 02270 1 I 080306WP2b Section 02270 Environmental Specifications 02270-4 I Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications I I I I I [] I I I LI I1 I I I L Li I PART 1 -GENERAL 1.1 PURPOSE OF PROJECT AND RELATED DOCUMENTS a. The purpose of Section 02921 Environmental Specifications is: To implement wetland compensatory mitigation requirements of the Individual Section 404 Permit File No. 14207, issued by the US Army Corps of Engineers to the City of Fayetteville, 2. To identify the Contractor's responsibilities related to Phase I Wetland Mitigation Site Seedbed Preparation and Seeding, 3. To provide specifications for Phase I Wetland Mitigation Site Seedbed Preparation and Seeding. b. The following resources are available for the Contractor to use, understand, and implement the specifications contained herein. Upon bid award, electronic copies of these documents will be delivered to the successful Bidder, upon request. The Section 02921 Phase I Wetland Mitigation Site Seedbed Preparation And Seeding Specifications refer to each of these documents that are, therefore, part of the contract specifications. The Contractor shall be familiar with the content of each of the following documents: 1. City of Fayetteville Individual Section 404 Permit File No. 14207; and 2. Final Wetland Compensatory Mitigation Plan for City Of Fayetteville Wastewater Systems Improvement Project. C. th reference to the above -listed documents, Section 02921 takes precedence over the Final Wetland Compensatory Mitigation Plan for City of Fayetteville Wastewater Systems Improvement Project. If specifications in the documents conflict, the most restrictive requirement shall prevail. D. The Contractor shall be responsible for implementing all applicable requirements of the Section 404 Permit associated with the mitigation activities that they are contracted to perform. 1.2 OBJECTIVES A. Activities associated with the City of Fayetteville's collection system improvements, the new Westside Wastewater Treatment Facility, and improvements to Broyles Road will result in the permanent alteration of 9.88 acres of wetlands. Of this acreage, 2.97 acres are palustrine-forested wetlands, and 6.91 acres are palustrine emergent wetlands. The City of Fayetteville has received Section 404 permit authorization for these activities from the Little Rock District Corps of Engineers, following requirements described in 33 CFR Appendix A to Part 330. As mandated by Section 404 of the Clean Water Act (CWA), "There shall be no net loss of waters of the United States." Consequently, the City of Fayetteville's Section 404 permit requires compensatory mitigation to offset the unavoidable impacts to wetlands. ' Section 02921- Seedbed/Seeding Specs 02921- 1 I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications B. The 26.62 -acre wetland mitigation site is owned by the City of Fayetteville, and lies ' within a 43.65 -acre parcel of real property, which is located immediately to the north of the existing construction site for the new Westside Wastewater Treatment Facility. The wetland mitigation site has been divided into two parcels due to the presence of a high- pressure natural gas line that extends diagonally through the property. Consequently, the West Mitigation Site shall be comprised of 12.04 acres and the East Mitigation Site shall ' be comprised of 14.58 acres. C. Modifications to the existing hydrology at the mitigation site have been achieved under a separate contract via the construction of low elevation perimeter earthen berms designed to provide a mechanism for control of wetland cell water retention. Because the mitigation site has a natural grade that falls between five (5) and six (6) feet from south to north, terrace berms were constructed along contours to collect water in areas that are of relatively uniform elevation. The purpose of this strategy is to prevent a "perpetually flooded end and perpetually dry end" scenario. Spillways with stop logs or risers will be constructed under a separate contract within the terrace berms in order to provide the ability to both hold and release water, as needed. Construction of the earthen berms has resulted in two cells (W-1 and W-2) within the West Mitigation Site, and five cells (E-1 through E-5) within the East Mitigation Site. D. The compensatory mitigation shall include a mix of habitats such as wet meadows, marsh habitat, open water, forested wetlands, and adjacent upland buffers. More specifically, mitigation shall involve creation of 4.05 acres of wet meadow wetlands, creation of 3.06 acres of forested wetlands, enhancement/restoration of 7.29 acres of existing low quality emergent wetlands, and enhancement/restoration of 16.61 acres of existing upland prairie buffer (includes earthen berms). , E. General Objectives I. The general objectives of the compensatory mitigation include the following: a. Compliance with Section 404 permit authorization requirements; b. Meet CWA goal to attain a "no net loss" of wetland functions and values; c. Create/enhance/restore onsite in -kind wetlands to replace permanently altered wetlands; d. Conversion of upland areas to create wetlands; e. Construct a wetland that exhibits a mix of habitat types, such as seasonally inundated wet depressions, small wetland drainageways, marsh areas, forested wetland, open water pond areas, wet soil inclusions, and adjacent upland buffer areas; f. Develop a wetland mitigation site that exhibits both palustrine emergent (PEM) and palustrine forested (PFO) wetlands; g. Replace permanently altered wetlands with wetlands exhibiting equivalent or better functions; h. Create a permanently established aquatic resource to contribute to existing and future needs of a watershed projected to undergo growth and development; i. Restore upland and wetland prairie characteristics that have degraded due to previous land uses; j. Develop a mitigation strategy to maintain wetlands that persist over time and are essentially self-sustaining with minimal management requirements; 1 Section 02921- Seedbed/Seeding Specs 02921-2 ' Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Enhance hydrology by construction of earthen berms to reduce surface drainage from the site caused by agricultural ditches; and Discontinue cattle grazing that interrupts natural plant succession and limits plant community diversity. Specific goals of the wetland compensatory mitigation include: Enhance/Restore Existing 7.29 acres of Palustrine Emergent (PEM) Mitigation activities shall enhance/restore approximately 4.22 acres of the 7.29 acres of existing palustrine emergent (PEM) wetlands on the Wetland Mitigation, Site to develop a meadow/prairie expanse of sedges, rushes, grasses, and herbs dominated by FAC, FACW, or OBL species. Due to hydrological modifications, approximately 2.64 acres of the 7.29 acres of existing PEM wetlands shall be converted to a marsh type of habitat, dominated by FACW and OBL grasses and rushes. The existing 0.43 acres of open water habitat shall be enhanced to support submerged and emergent vegetation, with some shrub species. Enhancement and restoration activities shall result in 7.29 acres of wet meadow/marsh/open water complex. Vegetative cover and plant survival shall demonstrate that species diversity and distribution indicate an improvement to pre -mitigation wetland function and value. The hydrology shall exhibit sufficient inundation and/or saturation for more than 12.5% of the growing season to support a diverse community of emergent, marsh, and open water wetlands. Inundation/soil saturation shall exist within the wetland planting zones at the mitigation site for adequate periods during the growing season. Soils shall exhibit characteristics of proper fertility, deconsolidation, bulk density, and organic matter that are conducive to sustain wetland vegetation. Create Palustrine Forested (PFO) Wetlands Creation of 3.06 acres of forested wetlands shall be achieved during Phase II of the wetland mitigation, via plantings of saplings consisting of oaks, willow, maple, ash, and elm; and shrubs such as button bush, dogwood, holly, swamp privet, and alder to provide both over -story and under -story strata. During Phase I, forbs and grasses shall be seeded for groundcover. The objective is to create, over time, mature, forested wetlands with herb, shrub (sub -canopy), and tree -layers, dominated by FACU-, FAC, FACW, or OBL species. Vegetative cover and plant survival shall demonstrate that species diversity and distribution indicate an improvement to pre -mitigation wetland function and value. The hydrology shall exhibit inundation and/or saturation for more than 12.5% of the growing season and maintain a relatively stable hydroperiod. Soils shall exhibit characteristics of proper fertility, deconsolidation, bulk density, and organic matter that are conducive to sustain wetland vegetation. I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications c. Goal 3: Create Palustrine Emergent (PEM) Wetlands I Creation of 4.05 acres of palustrine emergent (PEM) shall provide a wet meadow/prairie habitat consisting of sedges, rushes, grasses, and herbs dominated by FAC, FACW, or OBL species. The objective is to establish a plant community with a grass-to-forb ratio with 50-60 percent by weight forbs to produce a diverse prairie community with good cover of both grasses and forbs. ii. Vegetative cover and plant survival shall demonstrate that species diversity and distribution indicate an improvement to pre -mitigation wetland function and value. The hydrology shall exhibit inundation and/or saturation for more than 12.5% of the growing season to support a diverse community of emergent wetland species. Inundation/soil saturation shall exist within the wetland planting zones at the mitigation site for adequate periods during the growing season. Soils shall exhibit characteristics of proper fertility, deconsolidation, bulk density, and organic matter that are conducive