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Home My WebLink About127-15 RESOLUTIONRESOLUTION NO. 127-15 A RESOLUTION TO AWARD BID NO. 15-27 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS, INC. IN THE AMOUNT OF $82,700.00 FOR THE PURCHASE AND INSTALLATION OF ELECTRICAL BUSWAYS AT THE NOLAND WASTEWATER TREATMENT PLANT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,270.00 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 awards Bid No. 15- 27 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors, Inc. in the amount of $82,700.00 for the purchase and installation of electrical busways at the Noland Wastewater Treatment Plant, and further approves a project contingency in the amount of $8,270.00. PASSED and APPROVED this 4' day of August, 2015. ATTEST: By: 4�' SONDRA E. SMITH, e er ''FAYETTEVI! LE,�� City of Fayetteville Arkansas 113 West Mountain Street f-= Fayetteville, AR 72701 (479) 575-5323 { 4 F ! Text Fife File Number: 2095-0315 Agenda Date: 8/412015 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 BID NO. 15-27 AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS A RESOLUTION TO AWARD BID NO. 15-27 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS, INC. IN THE AMOUNT OF $82,700.00 FOR THE PURCHASE AND INSTALLATION OF ELECTRICAL BUSWAYS AT THE NOLAND WASTEWATER TREATMENT PLANT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,270.00 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 awards Bid No. 15-27 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors, Inc. in the amount of $82,700,00 for the purchase and installation of electrical busways at the Noland Wastewater Treatment Plant, and further approves a project contingency in the amount of $8,270.00. City of Fayetteville, Arkansas Page i Printed on 713012015 Jim Beavers Submitted By City of Fayetteville Staff Review Form 2015-0315 Legistar File ID 8/4/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2015 Wastewater Treatment Plant / _ Utilities Department Submitted Date Division / Department Action Recommendation: The Fayetteville City Administration recommends approval of a construction contract with Austin King, Inc., DBA King Electric Contractors, Inc. in the amount of $82,700.00 for Construction Bid 15-27, and approval of a 10% project contingency of $8,270.00 for a total of $90,970.00 for the purchase and installation of electrical busways at the Paul R Noland WWTP. Budget Impact: 5400.5800.5414.00 Water/Sewer Account Number 02069.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund Plant, Pumps and Equipment-WWTP Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Project Title $ 422,014.64 $ 47,358.50 ,,...,._,..- .. 374,6 56.14 $ 90,970.00 Remaining Budget $ 283,686.14 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF w Tay4 V 111e ARKANSAS MEETING OF AUGUST 4, 2015 TO: Mayor Jordan and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Water & Sewer Committee FROM: Jim Beavers, P.E. Utilities Engineer DATE: June 30, 2015 CITY COUNCIL AGENDA MEMO SUBJECT: Resolution approving a construction contract with Austin King, Inc., DBA King Electrical Contractors, Inc. in the amount of $82,700.00 for Construction Bid 15-27, and approving a construction contingency of $8,270.00 for a total of $90,970.00. RECOMMENDATION: The Fayetteville City Administration recommends approval of a construction contract with Austin King, Inc., DBA King Electrical Contractors, Inc. in the amount of $82,700.00 for Construction Bid 15-27, and approval of a 10% project contingency of $8,270.00 for a total of $90,970.00 for the purchase and installation of electrical busways at the Paul R Noland WWTP. BACKGROUND: This project will replace two electrical busways used to power the Noland WWTP Effluent Pump Station. The transformer busways are 30 years old with the East Transformer busway currently inoperable after suffering 2014 storm damage. DISCUSSION: Public Bids were opened on June 24, 2015. The City received 2 bids as follows: King Electric $82,700.00 Multi -Craft Contractors $110,550.00 CH2M and the City Staff have reviewed the bids and recommend awarding the contract to King Electrical Contractors, Inc. in the amount of $82,700.00 and a project contingency of $8,270.00. BUDGET/STAFF IMPACT: Funds are available within the Plant, Pumps and Equipment project CIP Budget. ATTACHMENTS: Staff Review Form Purchase Order Request Contract Bid Tabulation Certification of Funds Mailing Address: 113 w. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 - equls on o.: a e: City of Fayettevttle Purchase Order Request j�p} 6/3012015 (Not adurcheee Oiaer) P.0 Number All PO Requests shall be scanned to the Purchasing e.hrtail Purehasmg@fayettevtlte rgov:' _ Purchase shall not be made until att,actual PO has been Issued Vendor. Mail - legistar#: - Austin King Jne dba King'Electrical Contractors - I" Yes : No PO3 Point: Taxable 2015-0315 Address: 2145 West Moore Lana F`'• Yes F No Expected Delivery Date: City: Fayetteville State: AR Zip Code: 72704 Ship ' to code: - Fay',. Quotes Attached l- Yes r No Requester: Cheryl Pertain Requesters Employee #: 2548 - Extension: _ - 8224 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # 1 two tlechkal-Bosways.Used to Power the NolandWWTPEttuentPumpStatlon -' Bid 1s-zr '.- 1 ;- EA. 'I- 8270000 $82,700.00 5400,58004414,00 ;02068.1 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 a $0.00 9 $0.00 10 $0.00 ShippinglHandting Lot $0.00 $82,700.00 $0.00 $82,700.00 Department Director: Purchasing Manager. Financial Officer.. Budget Director. IT Director. tch Manager: Utilities Manager, Other: CITY OF • a �ttv1i1e ARKANSAS City of Fayetteville, Arkansas Purchasing Division OFFICIAL BID TABULATION Bid 15-27, Construction - E[ectrical Busway Replacement Wednesday, June 24, 2015, 2:00 PM, Local Time King Electric Multi -Craft Contractors ITEM DESCRIPTION Est Qty Unit PRICE PER UNIT - . TOTAL PRICE PER UNIT TOTAL i Total Bonds, Insurances & Contract Submittals 1 L5 x $ 2,44100 = $ 2,441.00 x $ 1,050.00 = $ 1,050.00 2 Mobilization -shall not exceed 5% of bid 1 LS x $ 800,00 _ $ 846.00 x $ 5,527.50 = S 5,527.50 3 East Transformer I 1.5 i $ . 44,580 00 : _ $ .44,580.00 x $ 50,983.50 $ 50,983.50 4 Certified Production Reports, etc. for East Transformer 1 LS x $ 4,400 00 _ $ 4,400.00 ' x $ 9,500.00 = $ 9,500.00 5 West Transformer 1 LS x $ 26,079.00 - $ 26,079.00 x $ 33,989.00 = $ 33,989.00 6 Certified Production Reports, etc. for West Transformer x $ 4 ;406.04 $ 4400:00 x $ 9,500.00 = $ 9,500.00 TOTAL AMOUNT BID: $ 82,760.00 $ 110,550.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. Vice, Purchasing Manager Witness I Date SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT: Contract Name: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacement Date: TEA'1 4 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company vt '/ G U G Name Address / _'lo/c/ f l_f7Lr f /e i1 Principal Office Corporation, partnership, individual, joint venture, other_____________________________ Arkansas State General Contractor's License Number 2Ot416 For a Contractor to be considered as Commercially Proven, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5 (five) years active experience under the current Contractor name in the installation of the product bid. The Contractor shall provide an acceptable list of installations with similar equipment demonstrating compliance with this equipment. The manufacturer of this equipment shall have produced similar electrical equipment for a minimum period of 10 years. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. 00140 Bidder Qualifications 00140— 1 399884 SECTION 00140— BIDDER'S qUALIFICATI0N STATEMENT: EXPERIENCE STATEMENT Bidder has been engaged as a General Contractor in construction for Z years and has performed work of the nature and magnitude of this Contract for 2 5 years. Bidder has been in business under its present name for 2 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.)i- Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer I architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: spa % o.1$ 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 4// /rt M,%V1. 4/er.f' '&. k37` e c s ,41/ d1'? ,,. �°c�`/Ucts"5 -z /o 0/ fxif/cry U'ic-i t/ % ho/ 00140 Bidder Qualifications 00140-2 399884 King Electric 2145 W Moore Fayetteville AR 72704 479.443.0006 Fax 479.443.11719 King Electrical Contractors Inc. June 19, 2015 Georges Debone Addition, Georges Inc., Don Carter, Crafton Tull, $120,000.00, No surety, completed 6-2013, 100% PLP addition, Preformed Line Products, Dale Hoofard, "Robert Jones Engineering, $1,450,000.00, No surety, Completed 6-2014, 100% Tyson Green Forest service upgrade, Tyson Foods, Don Carter, Tyson Engineering, $170,000.00, No surety, completed 7-2014, 100% SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT: 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: ,vby Pl>Soz 575-0 r4 /c £4 ,1i2 7 Z Z63 Bidder's Workmen's Compensation Experience Modifier Factor is: 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: 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 00140 —3 399884 SECTION 00140 - BIDDER'S QUALIFICATION STATEMENT: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgments are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. Rona Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: 2 /" , 201c' (OFFICIAL SEAL) Name of Organization: /1 £'/rc1 c - By Title L` Lf 11 L l _ (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 SECTION 00140 00140 Bidder Qualifications 00140-4 399884 SECTION 0400 —BID FORM Contract Name: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Bid Number: # 15-27, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: � / Bidder: �, � 1 fr Z 1 c{ t3 l'rtoofz Fy /.w, ll_ 2jp2z id il 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 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 399884 SECTION 00400 —BID FORM 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 9117/zoM B 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional .or supplementary examinations, 00400 -Bid Form 00400-2 399884 SECTION 00400 —BID FORM 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. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. 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. H. 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. I. 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. J. 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. K. 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 00400 -Bid Form 00400-3 399884 SECTION 00400 BID FORM Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926— Subpart P — Excavations. ARTICLE 4- BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): ITEM EST. NO. DESCRIPTION , UNIT QTY UNIT PRICE TOTAL TotafDonds, Insurances & Contract LS Submittals x 46 2 Mobilization LS 1 (Max 5% of Total Bid) East Trans€ormer. 2,000 A, 480 V; 3 -Phase, 4 -Wire 3 Outdoor Feeder Busway System LS 1 Demolition & All Electrical & 9'1586600 Mechanical Installation Certified Production Reports,. Visual & Mechanical. Inspection; Electrical 4 Tests. &Final Performance Acceptance •LS 1 Testing Reports for East Transformer Busway S stem.Yi .4+Fs West Transformer 2,000 A, 480 "V, 3 -Phase, 4-Wi re 5 Outdoor Feeder, Busway System LS 1 Demolition & All Electrical & Mechanical Installation Z. �7?. Od Certified Production Reports; Visual & Mechanical Inspection; Electrical 6 Tests & Final Performance Acceptance LS I Testing Reports for West Transformer 'Y4 i, ad Busway System TOTAL AMOUNT BID $ 8 2 700 0 O 00400 -Bid Form 00400-4 399884 SECTION 00400 —BID FORM ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 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 % 41F 0 id Dollars (S ). B. A tabulation 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: l S L I, 727°' Email. (15 dl G A/J/1L Y fi Phone No. �7I ` Cjc{3'1 0O� FAX No. q 7 °J `,Y y3.171 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. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. 00400 -Bid Form 00400-5 399884 SECTION 00400 BID FORM As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as maybe required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U. S.C. 327-33 3) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 00400-Pid Form 00400-6 399884 SECTION 00400 —BID FORM (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 9.02 Execution/Signatures for Contractors Assurances above, Bid and total Bid Form. SUBMITTED on 'f , 20'. Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: (SEAL) 00400 -Bid Form 00400-7 399884 SECTION 00400 —BID FORM A Partnership Partnership Name: (SEAL) 15 (Signature of general partner attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: A Corporation or LLC 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): ' /f )1'. ' . Title: fraJliJ^ (CORPORATE SEAL) Attest: ` (Signature of C orate Secretary) Business address: ZJ'y1 Ltd PhoneNo.: FAX No.: Q'T ''J 17! �7 END OF SECTION 00400 00400 -Bid Form 00400-8 399884 SECTION 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: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Busway Manufacturer &1a'a(it.A t i. t E CI ems 4 plc Mobilization _ _____ t / a Busway System Demolition & r- zt.I /E, Installation Busway System Inspection & 5 7Q Performance Testing ia Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF SECTION 00430 00430 List of Subcontractors 00430— 1 399884 SECTION 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called the Principal, and Granite Re, inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma 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 Amount Bid Dollars ($ 5% of bid , 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: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements 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 004I0 Bid Bond 00410-1 399884 SECTION 00410 — BID BOND 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 24th day of June 2015. PRINCIPAL (CORPORATE SEAL) King Electrical Contractors, Inc. By fj SURETY Gra e, Inc. By i4d<41f Pamela K. Hays ATTORNEY -IN -FACT (CORPORATE SEAL) P.O. Box 550 Little Rock, AR 72203 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF SECTION 00410 00410 Bid Bond 00410-2 399884 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY, MICHAEL G. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: f' To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts' and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER may lawfully do in the premises by virtue of these presents. • In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 17°h day of April, 2014. •gTEf{q ®�ypPvay,. C Kenneth D. Whittin on, President STATE OF OKLAHOMA ) $ ^ L ? SS: "^.1/I// COUNTY OF OKLAHOMA) Kyle . McDonald, Treasurer On this 17th day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company, • My Commission Expires: 4 rn P� i� 1 ( p� August 8, 2017 � Nata y Public Commission #: 01013257, GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety • bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or • evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 2.'+ 4 day of LLV12 , 20i. SEAL Kyle P. McDonald, Secretary/Treasurer GR0800-1 AUSTIN KING, INC., dba Balance Sheet May 31, 2015 ASSETS Current Assets PETTY CASH $ 68.64 BANK OF AMERICA 132,485.23 ACCOUNTS RECEIVABLE 273,880.41 ALLOW FOR DOUBTFUL ACCTS 180.00 RETAINAGE RECEIVABLE 141,022.96 COST/EARN IN EXC. OF BILL 32,411.00 INVENTORY 50,000.00 COMPANY CAR ADVANCE 835.86 PAYROLL DEDUCTION ACCOUNT 7,366.81 UNITED BANK 3,810.49 EMP ADV/TOOLS 12,443.69 SHAREHOLDER RECEIVABLE 43,163.20 2015 CHEVY-2733 3,448.99 DUE TO CCC 1,750.00 Total Current Assets Property and Equipment EQUIPMENT 202,573.06 ACCUMULATED DEP/EQUIP (202,790.00) OFFICE EQUIPMENT 36,057.16 ACC DEP/OFFICE EQUIP (32,946.00) VEHICLES 454,452.74 ACC DEP/VEHICLES (452,792.74) ACC. DEPR: OFFICE EQUIP. (3,106.16) Total Property and Equipment Other Assets Total Other Assets Total Assets Current Liabilities INSURANCE PAYABLE ACCRUED INTEREST LIFE INSURANCE PAYABLE ACCOUNTS PAYABLE GARNISHMENT PAYABLE EMPLOYEE INVESTMENT OTHER PAYROLL LIABILITY FICA PAYABLE FEDERAL W/H PAYABLE STATE W/H PAYABLE FUTA PAYABLE SUTA PAYABLE 401K PLAN PAYABLE Total Current Liabilities LIABILITIES AND CAPITAL $ 3,207.14 130.80 702.32 195,122.69 124.34 (1,020.00) (6,627.50) 1,105.76 (240.53) 35,333.15 (3,901.29) (25,414.29) 11,847.79 702,867.28 1,448.06 0.00 704,315.34 210,370.38 Unaudited - For Management Purposes Only AUSTIN KING, INC., dba Balance Sheet May 31, 2015 Long -Term Liabilities UB LINE OF CREDIT -136824 N/P CHASE 2013 GMC TRUCK ALLY - DUSTIN ALLY - KEVIN 2015 CHEVY 2500-8677 KUBOTA ALLY -'15 CHEVY- 0786 N/P 96 F-250 RE88 TOWABLE BOOM LIFT C/L: COPIER ALLY 2013 YUKON LINE OF CR 00949268847811 Total Long -Tenn Liabilities Total Liabilities 44,227.85 29,550.34 (5,007.60) (5,841.96) (7,169.88) (1,634.24) (3,230.56) (303.72) 828.37 (1,246.07) 29,098.21 72,028.66 Capital COMMON STOCK 1,000.00 ADDIT PAID IN CAPITAL 41,229.73 OWNERS DRAW (24,200.00) RETAINED EARNINGS GS 193,951.29 Net Income 130,437.01 Total Capital Total Liabilities & Capital 151,299.40 361,669.78 342,418.03 704,087.81 Unaudited - For Management Purposes Only Page: 1 AUSTIN KING, INC., dba Income Statement For the Five Months Ending May 31, 2015 Current Month Year to Date Revenues SALES S 259,427.63 90.80 $ 1,213,225.45 94.88 SALES-RETAINAGE 17,532.80 6.14 56,707.62 4.43 sales & use tax refund 8,736.31 3.06 8,736.31 0.68 DISCOUNTS TAKEN 16.21 0.01 18.97 0.00 Total Revenues 285,712.95 100.00 1,278,688.35 100.00 Cost of Sales MATERIALS 81,622.10 28.57 458,874.17 35.89 SHOP MATERIALS (3,575.30) (1.25) (20,873.60) (1.63) CONTRACT LABOR 1,789.46 0.63 4,887.96 0.38 SUB -CONTRACTORS 0.00 0.00 5,490.00 0.43 EXPENSE -401K PLAN 590.10 0.21 2,830.96 0.22 INSURANCE 6,300.10 2.21 28,901.73 226 PERMITS 143.13 0.05 893.98 0.07 RENT/EQUIPMENT 2,407.46 0.84 28,203.91 2.21 TAXES/PAYROLL 7,103.93 2.49 63,832.27 4.99 WAGES 71,605.46 25.06 424,284.60 33.18 Total Cost of Sales 167;986.44 58.80 997,325.98 78.00 Gross Profit 117,726.51 41.20 281,362.37 22.00 Expenses 401K EXPENSE 0.00 0.00 979.00 0.08 ACCOUNTING 0.00 0.00 2,040.00 0.16 ACCOUNT SERVICE CHARGE 22.32 0.01 267.91 0.02 ADVERTISING 79.00 0.03 974.00 0.08 SERVICE CHARGE 0.00 0.00 223.10 0.02 BAD DEBT EXPENSE 0.00 0.00 648.44 0.05 BANK SERVICE CHARGE 363.96 0.13 2,334.59 0.18 BANK CHARGES 197.03 0.07 197.03 0.02 CONTRIBUTIONS 0.00 0.00 320.50 0.03 COMPUTER EXPENSE 4.71 0.00 873.92 0.07 DUES & SUBSCRIPTIONS 0.00 0.00 2,319.28 0.18 DUES/SUBSCRIPTIONS:GOLF 461.46 0.16 2,307.30 0.18 EDUCATION AND SEMINARS (195.00) (0.07) 2,630.00 0.21 ENTERTAINIENT/MEALS 0.00 0.00 790.24 0.06 SHOP TOOLS LARGE<250 0.00 0.00 8,795.08 0.69 GAS & OIL 2,777.94 0.97 18,977.58 1.48 HEALTH INS. -SHAREHOLDERS 0.00 0.00 3,303.27 0.26 INTEREST 0.00 0.00 2,180.50 0.17 MISCELLANEOUS EXPENSES 0.00 0.00 (1,167.85) (0.09) OFFICERS SALARY 5.700.00 2.00 31,350.00 2.45 OFFICE WAGES 2,701.88 0.95 14,949.04 1.17 OFFICE SUPPLIES 0.00 0.00 1,255.57 0.10 OFFICE REPAIRS/MAINT 0.00 0.00 82423 0.06 OFFICE: CLEANING 34.00 0.01 34.00 0.00 PENALITIES 0.00 0.00 1,526.89 0.12 POSTAGE 0.00 0.00 430.07 0.03 REPAIRS TOOLS LARGE 226.47 0.08 731.61 0.06 REPAIRS VEHICLES MECHANIC 240.74 0.08 14,177.72 1.11 SECURITY 0.00 0.00 60.50 0.00 SERVICE CHARGE -CREDIT CRD 0.00 0.00 14.19 0.00 For Management Purposes Only Page: 2 SHOP TOOLS SMALL>250 SOFTWARE EXPENSE SUPPLIES: DRAFT TAXES & LICENSES TELEPHONE UTILITIES UNIFORMS VEHICLE OIL CHANGE WORK EXPENSE VEHICLE MISC PARTS Total Expenses Net Income AUSTIN KING, INC., dba Income Statement For the Five Months Ending May 31, 2015 Current Month 632.51 0.22 0.00 0.00 254.46 0.09 0.00 0.00 1,658.57 0.58 329.32 0.12 367.52 0.13 169.88 0.06 0.00 0.00 3,627.81 1.27 19,654.58 $ 98,071.93 6.88 34.33 $ Year to Date 5,659.37 1,884.00 1,175.37 4,928,57 5,304.42 2,385.90 2,200.18 780.33 6,597.35 5,662.16 150,925.36 130,437.01 0.44 0.15 0.09 0.39 0.41 0.19 0.17 0.06 0.52 0.44 11.80 10.20 For Management Purposes Only Arkansas Secretary of State http://www.sos.arkansas.gov/corpsfsearchcorps.php?DETAl L=143301... f a; Search Incorporations, Cooperatives, Banks and Insurance Companies Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the Secretary of State's office. Corporation Name AUSTIN KING, INC_ Fictitious Names KING ELECTRICAL CONTRACTORS, INC. Filing # 100142465 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Principal Address Reg. Agent CHRISTERFER L KING Agent Address 2145 MOORE LANE FAYETTEVILLE, AR 72703 Date Filed 12/27/1996 Officers SEE FILE, IncorporatorFOrganizer PIER, BURCH & SCHERMERHORN, Tax Preparer CHRISTERFER L. KING, President KAREN KING, Secretary CHRISTERFER L. KING , Vice -President KAREN KING, Treasurer Foreign Name NIA Foreign Address State of Origin NIA Purchase a Certificate of Good Pay Franchise Tax for this corporation Standing for this Entity 1 of 1 6/24/2015 2:28 PM SECTION 0400 BID FORM Contract Name:. Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Bid Number: # 15-27, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: !C im 11 .i •i • i ' 11 •a C•_. 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 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 399884 SECTION 00400 -BID FORM 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 1 June 17.2015 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 00400 -Bid Form 00400-2 399884 SECTION 00400 —BID FORM 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. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. 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. H. 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. I. 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. J_ 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. K. 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 00400 Bid Form 00400-3 399884 SECTION 00400 -BID FORM Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P -- Excavations. ARTICLE 4- BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): ITEM EST. NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL �n�s�++ c}�e/} Q� Contract-.kl'� ,yam] n s Insurances `.' Total Bons) ! $I f t L A: A JI.F S !R xr*2`A iIYWY�M } } k LY .k eL 3 £ 'r+ l}r � l p k J r�.FAl � �'*fy 50 00 3 i kY; k3k L^Fh'f r-...:.,.: ..+., �.._ ... .. ,._-.... L:> .......... ...�.,,��,� Mobilization F, s 2 d S rYxFF�B 'I°7" 3 F4 S - Ens, rar F z �, 2,zz d kk 3 i, 9 (Max 5 of Total Bid) f " -E 62 k k k East ci s a �y�.y. er Transformer 3k kRY' y 3:ek eF 4r ;�i>7 .v l ♦< - 2"li` {_ !LM'A 'S> k Z d r# 3J'{ � R,a� 5 ''1[ x f�keP ' IM rFH f 1 Y 00 A 4$ Y + hose 4 -Wire 3 3 kE #ih4 y -F 4 4 F 'Yh . J k d 3 9 F..� ) } ' f T f SE3 Outdoor Feeder B s ay System � F 1 " IY Y Slid F Y 3 F frd YF �rhF w 2 i #• F eJ IL kS ! lJvk ! 3,h1 h. f } E Demolition & All Blecthcalz `F _. w } c s'h f r - d ! n r PIf s, € [ 'a fk. i Nf2" fF A-rz 2- 3e'F N xl F-. �^ - L, 8 Mechanical Installation I w.r_...... .- ::.,..... �:. .....�,.., ...,.. .�... ?r :rr l,.. - R. 1.'31 A' -� , .....'..:1 ....... .,. r kNf_ .. . u.._.�» ..._�7:. . i.F>r n Certified ProductionR 0� Visual d Y4k l4+ ` , 2 K �,�, & h Mechanical Inspection, t c a „cG,, a Electrical a ?GI wu .ia€3dro l>f. NILI'hfr ,} nf:ddFA V :i3 , S F'y ,-- YR i21 14 + eS7 -'Sfr #'£'I, -Y �7`YSA 4 §T is iill ebr °Acceptance xli u Y ii ^t w 3 Y ease a3 esz l >h * aue x 3 e3-J3r:tYe Testa Reports for Eant Transme rrl 3x-wa s.- r SSk k '£ stem₹-'i f aF.{ --ii— — ;FF M:.232 Me£ - Y ,� 1 5` FF 5S [-�'9,500 �0 u,Ga?ppway ..�iLNm(1 - #"�._C......dYg ,�i. T..:�Tn�rr"5rY`.; "K £ p ,rn. .C ''.L M F WestTransformer West e T e: :f 6h3 YA`¢.,£Ilkri ,5 k�i %. Yak 'IY' -Jf V' -'Z rr > }.,xxr & _E kkk C� n'k 4 f>Sl f d I,r7 (eJf 0 A♦♦ 4110 4 ire F ��, Pbdf-11Y€d kP € f Yk-�a€ ] 3 4 -.- 5utdo4edexvsayrtem 9 /£�Y- T% `} b S. Y f k e i,' .f 1 i>x "€=k k°' f 7r {fr��'c'!K@.I, �:F£ii a�rilrlasfAi9 5 Fd'k' `T'P y fah �1'E yy�� L FI.P,A;rlk3r.'€ o end 'Yt Tyler Demolition Alllect�x¢laz r P # pax 3I {S�'$.M1 }`5rFG4..3 ti+ YE,d E_. ! w T 31l '� Installation -- e- (jp{� j� -F" 989 0O Mechanical k 2 •, � �ec�ala� Pl ,..... � .._"S, :♦'�.. �; � 'Yp�} ' r x Reports, Cart d Production Reports Visual Certified "i .mgfi ex - a„ f k} F 3d ...k`.I.`��kIRl34 �5 k r _ 7; .... ...... . ...� z _... ,: .. .....,.. � ;s %w�8 kl YYW _ .i: '�' P.P�; rt E P �, kS _ 3 + � ��{{'',,f:Yyy��yy.}.ss��1 Inspection. - f Mechanical Electrical 7 A �` i Y: 1 [3 fi ifk ical 6 A9*�f£d � 'ems' Final Performance Acceptance � �. � LS �y 3 I � YS�EI "4- #� ea11, Reports 1far West 'ETransformer _EFk �h � jrA-� rk n`YI� km Or .>y �.W.{'. f3 BuS avl�System. -.,.3 1�5 .�,. E � YJ .L 1Y fl pr6 rg �3E�l4?N. H 5-J._._._......_� ;F ... � e..... �a._ TOTAL AMOUNT BID $ 110,550.00 00400 -Bid Form 00400 —4 399884 SECTION 00400 -BID FORM ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 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 offve percent Dollars ($ 5% _ 1. B. A tabulation 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: Jerod Bradshaw Phone No. .(479) 751-433U FAX No. (479)_927-4275 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. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. 00400 -Bid Form 00400-5 399884 SECTION 00400 —BID FORM As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 00400 -Bid Form 00400-6 399884 ��_ ra I C� UIIIZ�IIIW_.]_I 1X 911] (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 9.02 Execution/Signatures for Contractors Assurances above, Bid and total Bid Form. SUBMITTED on June. 24th , 20155. Arkansas State Contractor License No. 0025810516 If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: 00400 -Bid Form 00400-7 399884 SECTION 00400 —BID FORM A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: A Corporation or LLC FAX No.: Corporation Name: Multi -(;raft Contractors, Inc__ (SEAL) State of Incorporation: Arkansas Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (type or printed): Rick Barrows Title: President (CORPORA.TE SEAS)... Attest: (Signature of Corporate Secretary) Business address: 2300 Lowell Road, Springdale, AR 72764 Phone No.: 479 751-4330 FAX No.: (479) 927-4275 END OF SECTION 00400 00400 -Bid Form 00400—S 399884 Bid or Proposal Westfield Insurance Company Bond Westfield Groups"' One Park Circle, PO Box 5001 Westfield Center, Ohio 4425 1-500 1 KNOW ALL. MEN BY THESE PRESENTS, that we, Multi -Craft Contractors, Inc. P.O. Box 1760; 2300 Lowell Rd; Springdale,AR 72765 as Principal, and the WESTFIELD INSURANCE COMPANY, an Ohio Corporation, with its principal office at Westfield Center, Ohio, as Surety, are held and firmly bound unto The City of Fayetteville, Arkansas 113 West Mountain St, Pa etteville AR 72701 , as Obligee, in the penal sum of Five Percent DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements NOW THEREFORE, the condition of the above obligation is such, that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required by the contract, or if the Principal or Surety shall pay the Obligee the difference, not exceeding the penal sum hereof, between the amount of the contract entered into in good faith to perform the work to which the bid or proposal relates and the amount bid or proposed by the Principal, then this obligation shall be void; otherwise it shall remain in full force and effect. SIGNED this 24th day of June 2015 Multi -Craft Contractors, Inc. Princ' al By: Westfield Insurance Company Sonja Nelson Attornerin-fact BD 5046 (9-03) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/04114, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 0320202 03 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know Al! Men by These Presents That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County. Ohio, do by these presents make, constitute and appoint WARREN T, BALDWIN, JR., JOHNNIE WASHBURN, SONJA NELSON, JOINTLY OR SEVERALLY of FAYETTEVILLE and State of AR 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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION- THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive 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: The Attorney -in -Fact may be given full, power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of 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 as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 04th day of JUNE A.D.. 2014 . Corporate N''" N""� WESTFIELD INSURANCE COMPANY P +* � ' ''' 0 5C` WESTFIELD 1 NAL INSURANCE COMPANY Seals w S :t �F� `.�•ortAc "sG'. � ` ►K NAT Q Affixed 1 v ' +a► ` �. o; P t" OHIO FARMERS INSURANCE COMPANY SEALM SEAL . =y.am- f i3'., 1848 ;•'� s '9'......✓� rya �'•.......•. 4 ' B State of Ohio """^'^" """ " yDennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 04th day of JUNE A.D., 2014 + before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial •....... Seal '�tp I' S s Afexed David A. Kotnik, Attorney at Law, Notary Public State of Ohio = i J 0/o/ My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: :q y Tk- ov O r, r.....uaNp•'• I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this L ay of A., DD. ,(V(Q ?-L!. "..HI `„N111,+1e„rf,,N•M•urlllry,M '� �a ..• (7NA a S LSEAL : 00: lA= 9 Se ay � �� ., 'o, $s• iB4B . Frank A. Carrino, Secretary %9 �u BPOAC2 (combined) (06-02) PROJECT MANUAL Prepared by CH2M HILL for: CITY OF Bid # 15-27, Construction - iI AS Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements FAYETTEVILLE, ARKANSAS 05/04/2015 Required Seals Appear on the Following Page Jim Beavers, P.E. / CH2M HILL P.Y. Keskar, P.E. / CH2M HILL CITY OF Bid 15-27, Addendum 1 "�tti1e Date: Wednesday, June 17, 2015 To: All Prospective Vendors A R K A N S A S From: Andrea Foren Rennie, CPPO, CPPB — 479.575.8220 — aforenfa etteville-ar. ov RE: Bid 15-27, Construction — Electrical Busway Replacement This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. The following items shall be included as part of the bid package as Addendum Number 1 and shall be acknowledged in Section 0400 BID FORM. This Addendum will be provided as FILE 3 for the project. The Plans and Specifications for this Project are revised as follows: 1. Amendment to the Project Manual: a. Section 00500 AGREEMENT, 1. 