to sustain wetland vegetation. d. Goal 4: Restore/Enhance Upland Prairie Buffer I Restoration of 12.22 acres of upland prairie within wetland cells, and 4.39 ' acres of upland prairie on earthen berms to serve as a buffer to protect adjacent wetlands shall be accomplished by proper soil bed preparation and seeding of forbs and grasses to achieve a grass-to-forb ratio with 50-60 percent by weight forbs to produce a diverse prairie community with good cover of both grasses and forbs. ii. The upland buffer is anticipated to improve water quality and provide wildlife habitat. The plant community shall be dominated by UPL, FACU, or FAC species. Vegetative cover and plant survival shall demonstrate that species diversity and distribution indicate an improvement to pre -mitigation upland buffer function and value. iii. Gentle slopes of existing low conical mounds shall be maintained to allow wetland/upland interactions. Hydrology of the relatively flat upland areas and mounds shall be maintained to minimize saturation and inundation of surface soils. Soils shall exhibit characteristics of proper fertility, deconsolidation, bulk density, and organic matter that are conducive to sustain upland prairie vegetation. e. Goal 5: Control Invasive and Non -Native Plant Species , i. Invasive non-native undesirable species shall be controlled through the use of the appropriate herbicides for the applicable targeted plant species, at the appropriate season. f. Goal 5: Conduct Work in a Phased Approach i. The scope of work under this contract shall be done in a manner such that the specifications for Phase II will be determined by the results of Phase 1. Section 02921- Seedbed/Seeding Specs 02921-4 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Services under the contract contained herein shall be for Phase I Tasks that shall include: Herbicide application for management of invasive and non- ' native undesirable plant species; controlled burning; and no -till broadcast seeding. 1.3 CONTRACTOR REQUIREMENTS A. Contractor Qualifications I. Contractor and Contractor's personnel shall collectively have proficient technical skills, knowledge of, and experience with: wet prairie plant taxonomy and the capability of identifying targeted undesirable plant species for herbicide application; wet prairie entomology, herpetology, ornithology, and mammalogy and can identify ecologically sensitive species; potential impacts of herbicides to vertebrates and invertebrates; wetland/prairie vegetation management and restoration, and control of non-native invasive plant species on sites that are ten (10) acres or more in size. 2. Contractor and Contractor's personnel shall collectively have proficient technical skills, knowledge of, and experience with: proper herbicide application for targeted plant ' species; appropriate conditions and seasons for effective herbicide applications; management of wet prairie grasses, sedges, rushes, woody plants, and forbs on sites that are ten (10) acres or more in size, and can identify ecologically sensitive species. ' 3. Contractor and Contractor's personnel shall collectively have proficient technical skills, knowledge of, and experience with: wet prairie seed procurement; wet prairie seeding practices; and wet prairie controlled burning in urban areas on sites that are ten (10) acres 'or more in size. 4. Contractor and Contractor's personnel shall be aware that the growing season for the project area is 194 days. This represents the days between the average date of the last frost, April 13`s, and the average date of the first frost, October 24"', according to the Washington County Soil Survey. B. Mitigation Site Management I1. For this work, the City of Fayetteville has contracted a Wetland Scientist to augment the staff of the Engineer and to evaluate the herbicide application, controlled burning, and seeding operations, including the evaluation and acceptance of the Contractor's ' equipment, materials, and activities. This individual shall serve as the City of Fayetteville's project representative as it relates to this specification. This individual shall have the authority of the Engineer in performing wetland science -related services. The work of the Wetland Scientist is subject to approval by the Engineer and the City of ' Fayetteville. 2. Site Drainage and Access ' a. At all times during this work the Contractor shall be responsible for wetland cell dewatering, if necessary, to prevent water levels within wetland cells from becoming ' excessive in a manner that impairs seeding activities or damages seedbed, at Contractor's own expense, to permit runoff of water and to ensure proper drainage for the entire area. Proper erosion control measures shall be implemented, as necessary, to avoid discharges of silt in storm water runoff from the site. Section 02921- Seedbed/Seeding Specs 02921-5 Li Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications b. Earthen berms shall not be damaged or compromised in a manner that will impair their functionality. Friable planting medium on top of earthen berm shall not be disturbed or ' damaged. c. Contractor shall be responsible for implementation of erosion control measures, and compliance with the project ADEQ General Storm Water Permit for Construction Activity (ARRI 50541), if applicable. d. Contractor shall only use areas approved by Engineer or Wetland Scientist for access and materials storage, coordinated as necessary with the construction of the wastewater treatment facility. Wetlands exist outside of, and adjacent to, the Wetland Mitigation Site. It is the intent of the City of Fayetteville that no disturbance shall occur to existing wetland topsoil, hydrology, vegetation, or microtopography within immediate vicinity outside of mitigation site. Contractor shall observe and avoid existing exterior wetlands, where possible, and shall be responsible restoration of any damage that unnecessarily occurs to existing exterior wetlands, as a result of any action taken by Contractor, or any Subcontractor, contracted by Contractor to perform work. e. Contractor shall deliver submittals, as specified within Sections 02921 and 02270. ' C. Wetland Mitigation Site Seedbed Preparation 1. Description a. This work shall include, but is not limited to, seedbed preparation prior to seeding, which will involve application of herbicides and prescribed burning. b. Subsequent to seedbed preparation, Contractor shall furnish and install seed in accordance with Contract Plans and Specifications and/or as directed by the Wetland Scientist. The areas to be seeded and paid for under this item shall include Upland, Wet Meadow, Marsh, and Forested Planting Zones designated on the plans, and as directed by the Wetland Scientist. This work shall also consist of maintaining seeded areas until accepted by the Wetland Scientist. c. The work shall be done in phases, whereby the scope of services necessary for Phase II (and/or subsequent phases) shall be determined by the condition of the site and vegetative cover after completion of Phase 1. The specifications contained herein apply strictly to Phase I. d. Phase II may require additional herbicide applications, additional mowing, additional seeding, and procurement and installation of rootstock, saplings, and mature herbaceous plants. Upon successful completion of Phase I, Contractor may be eligible for a contract amendment to provide Phase II services. e. The estimated acreage for the Upland Planting Zone includes 12.22 acres of uplands within the wetland cells, and approximately 4.39 acres of earthen berms which are essentially uplands surrounding the wetland cells. The Wet Meadow Planting Zone includes approximately 8.27 acres of enhanced and created wetlands. The Marsh Planting Zone is comprised of approximately 2.64 acres of marsh habitat that will be created from hydrological modifications (berms). The Forested Wetland Planting Zone I fl I I I I I I I Section 02921- Seedbed/Seeding Specs 02921-6 I I I I I I I I I I J I I H Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications is comprised of several small areas totaling 3.06 acres that are within wetland cells W 1, E1, E2, and E5. The total acreage for seedbed preparation approximates thirty-one (31) acres, as shown in the table below. Planting Zone Acreage Zone Cell Wl Cell W2 Cell El Cell E2 Cell E3 Cell E4 Cell E5 TOTALS Wet Meadow 0.65 4.45 0.26 0.41 0.35 1.80 035 8.27 Forested 1.59 -0- 0.20 037 -0- -0- 0.90 3.06 Marsh 0.22 0.67 0.36 0.77 0.19 0.43 -0- 2.64 Open Water -0- 0.05 0.03 0.04 -0- 0.31 -0- 0.43 Upland Buffer 2.8 1.61 1.15 1.41 0.91 2.67 1.67 12.22 Berms 0.88 0.83 0.41 0.48 0.40 0.76 0.63 439 TOTALS 6.14 7.61 2.41 3.48 1.85 5.97 3.55 31.01 D. Materials and Equipment General: a. All equipment proposed for use by the Contractor shall be submitted as required by Section 01330 of the Project Manual. The Wetland Scientist reserves the right to reject, on or after delivery, any material or equipment that does not meet the specifications herein. All rejected materials and equipment shall be removed from the work site by the end of the working day. The equipment shall be of a design that can be utilized efficiently by the Contractor to meet the requirements of the work specified herein. Seed and all other amendments necessary to complete the work shall be delivered and stored in original, unopened packages showing weight, analysis, and name of manufacturer/vendor, shall be kept dry, and shall not be opened until needed for use. Damaged or faulty packages shall not be used. 2. Seeds: a. Seeds shall be supplied on the basis of Pure Live Seed (PLS). Pure Live Seed is defined by the formula: PLS = (Percent Purity of the Seed)/100. Unless authorized by the Wetland Scientist, the seed shall be from crops that are two (2) to four (4) years of age. These seeds shall be supplied as single species, partial seed mixes, or full seed mixes in separate bags as indicated on the plans. These separate bags shall not be mixed until authorized by the Wetland Scientist. As specified on the plans, or contained within this specification, seed mixes shall be collected from an approved genus/species list with minimum PLS percentage standards for each of the various groupings. When specified, the seed shall conform to the minimum percent purity, minimum percent germination, and maximum weed seed percentage requirements. b. All seed shall be cleaned/threshed/screened to remove the fruiting bracts, scales, floral parts, awns, perigynia, and other nonseed debris to the maximum practicable -extent. No compensation for damage to the seed because of improper cleaning, threshing, or screening operations shall be made by the City of Fayetteville. The Contractor shall be solely responsible for the proper storage of the seed according to best seed storage practices. Seeds shall be fresh, free of deleterious material and disease, and delivered to the site in the original, unopened bags showing a certified net weight, supplier's name, and certified guarantee of analysis including the composition, purity, and percent ISection 02921- Seedbed/Seeding Specs 02921-7 I Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications weed seed. Seed shall be kept dry and unopened until needed for use. Damaged or faulty packages shall not be used. Seeds that do not meet the specifications herein or seed that has become wet, moldy, or otherwise damaged in transit or storage shall not be accepted. Seed, after delivery to the Contractor, shall be stored in such a manner as to protect it from damage or deterioration from any source. Final acceptance of seeds must be obtained before the seed is sown. Final acceptance may be subject to the results of official sampling and testing. The Wetland Scientist reserves the right to reject on or after delivery any material that does not meet these specifications. Live seed of crop plants other than those specified shall not be utilized. Analysis sampling and testing of the seed and seed tag labeling requirements shall be done in accordance with the Arkansas State Plant Board and with the Rules and Regulations for Testing Seeds adopted by the Association of Official Seed Analysts (1984). It is the sole responsibility of the Contractor to supply approved seed that meets the percent purity requirements. All storage requirements including fungicide treatments and stratification considerations shall be the sole responsibility of the Contractor. d. The desire to use a single plant material vendor shall not be a factor, and the diversity of the planting shall not be reduced simply to comply with single vendor availability. 3. Legume Seed Inoculant: a. When legumes are included in the seeding mix, a legume inoculant shall be utilized in the seeding program. This inoculant shall be a pure live culture of nitrogen -fixing bacteria selected for maximum vitality and for the ability to transform nitrogen from the air into soluble nitrates and deposit them in the soil. All containers of inoculant shall be fresh and unopened, with the manufacturer's expiration date. Inoculant shall not be used later than the expiration date indicated on the container. The type of inoculation shall be targeted at the legumes within the mix, as indicated on the inoculant packaging. The Contractor shall be responsible for ensuring that the inoculant is appropriate for the legume selection. IT] E L1 I I I I 4. Seed Mix: , a. Contractor shall select from the lists below to establish a permanent cover of desirable wetland and upland plant species within the Upland, Wet Meadow, Marsh, and Forested Planting Zones. Seeds selected by Contractor shall have a minimum of ninety (90) percent purity, a minimum of eighty (80) percent germination, and a maximum of 1.0 percent weed seed. b. Due to irregular shapes and sizes of planned wetland and upland inclusions within the constructed cells, the entire mitigation site (including berms) shall be seeded, with the exception of the small Open Water Planting Zones indicated on plans within wetland cells El, E2, E4, and W2. Upon selection of seed mix from candidate species list, Contractor shall submit list of selected species to Wetland Scientist. The list shall include the following: i. Number of seeds/ounce of each selected species ii. Name, address, and phone number of seed supplier I I I I Section 02921- Seedbed/Seeding Specs 02921-8 I I 1 1 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications iii. Age of seeds iv. Genetic origin of seeds. d. Seeding for each candidate species shall be based upon a pounds PLS per acre. Contractor shall no -till broadcast apply selected seeds at a minimum amount using the following criteria in applicable planting zones: ff"fRm_*4 i. , -t: Upland Grass/Sedge/Rush Species 15 10 0.5 to 1.5 Upland Forb Species 20 10 0.5 to 1.0 Wet Meadow Grass/Sedge/Rush Species 10 10 0.25 to 1.0 Wet Meadow Forb Species 15 10 0.5 to 1.5 Marsh Grass/Sedge/Rush Species 5 10 0.1 to 1.0 Marsh Forb Species 2 10 3.0 to 7.0 67 species 20 Lbs/Acre e Upland Candidate Grass/Sedge/Rush Species: Contractor shall select a minimum of fifteen (15) species from the list below. Where three (3) or more species of the same genus are listed, Contractor shall plant at least one (1) species of that genus. No more than two (2) species of any given genus shall be planted. ndro 0 on gerardii big bluestem FAC ndro 0 on gyrans Elliott's broom sedge UPL ndro 0 on ternarius splitbeard bluestem FACU ristida purpurascens arrow feather UPL ristida purpurea purple three -awn UPL Bulbostylis capillaris hair sedge FAC Carex bicknellii prairie sedge FAC- Carex bushii Bushe's sedge FACW Coelorachis cylindrica pitted joint ass FAC anthonia spicata poverty oat grass UPL Digitaria cognata fall witch grass UPL Elymus canadensis Canada wild rye FAC 1 mus virginicus silky wild lye FAC Era grostis spectabilis purple love grass FACU oxis hirsuta yellow star grass FAC uncus interior inland rush FACU anicum ance s beaked panic grass FAC- anicum Dichanthelium de au eratum starved panic grass UPL anicum Dichanthelium lineari olium slender -leaved panic grass UPL Panicum(Dichanthelium) oligosanthes Scribner's panic grass FACU Pan icum Dichanthelium sphaerocarpon on round -seed panic grass FACU anicum vir atum switch ass FAC+ Schizachyrium scoparium little bluestem FACU cleria triglomerata nutsedge FACU+ Section 02921- Seedbed/Seeding Specs 02921-9 I Section 02921 - Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Unland Candidate Grass/Sedge/Rush Species — (continued) Setaria arvifora knotroot bristlegrass FAC Sor hastrum nutans Indiangrass FACU Sporobolus heterolepis prairie dropseed FACU- Sporobolus neglectus small rush grass UPL Sporobolus vaginillorus sheathed rush grass UPL Tri sacum dactyloides eastern gama grass FAC+ I I I I f Upland Candidate Forb Species: Contractor shall select a minimum of twenty (20) species from the list below. Where three (3) or more species of the same genus are listed, Contractor shall select at least one (1) species of that genus. No more than two (2) species of any given genus shall be selected. 'rough false foxglove FACU lata 7morphacanescens eared false foxglove UPL ulata fasciled a alinis FAC+ colic root FAC+ cens leadplant UPL ntennaria ne lecta prairie pussytoes UPL Antennariaplantaginifolia pussy toes UPL Apocynum androsaemi olium spreading dogbane UPL Apocynum cannabinum prairie dogbane AC- scleias amplexicaulis sand milkweed UPL scle ias hirtella tall green milkweed UPL •Ascle ias purpurascens purple milkweed FACU scle ias tuberosa butterfly weed UPL scle ias verticillata whorled milkweed UPL scle ias viridis green -flowered milkweed UPL Aster ericoides heath aster FACU- Aster oblon i olius aromatic aster IJPL Aster paludosus hemis hericus southern prairie aster FACW Aster sericeus silky aster FAC- Aster turbinellus prairie aster UPL Baptisia alba white false indigo Baptisia bracteata longbract wild indigo NL Bouteloua curlipendula side -oats grama NL Callirhoe digitata fringed poppy mallow UPL Castilleja coccinea Indian paintbrush FAC Cirsium altissimum tall thistle UPL Cirsium carolinianum Carolina thistle UPL Comandra umbellate false toadflax FACU Coreo sis randWora large -flowered coreopsis UPL I L I I I I El I I I Section 02921- Seedbed/Seeding Specs 02921-10 , Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications I Upland Candidate Forb Species (continued) I I I I I I LI Coreo sis lanceolata sand coreopsis FACU Coreo sis palmata prairie coreopsis UPL Coreopsis tripteris tall coreopsis FAC Corydalis crystallina mealy corydalis UPL Dalea candida white prairie clover UPL Daleaprupurea purple prairie clover UPL Delphinium carolinianum prairie larkspur UPL Desinodium sessilf oliumsessile-leaved tick trefoil UPL odecatheon meadia shooting star FACU chinacea pallida pale purple coneflower UPL Echinacea purpurea purple coneflower UPL Eryngium yucci olium rattlesnake master FAC Eupatorium altissimum tall boneset FACU- Euphorbia corollata flowering ur e UPL Fragaria virginiana wild strawberry FAC- Gentiana puberulenta downy gentian FACU us mollis down sunflower Lus occidentalis few -leaf sunflower FACU hirsuta ellow star ass FAC andelion K otato dandelion FACU canadensis wild lettuce FACUs era rough blazing star UPL Liatris pycnostachya prairie blazing star FACU iatris squarrosa scaly blazing star UPL Linum sulcatum grooved yellow flax UPL Lithospermum canascens hoary uccoon UPL Lysimachia lanceolata lance -leaved loosestrife FAC Orbexilum edunculatum Sampson's snakeroot UPL Oxalis violacea violet wood sorrel UPL Pedicularis candensis early wood lousewort FACU+ enstemon digitalis foxglove beardtongue FAC Phlox pilosa sand prairie phlox FACU+ Polygala sanguinea red milkwort FAC- Polygala verticillata whorled milkroot UPL Polytaenia nut/a/lu prairie parsley UPL Pycnanthemum tenuf olium slender mountain mint FAC Rudbeckia hirta black-eyed Susan FACU Ruellia humilis hairy wild petunia FACU Scutellaria parvula australis southern