3.0 2 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT is revised to read as follows: "3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: 1. The Work shall be Substantially Completed within 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 160 calendar days after the date when the Contract Times commence to run." b. Section 26 29 24 LOW -VOLTAGE BUSWAY REPLACEMENT I. 1.01 SCOPE B is revised to read "A pre -bid site visit is recommended, to fully understand the scope of work." c. Section 26 29 24 LOW -VOLTAGE BUSWAY REPLACEMENT i. 1.01 SCOPE C is added to read as follows: "1.10 SCOPE C 1. The questions from the pre -bid meeting follow with clarifications a -e are made a part of these specifications and supplement items indicated and/or specified elsewhere in the contract documents. City of Fayetteville, AR Bid 15-28, Addendum 1 Page112 Telecommunications Device for the Deaf ToD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 a. Wall Penetration: Interior and exterior seals shall be wall flange with fire caulking. Use modified UL system No. C-AJ-4071 & Hilti Fire Stop products to re -construct and replace fire rated wall penetration. Penetration shall be maintained weather resistant. Contractor shall use mineral wood as packing material. Fire stop sealant shall be applied on both sides and tooled. Contractor shall provide aluminum canopy or diverter above penetration to keep rain water from flowing over exterior wall fire sealant as recommended by manufacturer. Alternate manufacturer products of equal quality and detail will be considered pending prior Engineer approval. b. Unistrut Ceiling Brackets: Contractor shall provide new Unistrut supports and/or ceiling brackets as required. Material shall be Aluminum. c. Limited Short Circuit & Coordination Study: The Limited Short Circuit & Coordination study is required. Drawing E-2 shows information needed for limited study. Additionally Spec section 26 29 24, Para 3.04.A requires the contractor to collect field data on existing transformer nameplate ratings, primary fuses, MCC Main and feeder breakers, feeder sizes/lengths and any other information required for the study. Information on existing electrical equipment is also noted in Spec para 2.07 with requirement that this information be field verified. New Bus Duct data shall be used from the new approved Bus Duct shop drawings submitted by the contractor. The only other information needed is from the utility related to available short circuit current at the primary (12.5 KV) of the transformers. For the purposes of this limited study assume "infinite utility source" i.e. zero source impedance upstream of the transformers. d. Weather Cap Design & Fabrication: Existing method of attaching weather cap to the exterior bus housing is acceptable as long as the screws do not penetrate inside the bus enclosure. The integrity of the bus housing shall be maintained. Contractor shall follow Bus manufacturer recommendation. The Weather cap and attachment screws shall be same material as bus housing. e. Exterior Busway Strut Support: See Technical Specs para 2.03.A: "Horizontal runs shall be suitable for support on 10 Ft Maximum centers. Per Drawing E- 3, the horizontal center to center unsupported distance is 6 Ft or less. Therefore no exterior busway strut support is required." 2. Amendment for the Plans: No Plan Sheets are reissued. City of Fayetteville, AR Bid 15-27, Addendum 1 Page 212 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 PROJECT MANUAL Prepared by CH2M HILL for: CITY OF ARKANSAS Bid 4 15-27, Construction - Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements FAYETTEVILLE, ARKANSAS 05/04/2015 Required Seals Appear on the Following Page Jim Beavers, P.E. / CH2M HILL P.Y. Keskar, P.E. / CH2M HILL City of Fayetteville, Arkansas Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements DOCUMENT 00005 -- CERTIFICATION PAGE CERTIFICATION(S) I hereby certify that the "Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements' plans and specifications were prepared by me or under my direct supervision and that I am duly Licensed Engineer under the laws of the State of Arkansas. CONTRACT DOCUMENTS: SECTION 00005 through SECTION 02444 r e e t A 4N'01 NAL By: Jim Beavers, P.E..6B4 i � TECHNICAL SPECIFICATIONS: SECTION 26 29 24, PART 1 through PART 3 & CONTRACT DRAWINGS By: P.Y. Keskar, P.E. CERTIFICATE OF AUTHORIZATION: BY CH2M HILL 'P CH2M HILI o� ENGINEERS; INC. No. 268 00005 Certifications 00005- 1 399984 CITY OF �.�ti1e ARKANSAS TABLE OF CONTENTS Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements CONTRACT DOCUMENTS INTRODUCTORY INFORMATION 00005 CERTIFICATION AND SEALS 00010-1 of 1 00010 TABLE OF CONTENTS 00010-1 of 2 00100 BID SOLICITATION 00120 INVITATION TO BID 00120-1 of 3 00140 BIDDER'S QUALIFICATION STATEMENT 00140-1 of 4 00200 INSTRUCTIONS TO BIDDERS 00200-1 of 10 00400 BID FORMS AND SUPPLEMENTS 00400 BID FORM 00400-1 of 8 00410 BIDBOND 00410-1 of 2 00430 LIST OF SUBCONTRACTORS 00430-1 of 1 00500 AGREEMENT FORM 00500 AGREEMENT FORM 00500-1 of 11 00550 NOTICE TO PROCEED 00550-1 of 2 00600 BONDS AND CERTIFICATES 00610 PERFORMANCE BOND 00610-1 of 3 00611 LABOR AND MATERIAL PAYMENT BOND 00611-1 of 4 00640 TWO YEAR MAINTENANCE BOND 00640-1 of 2 00700 CONTRACT GENERAL CONDITIONS 00700-1 of 54 00800 SUPPLEMENTARY CONDITIONS 00800 SUPPLEMENTARY CONDITIONS 00800-1 of 11 00830 PREVAILING WAGE DETERMINATION 1 of 5 29 CFR Part 1926 Subpart P, OSHA Standards 366 - 403 DIVISION 1- GENERAL REQUIREMENTS 01110 SUMMARY OF WORK 01110-1 of 2 01250 CONTRACT MODIFICATION PROCEDURES 01250-1 of 2 01270 UNIT PRICES 01270-1 of 2 01271 MEASUREMENT AND PAYMENT 01271-1 of 4 00010 Table of Contents 00010- 1 399884 01290 PAYMENT PROCEDURES 01320 PROJECT MEETINGS, SCHEDULES, AND REPORTS 01321 SCHEDULE 01325 CONSTRUCTION PHOTOGRAPHS 01420 DEFINITIONS AND STANDARDS 01530 BARRIERS AND TEMPORARY CONTROLS 01560 TEMPORARY UTILITIES AND FACILITIES 02444 FENCING TECHNICAL SPECIFICATIONS SECTION 26 29 24 LOW -VOLTAGE BUSWAY REPLACEMENT 01290-1 of 2 01320-1 of 2 01321-1 of! 01325-1 of4 01420-1 of 3 01530-1 of 6 01560-1 of 7 02444-1 of 4 PART 1 GENERAL 26 29 24 —1 1.01 SCOPE 26 29 24 —1 1.02 REFERENCES 262924— 1 1.03 SUBMITTALS 262924- 1 1.04 QUALIFICATIONS 262924-2 1.05 DELIVERY 26 2924-2 PART 2 PRODUCTS 262924-3 2.01 MANUFACTURERS 26 29 24 -- 3 2.02 RATINGS 262924-3 2.03 CONSTRUCTION 262924-4 2.04 BUS 262924-4 2.05 BUS JOINTS 26 29 24-4 2.06 HOUSING 262924-5 2.07 INFORMATION ON EXISTING EQUIPMENT 262924-5 2.08 FACTORY TESTING 262924-5 PART 3 EXECUTION 262924-6 3.01 INSTALLATION 262924-6 3.02 CONSTRUCTION SEQUENCING 262924-6 3.03 FIELD TESTING 262924-6 3.04 ARC FLASH WARNING BELLS 262924-7 3.05 FINAL PERFORMANCE ACCEPTANCE TESTS 262924-7 3.06 SAFETY 26 2924 -7 3.07 COORDINATING/DEBRIS REMOVAL 262924-7 CONTRACT DRAWINGS Attachment A — CH2M HILL DRAWINGS END OF SECTION 00010 Table of Contents 00010- 2 399884 SECTION 00120 - INVITATION TO BID Contract Name: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements City of Fayetteville Bid Number 15-27, Construction — Electrical Busway Replacement Advertising Dates: 06/01/15 and 06/08/15 The City of Fayetteville, AR (Owner) is accepting sealed bids from properly licenses professionals for the construction of two electrical busways at the Paul R Noland WWTP. The Work includes, but is not limited to: Furnish and install two 2,000 AMP, 480 Volt, 3 -phase, 4 -wire totally enclosed, non - ventilated outdoor feeder busway systems including all necessary fittings, supports and accessories as specified herein, to replace the existing busway system as further defined in the Contract Documents. Sealed bids shall be received by the City of Fayetteville, AR before 2:00:00 PM, local time on Wednesday. June 24, 2015. Bids shall be submitted in a sealed envelope or sealed package labeled Bid 15-27, Construction — Electrical Busway Replacement. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bids shall be received at the following location: City of Fayetteville, AR Purchasing Division, Room 306 113 West Mountain Street Fayetteville, Arkansas 72701 A non -mandatory pre -bid meeting will be held on Tuesday, June 09, 2015 at 2:00 PM, local time at the City of Fayetteville Administration Building, Room 326, 113 W. Mountain, Fayetteville, AR 72701. Following this meeting the group will travel together to the Paul R Noland WWTP at 1400 N Fox Hunter Rd, Fayetteville, AR 72701, for on -site review of the project scope. All interested parties are strongly urged to attend. Copies of the Bid Documents may be obtained electronically for bidding purposes from the City of Fayetteville Purchasing Division by e -mailing Andrea Foren Rennie, City of Fayetteville 00120 Invitation to Bid 00120 —1 399884 SECTION 00120 — INVITATION TO BID Purchasing Agent, aforen@fayetteville-ar.gov or calling by calling 479-575-8220. Any questions concerning the bidding process should be addressed to Andrea Foren Rennie, City of Fayetteville Purchasing Agent. No partial sets will be issued for bidding. No paper sets will be issued for bidding. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the State of Arkansas and the City of Fayetteville for this Work. All bidders shall be licensed under the terms of Arkansas Code Annotation §§ 17-25-101, et. Seq. All bids shall be accompanied by a Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a corporate bid bond in the amount of five percent (5%) in accordance with the Instructions to Bidders. After a contract has been awarded, a one hundred percent (100%) performance and payment bond shall be provided to the City after being file marked at the Washington County Circuit Clerk's Office. 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. Prevailing Wages shall apply to this project in accordance with the Contract Documents and State of Arkansas Department of Labor Prevailing Wage Determination #14-409 dated February 27, 2015. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City 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 City 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 City because of such rejections. Bids shall remain in effect for 90 00120 invitation to Bid 00120 -2 399884 SECTION 00120 - INVITATION TO BID calendar days after the bid opening date. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions. City of Fayetteville. Owner By: Andrea Foren Rennie, CPPB, CPPO City of Fayetteville, Purchasing Agent Advertisement Dates: 06/01/15 and 06/08/15 END OF SECTION 00120 00120 Invitation to Bid 00120 - 3 399884 SECTION 00140 - BIDDER'S QUALIFICATION STATEMENT: Contract Name: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacement YN Date: 6 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company4 iFd � 1 Name /�- A ri Address q 5- Fa Grt 1 ua 11e /#/Z 2 ?'4' Principal Office Corporation, partnership, individual, joint venture, other_____________________________r" af-,.-✓�"� Arkansas State General Contractor's License Number For a Contractor to be considered as Commercially Proven, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5 (five) years active experience under the current Contractor name in the installation of the product bid. The Contractor shall provide an acceptable list of installations with similar equipment demonstrating compliance with this equipment. The manufacturer of this equipment shall have produced similar electrical equipment for a minimum period of 10 years. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. 00140 Bidder Qualifications 00140 —1 399884 SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT: EXPERIENCE STATEMENT Bidder has been engaged as a General Contractor in construction for 2 years and has performed work of the nature and magnitude of this Contract for 2 5 years. Bidder has been in business under its present name for 2 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) IVC>A it 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. MD S. Bidder normally performs the following work with his own forces: 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): , /f teey-C ,' /L'aJ/ byec s grip✓ienL° l! Gl)`!`L�� Yp/LrG/ECG! c say A4. C st 7' /5)L /, Y o u rf O it/rams e 00140 Bidder Qualifications 00140— 2 399884 SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT: 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: ,:: Cfh, o„ 6� Y PO $n % ss0 /1k , z z 6 Jr 8. Bidder's Workmen's Compensation Experience Modifier Factor is: A l FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: 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 00140-3 399884 SECTION 00140 - BIDDER'S qUALIFICATION STATEMENT: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgments are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. b. 1�1 n $ Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: , 20/ (OFFICIAL SEAL) Name of Organization: £/J�i, C- 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 SECTION 00140 00140 Bidder Qualifications 00140 —4 399884 SECTION 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. BIDDER'S FORMS The BIDDER'S attention is called to the following additional forms which shall be filled out and submitted with the BID: a. SECTION 00140— Bidder's Qualification Statement (signature required) b. SECTION 0400, Article 9— Contractor's Assurances & Execution (signature required) c. SECTION 00410 —Bid Bond (signature required) d. SECTION 00430 — Bidder's List of Subcontractors (signature required) 3. Contract Forms: a. Agreement Between Owner and Contractor. b. Performance Bond. c. Labor and Material Payment Bond. 4. Contract Conditions: a. General Conditions. b. Supplementary Conditions. c. Labor -Related Regulations. 5. Specifications. 6. Drawings. 7. 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. 00200 Instructions to Bidders 00200- 1 399884 SECTION O0200 - INSTRUCTIONS TO BIDDERS: 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. 1.03 OUALIFICATION OF BIDDERS: A. Prequalification statements are not required. Owner will, however, evaluate the Bidder's qualifications following the opening of Bids. Evaluation criteria considered will include, but not be limited to: 1. Experience and performance records on similar work. 2. Financial responsibility. 3. Ability to supply construction equipment and personnel to complete the Work within the Contract Time. 4. Evidence of Bidder to do business in the state where the Project is located, or covenant to obtain such qualifications prior to award of the Contract. B. Bidders may be requested to submit financial statement and other information relating to experience and financial responsibility after bids are received and before awarding a contract.. C. Only those Bids will be considered which are submitted by Bidders who show satisfactory completion of work of type and size comparable to the Work required by these Bid Documents. 1. A list of comparable projects, including pertinent information and identification of the owners, shall be submitted with the Bid. 2. See ARTICLE 5 —AWARD OF CONTRACT herein for additional requirements after opening of Bids. D. For Federal -Aid Projects, Bidders are not required to be licensed in the State of Arkansas at the time of bid. A Contractor's license must be secured by the successful bidder before contracts are executed. E. For all other projects, bidders must be licensed in the State of Arkansas and shall provide their license number on the Bid Form. Failure to provide license number shall result in a non -responsive Bid. 1.04 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 (including "technical data" referred to below). 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. 00200 Instructions to Bidders 00200-2 399884 SECTION 00200 — INSTRUCTIONS TO BIDDERS: 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. This shall include local shipping facilities and availability of lands if applicable. C. In the preparation of the Contract Documents, neither reports of explorations nor tests of any Hazardous Environmental Condition at the Site of the Work have 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, rights -of -way, and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of Materials and Equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 3. Property owners affected by the Work are named on the Drawings where known, but the accuracy of such ownership is not guaranteed. Bidders shall verify and make their own arrangements with such property owners for any access needed in connection with the preparation of Bids. 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. 00200 Instructions to Bidders 00200-3 399884 SECTION 00200 - INSTRUCTIONS TO BIDDERS: 1.05 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. 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 Engineer as having received the Bid Documents. 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 7 days before the date of opening Bids. However, an addendum that affects the time, date or location of the bid opening maybe issued as little as two (2) 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. 1.06 PREBID MEETING: A. A non -mandatory pre -bid meeting will be held as specified in the Invitation to Bid. 1.07 LABOR -RELATED REGULATIONS: A. 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. B. The State of Arkansas, Arkansas Department of Labor, Prevailing Wage Division has provided Wage Determination Number 14-409 dated February 27, 2015, a copy of which is included elsewhere in the Contract Documents/Specifications. Wage Determination Number 14-409 shall apply "... provided the costs of all labor and material exceeds $75,000.". 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 and SECTION 01631. 2.02 INDIRECT COSTS: A. Taxes: 1. 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. 2. The Bidder shall include all such taxes except those on Equipment and Materials, if any, furnished by Owner or others, or exempted by the state, and Bidder shall furnish taxing authorities any information or reports pertaining thereto as required. 00200 Instructions to Bidders 00200-4 399884 SECTION 0020O - INSTRUCTIONS TO BIDDERS: 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. 1. Permits issued from the City (Owner) will have the fees waived; however, the actual permit itself is still required. C. The cost of all royalties and license fees on Equipment and Materials to be furnished and incorporated in the Work shall be included in the Bid price. D. Tests, inspections, and related activities called for throughout the Bid Documents are a responsibility of Contractor unless specified otherwise. The Bid shall include all costs arising from such responsibility. E. The cost of all electrical, water, gas, telephone, sanitary, and similar facilities and services required by Contractor in performing the Work shall be included in the Bid price unless specified otherwise. 2.03 SUBCONTRACTORS: A. No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. B. 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. C. No Contractor 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 Paragraph 6.05 of the GENERAL CONDITIONS. 2.04 CONTRACT TIMES: 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: A. One set of bound documents included with the purchased set of drawings and specifications shall be used for the Bid. B. The Bid Forms shall be filled out in detail in black ink and signed by the Bidder. Forms shall not be removed from the bound document. 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 00200 Instructions to Bidders 00200 —5 399884 SECTION 00200 - INSTRUCTIONS TO BIDDERS: 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. 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 a Unit Prices basis as set forth in the Bid Form. B. Firm Bids are required. C. Schedule of Unit Prices: 1. The Bidder shall complete the "Schedule of Unit Prices" included in the Bid (and shall accept all fixed Unit Prices listed therein.) 2. The total Bid price will be determined as the sum of the products of the estimated quantity of each item and the Unit Price set forth in the "Schedule of Unit Prices." The final Contract Price shall be subject to adjustment according to final measured, used, or delivered quantities, and the Unit Prices set forth in the "Schedule of Unit Prices" will apply to such final quantities except that if quantities vary more than 25 percent above or below estimated quantities, Unit Prices will be subject to change by Change Order. 3.03 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID: A. Bidders shall submit to Owner with the Bid, the List of Subcontractors contained in the Project Manual as SECTION 00430, completed with names of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. The list shall be supplemented by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person, or organization, if requested by Engineer. If, after due investigation, Owner or Engineer has reasonable objection to any proposed Subcontractor, Supplier, or other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid. If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the bid security of any Bidder. Any Subcontractor, Supplier, or other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation as provided in Paragraph 6.05 of the General Conditions. 00200 Instructions to Bidders 00200 —6 399884 SECTION 00200 - INSTRUCTIONS TO BIDDERS: 3.04 MANUFACTURERS INFORMATION SUBMITTED WITH BID: A. Bidders shall submit to Owner with the Bid, the Busway Manufacturer contained in the Project Manual as SECTION 00430, completed with names of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. The list shall be supplemented by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person, or organization, if requested by Engineer. If, after due investigation, Owner or Engineer has reasonable objection to any proposed Subcontractor, Supplier, or other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in the Bid. If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the bid security of any Bidder. Any Subcontractor, Supplier, or other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation as provided in Paragraph 6.05 of the General Conditions. 3.05 FORMS TO BE SUBMITTED: A. The following forms shall be completed and submitted with the Bid:. I . SECTION 00400 BID FORM 2. Bid Security as a Cashier's check from a financial institution located in the State of Arkansas check, or Bid Bond (SECTION 00410) 3. SECTION 00430, LIST OF SUBCONTRACTORS 3.06 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 Cashier's check from a financial institution located in the State of Arkansas or a Bid Bond on the form prescribed by the AIA, Document A3 10, or on similar 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 00200 Instructions to Bidders 00200.7 399884 SECTION O0200 - INSTRUCTIONS TO BIDDERS: Effective Date of the Agreement and the required surety Bonds furnished, or the 9151 day after the Bid opening. Bid security of other Bidders will be returned within 10 days of the bid opening. 3.07 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 an opaque sealed envelope marked with the following: 1. Project name. 2. Bid number. 3. Name and address of Bidder. 4. Contractor's license number (Not required for Federal Aid Projects). C. If the Bid is sent by mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "Sealed Bid Enclosed" on the face thereof. 3.08 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 90 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 the Bidder is unqualified or of doubtful financial ability 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 00200 Instructions to Bidders 00200-8 399884 SECTION 00200 - INSTRUCTIONS TO BIDDERS: between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices.) 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. 5.02 EVALUATION OF BIDS: A. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements (and such Alternates, Unit Prices) and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner must accept Alternates in numerical order. B. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is requested per Paragraph 5.02E of this document. 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 Bidders, 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. Within 10 days after Bids are opened, and if requested by the Owner or the Engineer, the apparent Successful Bidder, and any other Bidder so requested, shall submit supplemental information including an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person, or organization, proposed by the Bidder for consideration as specified in ARTICLE 3 paragraph 3.03 above. The use of Subcontractors listed by Bidder (SECTION 00430) 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 90 days after the date of opening Bids notify the 00200 Instructions to Bidders 00200.9 399884 SECTION 00200 - INSTRUCTIONS TO BIDDERS: Successful Bidder of acceptance of his Bid (indicating which, if any, Alternate Bids have been accepted). ARTICLE 6- SIGNING OF AGREEMENT 6.01 The apparent low bidder shall provide a minimum of one signed original Agreement within one week of the opening of bids and prior to the City Council's consideration of the Agreement. The City's review process mandates a signed Agreement for review and consideration. 6.02 After City Council Approval and when Owner gives Notice of Award to Successful Bidder, Engineer will issue the required number of unbound, unsigned counterparts of the Agreement and other Contract Documents to Successful Bidder. 6.03 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. 6.04 Within 10 days thereafter, Owner will execute all copies of the Agreement and insert the Date of Contract in the Agreement, Bonds, and power of attorney documents. Owner will provide the executed Contract Documents to Engineer for binding and distribution as required. Each duly executed counterpart will be accompanied by a complete set of Drawings with appropriate identification. END OF SECTION OO200 00200 Instructions to Bidders 00200- 10 399884 SECTION 0400 -BID FORM Contract Name: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Bid Number: # 15-27, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: [ f Bidder: M'4 4 G -I �rirL 1 7t4.) Mootr- 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 tetras and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 399884 SECTION 00400 -BID FORM 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 /I7I24/6 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 00400 -Bid Form 00400-2 399884 SECTION 00400 —BID FORM 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. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. 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. H. 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. I. 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. K. 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 00400 -Bid Form 00400-3 399884 SECTION 00400 BID FORM Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4- BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): ITEM EST. NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 Total Bonds, Insurances & Contract LS 1 Submittals _ _ 2 Mobilization LS 1 (Max 5% of Total Bid) 8p , _ East Transformer 2,000 A, 480 V, 3 -Phase, 4 -Wire 3 Outdoor Feeder Busway System, LS 1 '. Demolition & All Electrical & ;( S $ OO Mechanical Installation Certified Production Reports, Visual & Mechanical Inspection; Electrical 4 Tests & Final Performance Acceptance LS 1 Testing Reports for East Transformer '14'6 .Busway System ____ .4tt West Transformer. ____ 2,000 A, 480 V, 3 -Phase, 4 -Wire 5 Outdoor Feeder Busway System LS 1 Demolition & All Electrical & 7.49 47t Od Mechanical Installation Certified Production Reports; Visual Mechanical Inspection; Electrical 6 Tests & Final Performance Acceptance LS 1 Testing Reports for West Transformer _7 ' as Busway System ______ ______ _____________ - TOTAL AMOUNT BID $ '8:2 740 o O 00400 -Bid Form 00400-4 399884 SECTION 00400 -BID FORM ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 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/!z 4 Dollars B. A tabulation 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: 0 f S (bQ/z - �a Ae 727°� Email. ��yGl,�s/CG�I.��• �'C Phone No. �7i ` 44I3 -o0 FAX No. _j7q.4#3 ` / )1I 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. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. 00400 -Bid Form 00400 — 5 399884 SECTION 00400 —BID FORM As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 00400 Bid Form 00400-6 399884 SECTION 00400 —BID FORM (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 9.02 Execution/Signatures for Contractors Assurances above, Bid and total Bid Form. SUBMITTED on4J11 , 20'i. Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: 00400 -Bid Form 00400-7 399884 SECTION 00400 -BID FORM A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: A Corporation or LLC /J f� Corporation Name: 4LJ M 1 /1 (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (type or printed): L 4 "' ° ' Title: %T/L 7 (CORPORATE SEAL) Attest: ` (Signature of porate Secretary) Business address: 4'J 1.0 Phone No.: FAX No.: / 7 T 9QJ l END OF SECTION 00400 00400 -Bid Form 00400 — 8 399884 SECTION 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called the Principal, and Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Surety, as Obligee, hereinafter called Owner, in the sum of Five Percent of the Amount Bid Dollars ($_5% of bid ,, 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: Paul R Noland WWrP Effluent Pump Substation Bus Duct Replacements 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 00410-1 399884 SECTION 00410 — BID BOND 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 24th day of June 201Q. PRINCIPAL (CORPORATE SEAL) King Electrical Contractors, Inc. By______Li 1/ SURETY Gra . e, Inc. BY&L<4f Pamela K. Hays ATTORNEY -IN -FACT (CORPORATE SEAL) P. O. Box 550 Little Rock, AR 72203 (This Bond shall be accompanied with Attorney -in -fact's authority from Surety) END OF SECTION 00410 00410 Bid Bond 00410-2 399884 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL C. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: / To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 17' day of April, 2014. Kenneth D. Whittin. on, President STATE OF OKLAHOMA ) SEA L Kyle . McDonald, Treasurer COUNTY OF OKLAHOMA ) On this 17"' day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. �ti�x E�,yt My Commission Expires: ..�d.aI August 8, 2017 Commission #: 01013257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 2.f-kCnday of , z0j. ( �TE � "Y SEAL .M., Kyle P. McDonald, Secretary/Treasurer GR48OO-1 Arkansas Secretary of State http://www.sos.a rkansas.gov/corps/search_corps.php?DETAIL=143301... Search Incorporations, Cooperatives, Banks and Insurance Companies Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the Secretary of State's office. Corporation Name AUSTIN KING, INC. Fictitious Names KING ELECTRICAL CONTRACTORS, INC. Filing # 100142465 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Principal Address Reg. Agent CHRISTERFER L KING Agent Address 2145 MOORE LANE FAYETTEVILLE, AR 72703 Date Filed 12/27/1996 Officers SEE FILE, Incorporator/Organizer PIER, BURCH & SCHERMERHORN, Tax Preparer CHRISTERFER L. KING , President KAREN KING , Secretary CHRISTERFER L. KING , Vice -President KAREN KING , Treasurer Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good Pay Franchise Tax for this corporation Standing for this Entity 1 of 1 6/24/2015 2:28 PM SECTION 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: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address Busway Manufacturer &AlJ4 I Mobilization Busway System Demolition & o C.. InstallationBusway System Inspection &�r+� Performance Testing Lei Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF SECTION 00430 Expected Percentage or Value Cl 76 xq% 00430 List of Subcontractors 00430— 1 399884 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Paul R Noland Effluent Pump Substation Bus Duct Replacements Contract No.: Bid # 15-27, Construction THIS AGREEMENT is dated as of the day of in the year 2015 by and between The City of Fayetteville, Arkansas and A0 Sk, /'}i 1.i c.. (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 includes, but is not limited to: Furnish and install two 2,000 AMP, 480 Volt, 3 -phase, 4 -wire totally enclosed, non - ventilated outdoor feeder busway systems including all necessary fittings, supports and accessories as specified herein, to replace the existing busway system as outlined in Technical Specifications 26 29 24 and as shown on Contract Drawings. Refer to SECTION 00400 -Bid Form for quantities. ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by CH2M HILL. CH2M HILL assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Utility and/or Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 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. 00500 Agreement 00500-1 399884 SECTION 00500 - AGREEMENT 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 90 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 120 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The 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 The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in 00500 Agreement 00500 -2 399884 SECTION 00500 — AGREEMENT lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 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 Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) 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 The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 00500 Agreement 00500 - 3 399884 SECTION 00500 — AGREEMENT a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The 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 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 The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon fmal completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 399884 SECTION 00500 - AGREEMENT ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville 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 has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a. Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer 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 (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 00500 Agreement 00500-5 399884 SECTION 00500 — AGREEMENT 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 The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, 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. I. 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. J. 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 The City of Fayetteville and Contractor concerning the Work consist of the 00500 Agreement 00500-6 399884 SECTION 00500 — AGREEMENT following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: PAUL R NOLAND WWTP EFFLUENT PUMP SUBSTATION BUS DUCT REPLACMENTS & BUS DUCT REPLACEMENT 8. Addenda numbers. 9. The following which maybe 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. 00500 Agreement 00500-7 399884 SECTION 00500 - AGREEMENT 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. The City of Fayetteville 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 The City of Fayetteville 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. 00500 Agreement 00500 - 8 399884 SECTION 00500 - AGREEMENT 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500 Agreement 00500-9 399884 SECTION 00500 — AGREEMENT This Agreement will be effective on 20hich is the Effective Date of the Agreement. CONTRACTOR:_____________ 1A By: C I rtf Title: (SEAL) Attest Title: Mayor Attest (SEAL) 00500 Agreement 00500-10 399884 SECTION 00500 — AGREEMENT Address for giving notices License No. Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: END OF SECTION 00500 00500 Agreement 00500-11 399884 SECTION 00550 — NOTICE TO PROCEED TO: (Contractor) Contract Name/Title: Paul R Noland WWTP Effluent Pump Station Bus Duct Replacement Contract No: Bid # 15-27, Construction Owner: City of Fayetteville, Arkansas You are notified that the Contract Time(s) under the above Contract will commence to run on 2Q. 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. Satisfactory evidence of insurance in accordance with the requirements of the General Conditions. 00550 Notice to Proceed 00550-1 399884 SECTION 00550 - NOTICE TO PROCEED: You are required to return an acknowledgement copy of this Notice to Proceed to the Owner. Dated this day of , 20! OWNER By Title ACCEPTANCE OF NOTICE TO PROCEED CONTRACTOR LM Title Date , 20 Copy to Engineer (Use Certified Mail, Return Receipt Requested) END OF SECTION 00550 00550 Notice to Proceed 00550-2 399884 SECTION 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of $ , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated _________,20, entered into a contract with Owner for Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or 00610 Performance Bond 00610-1 399884 SECTION 00610 — PERFORMANCE BOND: B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this day of 20! CONTRACTOR LM (CORPORATE SEAL) 00610 Performance Bond 00610-2 399884 SECTION 00610 — PERFORMANCE BOND: SURETY COUNTERSIGNED: Resident Agent State of Arkansas By By ATTORNEY -IN -FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF SECTION 00610 00610 Performance Bond 00610 —3 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 1 1 3 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of $ , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated , 20, entered into a contract with Owner for Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements_contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611 Payment Bond 00611-1 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 00611 Payment Bond 00611-2 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this day of 20^ CONTRACTOR (CORPORATE SEAL) SURETY COUNTERSIGNED: Resident Agent State of Arkansas By 00611 Payment Bond 00611 - 3 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: ATTORNEY -IN -FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF SECTION 00611 00611 Payment Bond 00611-4 399884 SECTION 00640 WARRANTY BOND We, as principal ("Principal"), and as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville for the payment of Dollars ($ , subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with City of Fayetteville for BID # 15-27, Construction - Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements Dated , 2015 (the "Contract"), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to City of Fayetteville in compliance with Article 22 of the General Conditions. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Article 29 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein(the "Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with non -defective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) City of Fayetteville shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. 00640 - 2 Yr Warranty Bond 00640-1 399584 FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by City of Fayetteville of any extension of time for the performance of the Contract, or any other forbearance on the part of either City of Fayetteville or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, City of Fayetteville and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations. Date of project final completion is . The bond shall be 50% of the final project value and shall effective for a period of two years. Executed on the day of By (Seal) Witness: ) Attest: ) (Seal) Surety END OF SECTION 0640 20 00640 - 2 Yr Warranty Bond 00640-2 399884 SECTION 00610— PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called Contractor, and Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond #GRAR32325 Doc ID: 016397980009 Type: LIE Kind: PERFORMANCE BOND Fee / 4334 AM Act: $55.00 Page I of 9 Washington County, AR Kyle Sylvester Circuit Clerk l=ileBO33-00000396 as Obligee, hereinafter called Owner, in the amount of $ 82,700.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated , 20___, entered into a contract with Owner for Paul R Noland VW'WTP Effluent Pump Substation Bus Duct Replacements which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having perfortned Owner's obligations, €hereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its temis and conditions, or 00610 Performance Bond 00610-1 399554 SECTION 00610 — PERFORMANCE BOND: B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon detennination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this Lg_� _ day of �4 ✓ 6# 20 CONTRACTOR (CORPORATE SEAL.) King Electrical Contractors, Inc. By: ,� �, K' 00610 Performance Bond 00610 — 2 39954 SECTION 00610 — PERFORMANCE BOND: SURETY Gra e, Inc. By Pamela K. Hays, Attorney -in -Fact A"I'TORNEY-1N-FAt'T P. O. Box 550 Little Rock, AR 72203 (This Bond shall be accompanied with. Attorney -in -Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas By Pamela K. Hays, Arkansas Resident Agent (CORPORATE SEAL) Approved as to Form: Attorney for END OF SECTION 00610 00610 Performance Bond 00610 -3 399S4 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: ,, To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts 'and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 17`" day of April, 2014. 604r0.M�^L, Kenneth D. Whittinn, President STATE OF OKLAHOMA ) S E 1 L SS: @e xonz% COUNTY OF OKLAHOMA ) Kyle . McDonald, Treasurer On this 17" day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. S1:. r'9k My Commission Expires: f. w,,„ August 8, 2017 Commission #: 01013257 4i Commission GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced,• provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of , 20 pUM lig SEAL Kyl�McDonald, Secretary/Treasurer GR0800-1 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: Bond #GRAR32325 This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called Contractor, and Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of S 82,700.00 •, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated , 20„, entered into a contract with Owner for Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements_contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly snake payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611 Payment Bond 00611 — 1 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that pan of water, gas; power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein dewed, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 00611 Payment Bond 00611 _2 3998S4 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situat€d, and not elsewhere. I). The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this J1 day of 2t7 CONTRACTOR King Electrical Contractors, Inc. By: SURETY Gran' , lnc. By Pamela K. Hays, Attorney -in -Fact (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas By Pamela K. Hays, Arkansas Resident Agent 00611 Paymen= Bond 00611-3 399884 SECTION 00611— LABOR AND MATERIAL PAYMENT BOND: ATTORNEY -IN -FACT (CORPORATE SEAL) P. 0. Box 550 Little Rock, AR 72203 (This Bond shall he accotnpanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF SECTION 00611 00611 Payment Bond 00611-4 3998S4 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: / To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 17'x' day of April, 2014. ogrL, ,cif —W Kenneth D. Whittin on, President STATE OF OKLAHOMA ) s F A L ) SS: ��./ COUNTY OF OKLAHOMA ) KyleA6. McDonald, Treasurer On this 17" day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company, My Commission Expires: August 8, 2017 \' 4/ Commission #: 01013257 I . • . GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of , 20 m�`pxpWre hC fn SEA L Kyle P. McDonald, Secretary/Treasurer GR0800-1 SECTION 00700 -- GENERAL CONDITIONS: TABLE OF CONTENTS ARTICLE 1- DEFINITIONS AND TERMINOLOGY.......................................................1 1.01 CONTRACT DOCUMENTS:............................................................................................ 1 1.02 DEFINITIONS:.................................................................................................................. 1 1.03 TERMINOLOGY:.............................................................................................................. 5 ARTICLE 2 - PRELIMINARY MATTERS..........................................................................5 2.01 DELIVERY OF BONDS:................................................................................................... 5 2.02 COPIES OF DOCUMENTS:.............................................................................................. 5 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED:..................... 5 2.04 STARTING THE PROJECT:............................................................................................. 5 2.05 BEFORE STARTING CONSTRUCTION:....................................................................... 6 2.06 PRECONSTRUCTION CONFERENCE:.......................................................................... 6 2.07 FINALIZING SCHEDULES:............................................................................................. 6 ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE...............6 3.01 INTENT:............................................................................................................................. 6 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:.......................... 7 3.03 OWNERSHIP AND REUSE OF DOCUMENTS:............................................................. 8 ARTICLE 4- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCEPOINTS...................................................................................8 4.01 AVAILABILITY OF LANDS:........................................................................................... 8 4.02 UNFORESEEN SUBSURFACE CONDITIONS:............................................................. 8 4.03 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES' ...................................... 9 4.04 REFERENCE POINTS:..................................................................................................... 9 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE MATERIAL:.....................................................................................................................10 ARTICLE 5- BONDS AND INSURANCE.........................................................................11 5.01 PERFORMANCE AND OTHER BONDS' .....................................................................11 5.02W INSURANCE' ..................................................................................................................12 ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES...................................................17 6.01 SUPERVISION AND SUPERINTENDENCE:...............................................................17 6.02 LABOR, EQUIPMENT, AND MATERIALS:................................................................18 00700 General Conditions 00700 TOC 399884 SECTION 00700 -- GENERAL CONDITIONS: TABLE OF CONTENTS 6.03 ADJUSTING PROGRESS SCHEDULE' ........................................................................18 6.04 SUBSTITUTES OR "OR -EQUAL" ITEMS:...................................................................18 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS :....................... 20 6.06 PATENT FEES AND ROYALTIES:............................................................................... 21 6.07 PERMITS' ........................................................................................................................ 21 6.08 LAWS AND REGULATIONS........................................................................................ 22 6.09 TAXES' ............................................................................................................................ 22 6.10 USE OF PREMISES:........................................................................................................ 22 6.11 RECORD DOCUMENTS' ............................................................................................... 23 6.12 SAFETY AND PROTECTION:....................................................................................... 23 6.13 EMERGENCIES' ............................................................................................................. 24 6.14 SUBMITTALS:................................................................................................................ 24 6.15 CONTINUING THE WORK' .......................................................................................... 25 6.16 INDEMNIFICATION' ..................................................................................................... 25 ARTICLE 7- OTHER WORK.............................................................................................26 7.01 RELATED WORK AT SITE' .......................................................................................... 26 7.02 COORDINATION:........................................................................................................... 26 ARTICLE 8- OWNER'S RESPONSIBILITIES................................................................27 8.01 COMMUNICATIONS' .................................................................................................... 27 8.02 CHANGE OF ENGINEER:.............................................................................................27 8.03 REQUIRED DATA' ......................................................................................................... 27 8.04 LANDS AND EASEMENTS:.......................................................................................... 27 8.05 INSURANCE:.................................................................................................................. 27 8.06 CHANGE ORDERS:........................................................................................................ 27 8.07 INSPECTIONS AND TESTS' ......................................................................................... 27 8.08 STOPPING THE WORK' ................................................................................................ 27 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES:.................................................. 27 ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION .............................28 9.01 OWNER'S REPRESENTATIVE:.................................................................................... 28 9.02 VISITS TO SITE:.............................................................................................................28 9.03 PROJECT REPRESENTATION:..................................................................................... 28 00700 General Conditions 00700 TOC 399884 SECTION 00700 - GENERAL CONDITIONS: TABLE OF CONTENTS 9.04 CLARIFICATIONS AND INTERPRETATIONS:.......................................................... 28 9.05 AUTHORIZED VARIATIONS IN WORK:....................................................................28 9.06 REJECTING DEFECTIVE WORK:................................................................................ 29 9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS:............................................ 29 9.08 DETERMINATIONS FOR UNIT PRICES- .................................................................... 29 9.09 DECISIONS ON DISPUTES:.......................................................................................... 29 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES :............................................ 30 ARTICLE 10 - CHANGES IN THE WORK.........................................................................31 10.01 GENERAL........................................................................................................................ 31 ARTICLE 11 - CHANGE OF CONTRACT PRICE............................................................31 11.01 GENERAL:....................................................................................................................... 31 11.02 COST OF THE WORK:................................................................................................... 32 11.03 CONTRACTOR'S FEE:................................................................................................... 34 11.04 CASH ALLOWANCES:.................................................................................................. 35 11.05 UNIT PRICE WORK:...................................................................................................... 35 11.06 RIGHT OF AUDIT:.......................................................................................................... 36 ARTICLE 12 - CHANGE OF CONTRACT TIMES............................................................36 12.01 GENERAL:....................................................................................................................... 3 6 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK............................................................................................................37 13.01 WARRANTY AND GUARANTEE' ............................................................................... 37 13.02 ACCESS TO THE WORK:.............................................................................................. 38 13.03 TESTS AND INSPECTIONS:......................................................................................... 38 13.04 DEFECTIVE WORK' ...................................................................................................... 3 8 13.05 UNCOVERING WORK:.................................................................................................. 39 13.06 OWNER MAY STOP THE WORK:................................................................................ 39 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK:........................................... 39 13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD' ........................................ 40 13.09 ACCEPTANCE OF DEFECTIVE WORK' ..................................................................... 40 13.10 OWNER MAY CORRECT DEFECTIVE WORK' ......................................................... 40 00700 General Conditions 00700 TOC 399884 SECTION 00700 - GENERAL CONDITIONS: TABLE OF CONTENTS ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................41 14.01 SCHEDULE OF VALUES:.............................................................................................. 41 14.02 APPLICATION FOR PROGRESS PAYMENT:............................................................. 41 14.03 CONTRACTOR'S WARRANTY OF TITLE- ................................................................ 42 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT:...................................... 42 14.05 SUBSTANTIAL COMPLETION- ................................................................................... 43 14.06 PARTIAL UTILIZATION:.............................................................................................. 44 14.07 FINAL INSPECTION:..................................................................................................... 45 14.08 FINAL APPLICATION FOR PAYMENT- ..................................................................... 45 14.09 FINAL PAYMENT AND ACCEPTANCE:.....................................................................45 14.10 CONTRACTOR'S CONTINUING OBLIGATION- .......................................................46 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: .46 14.12 INTEREST: NOT APPLICABLE................................................................................... 46 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION...................................47 15.01 OWNER MAY SUSPEND WORK- ................................................................................47 15.02 OWNER MAY TERMINATE- ........................................................................................ 47 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE- ............................................. 48 ARTICLE 16 - RESOLUTION OF DISPUTES....................................................................48 16.01 RESOLUTION OF CLAIMS AND DISPUTES.............................................................. 48 ARTICLE 17 - MISCELLANEOUS......................................................................................49 17.01 GIVING NOTICE- ........................................................................................................... 49 17.02 COMPUTATION OF TIME- ........................................................................................... 49 17.03 CLAIMS, CUMULATIVE REMEDIES:......................................................................... 49 17.04 FREEDOM OF INFORMATION ACT:.......................................................................... 50 00700 General Conditions 00700 TOC 399884 SECTION 00700 - GENERAL CONDITIONS: This document is based upon Engineers Joint Contract Documents Committee "Standard General Conditions of the Construction Contract," with modifications. ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 CONTRACT DOCUMENTS: 1. The Contract Documents establish the rights and obligations of the parties and shall consist of the documents listed in SECTION 00500, AGREEMENT. B. Reports and drawings of subsurface and physical conditions and approved Submittals by Contractor are not Contract Documents. C. Only printed or hard copies of items listed in subparagraph 1.01 A are Contract Documents. Files in electronic media format of text, data, graphics, and the like that maybe furnished by Owner to Contractor are not Contract Documents. 1.02 DEFINITIONS: A. Wherever used in these General Conditions or elsewhere in the Contract Documents, the following terms have the meanings indicated below, which are applicable to both the singular and plural thereof 1. "Addenda" - written or graphic changes or interpretations of the Contract Documents issued by Owner prior to the opening of Bids. 2. "Agreement" - the written agreement 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. 3. "Application for Payment" - the form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress and final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. "Asbestos" - any material that contains more than 1% 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. 5. "Bid" - the formal offer of the Bidder submitted on the prescribed Bid Form together with the required Bid security and all information submitted with the Bid that pertains to performance of the Work. 6. "Bidder" - any person, firm, or corporation submitting a Bid for the Work or their duly authorized representatives. 7. "Change Order" - a written document signed by Owner and Engineer authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after execution of the Agreement. 8. "Contract Drawings" - drawings and other data designated as Contract Drawings prepared by Engineer for this Contract which show the character and scope of the Work to be performed and are referred to in the Contract Documents. 9. "Contract Price" - the total monies payable to Contractor under the Contract Documents as stated in the Agreement. 10. "Contract Times" - the number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it 00700 General Conditions 00700 --1 399884 SECTION 00700 — GENERAL CONDITIONS: is ready for final payment as evidenced by Engineer's written recommendations of final payment. 11. "Contractor" - the person, firm or corporation with whom Owner has entered into the Agreement. 12. "Date of Contract", "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. 13. "Engineer" or "Engineer -Architect" - Architect, engineer, or other licensed professional who is either employed or has contracted with Owner to serve in a design capacity and whose consultants, members, partners, employees, or agents have prepared and sealed the Drawings and Specifications. 14. "Engineer's Consultant" - an individual or entity having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project. 15. "Equipment" - a product with operational or nonoperational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 16. "Field Order" - a written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Times. 17. "General Requirements" - Sections of DIVISION 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 18. "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. 19. "Law" - law of the place of the Project which shall govern the performance hereunder. 20. "Laws and Regulations," "Laws or Regulations" - laws, rules, regulations, ordinances, codes and/or orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 21. "Lien" - charges, security interests, or encumbrances on Project funds, real property, or personal property. 22. "Materials" - products substantially shaped, cut, worked, mixed, finished, refined, or otherwise fabricated, processed, or installed to form a part of the Work. 23. "Notice of Award" - 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. 24. "Notice to Proceed" - the written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform Contractor's obligation under the Contract Documents. 25. "Owner" - the City of Fayetteville, Arkansas, a constitutionally chartered municipal corporation, with which the Contractor has entered into the Agreement and for whom. the Work is to be provided. 00700 General Conditions 00700 —2 399884 SECTION 00700 - GENERAL CONDITIONS: 26. "Partial Utilization" - placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion of all the Work. 27. "PCBs" - Polychlorinated biphenyls. 28. "Petroleum" - petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60° 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. 29. "Program Manager" — NOT USED. 30. "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. 