small skullcap FACU Silene re is royal catchfly Sit hium integr4folium rosinweed NL Section 02921- Seedbed/Seeding Specs 02921-11 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Upland Candidate Forb Species (continued) Sil hium laciniatum compass plant NL Solidago speciosa showy goldenrod 7tP7 Stylosanthes b(flora pencil flower Tephrosia virginiana goat's rue tJPL Tradscantia ohiensis common spiderwort AC- Verbesina helianthoides win stem UPL Vernonia arkansana great ironweed FAC Viola pedata bird's foot violet FACU g. Wet Meadow Candidate Grass/Sedge/Rush Species: Contractor shall select a minimum of ten (10) species from the list below. Where three (3) or more species of the same genus are listed. Contractor shall select at least one (11 snecies of that ¢enus. ndro 0 on gerardii big bluestem FAC Carex am hibola narrow -leaf sedge FACW Carex annectens ellow-fruited sed e FACW Carex bushii Bush's sedge FACW Carex lu ulina hop sedge OBL Carex lurida shallow sedge OBL Carex meadii Mead's sedge FAC Carex molesta troublesome sedge FAC Carex oklahomensis Oklahoma sedge FAC Carex sco aria pointed broom sedge FACW Carex sparganioides anioides bur -reed sedge FAC-1- Carex tribuloides blunt broom sedge FACW+ Carex vulpinoidea fox sedge OBL Cyperus pseudovegetus marsh flatsedge FACW Cyperus strigosus straw-colored flatsedge FACW Eleocharis wo fi olf's spike rush DBL imbristylis puberula Vahl's hairy fimbry DBL Juncus acuminatus harp -fruited rush DBL Juncus b Torus two -flowered rush FACW Juncus brachycarpus short -fruited rush FACW Juncus dichotomous forked rush FACW Juncus d&usissimus slim pod rush FACW Juncus effusus soft rush ACW+ uncus marginatus ass -leaved rush FACW+ Juncus nodatus tout rush DBL Juncus torreyiTorrey' s rush FACW Panicum virgatum witchgrass FAC+ Rhynchospora capitellata lustered beak rush DBL Li El I Li I I I I I I Section 02921- SeedbediSeeding Specs 02921- 12 1 1 I 1 I I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Wet Meadow Grass/Sedee/Rush Snecies (continued) Rhynchospora ora lobularis grass beak rush OBL Rhynchospora ora macrostachya horned rush OBL Spartina pectinate prairie cord grass DBL Tridens strictus Iongspike tridens FACW Tripsacum dactyloides eastern gama grass FAC+ h. Wet Meadow Candidate Forb Species: Contractor shall select a minimum of fifteen (15) species from the list below. No more than two (2) species of any given genus shall be selected. Agrimonia parvflora small flower groovebur FAC Amphicarpaea bracteata hog peanut FAC Apocynum cannabinum prairie do bane FAC- scle ias amplexicaulis sand milkweed UPL scle ias hirtella tall green milkweed UPL scle ias incarnate pink swamp milkweed OBL Asciepiaspurpurascens purple milkweed FACU scle ias viridis green milkweed FACW- Aster lanceolatus panicled aster FACW Aster paludosus hemis hericus southern prairie aster FACW Aster praealtus willow aster FACW- Bidens aristosa tickseed sunflower FACW Bidensfrondosa devil's Beggar's ticks FACW oltinia asteroids white doll's daisy FACW oltonia dtsa doll's daisy FAC Cicuta maclata water hemlock OBL Eryngium yucqfolium rattlesnake master FAC Eupatorium perfoliatum common boneset FACW+ uthamia gymnospermoides Great Plains goldenrod FAC+ elenium exuousum purple-headsneezeweed FACW Hibiscus lasiocarpus rose mallow OBL Iris virginica shrevei blue flag iris OBL iatris mucronoata narrow -leaved gayfeather FACW Lobelia cardinalis cardinal flower OBL Lobelia siphilitica great blue lobelia OBL udwi is alterni olia seedbox OBL co us americanus common water horehound OBL Oxypolis rigidior cowbane OBL Paspaluinjioridanum Florida crowngrass FACW- Paspalum laeve field crowngrass FACW- Phlox pilosa prairie phlox FAC+ Section 02921- Seedbed/Seeding Specs 02921- 13 Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Wet Meadow Candidate Forb Species (continued) 1 El I I I I Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications L] Marsh Candidate Forb Species: Contractor shall select a minimum of two (2) species from the list below. I I 1 I 1 I I I lisma subcordatum water plantain OBL scle ias incarnata pink swamp milkweed OBL idens cernua nodding beggar's ticks OBL Iris virgin ica shrevei southern blueflag OBL tsuimulus min ens Monkey -flower OBL Penthorum sedoides ditch stonecrop OBL Polygonurn hydropiperoides i eroides wild water pepper OBL Proserpinaca palustris mermaid weed OBL Sagittaria lati olia broad -leaf arrowhead OBL Saururus cernus lizardtail OBL S ar anium americanum bur -reed OBL Contract Plant Material Procurement: a. Contractor shall be allowed to procure plant materials through a contract nursery or grower, based solely upon approval of Wetland Scientist. If Contractor procures plant material through a contract grower, Contractor shall forward one (1) copy of a confirmed purchase order listing the quantity and species ordered to the Wetland Scientist within thirty days (30) of the award of the contract. The Contractor shall be responsible for all certificates of inspection of plant materials that may be required by Federal, State, or other authorities to accompany shipments of plants or seeds. 6. Genetic/ Elevational/Exposure Origin: a. The genetic stock for shall be chosen to provide typical forms of the species and include the capacity to bear fertile fruits, as approved by the Wetland Scientist. Obtaining plant material from within the general area, plant hardiness zone, and from similar local habitats with regional genetic origin will be most desirable. For seeds and rootstock, the genetic origin shall be limited to the geographical boundaries not to exceed a distance of 250 miles east or west of the mitigation site, or exceed a distance of 300 miles north or south of the mitigation site, or as approved by Wetland Scientist. b. For all plant species, A Synonymized Checklist of the Vascular Flora of the United States, Canada and Greenland: Volume II; The Biota of North America (Kartesz and Kartesz, University of North Carolina Press, 1980, or later edition) shall be the authority for the plant names. The Contractor shall supply certification from the suppliers that the plants supplied are the plants specified or agreed to under substitution. No compensation shall be made for materials or the cost of installation for plant species that are not specified, unless substitutions are approved by Wetland Scientist. Hand Tools: a. All hand tools, including rakes and scarifying tools, shall be of sturdy construction and manufactured of high -quality materials. These tools shall be capable of efficiently performing the required work, as solely determined by the Wetland Scientist. Any tools determined to be substandard by the Wetland Scientist shall not be utilized for this ' Section 02921- Seedbed/Seeding Specs 02921- 15 0 Section 02921 - Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications work and shall be removed from the work site by the end of the working day. At no additional cost to the City of Fayetteville, the Contractor shall supply new tools capable of performing the required work within twenty-four (24) hours of the rejection of any tools. 8. Vehicles: a. Transport of materials will likely require the use of four (4) -wheel -drive All Terrain Vehicles (ATV) equipped with appropriate off -road tires and transport beds. If directed by the Wetland Scientist, such vehicles shall be utilized without additional compensation by the City of Fayetteville. The Contractor shall have a sufficient number of vehicles of the capability to transport the materials and efficiently supply the work crews with tools and materials, as solely determined by the Wetland Scientist. 9. Herbicide and Herbicide Application Equipment: a. The herbicide(s) shall be approved by the U.S. Environmental Protection Agency. Contractor shall select and use the appropriate herbicide(s) that kills undesirable woody plants, grasses, and broadleaf plants. The Contractor shall submit to the Wetland Scientist, in writing, the name of the herbicide, its manufacturer, Material Safety Data Sheet, and additional information that describes its proper use, application rates, residence time, usage precautions and restrictions, and the method and equipment proposed for its application, at ten (10) days prior to its use. The Contractor shall submit evidence that the Contractor, or Contractor's designated agent, is certified/licensed/permitted by the Arkansas State Plant Board to handle and apply the herbicide at the work site. The Wetland Scientist reserves the right to deny the use of the herbicide at any time, including the method and equipment used for its application. b. Contractor shall select appropriate herbicide for application onto targeted plant species. Approved herbicides shall include: 2,4-D Glyphosate Ammonium salt of glyphosate Sethoxydim Triclopyr (as butoxy ethyl ester); Ammonium salt of Imazapic Metsulfuron-methyl Halosulfuron-methyl Pelargonic acid c. Prior to application of herbicides, Contractor shall visit the Mitigation Site and conduct an assessment for rare and endangered plant species targeted for protection from herbicide application. Contractor shall submit list of rare and endangered plant species to Wetland Scientist at least ten (10) days prior to herbicide application, and a description of how rare and endangered species will be protected from herbicide application. Protection of rare and endangered plant species shall be implemented prior to herbicide application, 11 I I I I I I I I i I I I I Li Section 02921- Seedbed/Seeding Specs 02921- 16 , I I I I I I I Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications d. Prior to application of herbicides, Contractor shall visit the Mitigation Site and conduct an assessment for undesirable, invasive, and non-native plant species targeted for herbicide application. Contractor shall submit list of targeted undesirable and invasive plant species to Wetland Scientist at least ten (10) days prior to herbicide application, to augment current list prepared by Wetland Scientist, as