31. "Project Manual" - The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 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. 33. "Resident Project Representative" - the authorized representative of Engineer who is assigned to the construction Site or any part thereof. 34. "Reference Drawings" - drawings not specifically prepared for, nor a part of, this Contract, but which contain information pertinent to the Work. 35. "Samples" - physical examples of Equipment, Materials, 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. 36. "Shop Drawings" - all drawings, diagrams, illustrations, 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. 37. "Site" - lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 38. "Specifications" - those portions of the Contract Documents consisting of written technical descriptions of the Work, and covering the Equipment, Materials, workmanship, and certain administrative details applicable thereto. 39. "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. 40. "Submittals" - all Shop Drawings, product data, and Samples which are prepared by Contractor, a 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 proper installation, operation and maintenance, or technical properties. 00700 General Conditions 00700-3 399884 SECTION 00700 - GENERAL CONDITIONS: 41. "Substantial Completion" - the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it was intended. 42. "Supplementary Conditions" — part of the Contract Documents which amends and/or supplements these General Conditions. 43. "Supplier" - a manufacturer, fabricator, supplier, distributor, material man, or vendor. 44. "Underground Facilities" - 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 communications, cable television, sewage and drainage removal, traffic or other control systems, or water. 45. "Unit Price Work" - Work to be paid on the basis of Unit Prices. 46. "Work" - the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, the furnishing of Bonds and insurance, furnishing labor, and furnishing and incorporating Materials and Equipment into the construction, all as required by the Contract Documents. 47. "Work Change Directive" - a written directive to Contractor, 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 conditions under which the Work is to be performed as provided in Article 4 or to emergencies under Paragraph 6.13. 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 Directive 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 10.01 B. 48. "Written Amendment" - a written amendment to 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 Work -related aspects of the Contract Documents. 49. "Year 2000 Compliance" or "Year 2000 Compliant" — means that equipment, devices, items, systems, software, hardware, and firmware included in the Work or used to produce the Work shall properly, appropriately, and consistently function and accurately process date and time data (including without limitation: calculating, comparing, and sequencing) on and after December 31, 1999, including leap year calculations. 00700 General Conditions 00700-4 399884 SECTION 00700 - GENERAL CONDITIONS: 1.03 TERMINOLOGY: A. Whenever used in these General Conditions or elsewhere in the Contract Documents, the following terminology shall have the intent and meaning specified below: 1. The words "as indicated" refer to the Drawings and "as specified" refer to the remaining Contract Documents. 2. The terms "responsible" or "responsibility" mean that the party to which the term applies shall assume all responsibilities thereto. 3. The term "approve", when used in response to Submittals, requests, applications, inquiries, reports and claims by Contractor, will be held to limitations of Engineer's responsibilities and duties or specified in these General Conditions. In no case will "approval" by Engineer be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents. 4. When applied to Equipment and Materials, the words "furnish", "install", and "provide" shall mean the following: a. The word "provide" shall mean to furnish, pay for, deliver, assemble, install, adjust, clean and otherwise make Materials and Equipment fit for their intended use. b. The word "furnish" shall mean to secure, pay for, deliver to Site, unload and uncrate Equipment and Materials. c. The word "install" shall mean to assemble, place in position, incorporate in the Work, adjust, clean, and make fit for use. d. The phrase "furnish and install" shall be equivalent to the word "provide." 5. The word "day" shall constitute a calendar day of twenty-four hours measured from midnight to the next midnight. ARTICLE 2- PRELIMINARY MATTERS 2.01 DELIVERY OF BONDS: A. When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds as Contractor may be required to furnish in accordance with Paragraph 5.01. 2.02 COPIES OF DOCUMENTS: A. Owner will furnish to Contractor copies of the Contract Documents as stated in the General Requirements. 2.03 COMMENCEMENT OF CONTRACT TIMES: NOTICE TO PROCEED: A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the 105th day after the day of Bid opening or the 30th day after the Effective Date of the Agreement, whichever date is earlier. 2.04 STARTING THE PROJECT: A. 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. 00700 General Conditions 00700-5 399884 SECTION 00700 - GENERAL CONDITIONS: 2.05 BEFORE STARTING CONSTRUCTION: A. Before starting construction and undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent, figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor 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, or discrepancy in the Contract Documents, unless Contractor had actual knowledge thereof or should reasonably have known thereof. B. Within twenty days after the Effective Date of the Agreement, not before Contractor starts the Work at the Site, Contractor shall submit items as noted in Document 00550 -- Notice to Proceed (and as specified) to Engineer for review. C. Further, before any Work at the Site is started, Contractor shall deliver to Owner, with a copy to Engineer, certificates and other evidence of insurance requested by Owner which Contractor is required to purchase and maintain in accordance with Paragraph 5.02 (and Owner shall deliver to Contractor certificates and other evidence of insurance requested by Contractor which Owner is required to purchase and maintain in accordance with Paragraph 5.02). 2.06 PRECONSTRUCTION CONFERENCE: A. Within 20 days after the Effective Date of the Agreement, but before Contractor starts the Work at the Site, a conference attended by Contractor, Engineer, and others as appropriate will be held to discuss the schedules referred to in Paragraph 2.05B, to discuss procedures for handling Submittals, processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 2.07 FINALIZING SCHEDULES: A. A schedule shall be finalized in accordance with Specification SECTION 01321. The finalized construction progress schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times, but such acceptance will neither impose on Engineer responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefor. The finalized schedule of Submittal submissions will be acceptable to Engineer if it provides a workable arrangement for processing the submissions. ARTICLE 3- CONTRACT DOCUMENTS: INTENT AMENDING REUSE 3.01 INTENT: A. The Contract Documents comprise the entire agreement 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. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, Materials, or Equipment that may reasonably be inferred from the Contract 00700 General Conditions 00700 —6 399884 SECTION 00700 — GENERAL CONDITIONS: Documents as being required to produce the intended result will be supplied whether or not specifically called for, at no additional cost to the Owner. 1. When words which have a well-known technical or trade meaning are used to describe Work, Materials, or Equipment, such words shall be interpreted in accordance with that meaning. 2. Reference to standard 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 except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor, or Engineer, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's consultants, agents or employees, 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 provisions of the Contract Documents. 3. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Paragraph 9.04. C. If, during the performance of the Work, Contractor finds a conflict, error, or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from Engineer, however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. D. Applicable codes and standards referenced in these Contract Documents establish minimum requirements for Equipment, Materials, and Work and are superseded by more stringent requirements of Contract Documents when and where they occur. E. The Specifications are separated into Divisions and Sections for convenience in defining the Work. Contract Drawings are separated according to engineering disciplines and other classifications. This sectionalizing and the arrangement of Contract Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: A. 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: 1. A formal Written Amendment. 2. A Change Order (pursuant to Paragraph 10.01 D). B. As indicated in Paragraphs 11.01 B and 12.01 A, Contract Price and Contract Times may only be changed by a Change Order or Written Amendment. 00700 General Conditions 00700 —7 399884 SECTION 00700 - GENERAL CONDITIONS: C. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in the following way: I. A Field Order (pursuant to Paragraph 9.05). 2. Engineer's written interpretation or clarification (pursuant to Paragraph 9.04). 3.03 OWNERSHIP AND REUSE OF DOCUMENTS: A. All Contract Documents and copies thereof furnished by Engineer shall be the property of the Owner. B. Neither Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with Owner shall 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; and they shall not reuse any of the documents on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. ARTICLE 4- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILITY OF LANDS: A. 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. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. B. If Contractor believes that any delay in Owner's furnishing these lands, rights -of -way, or easements entitles Contractor to an extension of the Contract Times, Contractor may make a claim therefor as provided in Article 12. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. D. Contractor shall confine his operations to the construction limits indicated. 4.02 UNFORESEEN SUBSURFACE CONDITIONS: A. Contractor shall promptly notify Engineer in writing of any subsurface or latent physical conditions encountered at the Site which differ materially from those specified or indicated, or which could be reasonably interpreted from examination of the Site and available subsurface information at the time of bidding. B. Engineer will promptly investigate those conditions and advise Owner if further surveys or subsurface tests are necessary. Promptly thereafter, Engineer will obtain the necessary additional surveys and tests and furnish copies of results to Contractor and Owner. C. If Engineer and Owner find that the subsurface or latent physical conditions encountered at the Site differ materially from those specified or indicated, or which could have been reasonably interpreted from examination of the Site and available subsurface information at the time of bidding, then a Change Order will be issued by the Owner incorporating the necessary revisions. 00700 General Conditions 00700-8 399884 SECTION 00700 - GENERAL CONDITIONS: 4.03 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: A. 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 information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and, 2. Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in Paragraph 6.12 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. B. 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 and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by Paragraph 6.13), identify the owner of such Underground Facility and give written notice thereof to that owner and Engineer. Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 6.12. Contractor shall be allowed 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 which Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, Contractor may make a claim therefor as provided in Articles I I and 12. 4.04 REFERENCE POINTS: A. Engineer will provide engineering surveys to establish 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 (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of Engineer. Contractor 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 responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Contractor shall be responsible for any mistakes or loss of time that may result from their loss or disturbance. 00700 General Conditions 00700-9 399884 SECTION 00700 — GENERAL CONDITIONS: B. Contractor shall make such surveys as are required for establishing pay limits and determining quantities for progress pay estimates. He shall furnish Engineer with one copy each of all field notes of such surveys. 4.05 ASBESTOS, PCBS. PETROLEUM, HAZARDOUS WASTE. OR RADIOACTIVE MATERIAL: A. 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, Suppliers, or anyone else for whom Contractor is responsible. B. Contractor shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by Paragraph 6.13), and (ii) notify Owner and Engineer (and thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning 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 Contractor to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. C. 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 affected 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. D. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, Engineer, Engineer's Consultants, and the officers, directors, partners, 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 4.05D shall obligate Owner to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. 00700 General Conditions 00700— 10 399884 SECTION 00700 - GENERAL CONDITIONS: E. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants, and the officers, directors, partners, 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 relating to such hazardous condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this subparagraph 4.05E shall obligate Contractor to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. F. The provisions of Paragraphs 4.02 and 4.03 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 5.01 PERFORMANCE AND OTHER BONDS: A. Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's Office prior to providing a copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. B. Contractor shall furnish performance and payment 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 Documents. These Bonds shall remain in effect at least until two years after the date when final payment is approved by Owner, except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and 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 Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds shall be signed by an Arkansas Agent. C. The Bonds shall be automatically increased in amount and extended in time without formal and separate amendments to cover full and faithful performance of the Contract in the event of Change Orders, regardless of the amount of time or money involved. It is Contractor's responsibility to notify his surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Times. D. Bonds signed by an agent must be accompanied by a certified copy of the authority to act. E. Date of Bonds shall be the same as the Effective Date of the Agreement. F. If at any time during the continuance of the Contract, the surety on any Bond becomes unacceptable to Owner for financial reasons, Owner has the right to require additional and sufficient sureties which Contractor shall furnish to the satisfaction of Owner within ten days after notice to do so. I. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of 00700 General Conditions 00700 —11 399884 SECTION 00700 — GENERAL CONDITIONS: Paragraph 5.01 A, Contractor shall within five days thereafter substitute another Bond and surety, both of which must be acceptable to Owner. 5.02 INSURANCE: A. Contractor's Liability Insurance: 1. Contractor and all of his subcontractors shall purchase and maintain such liability and other insurance as is appropriate for the Work being furnished and performed and as will provide protection from claims set forth below which may arise out of or result from. Contractor's furnishing and performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: a. Claims under workers' compensation, disability benefits, and other similar employee benefit acts; b. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; c. Claims for damages because of bodily injury, sickness, or disease, or death of any person other than Contractor's employees; d. Claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) 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; e. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use therefrom; f. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and g. 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. 2. The insurance required by this paragraph shall include the specific coverages, and be written for not less than the limits of liability specified or required by Law, whichever is greater. a. Umbrella General Liability $5,000,000 b. Workers' compensation Statutory (State and Federal Limits) Employer's Liability $500,000 each accident c. Commercial General Liability (1) General Aggregate $2,000,000 (2) Products -Completed Operations Aggregate $2,000,000 (3) Personal & Advertising Injury Limit $1,000,000 (4) Each Occurrence Limit $1,000,000 (5) Fire Damage Limit $ 100,000 (6) Medical Expense Limit $ 5,000 d. Business Automobile Liability (1) Any one loss or accident $1,000,000 00700 General Conditions 00700— 12 399884 SECTION 00700 - GENERAL CONDITIONS: B. The policies of insurance so required by paragraph 5.02A to be purchased and maintained shall: 1. with respect to insurance required by Paragraphs 5.02A. 1.c through 5.02A.1.g inclusive, include as additional insureds by endorsement (subject to customary exclusion in respect of professional liability) Owner, Engineer, and Engineer's Consultants, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability specified in Paragraph 5.02A.2 or required by Laws and Regulations, whichever is greater; 3. with respect to insurance required by paragraphs 5.02A1.c through 5.02A1.g inclusive, include premises/operations, products, completed operations, independent contractors, and personal injury insurance,; 4. include in the Commercial General Liability policy, contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.06, 6.10, and 6.16, and written for not less than the limits of liability and coverages specified above; 5. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed, or renewal refused until at least 30 days' prior written notice by certified mail has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued; 6. provide Broad Form Property Damage coverage and contain no exclusion (commonly referred to as XC&U exclusion) relative to blasting, earthquake, flood, explosion, collapse of buildings, or damage to underground property; 7. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; 8. 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 specified additional insured 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; 9. include Independent Contractors Protective Liability coverage; and 10. with respect to the Commercial General Liability policy, the maximum deductible allowed shall be $5, 000. 11. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02A and any other liability insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Engineer, Engineer's Consultants, and all other individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents and other consultants and 00700 General Conditions 00700 —13 399884 SECTION 00700 - GENERAL CONDITIONS: subcontractors of eachand any of them) under such policies for losses and damages so caused. As required by Paragraph 6.05D, each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner, Contractor, Engineer, Engineer's Consultants, and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. with respect to the Commercial General Liability policy, the maximum deductible allowed shall be $5,000. C. Owner's Protective Liability Insurance: I. Contractor shall be responsible for purchasing and maintaining Owner's Protective Liability insurance with Owner, and Engineer as named insureds. 2. This insurance shall have the same limits of liability as the Commercial General Liability insurance and shall protect Owner and Engineer against any and all claims and liabilities for injury to or death of persons, or damage to property caused in whole or in part by, or alleged to have been caused in whole or in part by, negligent acts or omissions of Contractor or Subcontractors or any agent, servant, worker, or employee of Contractor or Subcontractors arising from the operations under the Contract Documents. 3. This insurance may be provided by endorsement to Contractor's Commercial General Liability insurance policy. D. Property Insurance: 1. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full insurable value thereof (subject to such deductible amounts as follows) or as required by Laws or Regulations. This insurance shall: a. be on the completed value form and include the interests of Owner, Contractor, Subcontractors, Engineer, and Engineer's Consultants, and the officers, directors, partners, employees, agent, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; b. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and Equipment and Materials, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, terrorism, and such other perils (as flood, earthquake, explosions, collapse, underground hazard) or causes of loss as may be specifically required in the Contract Documents; c. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals); d. cover Equipment and Materials stored at the Site or at another location that was agreed to in writing by Engineer prior to being incorporated in 00700 General Conditions 00700— 14 399884 SECTION 00700 - GENERAL CONDITIONS: the Work, provided that such Equipment and Materials have been included in an Application for Payment recommended by Engineer; e. allow for partial utilization of the Work by Owner; f. include testing and startup; g. be maintained in effect until final payment (or the Owner assumes beneficial occupancy and agrees to provide insurance coverage for the facilities so occupied) is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days' written notice to each other additional insured to whom a certificate of insurance has been issued; and h. have a deductible amount of $ 10,000. 2. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as required by Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, Engineer, and Engineer's Consultants in the Work, each of whom is deemed to have an insurable interest and shall be listed as insured or additional insured parties. 3. All policies of insurance required to be purchased and maintained in accordance with Paragraph 5.02D will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least 30 days' prior notice by certified mail has been given to Owner and Contractor and to each additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.02F below. 4. Copies of the policies shall be furnished for property insurance. Certificates will not be acceptable. E. Transit Insurance: 1. Transit insurance shall be furnished by Contractor to protect Contractor and Owner from all risks of physical loss or damage to Equipment and Materials, not otherwise covered under other policies, during transit from point of origin to the Site of installation or erection. 2. This insurance shall be written on an "All Risk" basis with additional coverages applicable to the circumstances that may occur in the particular Work included in this Contact. 3. This insurance shall be in an amount not less than 100% of the manufactured or fabricated value of items exposed to risk in transit at any one time. 4. This insurance shall contain a waiver of rights of subrogation the insurer may have or acquire against Engineer. F. Waiver of Rights: I. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.02D will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants, and other individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss 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; and if the insurers require 00700 General Conditions 00700— 15 399884 SECTION 00700 - GENERAL CONDITIONS: separate waiver forms to be signed by Engineer or Engineer's Consultants, Owner will obtain the same, and if such waiver forms are required of any Subcontractor, Contractor shall obtain the same. 2. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies required by Paragraph 5.02D 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 individuals or entities endorsed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. As required by Paragraph 6.05D, each subcontract between Contractor and a Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner, Contractor, Engineer, Engineer's Consultants, and all other parties endorsed as insureds or additional insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. G. Receipt and Application of Insurance Proceeds: 1. Any insured loss under the policies of insurance required by Paragraph 5.02D will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.02G.2. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied to account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 2. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection is made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties upon the occurrence of an insured loss. H. Acceptance of Insurance: If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with Paragraph 5.02 on the basis of non-conformance with the Contract Documents, Owner shall so notify Contractor in writing thereof within 10 days of the date of delivery of such certificates and other evidence of insurance to Owner required by Paragraph 2.05C. 00700 General Conditions 00700— 16 399884 SECTION 00700 - GENERAL CONDITIONS: 2. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. I. Partial Utilization, Acknowledgment of Property Insurer: 1. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.06, no such use or occupancy shall commence before the insurers providing property insurance pursuant to Paragraph 5.02D 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 insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE: A. Contractor shall supervise 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 Contract Documents. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, but Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. B. 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 Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. C. When manufacturer's field services in connection with the erection, installation, start-up, or testing of Equipment furnished under this Contract, or instruction of Owner's personnel thereon are specified, Contractor shall keep on the Work, during its progress or as specified, competent manufacturer's field representatives and any necessary assistants. 00700 General Conditions 00700 —17 399884 SECTION 00700 - GENERAL CONDITIONS: 6.02 LABOR, EQUIPMENT, AND MATERIALS: A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without Engineer's written consent. B. Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all Equipment and Materials, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the Work. C. All Equipment and Materials shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractor shall furnish to Engineer satisfactory evidence (including reports of required tests) as to the kind and quality of Equipment and Materials. All Equipment and Materials shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to Engineer, or any of Engineer's consultants, agents, or employees, 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 provisions of Paragraph 9. 10C and 9. 10D. D. All Equipment and Materials incorporated in the Work shall be designed to meet the applicable safety standards of federal, state, and local Laws and Regulations. E. Domestic Product Procurement: Not Applicable. 6.03 ADJUSTING PROGRESS SCHEDULE: A. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.04 SUBSTITUTES OR "OR -EQUAL" ITEMS: A. Whenever an item of Equipment or Material 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, appearance, 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 substitute is permitted, other items of Equipment or Material of other Suppliers may 00700 General Conditions 00700— 18 399884 SECTION 00700 - GENERAL CONDITIONS: be submitted by Contractor to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor is functionally equal to that named and sufficiently 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 approval of proposed substitute items. For purposes of this Paragraph 6.04A. 1, a proposed item of Equipment or Material will be considered functionally equal to an item so named if: a. In the exercise of reasonable judgment Engineer determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. Contractor certifies that: (i) there is no increase in cost to Owner; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of Equipment or Material proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.04A. 1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of Equipment or Material proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of Equipment or Materials will not be accepted by Engineer from anyone other than Contractor. c. The procedure for review by Engineer will be as set forth in Paragraph 6.04A.2.d, as may be supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall first make written application to Engineer for review of a proposed substitute item of Equipment or Material that Contractor seeks to furnish or use. The application shall certify that the proposed substitute item 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 use of the proposed substitute will prejudice Contractor's achievement of Substantial Completion on time; whether or not use of the proposed substitute item 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 item; and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, 00700 General Conditions 00700— 19 399884 SECTION 00700 — GENERAL CONDITIONS: maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Engineer in evaluating the proposed substitute item. Engineer may require Contractor to furnish additional data about the proposed substitute item. B. If a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or use a substitute means, method, sequence, technique, or procedure of construction acceptable to Engineer, if Contractor submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in Paragraph 6.04A.2 as applied by Engineer and as may be supplemented in the General Requirements. C. Engineer will be allowed a reasonable time within which to evaluate each proposed substitute or "or -equal" item. Engineer will be the sole judge of acceptability, and no substitute or "or -equal" will be ordered, installed, or used until Engineer's review is complete, which will be evidenced by either (i) a Change Order for a substitute, or (ii) an approved Submittal for an "or -equal." Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Engineer will record time required by Engineer and, Engineer's Consultants, in evaluating substitute proposed or submitted by Contractor pursuant to Paragraphs 6.04A.2 and 6.04B 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 approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of, Engineer, and Engineer's Consultants for evaluating each such proposed substitute. 6.05 CONCERNING SUBCONTRACTORS SUPPLIERS, AND OTHERS: A. Contractor shall not employ any Subcontractor, Supplier, or other person or organization (including those acceptable to Owner and Engineer as indicated in Paragraph 6.05B), whether initially or as a substitute, against whom Owner or Engineer may have reasonable 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. B. If the Contract Documents require the identity of certain Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of Equipment and Materials) to be submitted to Owner within the required time after Bid opening prior to the Effective Date of the Agreement for acceptance by Owner and Engineer and if Contractor has submitted a list thereof, Owner's or Engineer's 'acceptance (either in writing or by failing to make written objection thereto) of any such Subcontractor, 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 submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution, and an appropriate Change Order will be issued or Written Amendment 00700 General Conditions 00700-20 399884 SECTION 00700 - GENERAL CONDITIONS: 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. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between Owner, or Engineer and any such Subcontractor, Supplier, or other person or organization, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other person or organization except as may otherwise be required by Laws and Regulations. D. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by Paragraph 5.02F. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to Paragraph 5.02D. 6.06 PATENT FEES AND ROYALTIES: A. Contractor shall pay all license fees and royalties 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. B. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.07 PERMITS: A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, 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. Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 00700 General Conditions 00700-21 399884 SECTION 00700 - GENERAL CONDITIONS: 6.08 LAWS AND REGULATIONS: A. 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 Contractor's compliance with any Laws or Regulations. B. If Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, Contractor shall give Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 3.02. If Contractor performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to Engineer. Contractor shall bear all costs arising therefrom; however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 6.09 TAXES: A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid or withheld by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.10 USE OF PREMISES: A. Contractor shall confine construction equipment, the storage of Equipment and Materials, and the operations of workers to the Project 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 equipment and materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against Owner or Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim 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 such other party against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work. B. 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 premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and ready for occupancy by Owner. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 00700 General Conditions 00700 —22 399884 SECTION 00700 - GENERAL CONDITIONS: C. 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. 6.11 RECORD DOCUMENTS: A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Test Records, Field Orders, and written interpretations and clarifications (issued pursuant to Paragraph 9.04) 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 Submittals shall be available to Engineer for reference. Upon completion of the Work, these record documents and Submittals shall be delivered to Engineer for Owner. B. Receipt and acceptance of record documents will be a prerequisite for final payment on the Contract. 6.12 SAFETY AND PROTECTION: A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs 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: 1. All employees on the Work and other persons and organizations who may be affected thereby; 2. All the Work and Materials and Equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the 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 owners 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 6.12A.2 or 6.12A.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 anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor). Contractor's duties and responsibilities for the safety and 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 Paragraph 14.09A that the Work is 00700 General Conditions 00700-23 399884 SECTION 00700 - GENERAL CONDITIONS: acceptable (except as otherwise expressly provided in connection with Substantial Completion). C. Contractor shall designate a responsible representative at the Site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner and Engineer. 6.13 EMERGENCIES: A. 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 authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury, or loss. Contractor 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 that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations. 6.14 SUBMITTALS: A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, Contractor shall submit to Engineer for review and acceptance by Engineer, in accordance with the accepted schedule of submissions, copies of Submittals which will bear the required information that Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as Engineer may require. The data shown on Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to enable Engineer to review the information as required. B. Before submission of each Submittal, Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto and reviewed or coordinated each Submittal with other Submittals and with the requirements of the Work and the, Contract Documents. C. At the time of each submission, Contractor shall give Engineer specific written notice of each variation that the Submittal may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Submittal submitted to Engineer for review and approval of each such variation. D. Engineer will review Submittals with reasonable promptness, but Engineer's review and acceptance will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required 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 Submittals and resubmit as required for 00700 General Conditions 00700 —24 399884 SECTION 00700 - GENERAL CONDITIONS: review and acceptance. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. E. Engineer's review and acceptance of Submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents. Contractor shall in writing call Engineer's attention to each and every variation at the time of submission. Engineer will show approval of each such variation by a specific written notation thereof incorporated in or accompanying the Submittal. Acceptance by Engineer shall not relieve Contractor from responsibility for errors or omissions in the Submittals. F. Where a Submittal is required by the Specifications, any related Work performed prior to Engineer's review and acceptance of the pertinent submission will be the sole expense and responsibility of Contractor. 6.15 CONTINUING THE WORK: A. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with Engineer or Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.03 or as Contractor and Owner may otherwise agree in writing. 6.16 INDEMNIFICATION: A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, damages, losses and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense: 1. Is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and 2. Is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, 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 it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. B. In any and all claims against Owner or Engineer or any of their consultants, agents, or employees by any employee of Contractor, any Subcontractor, 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 6.16A 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 or other person or organization under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 00700 General Conditions 00700 —25 399884 SECTION 00700 - GENERAL CONDITIONS: C. The obligations of Contractor under Paragraph 6.16A shall not extend to the liability of Engineer, Engineer's Consultants, agents, or employees arising out of 1. The preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs, or, specifications. 2. The giving of or the failure to give communications by Engineer, their agents, or employees provided such giving or failure to give is the primary cause of injury or damage. D. If necessary for enforcement of any indemnification and hold harmless requirement herein, or if applicable law requires the Contractor to obtain specified limits of insurance to insure any indemnity obligation; then Contractor shall obtain such applicable coverage with minimum limits not less than any specified in Paragraph 5.02B herein, the cost to be recovered and included in the Contract Price, and any indemnity attributable to the negligence of any indemnified party shall be limited to such insurance. ARTICLE 7- OTHER WORK 7.01 RELATED WORK AT SITE: A. Owner may perform other work related to the Project at the Site by Owner's own forces, have other work performed by utility owners, or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work; and, if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the extent thereof, Contractor may make a claim therefor as provided in Articles 11 and 12. B. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional 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 work, and shall properly connect and coordinate the Work with theirs; Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise 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. C. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner or Owner, Contractor shall inspect and promptly report to Engineer in writing any delays, defects, or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in the other work. 7.02 COORDINATION: A. If Owner contracts with others for the performance of other work on the Project at the Site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified 00700 General Conditions 00700 —26 399884 SECTION 00700 — GENERAL CONDITIONS: in the General Requirements, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 COMMUNICATIONS: A. Owner shall issue all communications to Contractor through Engineer. 8.02 CHANGE OF ENGINEER: A. In case of termination of the employment of Engineer, 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. Any dispute in connection with such appointment shall be addressed as discussed in Article 16. 8.03 REQUIRED DATA: A. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided in Paragraphs 14.04A and 14.09A. 8.04 LANDS AND EASEMENTS: A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.04. 8.05 INSURANCE: A. Owner's responsibilities in respect of purchasing and maintaining insurance are set forth in Paragraph 5.02. 8.06 CHANGE ORDERS: A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.01. 8.07 INSPECTIONS AND TESTS: A. Owner's responsibility in respect of certain inspections, tests and approvals is set forth in Paragraph 13.03B. 8.08 STOPPING THE WORK: A. In connection with Owner's right to stop Work or suspend Work, see Paragraphs 13.06 and 15.02. Paragraph 15.02A deals with Owner's right to terminate services of Contractor under certain circumstances. 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES: A. Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor'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 performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 00700 General Conditions 00700 —27 399884 SECTION 00700 - GENERAL CONDITIONS: ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.02 VISITS TO SITE: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous 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 to the Contract Documents. On the basis of such visits and on -Site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 9.03 PROJECT REPRESENTATION: A. Engineer may furnish Resident Project Representative and assistants to assist Owner and Engineer in observing the performance of the Work. 1. Communications pertaining to Submittals, written interpretations, and Change Orders shall be directed to Engineer at his home office. 2. Communications pertaining to day-to-day operations at the Site shall be directed to Resident Project Representative. 3. Resident Project Representative and his assistants will conduct observations of the Work in progress to assist Engineer in determining that the Work is proceeding in accordance with the Contract Documents. 4. Resident Project Representative will not have authority to permit any deviation from the Contract Documents, except with concurrence of Owner and Engineer. 9.04 CLARIFICATIONS AND INTERPRETATIONS: A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Times and the parties are unable to agree to the amount or extent thereof, Contractor may make a claim therefor as provided in Article 11 or Article 12. 9.05 AUTHORIZED VARIATIONS IN WORK: A. 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 consistent with the overall intent of the Contract 00700 General Conditions 00700-28 399884 SECTION 00700 - GENERAL CONDITIONS: 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. 9.06 REJECTING DEFECTIVE WORK: A. Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.05B, whether or not the Work is fabricated, installed, or completed. B. Resident Project Representative will have authority, subject to final decision of Engineer, to disapprove or reject any defective workmanship, Equipment, or Material. 9.07 SUBMITTALS. CHANGE ORDERS, AND PAYMENTS: A. In connection with Engineer's responsibility for Submittals, see Paragraph 6.14. B. In connection with Engineer's responsibilities as to Change Orders, see Articles 10, 11, and 12. C. In connection with Engineer's responsibilities in respect of Applications for Payment, see Article 14. 9.08 DETERMINATIONS FOR UNIT PRICES: A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon to the Owner. Engineer will provide approval by recommendation of an Application for Payment to the Owner or return Application to Engineer for further review. B. Engineer's written decisions 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 party to the Agreement and to Engineer written notice of intention to appeal such a decision. 9.09 DECISIONS ON DISPUTES: A. 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 11 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, which Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute, and other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than 30 days) after the occurrence of the event giving rise thereto, and written supporting data shall be delivered to Engineer and the other party within 60 days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim. Owner may request written review by Engineer of claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents. 00700 General Conditions 00700-29 399884 SECTION 00700 — GENERAL CONDITIONS: B. When functioning as interpreter and judge under Paragraphs 9.08 and 9.09A, Engineer will not show partiality to Owner or Contractor and Engineer 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 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 14.11) 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. 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES; A. Neither Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. B. Whenever in the Contract Documents the terms "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 judgment of Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with 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 Engineer 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 provisions of Paragraphs 9.10C or 9.10D. C. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor'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 performance of the Work. Engineer will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. D. 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 performing or furnishing any of the Work. E. The presence or absence of Engineer, or any of their representatives will not act to relieve Contractor of any responsibility or of any guarantee of his performance. Neither will observation by Engineer, or any of their representatives in any way be understood to relieve Contractor of any responsibility for proper supervision of the Work at all times. F. Review by Engineer of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.08A 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 Documents. 00700 General Conditions 00700 —30 399884 SECTION 00700 - GENERAL CONDITIONS: G. The limitations upon authority and responsibility set forth in this Paragraph 9.10 shall also apply to Engineer's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK 10.01 GENERAL: A. 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; these will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which shall be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or a shortening of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in Article 11 or 12. C. 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 3.02A and 3.02C, except in the case of an emergency as provided in Paragraph 6.13 and except in the case of uncovering Work as provided in Paragraph 13.05B. D. Owner and Contractor shall execute appropriate Change Orders (or Written Amendments) covering: 1. Changes in the Work which are ordered by Owner pursuant to Paragraph 10.01A, are required because of acceptance of defective Work under Paragraph 13.09 or correcting defective Work under Paragraph 13.10, or are agreed to by the parties; 2. Changes in the Contract Price or Contract Times which are agreed to by the parties; and 3. Changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 9.09A, 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, Contractor shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.15. E. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, 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 responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11- CHANGE OF CONTRACT PRICE 11.01 GENERAL: A. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, 00700 General Conditions 00700-31 399884 SECTION 00700 — GENERAL CONDITIONS: responsibilities, and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. B. The Contract Price may only be changed by a Change Order or a Written Amendment. Any claim for an increase or decrease 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 30 days) after the occurrence of the 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 60 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 claimant's written statement that the amount claimed covers all known amounts (direct, indirect, and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by Engineer in accordance with Paragraph 9.09A if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph 11.01B. C. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of Unit Prices to the quantities of the items involved (subject to the provisions of Paragraphs 11.05A through 11.05C, inclusive). 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.03A.2.a. 3. On the basis of the Cost of the Work (determined as provided in Paragraphs 11.02A and 11.02B) plus a Contractor's Fee for overhead and profit (determined as provided in Paragraphs 11.03A and 11.03B). 11.02 COST OF THE WORK: A. 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 l 1.02B. 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. 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, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the Site. 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. 00700 General Conditions 00700-32 399884 SECTION 00700 — GENERAL CONDITIONS: 2. Cost of all Equipment and Materials 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 Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Engineer, which bids will be accepted. If a 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 shall be determined in the same manner as Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, installation, dismantling, and removal thereof - all in accordance with 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. d. Sales, consumer, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence 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. f. Losses and damages not compensated by insurance or otherwise, to the Work or otherwise sustained by Contractor in connection with the performance and furnishing of the Work provided they have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; shall include settlements made with the 00700 General Conditions 00700-33 399884 SECTION 00700 — GENERAL CONDITIONS: 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 Contractor is placed in charge thereof, Contractor shall be paid for services a fee proportionate to that stated in Paragraph 11.03A.2. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with Paragraph 5.02D.4. B. The term Cost of the Work shall not include any of the following: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing 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 l 1.02A. I or specifically covered by Paragraph 11.02A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work, and charges against Contractor for delinquent payments. 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 11.02A.5.i above). 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly 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. 6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.02A. 11.03 CONTRACTOR'S FEE: A. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows: 1. A mutually acceptable fixed fee; or if none can be agreed upon, 00700 General Conditions 00700-34 399884 SECTION 00700 -- GENERAL CONDITIONS: 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.02A. I and 11.02A.2, the Contractor's Fee shall be 10%(negotiable with Owner); b. For costs incurred under Paragraph 11.02A.3, the Contractor's Fee shall be 5%; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to Contractor on account of overhead and profit of all Subcontractors shall be 10%(negotiable with Owner); c. Where one or more tiers of subcontracts are on the basis of the Cost of the Work Plus a Fee and no fixed fee is agreed upon, the intent of Paragraphs 11.03A and 11.02A.1 through A.3 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee often percent (10%) of the costs incurred by such Subcontractor under Paragraphs 11.02A.1 and 11.02A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor. d. No fee shall be payable on the basis of costs itemized under Paragraph 11.02A.4, 11.02A.5 and 11.02B; e. The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amount equal to 10% of the net decrease; and f. 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 11.03A.2.a through 11.03A.2.d, inclusive. B. Whenever the cost of any Work is to be determined pursuant to Paragraph 11.02A or 11.02B, Contractor will submit in form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.04 CASH ALLOWANCES: A. Not applicable. 11.05 UNIT PRICE WORK: A. 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 Prices 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 classifications of Unit Price Work performed by Contractor will be made by Engineer in accordance with Paragraph 9.08. B. 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 separately identified item. C. Where the quantity of any item of Unit Price Work performed by Contractor exceeds the estimated quantity of such item indicated in the Agreement by twenty-five 00700 General Conditions 00700 —35 399884 SECTION 00700 — GENERAL CONDITIONS: percent or more and there is no corresponding adjustment with respect to any other item of Work and if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. 11.06 RIGHT OF AUDIT: A. Owner shall have the right to inspect and audit all of Contractor's books, records, correspondence, instructions, drawings, receipts, payment records, vouchers, and memoranda relating to the Work, and Contractor shall preserve all such records and supporting documentation for a period of three years after date of Final Payment. Contractor hereby grants to Owner the authority to enter Contractor's premises for the purpose of inspection of such records and supporting documentation or, at Contractor's option, Contractor may make such records and supporting documentation available to Owner at a location satisfactory to Owner. B. All of the records and supporting documentation shall be open to inspection and subject to audit and reproduction by Owner or its authorized representative for any and all purposes, including but not limited to (i) compliance with the Contract Documents; (ii) proper pricing of Change Orders; and (iii) claims submitted by or against Contractor or any Subcontractor or Supplier in connection with any performance under the Contract Documents. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.01 GENERAL: A. The Contract Times may only be changed by a Change Order or a Written Amendment. Contractor, in undertaking to complete the Work within the Contract Times, shall take into consideration and make allowances for all of the ordinary delays and hindrances incident to such Work, whether growing out of delays in securing equipment or materials or workmen or otherwise. B. Adjustments to the Contract Times will be made for delays in completion of the Work from causes beyond Contractor's control, including the following: 1. Federal embargoes, priority orders, or other restrictions imposed by the United States Government. 2. Unusual delay in fabrication or shipment of Equipment or Materials required in the Work, whether ordered by Contractor or furnished by Owner or others under separate contract. 3. Strikes and other labor disputes. 4. Delays caused by court proceedings. 5. Change Orders. 6. Neglect, delay, or default of any other contractor employed by Owner. 7. Unusual construction delays resulting from weather conditions abnormal to the geographical area and to the season of the year such as above normal continuous days of precipitation, above normal amount of precipitation within a 24 hour period, or above normal days of extreme cold or hot temperature conditions affecting installation / application due to manufacturers or specifications limitations. These conditions will not be cause for extensions of time if abnormal weather conditions do not affect the stage of construction. All claims for extension of time due to abnormal 00700 General Conditions 00700 — 36 399884 SECTION 00700 — GENERAL CONDITIONS: weather conditions must be substantiated with evidence from a weather bureau or other authoritative source. Weather conditions normal to the geographical area and to the season of the year shall be taken into consideration in the Bid. Normal conditions shall be defined as the average number of days, amounts, or both over a 5 -year period averaged per season. 8. Conflicts, errors or discrepancies in the Contract Documents reported to Engineer as provided in these General Conditions. 9. Any failure or delay by Contractor in supplying equipment, materials, work, or services that are Year 2000 compliant or failure or delay by Contractor's Subcontractors or Suppliers in providing equipment, materials, work, or services as a result of Subcontractors' or Suppliers' lack of Year 2000 compliance in their own operations, systems, or processes used to provide or deliver equipment, material, work, or services shall not be considered to be caused by events beyond Contractor's control. Such Year 2000 compliance problems shall not constitute a basis for delay in completion of the Work, adjustment to the Contract Times, or an excuse for Contract nonperformance. C. Owner shall award extensions of the Contract Times on account of such causes of delay, provided that adequate evidence is presented to enable Engineer to determine with exactness the extent and duration of delay for each item involved. D. No extension to the Contract Times will be granted for delays involving only portions of the Work, or which do not directly affect the time required for completion of the entire Work. E. Any claim for an extension to the Contract Times shall be delivered in writing to Owner and Engineer within ten days of the occurrence of the event giving rise to the claim. All claims for adjustment to the Contract Times will be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change to the Contract Times resulting from any such claim will be incorporated in a Change Order or a Written Amendment. F. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs) for delay by either party. ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 WARRANTY AND GUARANTEE: A. Contractor warrants and guarantees to Owner and Engineer that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. B. No provision in the Contract Documents nor any specified guarantee time limit shall be held to limit Contractor's liability for defects to less than the legal limit of liability in accordance with the Law. C. All Equipment and Materials furnished by Contractor for the Work shall carry a written guarantee from the manufacturer or Supplier of such items when called for in 00700 General Conditions 00700-37 399884 SECTION 00700 — GENERAL CONDITIONS: the Specifications. Written guarantees shall be submitted to Engineer with other Submittals. Engineer will transmit such guarantees to Owner for review. 13.02 ACCESS TO THE WORK: A. Engineer and Engineer's representatives, other representatives of Owner, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide proper and safe conditions for such access. 13.03 TESTS AND INSPECTIONS: A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel. B. 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: 1. for inspections, tests, or approvals covered by Paragraphs 13.03C and 13.03D below; 2. that costs incurred in connections with tests or inspections conducted pursuant to Paragraph 13.05B shall be paid as provided in said Paragraph 13.05B; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection, testing, or approval. D. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a Supplier of Materials or Equipment proposed to be incorporated in the Work, or of Materials or Equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. E. 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 Contractor (or by Engineer if so specified). F. If any Work (including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. G. Neither observations by Engineer nor inspections, tests, or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 13.04 DEFECTIVE WORK: A. The term "defective" is used in these documents to describe Work that is unsatisfactory, faulty, not in conformance with the requirements of the Contract 00700 General Conditions 00700-38 399884 SECTION 00700 - GENERAL CONDITIONS: Documents, or not meeting the requirements of any inspection, test, approval, or acceptance required by Law or the Contract Documents. B. Any defective Work may be disapproved or rejected by Engineer at any time before final acceptance even though it may have been overlooked and included in a previous Application for Payment. C. Prompt notice will be given by Engineer to Contractor of defects as they become evident. 13.05 UNCOVERING WORK: A. If any Work is covered contrary to the written request of Engineer, it shall, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, 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 bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals); 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 11. 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 both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided in Articles 11 and 12. 13.06 OWNER MAY STOP THE WORK: A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, 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 shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK: A. 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 non -defective Work. Contractor shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby. 00700 General Conditions 00700-39 399884 SECTION 00700 -- GENERAL CONDITIONS: 13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD: A. If within two years after the Date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the Site and replace it with non -defective Work. If Contractor does not promptly comply with the terms of such instructions, or in ad 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 direct, indirect, and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals) will be paid by Contractor. In special circumstances where a particular item of Equipment is placed in continuous service before Substantial 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. 13.09 ACCEPTANCE OF DEFECTIVE WORK: A. If, instead of requiring correction or removal and replacement of defective Work, Owner and, prior to Engineer's recommendation of final payment, also Engineer prefers to accept it, Owner may do so. Contractor shall bear all direct, indirect, and consequential costs attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys, and other professionals). 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 recommendation, an appropriate amount will be paid by Contractor to Owner. 13.10 OWNER MAY CORRECT DEFECTIVE WORK: A. If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.07, or if Contractor 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 proceed expeditiously. B. To the extent necessary to complete 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, construction equipment, and machinery at the Site and incorporate in the Work all Equipment and Materials stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. 00700 General Conditions 00700-40 399884 SECTION 00700 - GENERAL CONDITIONS: C. Contractor shall allow Owner, Owner's representatives, agents, and employees such access to the Site as may be necessary to enable Owner to exercise the rights and remedies under this Paragraph. D. All direct, indirect, and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor in an amount approved as to reasonableness by Engineer,, 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 direct, indirect, and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. E. Contractor shall not be allowed an extension of the Contract Times because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 SCHEDULE OF VALUES: A. The schedule of values established will serve as the basis for progress payments and 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 completed. 14.02 APPLICATION FOR PROGRESS PAYMENT: A. Not later than the 15' day of each month, or on the next business day thereafter, (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. B. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. C. If payment is requested on the basis of Equipment and Materials 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 Equipment and Materials free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the Equipment and Materials are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. D. The amount of retainage with respect to progress payments will be as stipulated in Paragraph 14.04G. 00700 General Conditions 00700 —41 399884 SECTION 00700 - GENERAL CONDITIONS: 14.03 CONTRACTOR'S WARRANTY OF TITLE: A. 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. 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: A. Engineer will, within seven days after receipt of each Application For Payment, either indicate in writing a recommendation of payment and present the Application to Owner (subject to the provisions of the last sentence of Paragraph 14.04D), or return the Application to Contractor indicating in writing Engineer's reasons for refusing to reconunend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. After the required internal reviews and processing by the Owner, the Owner will diligently proceed to make payment to the Contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the Owner cannot guarantee the 30 days maximum time. B. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's on -Site observations of the Work in progress as experienced and qualified design professionals and on Engineer's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of Engineer's knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation 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 9.08, and to any other qualifications stated in the recommendation); and that Contractor is entitled to payment of the amount recommended. However, by recommending any such payment, Engineer will not thereby be deemed to have represented that 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 that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or Owner to withhold payment to Contractor. C. Engineer's recommendation of final payment will constitute an additional representation by Engineer to Owner that the conditions precedent to Contractor's being entitled to final payment as set forth in Paragraph 14.09 have been fulfilled. D. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make such representations to Owner. Engineer may also refuse to recommend any such payment, or, because of subsequently discovered 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: 1. The Work is defective, or completed Work has been damaged requiring correction or replacement. 2. Written claims have been made against Owner or Liens have been filed in connection with the Work. 00700 General Conditions 00700-42 399884 SECTION 00700 — GENERAL CONDITIONS: 3. The Contract Price has been reduced by Written Amendment or Change Order 4. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.10, 5. Of Engineer's actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02B. 6. Of Contractor's unsatisfactory prosecution of the Work in accordance with the Contract Documents. 7. Contractor's failure to make payment to Subcontractors, or for labor, Materials, or Equipment, or 8. Engineer shall not certify payments requesting more than eighty (80) percent of the Contract amount until such time as all operation, maintenance, repair, and replacement manuals, and product data has been furnished by the Contractor to the Owner. E. Owner may refuse to make payment of the full amount recommended by Engineer because claims have been made against Owner on account of Contractor's performance of furnishing of the Work, or Liens have been filed in connection with the Work, or there are other items entitling Owner to a set-off against the amount recommended, but Owner must give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action. F. When all grounds for withholding payment are removed, payment will be made in the amounts withheld because of them. G. Progress payments will be in the amount of 90% of the amount of the Work completed and 100% of Equipment and Materials suitably stored and documented as indicated on the Application for Payment less the sum of all previous payments. When the amount retained by Owner becomes equal to 5% of the Contract Price, the remaining progress payments will be made in full, provided Contractor's performance is satisfactory in the opinions of Engineer and Owner. 14.05 SUBSTANTIAL COMPLETION: A. When Contractor considers the entire Work ready for its intended use, Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Within a reasonable time thereafter, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion which will 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. C. 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, Engineer considers the Work 00700 General Conditions 00700-43 399884 SECTION 00700 — GENERAL CONDITIONS: substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate of Substantial 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. D. 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 pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance, and warranties. E. Unless Owner and Contractor agree otherwise in writing and so inform Engineer 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. F. Owner shall have the right to exclude Contractor 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. 14.06 PARTIAL UTILIZATION: A. Use by Owner of any finished part of the Work, which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and useable part of the Work that can be used by Owner without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. Owner at any time may request Contractor in writing to permit Owner to use any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a certificate 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, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.05 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. 2. Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to Engineer and within a reasonable time thereafter, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected 00700 General Conditions 00700-44 399884 SECTION 00700 - GENERAL CONDITIONS: thereon before final payment. If Contractor does not object in writing to Owner and Engineer that such part of the Work is not ready for separate operation by Owner, Engineer will finalize the list of items to be completed or corrected and will deliver such list to Owner and Contractor together with a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties, and guarantees for that part of the Work, which will become binding upon Owner and Contractor at the time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of such part of the Work, Owner shall allow Contractor reasonable access to complete or correct items on said list and to complete other related Work. 3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Paragraph 5.02I in respect of property insurance. 14.07 FINAL INSPECTION: A. Upon written notice from Contractor that the Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner, Engineer, and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 14.08 FINAL APPLICATION FOR PAYMENT: A. After Contractor has completed all such corrections to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents, and other documents - all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Paragraph 14.11), Contractor may make application for final payment following the procedure for progress payments. B. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with 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 thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, Material, and Equipment for which a Lien could be filed, and that all payrolls, Equipment and Material 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; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 14.09 FINAL PAYMENT AND ACCEPTANCE: A. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation -- all as required by the Contract Documents, Engineer 00700 General Conditions 00700-45 399884 SECTION 00700 - GENERAL CONDITIONS: is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within fourteen days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon, Engineer will give written notice to Owner and Contractor that the Work is acceptable (subject to the provisions of Paragraph 14.11). Otherwise, Engineer will return the Application to Contractor, 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 presentation to Owner of the Application and accompanying documentation, in appropriate form and substance, and with Engineer's recommendation and notice of acceptability, the amount recommended by Engineer will become due and will be paid by Owner to Contractor. B. If, through no fault of Contractor, final completion 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 Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. The written consent 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 Application 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. C. The Final Pay Estimate will include all sums remaining to be paid. 14.10 CONTRACTOR'S CONTINUING OBLIGATION: A. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor any review and approval of a Submittal, nor the issuance of a notice of acceptability by Engineer pursuant to Paragraph 14.09, nor any correction of defective Work by Owner will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents (except as provided in Paragraph 14.11). 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: A. A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Paragraph 14.07, or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by Owner of any rights in respect of Contractor's continuing obligations under the Contract Documents; and B. A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 14.12 INTEREST: NOT APPLICABLE. 00700 General Conditions 00700-46 399884 SECTION 00700 - GENERAL CONDITIONS: ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER MAY SUSPEND WORK: A. Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 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 increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to any suspension if Contractor makes an approved claim therefor as provided in Articles 11 and 12. 15.02 OWNER MAY TERMINATE: A. Upon the occurrence of any one or more of the following events: 1. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state Law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state Law in effect at the time relating to bankruptcy or insolvency; 3. If Contractor makes a general assignment for the benefit of creditors; 4. If a trustee, receiver, custodian, or agent of Contractor is appointed under applicable Law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. If Contractor admits in writing an inability to pay its debts generally as they become due; 6. If Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable Equipment or Materials or failure to adhere to the progress schedule established under Paragraph 2.07 as revised from time to time); 7. If Contractor disregards Laws or Regulations of any public body having jurisdiction; 8. If Contractor disregards the authority of Engineer; or 9. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents; B. Owner may, after giving Contractor (and the surety, if there be one) ten days' written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the Site and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all Equipment and Materials 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, 00700 General Conditions 00700-47 399884 SECTION 00700 - GENERAL CONDITIONS: Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect, and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs), such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner will be approved as to reasonableness by Engineer and incorporated in a Change Order, but when exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. C. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due to Contractor by Owner will not release Contractor from liability. D. Upon ten days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals, and court and arbitration costs). 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: A. If, through no act or fault of Contractor, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon ten days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon ten days' written notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this Paragraph shall not relieve Contractor of the obligations under Paragraph 6.15 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. ARTICLE 16 - RESOLUTION OF DISPUTES 16.01 RESOLUTION OF CLAIMS AND DISPUTES A. Contractor's claims against Owner will be reviewed by Engineer, who shall take one or more of the following actions within ten (10) days after receipt of a claim: 1. Request additional supporting data from the claimant; 2. Submit a schedule to Contractor indicating reasonable time within which Engineer expects to take action; 3. Reject the Claim in whole or in part, stating reasons for rejection; 4. Recommend approval of the claim; or 5. Suggest a compromise. 00700 General Conditions 00700 —48 399884 SECTION 00700 - GENERAL CONDITIONS: B. Owner's claims against Contractor will be reviewed by Contractor who shall take one or more of the following actions within ten (10) days after receipt of the Claim: 1. Request additional supporting data from Engineer; 2. Submit a schedule to the Engineer indicating a reasonable time within which Contractor expects to take action; 3. Deny the claim in whole or in part, stating reasons for denial; 4. Recommend approval of the claim; or 5. Suggest a compromise. C. If a claim has been resolved, the Owner will prepare or obtain appropriate documentation. D. If a claim has been denied or if no action has been taken in the manner provided in Paragraphs 16.01 A or 16.01 B, then the claimant, within ten (10) days thereafter, may notify the Owner, the other party, and Contractor's surety that Engineer and Contractor have been unable to resolve the claim. In that event, the Owner, pursuant to Paragraph 16.01E shall review the claim and make a decision on the claim. E. If a claim is presented to the Owner, then the Owner shall review the claim and make a decision within fourteen (14) days. F. Disputes that cannot be settled through negotiation or the procedures in Paragraphs 16.01 A through 16.01E above, shall be settled as mutually agreed or in a court of competent jurisdiction within the State of Arkansas. G. Arbitration shall not be used in the settlement of disputes. ARTICLE 17 - MISCELLANEOUS 17.01 GIVING NOTICE: A. 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. 17.02 COMPUTATION OF TIME: A. 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. If the 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. B. A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day. 17.03 CLAIMS CUMULATIVE REMEDIES: A. 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 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 00700 General Conditions 00700-49 399884 SECTION 00700 — GENERAL CONDITIONS: B. 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 Contractor by Paragraphs 6.16A, 13.01, 13.08, 13.10, 14.03, and 15.02A 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. All representations, warranties, and guarantees made in the Contract Documents will survive fmal payment and termination or completion of the Agreement. 17.04 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contactor shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. END OF SECTION 00700 00700 General Conditions 00700-50 399884 SECTION 00800 SUPPLEMENTARY CONDITIONS LIST OF SUBJECTS SC -1.01 Defined Terms SC -2.01.B Evidence oflnsurance: SC -2.02 Copies of Documents SC -2.05.A Preliminary Schedules.- SC -4.02 Subsurface and Physical Conditions SC -4.04 Underground Facilities SC -5.01 Performance, Payment, and Other Bonds SC -5.02 Licensed Sureties and Insurers SC -5.03 Certificates of Insurance SC -5.04 CONTRACTOR'S Liability Insurance SC -5.04.B. I Identification of Additional Insureds SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 OWNER'S Liability Insurance SC -5.06 Property Insurance SC -5.08 Receipt and Application of Insurance Proceeds SC -6.04 Progress Schedules SC -6.08 Permits SC -6.09 Laws and Regulations SC -6,19 CONTRACTOR's General Warranty and Guarantee SC -7.01 Related Work at the Site SC -7.04 Separate Contractor Claim SC -8.06 Insurance SC -9.03 Project Representative SC -10.06 Authority for Changes in the Work SC -11.03 Unit Price Work SC -12.03 Delays Beyond CONTRACTOR -s Control SC -14.02 Progress Payments SC -14.02.B Review ofApplications SC -14.02.C Payment Becomes Due SC -14.04 Substantial Completion SC -14.05 Partial Utilization These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. C-700, 2002 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. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "SC". SC -1.01 Defined Terms The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC No. C-700, 2002 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: 00800 Supplementary Conditions 00800-1 399884 .1.01.29. "OWNER. shall mean the City Of Fayetteville, Arkansas, acting through its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701.. Add the following definitions to paragraph 1.01 of the General Conditions: "1.01.53. "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by Bonds, and whose signatures are attached to such Bonds. 1.01.54. "Advertisement" shall mean the legal publications pertaining to the work of this contract. 1.01.55. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as 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 General Requirements, or for the showing of details which are not shown thereon. 1.01.56. "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." SC -2.01.B. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC -2.02 Copies of Documents Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: "A. ENGINEER shall furnish to CONTRACTOR three (3) bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the Agreement and submit all copies to the OWNER for execution. The date of contract on the Agreement, Bond forms, and power of attorney shall be left blank for filling in by OWNER. These documents will be dated the day the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction." SC -2.05.A. Preliminary Schedules. Add the following to the end of paragraph 2.05.A.3 of the General Conditions: "The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the Schedule of Values. Additional subdivision of unit price or lump sum items shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." SC -4.02 Subsurface and Physical Conditions Some subsurface investigation has been conducted within the project site area, and ENGINEER has used some of the technical data related to subsurface and physical conditions in the preparation of Drawings and Specifications. 00800 Supplementary Conditions 00800-2 399884 SC -4.04 Underground Facilities Add new paragraphs 4.04.B.3 and 4.04.B.4, immediately following paragraph 4.04.B.2 of the General Conditions which shall read as follows: "3. Paragraphs 4.04.B.1 and 4.04.B.2 do not apply to Underground Facilities that are being relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. CONTRACTOR shall advise ENGINEER of Underground Facilities that have been relocated, but may not make a claim for changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and ENGINEER will determine if a change in the Work is required. If the change in the Work results in a change in the quantity of Unit Price Work, CONTRACTOR will be paid for the actual Unit Price Work installed. 4. CONTRACTOR is responsible for locating all utilities, whether public or private, prior to excavating. CONTRACTOR shall notify Arkansas One -Call prior to beginning any construction and shall have all utilities field located. CONTRACTOR should be aware that Arkansas One -Call did not locate all underground facilities, as requested, during the design phase of this project." SC -5.01 Performance, Payment and Other Bonds Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new paragraph in its place: "C. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable Bond or Bonds in such form and sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such Bonds shall be paid by CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the OWNER." Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which read as follows: "D. Resident Agent: CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local 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. The mere countersigning of the Bonds by a resident agent shall not be sufficient. E. CONTRACTOR shall include provisions in bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code Annotated .22-9-308(d). F. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections within ten (10) days after the receipt of a Notice of Selection. For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount 00800 Supplementary Conditions 00800-3 399884 may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. The expense of all Bonds shall be borne by CONTRACTOR." SC -5.02 Licensed Sureties and Insurers Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions which read as follows: "B. CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local 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. The mere countersigning of the Bonds by a resident agent shall not be sufficient. C. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas." SC -5.03 Certificates of Insurance Delete section 5.03.B ("OWNER shall deliver to Contractor...") in its entirety. SC -5.04 CONTRACTOR's Liability Insurance The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.04.A. 1 of the General Conditions: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability Insurance, under paragraphs 5.04.A.2 through 5.04.A.5 of the General Conditions: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: (1) Bodily Injury: $1,000,000.00 Each person $2,000,000.00 Each occurrence 00800 Supplementary Conditions 00800-4 399884 Property Damage: $500,000.00 Each occurrence or (2) a combined single limit of $2,000,000.00. SC -5.04.B.1. Identification of Additional Insureds Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall include: the City of Fayetteville, Arkansas (OWNER and ENGINEER). SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC -5.05 OWNER's Liability Insurance Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place: "5.05 OWNER's and ENGINEER's Contingent Protective Liability Insurance A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgments of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the name of 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 that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect OWNER and ENGINEER from contingent liability under this contract. SC -5.06 Property Insurance Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: "A. CONTRACTOR shall purchase and maintain, until final payment, property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in the 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 interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insured 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 the 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 (including but not limited to the fees and charges of engineers, architects, 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 polices of insurance required to be purchased and 00800 Supplementary Conditions 00800- 5 399884 maintained by the CONTRACTOR in accordance with this paragraph 5.06 will 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 the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.07.B." Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. CONTRACTOR shall protect 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 CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed." Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: "C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." Delete paragraph 5.06.E of the General Conditions in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds Delete paragraph 5.08 of the General Conditions in its entirety. SC -6.04 Progress Schedules Add a new paragraph 6.04.A.3 immediately following paragraph 6.04.A.2 of the General Conditions which shall read as follows: "3. An updated schedule, in the format specified in the Specifications, shall be required with each submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR." SC -6.08 Permits Add a new paragraph 6.08.B immediately after paragraph 6.08.A of the General Conditions which shall read as follows: "B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Environmental Quality (ADEQ). CONTRACTOR shall request the necessary forms and instructions by writing to the following address: 00800 Supplementary Conditions 00800-6 399884 Arkansas Department of Environmental Quality NPDES Branch, Water Division 8001 National Drive P.O. Box 8913 Little Rock, Arkansas 72219-8913 Phone 501-682-0628 Add a new paragraph 6.08.C immediately after paragraph 6.08.B (above) of the General Conditions which shall read as follows: Permits issued from the City (Owner) will have the fees waived; however, the actual permit itself is still required. SC -6.09 Laws and Regulations Add a new paragraph 6.09.D immediately after paragraph 6.09.C of the General Conditions which shall read as follows: "D. If applicable, all wages paid shall be in accordance with the Arkansas Prevailing Wage Law, Arkansas Code Annotated ..22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder for the construction of public works projects, where the cost of all labor and material exceeds seventy-five thousand dollars ($75,000). Wages shall not be less than those established by the Arkansas Department of Labor Prevailing Wage Determination." SC -6.19 CONTRACTOR's General Warranty and Guarantee Add a new paragraph 6.19.D immediately after paragraph 6.19.C of the General Conditions which shall read as follows: "D. For a period of two (2) years, or longer if specified by special guarantees or by law, the CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any damage to other works or property resulting from such defects. The CONTRACTOR shall submit a Maintenance Bond in the amount of 100% of the total project construction cost to the ENGINEER to cover the above specified two year warranty period. The CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the beginning of the two (2) year warranty period will be as decided by the ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B, Review of Application and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof." SC -7.01 Related Work at the Site Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place: "A. The Work is part of a Capital Improvements Program. As a result of the City's proposed improvements, additional right-of-way and/or easements may or may not be obtained by the City. Some utilities in the area may have to undertake various relocation and demolition in the Project area. Known utilities being required to relocate are water and some sewer. The known scope of each of these is indicated in the Summary of O0800 Supplementary Conditions 00800-7 399884 Work. However, OWNER and ENGINEER do not have all information concerning the proposed relocations of other utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation has been identified as to type and owner. It is likely that conditions at the site could vary according to work done by other utility owners prior to the start of the Work under these Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of this Project, other than the right for additional quantities of Unit Price Work, if applicable." Delete the first sentence of paragraph 7.01.0 of the General Conditions and insert the following sentence in its place: "B. CONTRACTOR shall afford each utility owner and 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." Delete the last sentence of paragraph 7.01.E of the General Conditions in its entirety. SC -7.04 Separate Contractor Claim Add a new paragraph 7.04 immediately after paragraph 7.03 of the General Conditions which shall read as follows: "7.04 Separate Contractor, Claim A. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) 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 (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or 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 and charges 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 (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) 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 them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of 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 (or separate party) 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 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities." SC -8.06 Insurance Delete paragraph 8.06 of the General Conditions in its entirety. 00800 Supplementary Conditions 00800-8 399884 SC -9.03 Project Representative Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.09 of the General Conditions. SC -10.06 Authority for Changes in the Work Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read: "10.06 Authority for Changes in the Work A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." SC -11.03 Unit Price Work Paragraph 11.03.D of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "D. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or 4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price; then 5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays Beyond CONTRACTOR's Control Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: 00800 Supplementary Conditions 00800-9 399884 "Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1) isolated inclement weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If Contractor believes either condition applies, a request shall be made to Engineer or Owner for a site meeting and a joint determination of the site conditions and approval of the delay. Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature of Owner and Contractor." SC -14.02 Progress Payments Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "A. Applications for Payments 1 Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month, or 2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of CONTRACTOR and ENGINEER at the pre -construction conference. 3. ENGINEER, based upon data gathered during the construction process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. CONTRACTOR shall furnish to ENGINEER such detailed information including invoices from material suppliers as ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as indicated in the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note that the failure of CONTRACTOR to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. 4. If payment is requested on the basis of materials and equipment 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. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement." SC -14.02.B. Review ofApplications Insert the following new paragraphs 14.02.B.5.c and 14.02.B.5.d to paragraph 14.02.B.5 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR'S request for progress payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and 14.02.B.5.f: "c. liability for liquidated damages has been incurred by CONTRACTOR; d. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12;. SC -14.02.C. Payment Becomes Due 00800 Supplementary Conditions 00800-10 .399884 Delete paragraph 14.02.C. I of the General Conditions and replace with the following: 1. After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to CONTRACTOR, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but OWNER cannot guarantee the 30 days maximum time." SC -14.05 Substantial Completion CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and, in ENGINEER's judgment, these are accurate and complete and will be ready for delivery to OWNER prior to Final Payment being made. SC -14.06 Partial Utilization Insert the following new paragraphs 14.06.A.4 and 14.06.A.5 in the General Conditions: 4. Any portions of the work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by ENGINEER for partial utilization if no further connections must be made to it, and no further interruptions in service due to other parts of the Work can reasonably be anticipated. 5. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected before final payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work." End of SECTION 00800 00800 Supplementary Conditions 00800— 11 399884 SECTION 00830 - PREVAILING WAGE DETERMINATION Bid # 15-27, Construction Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements State of Arkansas Wage Determination follows: 00830 Prevailing Wage Determination 00830 -1 399884 ASA HUTCHINSON GOVERNOR` 1O421 WEST MAR Phone: 5O1-682-4536 Jeff Hickle CH2M Hill 1400 N Fox Hunter Rd Fayetteville, AR 72701 Dear Mr. Hickle: STATE OF ARKANSAS LEON JONES, JR DIRECTOR ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DMSION KHAM • LITTLE ROCK, AR 722O5 -219O Fax: 501-682-4508 IRS: 8OO285-1131 February 27, 2015 Re: EFFLUENT PUMP SUBSTATION ELECTRICAL BUS DUCT REPLACEMENTS FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 14-409 establishing the minimum wage rates to be paid on the above -referenced project, provided the cost of all labor and material exceeds $75,000. Should the project cost not reach that amount, there is no obligation to use this wage determination. 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. office. When you issue the Notice to Proceed for this project, please send a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. Sincerely, 41 1Y1�3��C] Lorna K. Smith Prevailing Wage Division Enclosures Arkansas Department of Labor Prevailing Wage Determination Date: 2/27/2015 Determination #: 14-409 Expires: 8/27/2015 Project: Effluent Pump Substation Electrical Bus Duct Replacements Site: City: Fayetteville, Arkansas Project County: Washington Survey#: 714-AR05R COUNTY(S) Group Washington 5 CLASSIFICATION Basic Hourly Rate Fringe Benefits Asbestos Worker/Insulator $15.00 $2.85 Bricklayer/Pointer, Cleaner, Caulker, Stone Mason $20.50 Carpenter $16.40 Concrete Finisher/Cement Mason $14.85 $3.00 Elevator Mechanic $24.30 $12.18 Glazier $14.30 $2.00 HVACR Mechanic (Excludes Duct Work) $15.00 Ironworker (Including Reinforcing Work) $12.85 $0.38 Laborer $12.30 Marble/Tile/Terrazzo $12.69 Metal Building Erector $15.50 Millwright $10.85 $1.65 Painter/Sheet Rock Finisher $14.25 Plasterer $13-00 Plumber/Pipefitter $22.20 Roofer $13.30 Sheet Metal (Includes Duct Work) $16.65 $1.25 Sprinkler Fitter $21.05 $6.35 Waterproofer $16.30 $1.29 Group 1- Operator $15.10 $3.40 Group 2 - Operator $18.20 Group 3 - Operator $16.65 $1.65 Group 4 - Operator $12.55 $1.65 Laborer (Brick/Stone Tender) $12.30 Low Voltage/Alarm Installer $15.85 Truck Driver (Excludes Dump Truck) $12.30 Electrician $20.40 $4.80 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 8/25/2014 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. 2/27/2015 8:42 AM Page 1 of 1 Groun_I Operators engaged in operating the following equipment: Cranes, draglines, shovels and piledrivers with a lifting capacity of 50 tons or over, and operators of all tower climbing.cranes and derricks required to work 25 feet or over from the ground, blacksmith and mechanics. Group XI Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers, backhoes, and all derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, all backhoes, tractor or truck type, all overhead & traveling cranes, or tractors with swinging boom attachments, gradealls all above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size, trackhoes, excavators. Group III Heavy Equipment Operators. Operators engaged in operating the following equipment: all bulldozers, all front end loaders, all sidebooms, skytracks, forklifts, all push tractors, all pull scrapers, all motor graders, all trenching machines, regardless of size or motive power, all backfillers, all central mixing plants, 10S and larger, finishing machines, all boiler fireman high or low pressure, all asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, all rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator, asphalt paving machines. HIV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, rollers of all types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workmen from floor to floor and handling building material, Lad-A-Vator Conveyor, batch plant, and mortar or concrete mixers, below 105, end dump euclid, pumperete spray machine and pressure grout machine, air compressors, regardless of size. All light equipment, welding machines, light plants, pumps, all well point system dewatering and portable pumps, space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. STATEMENT OF INTENT TO PAY PREVAILING WAGES PROJECT: EFFLUENT PUMP SUBSTATION ELECTRICAL BUS DUCT REPLACEMENTS FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY This is to certify that we, the following listed contractors, are aware of the wage requirements of the Arkansas Prevailing Wage Law and by signature below indicate our intent to pay no less than the rates established by Arkansas Prevailing Wage Determination Number 14492 for work performed on the above noted public project. I understand that contractors who violate prevailing wage laws, i.e., incorrect classification/scope of work of workers, improper payments of prevailing wages, etc., are subject to fines and will be required to pay back wages due to workers. Business Name Address General/Prime Contractor Electrical Subcontractor Mechanical Subcontractor Plumbing Subcontractor Roofing/ Sheet Metal Subcontractor Signature and Title Phone# of Business Official THE GENERAL/PRIME CONTRACTOR IS RESPONSIBLE FOR GETTING THIS FORM FILLED OUT AND RETURNING IT TO THE ARKANSAS DEPARTMENT OF LABOR WITHIN 30 DAYS OF THE NOTICE TO PROCEED FOR THIS PROJECT. RETURN COMPLETED FORM TO THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION, 10421 W. MARKHAM, LITTLE ROCK, ARKANSAS, 72205. 29 CFR PART 1926 SUBPART P - EXCAVATION Bid # 15-27, Construction Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements 29 CFR Part 1926 Subpart P Follows 29 CFR Part 1926 Subpart P Excavation - 1 399884 § 1926.606 If it is necessary to stand at the out- board or inboard edge of the deckload where less than 24 inches of bulwark, rail, coaming, or other protection ex- ists, all employees shall be provided with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equipment. (1) Provisions for rendering first aid and medical assistance shall be in ac- cordance with subpart D of this part. (2) The employer shall ensure that there is in the vicinity of each barge in use at least one U.B. Coast Guard -ap- proved 30 -inch lifering with not less than 90 feet of line attached, and at least one portable or permanent ladder which will reach the top of the apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that he is working the barge. (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard -ap- proved work vests or buoyant vests. (e) Commercial diving operations. Com- mercial diving operations shall be sub- ject to subpart T of part 1910, §§ 1910.401-1910.441, of this chapter. [39 FR 22801, June 24, 1974, as amended at 42 FR 37674. July 22, 1977] § 1926.606 Definitions applicable to this subpart. (a) Apron —Tile area along the water- front edge of the pier or wharf. (b) Bulwarl—The side of a ship above the upper deck. (e) Coaming--The raised frame, as around a hatchway in the deck, to keep out water. (d) Jacob's ladder —A marine ladder of rope or chain with wooden or metal rungs. (e) Rail, for the purpose of § 1926.605, means a light structure serving as a guard at the outer edge of a ship's deck. Subpart P —Excavations Atrrxoxrry: Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 9. Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 29 CFR Ch. XV1I (7-1-07 Edition) 25058), or 9-83 (48 FR 36736), as applicable, and 29 CFR part 1911. Sovxcs: 64 FR 46959, Oct. 31. 1989. unless otherwise noted. # 1926.650 Scope, application, and defi- nitions applicable to this subpart. (a) Scope and appl₹cation. This sub- part applies to all open excavations made in the earth's surface. Exca- vations are defined to include trenches. (b) Def₹nit₹ons applicable to this sub- part. Accepted engineering practices means those requirements which are compat- ible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shor₹ng means a pre-engineered shoring system com- prised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces be- tween levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by failing or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person means one who is capable of identifying existing and pre- dictable hazards in the surroundings, or working conditions which are unsan- itary, hazardous, or dangerous to em- ployees, and who has authorization to take prompt corrective measures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. 366 Occupational Safety and Health Admin., Labor Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth re- moval. Faces or sides means the vertical or inclined earth surfaces formed as a re - snit of excavation work. Failure means the breakage, displace- ment, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental release or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support systems, sloping and benching systems, shield systems, and other systems that provide the nec- essary protection. Ramp means an inclined walking or working surface that is used to gain ac- cess to one point from another, and is constructed from earth or from struc- tural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a profes- sional engineer in the state where the work is to be performed, However, a professional engineer, registered in any state is deemed to be a "registered pro- fessional engineer" within the meaning of this standard when approving de- signs for "manufactured protective systems" or "tabulated data" to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a struc- ture that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be ei- ther premanufactured or job -built in § 1926.650 accordance with §1926.652 (c)(3) or (c)(4). Shields used in trenches are usu- ally referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an exca- vation and which is designed to prevent cave-ins. S₹des. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins, The angle of incline required to prevent a cave-in varies with dif- ferences in such factors as the soil type, environmental conditions of ex- posure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain in- tact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex- cavation is secured against caving -in or movement by rock bolts or by an- other protective system that has been designed by a registered professional engineer. Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shor- ing, which provides support to an adja- cent structure, underground installa- tion, or the sides of an excavation. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or con- structed in an excavation so as to re- duce the dimension measured from the forms or structure to the side of the ex- cavation to 15 feet (4.6 m) or less 367 § 1926.651 (measured at the bottom of the exca- vation), the excavation 1$ also consid- ered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually po- sitioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. 1926.661 Specific excavation require. meats. (a) Surface encumbrances, All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility installa- tions, such as sewer, telephone, fuel, electric, water lines, or any other un- derground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to estab- lish the location of the utility under- ground installations prior to the start of actual excavation. When utility companies -or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility in- stallations are used. (3) When excavation operations ap- proach the estimated location of under- ground installations, the exact loca- tion of the installations shall be deter- mined by safe and acceptable means. 29 CFR Ch. XVII (7-1-07 Edillon) (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as nec- essary to safeguard employees. (c) Access and egress —(1) Structural ramps. (I) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members con- nected together to prevent displace- ment. (iii) Structural members used for ramps and runways shall be of uniform thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at- tached in a manner to prevent tripping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Em- ployees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility mate- rial. (e) Exposure to failing loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling mate- rials. Operators may remain in the cabs of vehicles being loaded or un- loaded when the vehicles are equipped, in accordance with §1926.601(b)(6), to provide adequate protection for the op- erator during loading and unloading operations. 368 Occupational Safety and Health Admin., Labor (f) Warning system far mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to ap- proach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the exca- vation, a warning system shall be uti- lized such as barricades, hand or me- chanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres —(1) Testing and controls. In addition to the require- ments set forth In subparts D and E of this part (29 CFR 1926.50-1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to as- sure acceptable atmospheric condi- tions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the exca- vation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory pro- tection or ventilation in accordance with subparts A and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable lev- els, testing shall be conducted as often as necessary to ensure that the atmos- phere remains safe, (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- § 1926.651 mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar. deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be sep- arate from any line used to handle ma- terials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the exca- vation. (h) Protection from hazards associated with water accumulation. (1) Employees shall not work in excavations in which there is accumulated water, or in exca- vations in which water is accumu- lating, unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation. The precautions necessary to protect employees adequately vary with. each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the ex- cavation. Excavations subject to runoff from heavy rains will require an in- spection by a competent person and compliance with paragraphs (h)(1) and (h)(2) of this section. (i) Stability of adjacent structures. (1) Where the stability of adjoining build- ings, walls, or other structures is en- dangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or re- taining wall that could be reasonably 369 § 1926.652 expected to pose a hazard to employees shall not be permitted except when: (i) A support system, such as under- pinning, is provided to ensure the safe- ty of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an - Other method of protection is provided to protect employees from the possible collapse of such structures. (j) Protection of employees from loose rock or soil. (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial; installation of protective barri- cades at intervals as necessary on the face to stop and contain falling mate- rial; or other means that provide equiv- alent protection, (2) Employees shall be protected from excavated or other materials or equip- ment that could pose a hazard by fall- ing or rolling into excavations. Protec- tion shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a com- bination of both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmospheres, or other hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout 29 CFR Ch. XVII (7-1-07 Edition) the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These in- spections are only required when em- ployee exposure can be reasonably an- ticipated. (2) Where the competent person finds evidence of a situation that could re- sult in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other haz- ardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with §1926.502(b) shall be provided where walkways are 6 feet (1.8 m) or more above lower levels. [54 FR 45959. Oct. 31, 1969, as amended by 59 FR 40730, Aug. 9, 1994] 51926.652 Requirements for protective Systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching sys- tems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configurations and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical 370 OCCupallonal Safety and Health Admin., Labor (34 degrees measured from the hori- zontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for eloping and benching systems, shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and B to this subpart. (3) Option (3) —Designs using other tab- ulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tab- ulated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe; (0) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. (ii) Designs shall be in written form and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the par- ticular project; § 1926.652 (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of the registered pro- fessional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon re- quest. (c) Design of support systems, shield systems, and other protective systems. De- signs of support systems shield sys- tems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(1); or, in the alter- native, paragraph (c)(2); or, in the al- ternative, paragraph (c)(3); or, in the alternative, paragraph (o)(4) as follows: (1) Option (1) —Designs using appen- dices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for alu- minum hydraulic shoring shall be in accordance with paragraph (o)(2) of this section, but if manufacturer's tab- ulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manufac- turer's Tabulated Data. (I) Design of sup- port systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all speci- fications, recommendations, and limi- tations issued or made by the manufac- turer. (ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manu- facturer issues specific written ap- proval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall 371 § 1926.652 be made available to the Secretary upon request. (3) Option (3) —Designs using other tab- ulated data. (1) Designs of support sys- tems. shield systems, or other protec- tive systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: (A) Identification of the parameters that affect the selection of a protective system drawn from such data; (B) Identification of the limits of use of the data; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data, which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) ---Design by a registered professional engineer. (1) Support sys- tems, shield systems, and other protec- tive systems not utilizing Option 1, Op- tion 2 or Option 3, above, shall be ap- proved by a registered professional en- gineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and (B) The identity of the registered professional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite dur- ing construction of the protective sys- tem. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request. (d) Materials and equipment. (1) Mate- rials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a man - 29 CFR Ch. XVII (7-1-07 Edition) nor that is consistent with the rec- ommendations of the manufacturer, and In a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems Is dam- aged, a competent person shall exam- ine the material or equipment and evaluate its suitability for continued use. If the competent person cannot as- sure the material or equipment is able to support the intended loads or is oth- erwise suitable for safe use, then such material or equipment shall be re- moved from service, and shall be evalu- ated and approved by a registered pro - Sessional engineer before being re- turned to service. (e) Installation and removal of sup- port —(1) General. (I) Members of sup- port systems shall be securely con- nected together to prevent sliding, fall- ing, kickouts, or other predictable fail- ure. (ii) Support systems shall be in- stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support sys- tem. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of In- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the support system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slow- ly so as to note any indication of pos- sible failure of the remaining members of the structure or possible cave-in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support sys- tems from excavations. (2) Additional requirements for support systems for trench excavations. (I) Exca- vation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and 372 Occupational Safety and Health Admin., Labor P1. 1926, Subpt. P, App. A there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely Coordinated with the excavation of trenches. (f) Sloping and benching systems.Em- ployees shall not be permitted to work on the faces of sloped or benched exca- vations at levels above other employ- ees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems —(1) General. (i) Shield systems shall not be subjected to loads exceeding those which the sys- tem was designed to withstand. (ii) Shields shall be Installed in a manner to restrict lateral or other haz- ardous movement of the shield in the event of the application of sudden lat- eral loads. (1ii) Employees shall be protected from the hazard of cave-ins when enter- ing or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Exca- vations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield Is designed to re- sist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P OF PART 1526 —SOIL CLASSIFICATION (a) Scope and appiicalfan (1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in § 1926.852(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for exca- vations is designed as a method of protection from cave-ins in accordance with appendix C to subpart P of part 1926, and when alu- minum hydraulic shoring is designed in ac- cordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data pre- pared In accordance with the requirements set forth in §1926.652(c). and the use of the data Is predicated on the use of the soil clas- sification system set forth In this appendix, (b) Definitions. The definitions and exam- ples given below are based on, in whole or in part, the following: American Society for Testing Materials (ASTM) Standards DMS-85 and D24B8; The Unified Soils Classification System, The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS -121. Cemented soil means a soil in which the par- ticles are held together by a chemical agent, such as calcium carbonate, such that a hand - size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes. and is plastic when moist. Cohe- sive soil is bard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils Include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils • exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rook types arranged In layers_ Micaceous seams or weakened planes in rock or shale are considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohe- sive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which al- lows the soil to be deformed or molded with- out cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. 