follows. Targeted undesirable non-native species include: Cynodon dactylon Bermuda grass aucus carota Queen Anne's lace Dactylis glomeratus orchard grass chinochloa crus-galli barnyard grass estuca arundinacea tall fescue Lespedeza cuneata sericea lesdeza Lonicerajaponica onica Japanese honeysuckle Melilotus albus white sweetclover Pyrus calleryana callery ear Rosa multi ora multiflora rose Sorghum halepense Johnson grass Carduus nutans nodding thistle olcus lanatus velvet grass e. Within ten (10) days after contract award, Contractor shall submit Herbicide Application Plan that describes herbicides to be used, application rates, targeted plant species, and season of application. If. Herbicide formulations may be applied by directed foliar and backpack or ATV - mounted sprayer applied within wetland cells. Boom spraying may be allowed for earthen berms upon approval from Wetland Scientist. g. Liquid formulations of herbicides shall be applied through spray nozzles designed to minimize turbulence and maintain a large droplet size, both of which contribute to a ' reduction in spray drift. Herbicide applications may only be made under meteorological conditions that minimize the potential for spray drift. ' 10. Controlled Bum Equipment: a. Contractor shall provide necessary equipment to safely and efficiently conduct controlled bum, including, but not restricted to: Ii. Forest Service -approved fire rakes with head bolted on ii. Drip torches with three (3) to one (1) mix of fuel oil and gasoline iii. Fire swatters having twelve (12) to eighteen (18) inch reinforced rubber attached to five (5) foot handle iv. Five (5) gallon capacity backpack or ATV mounted water pumps with slide-action pump with capability of shooting a water stream twenty (20) feet Iv. Adequate reserve water storage in large capacity onsite tank vi. Fire safe clothing, such as avoiding synthetics that melt vii. All equipment connections shall have fittings, and threads that are compatible with standard firefighting equipment. Section 02921- Seedbed/Seeding Specs 02921- 17 I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications 12. 13 Water: a. Water applied to the mitigation site for any purpose shall be fresh water that is free from toxic substances and chemicals that may be injurious to plant growth. Trucks, hoses, and other watering equipment required to transport water from a source to the seeding area shall be included as part of the work with all costs incidental to this item. Water required for the plant stock and to maintain the proper moisture levels in the planting bags shall be fresh water free from toxic substances and chemicals injurious to vegetation. All water sources are subject to approval by the Wetland Scientist. Miscellaneous Materials: a. Perlite, sawdust, rice hulls, and vermiculite shall be suitable for agricultural/horticultural uses with an average particle size in excess of three (3) millimeters. These materials shall contain no germination, growth -inhibiting properties, or elements or compounds at concentrations that will be phytotoxic. Sand shall be either fine (0.1 - 0.25 millimeter diameter), medium (0.25 - 0.5 millimeter diameter), or coarse (0.5 - 1.0 millimeter diameter) class sand, as specified. The sand shall contain no germination, growth -inhibiting properties, or elements or compounds at concentrations that will be phytotoxic. b. All shipping materials, equipment, planting tools, and incidentals necessary to complete the item shall be subject to approval by the Wetland Scientist. Substandard, defective or damaged tools and items, as solely determined by the Wetland Scientist, shall not be used and shall be removed from the site by the close of the working day. Specialized planting tools or tool configurations may be required, as specified on the plans or in the bid documents. Tractor/AT V a. Low -ground pressure tractors, as advertised by the manufacturer and as approved by the Wetland Scientist, shall be utilized for this work without any additional compensation to the Contractor. When requested by the Wetland Scientist, the Contractor shall supply manufacturer's literature advertising the equipment as low - ground pressure. The tractor shall have the hydraulic lines and characteristics necessary for proper operation of attachments as designed and recommended by the attachment manufacturer. It shall be the Contractor's responsibility to ensure that all equipment possesses sufficient power and is of appropriate design and weight distribution to complete the operations. For some operations, an All Terrain Vehicle (ATV) may be used, provided the Contractor can demonstrate to the Wetland Scientist that the ATV can perform specified operations. The ATV shall have a minimum of 400 cubic centimeter engine displacement, and shall be equipped with four-wheel drive. 14. Broadcast Seeder a. Allowable broadcast seeding equipment shall include Vicon seeder, or equivalent, as determined by Wetland Scientist. Gravity -drop seeders may be utilized if the Contractor can demonstrate to the Wetland Scientist that the seed can be placed evenly across the entire site at the specified rate. The broadcast seeder shall be capable of seeding both fluffy seeds and chaffy seeds and mixtures of different seed types, sizes and shapes, simultaneously. Modified broadcast seeding equipment that has I I I I I Section 02921- Seedbed/Seeding Specs 02921- 18 I Li I I I I I I 1 1 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications attachments, such as a cultipaker, chain harrow, or a series of chains to enhance seed/soil contact and cover shall not be attached to equipment at time of seeding operation. F. Mitigation Methods 1. General: a. The Contractor shall examine the area and conditions under which work is to be performed. The area must be properly prepared before commencement of herbicide application, controlled burning, or seeding operations. The Wetland Scientist is to be notified in writing of conditions that may be detrimental to the proper and timely completion of the work. The Contractor shall identify those areas that are detrimental for Contractor's activities and consult with the Wetland Scientist to determine corrective actions. No work is to proceed until either the condition is corrected or a waiver is granted from the Wetland Scientist. b. The Contractor shall be responsible for performing all work necessary to achieve and maintain an acceptable seedbed prior to seeding as directed by the Wetland Scientist at no additional cost to the City of Fayetteville. c. The general sequence of the Phase I Wetland Mitigation Site Seedbed Preparation and Seeding will involve: Herbicide application: Initial herbicide application has been completed under a separate contract during late summer of 2006. Follow-up herbicide applications from the period of October 1, 2006 through October 31, 2006 shall be included as a part of the specifications contained herein. ii. Prescribed burn: The prescribed bum shall be completed after October 31, 2006, subsequent to completion of herbicide application(s) and before fall seeding. iii. Fall seeding shall not commence until completion of prescribed burn, but completion of seeding must be before December 15, 2006. iv. Spot herbicide application for cool season undesirable plants shall be continued, as necessary, after completion of fall seeding until the end of the contract term on February 28, 2007. 2. Early Fall Herbicide Applications: a. Contractor shall apply short duration herbicide to eradicate existing invasive and non - desirable plant species. Spot application of herbicides within wetland cells, earthen berms, and within a buffer area that extends no more than twenty five (25) feet beyond the exterior perimeter of the berms, shall be done during the period of October 1 through October 31, 2006. Boom spray application may be done upon earthen berms, upon receiving approval from Wetland Scientist. Contractor shall select appropriate herbicides to apply to targeted species during this season of the year. ' Section 02921- Seedbed/Seeding Specs 02921- 19 I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications b. The method utilized by Contractor to handle and apply the herbicide at the site shall conform to all applicable Federal, State, and local regulations and guidelines. The rate of herbicide application shall be in accordance with the manufacturer's recommendations for wet prairie treatment, as approved by the Wetland Scientist, c. Contractor shall mix herbicides prior to application following manufacturer label instructions, and may use manufacturer recommended oil -water emulsions, spray adjuvants, and/or surfactants. Contractor shall apply mixed herbicide(s) following manufacturer label instructions. d. The herbicide shall not be applied during periods of winds over five (5) mph, during rainy weather, or within seventy-two (72) hours of anticipated rain. Only within those areas specified on the plans, or as solely determined by the Wetland Scientist, shall the approved herbicide be applied. Following any application of the herbicide, no activities are to be conducted on the seedbed for a minimum of seventy-two hours (72) hours or longer, as determined by the Wetland Scientist. The Contractor shall be responsible, at Contractor's own expense, for restoring, to the satisfaction of the Wetland Scientist, any area outside of the designated areas specified on the plans that is injured/damaged by the use of a herbicide. e. Contractor shall follow regulations of the Arkansas State Plant Board, written pursuant to the Arkansas Pesticide Use and Application Act, Act 389 of 1975, as amended, and the Arkansas Pesticide Control Act, Act 410 of 1975, as amended, (also known as "The Arkansas Regulations On") when delivering, storing, or applying herbicides at the work site. f. Herbicide applications shall be made only when the wind is not blowing in the direction of desirable vegetation, waterways, or where human health or the environment may be adversely impacted. I g. Herbicides shall be applied upon Upland, Wet Meadow, Marsh, and Forested Wetland Planting Zones designated on plans by backpack or ATV -mounted sprayer spot application. Herbicide application to undesirable woody plant species shall be done via swab application to cut stems. Contractor shall establish transects for areas where herbicides will be applied, to ensure thorough coverage of individual undesirable plant species. A minimum of two complete herbicide applications to the mitigation site shall be performed by Contractor prior to prescribed bum. If prescribed bum is not completed by November 30, 2006, Contractor shall complete a third herbicide 1 application. h. Contractor shall use appropriate colorfast or spray pattern indicator dye that is compatible with selected herbicide, to indicate individual plants where herbicides have been applied. i. Herbicides shall not be applied at areas of existing desirable species of mature trees or shrubs. The Contractor shall notify the Wetland Scientist at least twenty-four (24) hours prior to any herbicide application and shall indicate the intended date and time of application. , j. Contractor shall be fully responsible for maintaining herbicide application crew that has been properly trained and is provided with appropriate equipment, safety gear, and Section 02921- Seedbed/Seeding Specs 02921-20 , 1 ' Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications clothing. Contractor shall be responsible for security of stored herbicides to prevent theft, vandalism or accidental exposure. Contractor shall be responsible for disposal/recycling of empty herbicide containers, following manufacturers recommendations and local, state, and federal requirements. ' k. Contractor shall maintain records of date(s); herbicide(s) used; application rate; additives used; target species; and area(s) applied for each herbicide application, and shall submit such records to Wetland Scientist with seven (7) days of completion of ' each herbicide application. 3. Prescribed Burning: a. Subsequent to Early Fall Herbicide Applications, Contractor shall prepare for a controlled burn within each of the seven (7) wetland cells. Contractor shall be responsible for thorough planning and utilize an experienced crew to prevent escape of prescribed burn. Within a minimum of two (2) weeks prior to controlled bum, Contractor shall develop and submit a Bum Plan to Wetland Scientist to locate hazards near the site, such as homes, fuel/chemical storage areas, overhead utility wires and creosote power poles, and areas of dense fuel. The Burn Plan shall include a list of equipment and human resources that Contractor shall provide to conduct controlled burn. ' b. Upon approval of Bum Plan by Wetland Scientist, Contractor shall schedule controlled burn, based upon prediction of favorable weather conditions, and shall notify Wetland Scientist at least seven (7) days in advance of beginning burn. Contractor shall complete controlled within each of the seven (7) wetland cells individually, and shall not be allowed to bum more than one cell at any given time. Contractor shall complete bum of any given cell, and shall not commence bum on other cells with prior approval of Wetland Scientist. c. If prevailing weather conditions are unfavorable for scheduled burn date(s) Contractor shall reschedule controlled burn and notify Wetland Scientist accordingly. Wetland Scientist shall reserve the right to cancel controlled bum if conditions are not favorable. Id. The controlled burn shall begin at mid -day when the relative humidity is between 30 and 60 percent, the wind is a steady breeze from three (3) to ten (10) miles per hour, and the temperature is between 40 to 60 degrees Fahrenheit. e. At the beginning of each bum day, Contractor shall determine hazards which would be in the path of an escaped fire during that day's burn, and alert burning crew of any ' special considerations. Contractor shall be responsible for determining under what conditions it would be necessary to contact the fire department or police for emergency assistance, and designate a person to do so. In case of an escaped fire, Contractor shall determine where the day's wind would take the fire, and locate the nearest natural firebreak, such as a road or unvegetated area that may stop a racing fire. Should a fire escape, Contractor shall divide crew into two groups and work on opposite flanks of the escaped fire to extinguish the edges and work toward the middle so as to narrow the line of fire while the leading edge bums toward the natural firebreak. Contractor shall be responsible for preventing windblown burning debris from crossing the firebreak and starting new fires. Section 02921- Seedbed/Seeding Specs 02921-21 Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications f. Contractor shall terminate and reschedule bum when site conditions change, such as ' sudden gusts of wind and lowering relative humidity, that make control of prescribed bum more difficult to control. Wetland Scientist reserves the right to. terminate controlled burn should changing conditions increase burn hazards. g. Contractor shall be responsible for providing all safety equipment necessary to protect workers and shall be responsible for implementing all safety measures to prevent worker injury from bums and/or smoke inhalation. Contractor shall be responsible for providing a well -trained bum crew experienced in conducting prescribed bums, and shall maintain adequate personnel to safely conduct bum. h. Contractor shall be fully responsible for preventing the escape of fire to adjacent areas, and shall be responsible for damage to persons or property from escaped fire. Contractor shall be responsible for notifying City of Farmington and City of Fayetteville Fire and Police Departments, and area residents regarding scheduling of controlled burn. i. Contractor shall maintain records of date(s) and area(s) burned, and shall submit such records to Wetland Scientist with seven (7) days of completion of controlled burn for each area (i.e. wetland cell) burned. Bum Procedures: a. Contractor shall mow and/or bum firebreaks around perimeter of each wetland cell prior to conducting final controlled burn. Firebreaks shall be burned at right angles to , the wind. Example — If wind is out of the north, make firebreak on south and north borders. Make first break in east -west direction at south end by starting fire at southwest corner and dragging it five (5) to ten (10) feet eastward, quickly extinguish flames carried with the wind on the south side, and allow fire to slowly back into the wind on the north side. Set fire slowly enough so crew can keep up. Allow back fire to bum until the firebreak is three (3) to twenty (20) feet wide, then extinguish it and drag the fire another ten (10) to forty (40) feet east. Again, quickly extinguish south side of flames carried with the wind and allow back fire to burn north against the wind. Repeat the process until there is a firebreak the length of the area to be burned. Keep the backfire to a manageable length, usually forty (40) feet or less to prevent sudden wind shift from transforming a slow back fire into a blazing head fire. Create a second line of fire five (5) to ten (10) feet upwind and parallel to first line of back fire, and the wind will drive this second line into the backfire of the first line, quickly widening the firebreak. After the firebreak has been completed within a wetland cell, Contractor shall conduct controlled bum by strip head fire technique whereby downwind firebreak is widened with the back fire so the first strip will not jump across, and subsequently set each strip head fire upwind and at a distance appropriate to keep flame length and fire intensity at a manageable level (see figure below). The strips can vary from 20 feet to 150 feet wide, and Contractor shall adjust fire intensity by varying the width with changing weather or fuel, conditions. Small areas of heavy fuel shall be back fired. The person igniting the strip fire shall discontinue each strip well before it reaches the oncoming firebreak, especially if fuel is heavy near the break. The drip torch shall then be tipped up (or extinguished) and carried to the point where the backfire from the previous strip meets the firebreak. At this point, the person carrying the drip torch shall begin a flank Section 02921- Seedbed/Seeding Specs 02921-22 1 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications fire that will bum a necessary break up to the point where the next strip will start in order to prevent the suppression crew from having to control a head fire immediately adjacent to the firebreak. Otherwise, normally, the suppression crew shall only control back fires and flank fires. Head fires shall be controlled by back fires or wide firebreaks. The greatest fire intensity will occur at the convergence of a head fire with I. back fire of the previous strip, where they interact to produce the largest flames, highest intensity, and greatest thermal updrafts. When three or more strips are burning, interaction can create unexpectedly fierce fires, especially when fuels are heavy, winds are light, and strips are closely spaced. Contractor's bum crew shall keep fire lines relatively straight and at a right angle to the wind, to prevent a deep curve in the line from forming and allowing fires on either side of the curve to come together and produce intense local fires. Upon completion of controlled bum within each wetland cell, Contractor shall fully extinguish all embers to be sure fire is out. Smoldering areas shall be raked and fully extinguished with water. I I 11 I I I c. Flank fire e. Flank fire d. Second strip head fire �hw.na a dop i D INU1 �KMmrwN�' - - orwmN f. Final strip head fire b. Contractor shall be responsible for protecting existing trees and shrubs around existing ponds in Wetland Cells E4, WI and W2. Contractor shall remove existing east/west fencing that separates northern half of mitigation site from southern half of mitigation site. Contractor may choose to remove fencing prior to, or after, conducting controlled burning, after conferring with Wetland Scientist. ISection 02921- Seedbed/Seeding Specs 02921-23 I Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications c. Contractor shall be responsible for coordination and scheduling of prescribed burning to not interfere, interrupt, or jeopardize the safety of work crews performing work duties on Broyles Road improvements, Contract WL-5 force main construction activities, or construction of the new Westside Wastewater Treatment Facility. Contractor shall be responsible for avoiding endangerment of nearby chemical and fuel storage areas, and buried or overhead utilities during prescribed burning activities. d. After fire from controlled burn has subsided, Contractor shall examine site for, and extinguish all smoldering embers. 5. Fall Seeding: The fall seeding methodology shall be by broadcast over -seeding to be completed after controlled burn, and no later than December 15, 2006. The method of broadcasting the seed shall result in all individual elements of the seed mix being evenly sown at the specified rates across the entire specified seeding zones. Uneven seeding will not be accepted. The method and equipment used for broadcasting the seed shall be subject to approval by the Wetland Scientist. Due to the variability of seed sizes among plant species, Contractor may be required to make a minimum of two passes to assure uniform dispersal of seeds is accomplished. b. The Contractor shall notify the Wetland Scientist at least ninety six (96) hours in advance of the time Contractor intends to begin seeding operation, and shall not proceed with such work until approval to do so has been obtained from Wetland Scientist. When delays in operations carry the work beyond the dates that are specified in the schedule or when conditions of high winds, excessive moisture, or ice are such that satisfactory results are not likely to be obtained at any stage of the work, the Wetland Scientist may stop the work. The work shall be resumed with the Wetland Scientist's approval when the desired results are likely to be obtained or when approved corrective measures and procedures are adopted. Unless directed by the Wetland Scientist, no seeding shall occur until seedbed preparation has been completed and approved by Wetland Scientist. All seeding operations shall be initiated and completed within the seeding window(s) appropriate to the seed mix selected, following seed supplier recommendations, or as specified herein. Seeding shall not be done during periods of rain, severe drought, high winds, excessive moisture, frozen grounds, or other conditions that preclude satisfactory results. All seeding is to be done in moderately dry to moist (not flooded) soil and at a time when the wind does not exceed a velocity often (10) miles an hour, or as directed by the Wetland Scientist. lf required for good establishment as directed by the Wetland Scientist, the area shall be watered prior to the seeding operation at the rate of /. inch, with all costs for this watering incidental to the item. d. After receiving the approval of the Wetland Scientist for the seed, the seed mix shall be thoroughly and completely blended with inert materials until a homogeneous mixture is achieved, subject to approval of the Wetland Scientist. The mixing of the seed mix with the inert material shall be by volume. Where legume inoculants are required, the seed and inoculant shall be mixed immediately prior to the incorporation of the inert materials. Following mixing of the seed with the inert materials, the seed/inert material mixture shall then be uniformly and evenly broadcast over the entire East and West I I I I I I 1 1 I 1 I 1 1 i I I I Section 02921- Seedbed/Seeding Specs 02921-24 1 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications IMitigation Sites, with the exception of the Open Water Habitat Areas, as designated on Plans. Ie. Seeding shall be at a uniform density that shall achieve a minimum of fifty-three (53) pure live seeds per square foot. All seed boxes, bins, and seeding equipment shall be free of residual seed. f. The seeding equipment shall have openings set so that larger or fluffier seeds will fit through, but not so wide that smaller seeds are applied too densely. If determined to be necessary by Wetland Scientist, Contractor shall make separate seeding applications for separate seed mixes, based upon seed size. 1 g. Seed mix shall be blended with equal volume of inert weed -free carrier that is visible (such as cracked wheat, rice hulls, ground corn cobs, vermiculite, coarse sand, or perlite) so that seed density in areas seeded is easily observed. Ih. Contractor shall make a minimum of two passes for seeding. Seed mix shall be divided into two (2) equal parts by volume, mixed with inert carrier, and broadcast during the first pass in a north -south direction. The second pass shall use the other portion of seed to be applied in an east -west direction. Wetland plant seeds usually need light in order to germinate, therefore, Contractor shall plant seeds on the soil surface or no more than 1/8 -inch depth. Seeding equipment shall be calibrated for appropriate application rate. If unplanted skips are noted after germination, Contractor shall be responsible for seeding unplanted areas identified by Wetland Scientist. i. During the seeding operation, the individual components of the seed mix shall be distributed uniformly and evenly across the acreage and changes in the mix due to loss of small -seeded species, or for any other reason, shall not be accepted without prior approval of Wetland Scientist. Areas not seeded at specified density or areas where the seed has not been broadcast onto the seedbed at proper density will not be accepted, and no compensation for materials or labor for this rejected work will be made by the City ' of Fayetteville. Acceptance of seeding shall be determined solely by Wetland Scientist. j. Following installation of seed, seeded areas shall not be disturbed in any manner by vehicular, foot, or other traffic other than specified herein, or approved by the Wetland Scientist. Particular care shall be taken to ensure complete and accurate coverage at the prescribed rates. Proper predetermined quantities of the seeding mixture in accordance ' with the specifications shall be used to cover all specified or designated seeding areas. Any area inadequately covered, as solely determined by the Wetland Scientist, shall be reseeded/retreated at no additional cost to the City of Fayetteville. k. Contractor shall maintain records of date(s); seed mix(es) applied; application rate; and area(s) applied for each wetland cell that is seeded, and shall submit such records to Wetland Scientist with seven (7) days of completion of each seeding application. 6. Seed/Inoculant Handling: a. During all operations including Contractor storage, seeds and seed bags shall be kept covered, shaded, and out of direct sunlight. Seeds shall not be stored or temporarily stored in locations or vehicles where the temperature will be in excess of 90 degrees Fahrenheit. Legume inoculant shalt be refrigerated until immediately prior to use. At Section 02921-Seedbed/Seeding Specs 02921-25 I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications no, time, shall the inoculant be exposed to direct sun or temperatures in excess of 70 degrees Fahrenheit. Inoculation of the seed shall occur immediately prior to commencing the seeding operation. If approved by the Wetland Scientist, inoculation may occur within a window twenty-four (24) hours prior to the seeding with the requirement that the seed be temporarily stored at a temperature of less than 75 degrees Fahrenheit. For all seeding protocols, inoculant shall be utilized at three (3) times the rate indicated on the packaging. b. It is the sole responsibility of the Contractor to supply approved seed that meets the percent germination and percent purity requirements. All storage requirements and stratification considerations shall be the sole responsibility of the Contractor. Contractor shall be solely responsible for maintaining proper storage conditions of stratified seeds to prevent excessive drying that may place the seed in deep dormancy that may be difficult to overcome. Landscape Watering/Dewatering: a. Contractor shall maintain rain gauge at site and keep records of water contributed to Mitigation Site by rainfall. Potable water sources will be available at the mitigation site. Contractor shall be responsible for payment for water usage to the City of Fayetteville, and for installation of backflow prevention device on water source. The City of Fayetteville will provide a water meter. Contact David Jurgens, P.E. City of Fayetteville Water and Wastewater Director for information about fees for water usage. b. Should Contractor need to control water levels within wetland cells during plant establishment period to prevent seeds and emerging seedlings from being washed away, Contractor may need to pump water into and out of the wetland system over the course of this Contract. The initiation of the landscape dewatering shall not occur until authorized by the Wetland Scientist. All seeding shall occur without the presence of surface waters to the maximum practicable extent. During the seeding operations, and if a water level control structure is present, any excess waters shall be initially discharged via the structure. Any additional landscape dewatering that is required may be accomplished via pumping operations. The Contractor shall provide adequate watering/dewatering measures to facilitate an efficient seeding. All pumping methods and disposal of water shall be subject to the Wetland Scientist's approval including the number of pumps, the size of the pumps, pumping locations, outlet locations, and any soil erosion control measures that may be required. Pumping operations shall be limited to the elevations required to allow seeding of the designated areas that have saturated surface soils or very shallow surface waters. Each day, the previous day's logs for the pumping activities and estimated pumping quantities shall be submitted directly to the Wetland Scientist. If directed by the Wetland Scientist, the pumping operations shall immediately cease and the seeding shall occur in onsite conditions. When pumping is required, the waters pumped shall be filtered and free of suspended solids to the maximum possible extent. The waters shall be pumped and discharged in such a manner as to cause the smallest practical amount of disturbance to the surface or subsurface soils, thus minimizing the concentration of suspended solids in the water stored within the wetland. 1 Li Section 02921- Seedbed/Seeding Specs 02921-26 1 Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications 8. Cool Season Herbicide Application a. As necessary, and required by Wetland Scientists, Contractor shall conduct cool season herbicide applications, following procedures described in Early Fall Herbicide Applications, with the exception that a maximum of four spot herbicide applications 1 shall be done between the period of January 1 through February 28, 2007. G. Acceptance Criteria ' 1. Acceptance of Herbicide Application Work a. Acceptance of herbicide applications shall not occur until at least fourteen (14) days following completion of each herbicide application. Wetland Scientist shall conduct monthly site visits to evaluate work progress. During the site visit, Wetland Scientist will evaluate success rate of herbicide application(s) to undesirable plant species. Acceptance of herbicide application(s) shall be based upon a minimum coverage of eighty-five (85) percent of targeted undesirable plant species on designated areas for herbicide application(s), as indicated by dye mixed with herbicide(s); and shall be based upon a minimum of fifty (50) percent reduction of targeted undesirable plant species on designated areas for herbicide application(s), per month. Should Contractor not achieve both criteria, Contractor shall conduct an additional herbicide application, at the Contractor's expense, with no additional cost to the City of Fayetteville. 2. Acceptance of Controlled Burn Work ' a. Acceptance of controlled bum shall not occur until at least fourteen (14) days following completion of controlled bum. Wetland Scientist shall conduct monthly site visits to evaluate work progress. During the site visit, Wetland Scientist will evaluate effectiveness of controlled bum in proper seedbed preparation for seeding. Acceptance of controlled burn shall be based upon a minimum coverage of ninety (95) percent of the area designated for controlled burning, without permanent damage to any non - 1 targeted structure, equipment, shrubs, or trees. Should Contractor not achieve these criteria, Contractor shall conduct additional controlled burning, and replacement/repair on non -targeted items, at the Contractor's expense, with no additional cost to the City of Fayetteville. 3. Acceptance of Seeding Work ' a. Acceptance of the seed installation shall not occur until at least fourteen (14) days following completion of the seeding operation. Acceptance of the seed installation shall be based on proper site preparation and installation of specified seed mixes at the required density upon the areas designated for seeding, and satisfactory completion of required watering, if necessary. Those areas that fail the inspection shall be reseeded at the Contractor's expense with no additional cost to the City of Fayetteville. b. The Contractor shall maintain seeded areas throughout the term of the Contract. Maintenance shall consist of the repair of areas damaged by rainfall, erosion, wind, and t unauthorized access. The soil in such damaged areas shall be restored to specified condition and specified grade and shall be reseeded to the satisfaction of the Wetland Scientist. The Contractor shall maintain finish grades on areas to be seeded in true and even condition without ruts or tracks. When seeded areas, as determined solely by the Section 02921- Seedbed/Seeding Specs 02921-27 I Section 02921 — Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications Wetland Scientist, are not maintained, the deficient areas shall be reseeded, as directed t by the Wetland Scientist, without additional compensation until a satisfactory seed installation is established. c. All areas outside of specified limits of the mitigation site where the vegetative growth has been injuriously disturbed or destroyed by the Contractor, as solely determined by the Wetland Scientist, shall be restored and seeded in accordance with these specifications by Contractor at Contractor's own expense H. Methods of Measurement and Payment I 1. See Section 01125 of this Project Manual. 1. Submittals 1. Seed Procurement Submittals a. Within thirty (30) days of the award of the contract, the Contractor shall forward in writing a complete species listing of the proposed seeds, name and contact information of supplier(s) providing plant materials, age of seeds, and the genetic origins of the materials, and one (1) copy of a confirmed purchase order listing the quantity and species ordered to the Wetland Scientist. The Wetland Scientist will review these submitted materials. If deficient, as solely determined by the Wetland Scientist, additional information shall be forwarded to the Wetland Scientist, as requested. Any problems with obtaining any of the specified plant materials should be forwarded in , writing to the Wetland Scientist. The cause of the acquisition problem(s) shall be discussed in full and a list of vendors contacted shall be included. The Contractor shall be aware that more than one (1) vendor may be required to obtain all the necessary plant materials. Suggestions concerning appropriate substitutions may be included with this correspondence; however, only the Wetland Scientist may approve such substitutions. 2. Herbicide Application Submittals a. The Contractor shall submit to the Wetland Scientist, in writing, the name of the herbicide, its manufacturer, Material Safety Data Sheet, and additional information that describes its proper use, application rates, residence time, usage precautions and restrictions, and the method and equipment proposed for its application, at ten (10) days prior to its use. The Contractor shall submit evidence that the Contractor, or Contractor's designated agent, is certified/licensed/permitted by the Arkansas State Plant Board to handle and apply the herbicide at the work site. b. Prior to application of herbicides, Contractor shall visit the Mitigation Site and conduct an assessment for rare and endangered plant species targeted for protection from herbicide application. Contractor shall submit list of rare and endangered plant species to Wetland Scientist at least ten (10) days prior to herbicide application, and a description of how rare and endangered species will be protected from herbicide application. c. Prior to application of herbicides, Contractor shall visit the Mitigation Site and conduct an assessment for undesirable, invasive, and non-native plant species targeted for Section 02921- Seedbed/Seeding Specs 02921- 28 1 Section 02921— Phase I Wetland Mitigation Site Seedbed Preparation and Seeding Specifications herbicide application. Contractor shall submit list of targeted undesirable and invasive plant species to Wetland Scientist at least ten (10) days prior to herbicide application, to augment current list prepared by Wetland Scientist. d. Within ten (10) days after contract award, Contractor shall submit Herbicide Application Plan that describes herbicides to be used, application rates, targeted plant species, and season of application. e. The Contractor shall examine the area and conditions under which work is to be performed. The area must be properly prepared before commencement of herbicide application, controlled burning, or seeding operations. The Wetland Scientist is to be notified in writing of conditions that may be detrimental to the proper and timely completion of the work. The Contractor shall identify those areas that are detrimental for Contractor's activities and consult with the Wetland Scientist to determine corrective actions. No work is to proceed until either the condition is corrected or a waiver is granted from the Wetland Scientist. Contractor shall maintain records of date(s); herbicide(s) used; application rate; additives used; target species; and area(s) applied for each herbicide application, and shall submit such records to Wetland Scientist with seven (7) days of completion of each herbicide application. 3. Controlled Bum Submittals a. Within a minimum of two (2) weeks prior to controlled burn, Contractor shall develop and submit a Bum Plan to Wetland Scientist to locate hazards near the site, such as homes, fuel/chemical storage areas, overhead utility wires and creosote power poles, and areas of dense fuel. The Burn Plan shall include a list of equipment and human resources that Contractor shall provide to conduct controlled bum. b. Contractor shall maintain records of date(s) and area(s) burned, and shall submit such records to Wetland Scientist with seven (7) days of completion of controlled bum for each area (i.e. wetland cell) burned. END OF SECTION 02921 Section 02921- Seedbed/Seeding Specs 30.06 --.w.- ( ) Clarice Pearman Res. 168-06 Page 1 From: Clarice Pearman To: Jurgen, David Date: 11.30.06 1:30 PM Subject: Res. 168-06 Attachments: 168-06 C. Green Scaping LP.pdf CC: Audit; Vice, Peggy David: Attached is a copy of the above reference resolution passed by City Council. I will forward to purchasing the original requisition. If anything else is needed please let me know. Thanks. Clarice