373 Pt. 1926, Subpt. P, App. A Soil classification system means. for the pur- pose of this subpart, a method of catego- rizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B. and Type C, in decreasing order of stability. The cat- egories are determined based on an analysis of the properties and performance character- istics of the deposits and the environmental conditions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is under- water or is free seeping. Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 IrPa) or greater. Ex- amples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A, However, no soil is Type A if: (i) The soil is fissured; or (!I) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (Iii) The soil has been previously disturbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the exca- vation on a slope of four horizontal to one vertical (4H;1V) or greater; or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (11) Granular eohesionleas soils including: angular gravel (similar to crushed rook). silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (Iii) Previously disturbed soils except those which would otherwise be classed as Type C soil. (iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A, but is fissured or subject to vibration; or (v) Dry rook that is not stable; or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the ex- cavation on a slope less steep than four hori- zontal to one vertical (411:1V), but only if the material would otherwise be classified as Type B. Type C means: (f) Cohesive soil with an unconfined com- pressive strength of 0.5 tai (48 kPa) or less; or (it) Granular soils including gravel, sand, and loamy sand; or (ill) Submerged soil or soil from which water is freely seeping; or (lv) Submerged rook that is nut stable, or 29 CFR Ch. XVII (7-1-07 EdItion) (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper. Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by labora- tory testing, or estimated In the field using a pocket penetrometer, by thumb penetra- tion tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those co- hesive properties when wet. (c) Requirements— 1) Classification of soil and rock deposits. Each soil and rook deposit shall be classified by a competent person as Stable Rock. Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classification of the deposits shall be made based on the re- sults of at least one visual and at least one manual analysis. Such analyses shall be con- ducted by a competent person using tests de- scribed in paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the Amer- ica Society for Testing Materials, or the U.S. Department of Agriculture textural classi- fication system. (S) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this ap- pendix, shall be designed and conducted to provide sufficient quantitative and quali- tative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits. (4) Layered systems. in a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a de- posit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests —(1) Visual tests. Visual analysts is conducted to determine qualitative Information regarding the excavation site in general, the soil adja- cent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material. (1) Observe samples of soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained 374 Occupational Safety and Heallh Admin., Labor Pt. 1926, Subpl. P, App. B material is cohesive material. Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay In clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the exca- vation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe tho area adjacent to the exca- vation and the sides of the opened exca- vation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the exca- vation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quan- titative as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as lib -inch in diameter. Cohe- sive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (60 mm) length of ½-inch thread can be held on one end without tear- ing, the soil is cohesive, (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or line powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unffssured. (iii) Thumb penetration. The thumb penetra- tion test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommended Practice for Description of Soils (Visual — Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 taf can be readily indented by the thumb: how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This teat should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a miminum the effects of exposure to drying influences. If the exca- vation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed accordingly. (iv) Other strength tests. Estimates of unconfined compressive strength of ails can also be obtained by use of a pocket pene- trometer or by using a hand -operated shearvane, (v) Drying test. The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissared cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 em) and six inches (15.24 cm) in diameter until it Is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B). Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has sig- nificant cohesive material content. The soil can be classified as a unfissured cohesive ma- terial and the unconfined compressive strength should be determined. (C) If a sample breaks easily by band. it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the mate- rial is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. APPENDI7i B TO SUBPART P OF PART 1926 —SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in § 1926.652(b)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely 375 Pt. 1926, Subpt. P. App. B to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spelling of ma- terial from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an exca- vation and trickling or rolling down into the excavation. Maximum allowable slope means the steep- est incline of an excavation face that is ac- ceptable for the most favorable site condi- tions as protection against cave -Ins, and is expressed as the ratio of horizontal distance to vertical rise (li:V). Short term exposure means a period of time leas than or equal to 24 hours that an exca- vation is open. (c) llegufrements—(l) Soil classification. Soil and rook deposits shall be classified in ac- cordance with appendix A to subpart P of part 1926_ 29 CFR Ch. XVII (7-1-07 Edition) (2) Maximum allowable slope. The maximum allowable elope for a soil or rock deposit shall be determined from Table B-1 of this appendix. (3) Actual slope. (1) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be leas steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be out beck to an ac- tual slope which to at least ½ horizontal to one vertical ('hli:lV) less steep than the maximum allowable slope. (iii) When surcharge loads from stored ma- terial or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable elope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in ac- cordance with § 1926.651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be In accord- ance with Figure E-1. TABLE B-1 MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE MAXIMUM ALLOWABLE SLOPES(H:Y}C1] FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK TYPE A [21 TYPE 8 TYPE C VERTICAL 9010) 3/41 535} 1:1 1¼:l (451 344) NOTES: 1. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. A short-term maximum allowable slope of 112N17 (63°) is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shell be 3/411:1v (53°). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. 376 Occupational Safety and Health Admin.. Labor Pt. 1926, Subpt. P. App. B Figure B 1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Zxeaaatlons made In Type A soil. 1. All simple slope excavation 20 feet or leas in depth shall have a maximum allowable slope of SW:l. 20' SIMPLE SLOPE —GENERAL Exception: Simple elope excavations which are open 24 hours or less (short term) and which are 12 feet or lees in depth shall have a maximum allowable slope of ½:1. Y2'' Max. ji 12 SIMPLE SLOPE —SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable elope of % to 1 and maximum bench dimensions as follows: 3.14 20' Max. 877 PI. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-07 Edition) SIMPLE BENCH .Y . J 20Mai1.____[ z::l i MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower por- tions shall have a maximum vertical side of 3½ feet. A l Max. rrrr3.14,,,, 34, Max. UNSUPPORTED VERTICALLY SIDED LOWER PORTION —MAXIMUM 8 FEET rN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically aided lower portions shall have a maximum allowable slope of 11 and a maximum vertical side of 3A feet. 378 Occupational Safety and Health Admin.. Labor Pt. 1926. Subpt. P, App. B UNSUPPORTED VERTICALLY SIDED LOWER PORTION --MAXIMUM 12 FEET IN DEPTH All excavations 20 feet or less In depth which have vertically aided lower portions that are supported or shielded shall have a maximum allowable slope of tJ+:1. The support or shield eye - tern must extend at least 18 inches above the top of the vertical side. u o t o Shield:8YStem 20' Max. 3/f+ _______________ I! -Ii Total he£ght of vertical aide SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically aided lower portion excavations shall be in accordance with the other options permitted under 11926.852{b). B-1.2 Excavatfons Made in Type B Soil 1. All simple slope excavations 20 feet or less In depth shall have a maximum allowable slope of 1:1. SIMPLR SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: KIMI PI. 1926, $ubpt. P. App. B 29 CFR Ch. XVII (7-1-07 Edition) 1 \ This bench allowed in cohesive soil only. 20' Max as. SINGLE BR iOl! i This bench allowed in cohesive apil only -{— i Max. L1 .�xc L 1 ' r j MULTIPLE BENCH 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 1B Inches above the top of the vertical side. All such excavations shall have a maximum allowable elope of 11. Support or shield system 4'l 1 IJ 20' Max. f"11 1 .fig Total height of vertical side VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in 31926.652(6). B-1.3 Excavations Made in Type C Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 11h:1. 380 Occupational Safety and Health Admin., Labor Pt. 1926, Subpl. P, App. B ±0' flax. .._-'l1 SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically aided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable elope of 1½:l. Support or shield system 20' Max. 1B" Min. Total height of vertirel side VERTICAL SIDED LowER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted In §1926.652(b). B-1.4 Excavations Made in Layered Sails 1. All excavations 20 feet or less in depth made in layered sails shall have a maximum al- lowable slope for each layer as set forth below. 381 Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-07 Edition) 74 8 OVER A 314 COVER A COVERa 382 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C ---k 4 Ai I A OVER B B OVER 2. All other sloped excavations shall be In accordance with the other options permitted in 1928.652(b). APPENDIX C TO SUBPART P OF PART 1926 —TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains informa- tion that can be used timber shoring is pro- vided as a method of protection from cave- ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with §1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as slop- ing, benching, shielding, and freezing sys- tems must be designed in accordance with the requirements set forth in § 1926.852(b) and §1926.852(0). (b) Soil Ciassfflcadion. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil clas- sification method set forth in appendix A of subpart P of this part. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented In tabular form in. Tables 0-1.1, C-1.2, and C-1.3. and Ta- bles (1-2.1, C--2.2 and 0-2.3 following parer graph (g) o€ the appendix. Each table pre- sents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of 383 Pt. 1926, Subpt. P. App. C the excavation is made. The data are ar- ranged to allow the user the flexibility to se- lect from among several acceptable configu- rations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appen- dix, and on the tables themselves. (3) Information explaining the use of the tabular data is presented In paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix.' (5) Miscellaneous notations regarding Ta- bles C-1.1 through O-1.3 and Tables C-2.1 through O-2.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations .of the data —(1) Di- mensions of timber members. (I) The sizes of the timber members listed in Tables C-1.1 through G -l.3 are taken from the National Bureau of Standards (NBS) report, "Rec- ommended Technical Provisions for Con- struction Practice in Shoring and Sloping of Trenches and Excavations." in addition, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by ex- isting codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through 0-1.3 refer to actual dimensions and not nominal di- mensions of the timber. Employers wanting to use nominal size shoring are directed to Tables 0-2.1 through 0-2.3, or have this choice under §1926.652(c)(3), and are referred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (1) It is not in- tended that the timber shoring specification apply to every situation that may be experi- enced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situa- tions that are not covered by the data in this appendix must be designed as specified in §1926.852(c). (ii) When any of the following conditions are present, the members specified in the ta- bles are not considered adequate. Either an alternate timber shoring system must be de- signed or another type of protective system designed in accordance with §1926.652. (A) When loads unposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two - foot soil surcharge. The term "adjacent" as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench. 29 CFR Ch. XVII (7-1-07 Edition) (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load dis- tributed on a one -foot section of the center of the crosabrace. (C) When surcharge loads are present from equipment weighing 1n excess of 20,000 pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The eloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shor- ing system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are speci- fied for use In different types of soil. There are six tables of Information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926, using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces, Instances where a choice of horizontal spac- ing of crossbraeing is available, the hori- zontal spacing of the crossbraces must be chosen by the user before the else o€ any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spac- ing of the uprights can be read from the ap- propriate table. (f) Examples to illustrate the Use of Tables C- 1.1 through C-1.3. (1) Example1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #B1 Space 4x4 crossbraces at six feet hori- zontally and four feet vertically. Wales are not required. Space 3x8 uprights at six feet horizontally. This arrangement is commonly called "skip shoring." Arrangement #B2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. 384 Occupational Safety and Health Admin.. Labor Pt. 1926, Subpt. P, App. C Space 2x6 uprights at four feet hori- zontally. Arrangement #B3 Space 6x6 crosabraces at 10 feet hori- zontally and four feet vertically. Space 810 wales at four feet vertically. Space 2x6 uprights at five feet hori- zontally. Arrangement #B4 Space 6x6 crossbraces at 12 feet hori- zontally and four feet vertically. Space 1040 wales at four feet vertically. Spaces 3x8 uprights at six feet hori- zontally. (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #BI Space 6x6 crossbraces at six feet hori- zontally and five feet vertically. Space 8x8 wales at five feet vertically. Space 26 uprights at two feet hori- zontaIly. Arrangement #B2 Space 64 crossbraces at eight feet hori- zontally and five feet vertically. Space 1090 wales at five feet vertically. Space 2x6 uprights at two feet hori- zontally. Arrangement #B3 Space 8x8 crossbraces at 10 feet hori- zontally and five feet vertically. Space 1042 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug In Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #B1 Space 84 crossbraces at six feet hori- zontally and five feet vertically. Space 1042 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement #B2 Space 890 crosabraces at eight feet hori- zontally and five feet vertically. Space 1242 wales at five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C--1.3. Only one arrangement of mem- bers Is provided. Space 840 crosabraces at six feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through O-2.3 would fol- low the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than in- dicated are to be determined as specified in §1926.652(c), "Design of Protective Systems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to re- sist the lateral pressure of water and to pre- vent the loss of backfill material. Close Sheeting refers to the placement of planks aide -by -side allowing as little space as pos- sible between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 6. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bot- tom of the trench shall not exceed 36 inches. When mudsills are used, the vertical dis- tance shall not exceed 42 inches, Mudsills are wales that are, installed at the toe of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement of crossbraces. When the vertical spacing of crossbraces is four feet, place the top erossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crosabra.ce no more than 2.5 feet below the top of the trench. 385 TAKLE C-1.1 TIMBER TRENCH 5100 NG -- NIhIXWE TILER REQUIREyEIITS SOIL TYPE A Pa - 26 X H + 72 psf 12 ft Surcharge] OEPTh OF 005 i7- Yr F. ET VERT. VERT. 114%1X0]1 ALLOWBLE HORIZONTAL 5PUCTHG UP TO UP TO UP Ti UP TO UP TO [ SPACING SPACIH SIZE TPACI [FEET 4 L JL 1L{FEET) [INj FEET 110 10 . Not OP Hot TO 4405 4X4 416 6X6 6X8 4 'd 2X6 IIP TO 10 OP TO 12 4X6 4X6 606 606 616 4 506 4 2X6 OP TO Nor I6 6 j 4w UP TO TO AX6 AX6 6%6 6%6 X6 . 4 4 0P TO 15 2X 00 14 616 e16 6 4 6% d 608 OP TO 15 6 fiX6 606 X 6X8 606 6 8L A 1106 TO OP 70 6X5 61fi B15 6X8 6264 316 8P TO 20 OP TO k TOUT 20 SEE NOTE 1 41001 015 or 040110150 tllth a 6.ndf ng strength not less then 850 psi. " Ionmfeceure4 members Of 640/001610 Strength may by 9uastituted for wood, IABLP C-l.P -- MNPM L II]WLB eumn # 6OLL 1110 0 P . 45 X X • 72 paf (2 ft. S rehn g.) tN D5PTL 00 7h8(C8 LIaIE. 1021. 0A7m81X •1 0k••1• eonsamxu. SPALIH6 [PSL7) 6PACAYa F? TOE? TO Up 10 0010 SPACIIPC SIFE SPACI�1 CLOSL 2 3 C7EET 4 6 9 12 1$ (ltof] [III (PI81) 5 OP i6 4S6 4XB 6X6 do 6X6 5 618 5 2X6 OP 1V 7X1 6106 6x6 616 .618 IO FO 6X6 616 6x6 6x21 5 161010 5 a6 10 610 S.. Io VP TO mc6 6x6 6x6 618 61[8 5 8X0 5 216 0010 a 6xB 668 6X8 8118 8116 s 30)[16 s TO OF 1V 5 10x12 S 1706 IS See Na. 1 00 7O 1S 6 fi18 610 6X0 8X6 8X8 5 BRIO 5 3X6 VP iO 6 LSO 0X8 6X0 8XB AXla 5 10082 5 3X6 TO aP N [6 ] 8X10 8111 ]aua 5 20 see But. 1 p0 SIE 0020 I • Eio.d at no .quiv.lOnt v1Eh a 6todtNx strength net Inn, 01.111 050 psl. .r ..-_.f.ctured .-b.ra of equivalent atr.n2th ..y by nn.Eitnt.a ION vgtd. TABLE C-1.3 TIMRLl4 TRENCH S90&L91C -- HIiiiIRJ1 TIMER I!.I e SOLE TYPE C P + O X II • 72 p.E (2 ft. Sarch.ryeJ RRP[g x. OP VPRIGRT5 ie iz. vim ITI< YIaffircH T MAxieme ALLOW&Ap.p 1mRIWCTAL SPACIIIE GP pp pppp pp pp pppp i SPACING Qg7�L STMAG SIEE VPAL. SPACIR CLOSE aT) 4 1% PEST 7P SO g 6 6x5. 6X8 PEE 8[8 938 5 NElll 5 2%6 To TO 6 8108 816 BXa a68 8110 5 ]0612 5 706 GP TO IO 10 8%l0 8810 a%l0 8110 iW110' 5 I2E12 5 2X6 See Here I [IP TO 10 6 BX8 axa HxH BIB 6X20 5 101[12 5 7R6 TIP TO ro a 9%10 8%IO Nxl0 8X20 IUN10 s 22012 s 2X6 See 15 Rote 1 5eC etR 1' i0 15 6 8x10 8%EO BXIG 8X10 LOIIO 5 121012 5 SXb See TO See 20 tioie S San Pete OVER 0 BEE MOTE I • Mixed 0ak er equivalent 111th a bnW]ea exrengch not lee. then 5.50 pai. • Prieforrep Nabvrn of tq{yalenr aLrfnyth n.y be t.beelewt eyl for wood. T TAMS C-2.1 tarega %IElfc11 SESRIXC -- PDgllaf11 TINSEl asqurRslNr1l SOIL TYPE A Pa - 25 X A r 72 q1 (2 Fr. Surcharge) DEPIII$220 11421 AND 5! IAN 5PSNT * OP CROSS BRAC96 IR6KC11 . TORTE, YSRT. SNOT. MASINSI1 ALLORAILI 1RIAIZORFAL 9PACIH6 0P TO 71P SO lip S pP Tp III' TO (PEEP) 655.0250 1.01110 SIRE AC1110 CL086 5 2TIP b 8 111T ■ . SO 1 b 4x4 ig4 4x4 414 4X6 6 Rsgd 1.551 4g6 TO 8 .O 434 6x4 416 6x6 47[6 6 Reg d Raa d 4%8 71P To 10 1x6 qxd 4X5 6Xfi 6Xfi 4 505 4 4x6 lIP121O 4x6 4X6 4x5 6x6 616 4 6116 4 1.16 19 6 6X4 4x4 4x4 l�6 6x5 d xgeq�d Ie11eq�'d 4Xid ZO T 8 411. 4S5 4x6 616 6X6 4 6X9 4 616 I9 111 67:G 6X6 1.%I 6%6 1.11 4 8%8 6 1.115 3 TD • 12 4705 67[6 as fi%6 bXb 4 25.11. 4 9%fi 4XS0 TO 15 6 605 616 dX6 6%b 67[6 4 6X8 4 3%6 90 II g 5X6 6X5 SE6• 5X5 5X6 4 Y%6 4XlP 211 10 sKs 615 67F6 516 5x9fi%6 ELLtE 6X6 6X6 6X8 6X84%11 20 IRS 255216 1 * 5060121 F13 IF 4660701061 etth a 5504450 aer.maeh not Iaaa Rhan 1520 p.4. lIRulactured .0.SOTO 54 equlsaleat atTngtb may be mbmtituted Fer .Pod. O R 9 a a S I 3 5 5 b P n TAoL5 C-2.2 TIMBF8 1x5806 11603111111 — MINIMUM !IMAM. MPV015aiH U A 5OL1. 1175 6 i - 60 X R ! 72 p.f 2 ft. Surcharge) 05Plil' 8 005 y®1[ 1303/111 1103111. • IL E371 3PVd&1. 605161161 301366101.1 60331(161. $701113 (6031) (MET): 0P4TO (1761x7 81110 L1UP 161 00131011 (11i) SpACIM 2L0 1 CP�8L1. (303 01086 P 5 4 6 5 5P 610 4x6 616 4'x6 6x6 6X6 5 6x8 S 4x,12 6012 01 10 TO 8 4105 416 6%6 6%4 6x6 5 m 5 E6 d1a RP TO 10 10 4x6 4x6' 6X6 6x6 6x8 5 6x10 5 41111 S.. 10pr. ] 5P 10 10 6 SR6 6X6 6706 6X$ 611$ 5 885 5 3116 411✓1 UP TO TO 6%8 6x6 6110 1106 0113 5 10014 5 916 47:10 UP TO 15 SO 616 616 111$ 0116 016 5 101112 5 2116 4210 Se. 16.0. 1 UP 111 15 6 6718 6011 63 610 616 2 8(110 5 III UP TO TO 6 618 610 6110 3(10 01[0 5 I22112 S 406 1111 ro 20 ]0 Eta 0X8 6X0 5111 010 5 12182 5 4116 s.. Note 1 OV8R 10 4PE 11016 1 • 6o,6U, tic or ecuival..t otth a hendLog etr.ojtL not 1... chin 1500 p.L. Ak Rnnufncrur.d u.mb.r, of .quivele.r srre0rh m.y be iularinlr.d Pit good. Occupational Safety and Health Admin., labor Pt. 1926, Subpt. P. App. D C" a tj N rN 4 i.� Iii i�5 0 :! d C] F O� N N H � w 6! O N SC yC� yNX� N y F V C. Y1 ✓, M5 ✓1 N Y1 v O m m ' .r pp H pp F o �+ .+ H F r r H Iy-r O CP4 WWF C .-. -. .- e Cl C. `-rC. yC y9 d yy J� C. tl1Y Wy® O. yL C o VFY CI N O N 7 - M,7. ,. iCO w D. .O s .fPx.7 1sWj� W Q ID W N .�i (.. .�i EI NN APPENDIX D TO SUBPART P OF PART 192& —ALUMINUM HYDItAumc SHOR- ING FOR TRENCHES (a) Scope. This appendix contains Informa- tion that can be used when aluminum hy- draulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.lm) in depth. This ap- pendix must be used when design of the alu- minum hydraulic protective system cannot be performed in accordance with § 1926.652(c)(2). (b) Soil Classification. In order to use data presented In this appendix, the soil type or types in which the excavation is made must 391 Pt. 1926, Subpt. P, App. D first be determined using the soil classifica- tion method set forth in appendix A of sub- part P of part 1926. (c) Presentation of Information. Information is presented In several forms as follows: (1) Information Is presented in tabular form in Tables D-1.1, D}-1.2, D-1.3 and lf.-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D`1.1 and D- 1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for horizontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data Is presented in paragraph (d) of this appen- dix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented In paragraph (f) of this appendix. (6) Miscellaneous notations (footnotes) re- garding Table D-1.1 through D-1.4 are pre- sented in paragraph (g) of this appendix. (6) Figures, illustrating typical installa- tions of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled "Aluminum Hydraulic Shoring; Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Modulus re- quirements in the D-1 Tables. Aluminum material is 6061 -TB or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 - inch cylinders shall be a minimum 2 -inch in- side diameter with a minimum safe working capacity, of no less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufaturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca- pacity of not less than 30,000 pounds axial compressive load at extensions as rec- ommended by product manufacturer. (3) Limitation of application. (1) It Is not intended that the aluminum hydraulic specification apply to every situa- tion that may be experienced in the field. These data were developed to apply to the situations that are most commonly experi- enced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified In §1926.652(c). (ii) When any of the following conditions are present, the members specified in the Ta- 29 CFR Ch. XVII (7-1-07 EdItion) tiles are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with ¢.926.652. (A) When vertical loads imposed on cross braces exceed a 100 Found gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing In excess of 20.000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion Is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, Dl.3 and D- 1.4. The members of the shoring system that are to be selected using this Information are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical shores are need in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D-1.9 and D-1.4. The soil type must first be determined in ac- cordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selec- tion of the size and spacing of the members Is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center, The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydrau- 1la cylinder horizontal spacing Is the same as the vertical shore spacing. (f) Example to Illustrate the Use of the Tables: (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting. 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet 0.e. horizontally and 4 feet o.c. vertically. (See Figures .1 & 3 for typical installations.) (3) A trench is dug in Type B soil that does not require sheeting, but does experience some minor raveling of the trench face. The 392 Occupational Safety and Health Admin., Labor Pt. 1926, Subpl. P, App. D trench is 16 feet deep and 9 feet wide. From Table D -l.2: Find vertical shores and 2 Inch diameter cylinder (with special overaleeves as designated by footnote #B2) spaced 5.5 feet o.c. horizontally and 4 feet o.o. vertically, plywood (per footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Fig- ures 2 & 3 for typical installations.) (4) Example 4: A trench is dug In pre- viously disturbed Type B soil, with charac- terietics of a Type C soil, and will require sheeting. The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a sec- tion modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o,e. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type Cl soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feat o.c. horizontally. Or. find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. hori- zontally. Both wales are spaced 4 feet o.o. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Foo₹notes, and general notes, for Tables .0 T.1, D-2.2, D-1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to §1926.662(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to §1226.652(c)(2) and §1926.652(c)(3). (2) 2 Inch diameter cylinders, at this width. shall have structural steel tube (3.6x3,6x0.1875) overeleeves, or structural oversieeves of manufacturer's specification, extending the fall, collapsed length. (3) Hydraulic cylinders capacities. (1) 2 inch cylinders shall be a minimum 2 -inch In- side diameter with a safe working capacity of not leas than 18,000 pounds axial compres- sive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product man- ufacturer. (ii) 3 -inch cylinders shall be a minimum 3 - Inch Inside diameter with a safe work capac- ity of not leas than 90,000 pounds axial com- pressive load at maximum extension. Max- imum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured cen- ter to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local rav- eling (sloughing of the trench face) between shores. (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix 1), item (d), for basis and limitations of the data. 393 Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-07 Edition) ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NQ. I FIGURE NO.2 Ny0=N10 YSRfiIL KIMIAM Www'.0ml NrGNWYO GNGN/.Q _ 11�G11RYIPoaG1 NORI.ZOQTAL S.PACf N 6J ROR720RTAL y lPACIYQ ✓ APACING 4' ;N*. FIGURE NO. 3 xralwxm ilOnS N1Apl[P] YUR TYC►L l7ACI NA i* MAX,. 1141. tCAL'NAJL. RUtIC CYLIUI:R IIEIT LCAL ;NAIL N N.rcRAutic cx>_I�GER YSNTlCAL SPACING `f MAX, FIGURE.NO..4 MwMIYC11Nflllq 1NititA GYllnr ttr/�HiN .. RG■TY6NIAI. SPACIM$j CAL AAIL 2MAX. WLIC IGg4 Y[N.TT'CAL VPAC-IN0 394 w TABLED- 1.1 ALUMINOM HYDRAU IC SISURINO VERTICAL SHORES FOR SOIL TYPE A FIYDRALUUCCYLINDERS WIDTH OF TRIOi(]1 {TE ) DEPTH MAXIMUM MAXIMUM OF IKIR1ZDNTAL VERTICAL TRENCH SPACING SP/C UP TO S OVER SUP OVER 12 UP 10 12 T015 (FEET) . o D T) OVER 3 UPTO $ 10 OVER 10 g d 2 INCH 2INCH 3 INCH UP TO DIAMETER DIAMETER DIAMETER 15 NOTE (21 OVER 15 7 UPTO 20 OVER 20 NOTE (I) Pouma{es m n61ea. ad general Hama on hydnnlir shoring, ne found is Appendix D, 1em (A.) Moue (I): See ApperALX D, Ewa (g) (1) Noce (21: Sec Appendix D, Item (g) (2) 0 n w e 3 J O g TASTED -l1 ALUMINUM HYDF.ALILiCSHORIRG VERTICAL SHORES FOR SOH. TY1'R E HYDRAULIC CY +€RS WIDTh OF TRENCH (FEEl) ntwm MAXIMUM MAXIMUM OF HOREZONPAL VERTICAL TRENCH SPACNG SPACING UPTO S OVER SUP OVER 12 UP TU 12 1O 15 (FEET] (Ffy (FEET) OVER 5 UPTO $ 10 OVER 10 65 4 2 D CH 2INCH 3INCH UPTO I1MIETER )IAMETE8 DIAMETER l5 NOTT (2) OVER l5 5.5 UPTO 20 OVER 20 NOTE (1) Fbalnmea mublew, and general nua:san hydraulic shorlag, arc found in Appendix D, Item (g) M— (I): Sce Appeadiz D, hem (g7 (11 Nmc (2); Sea Appandix D, lion (g) (2) TABLE O-33 ALUMINUM HYDRAtAUC SHORING WALER SYSTEMS FOR SOIL TYPE S WALES HYDRAUlICCYl„mERs TfMMur_K*m DEPM . ►PIDTHOPTRENCH�6$ WXNORI7..SPA(.Vq IONce;T II UP TOO OVMB UP7O12 OVER 12 UP'IOLS aP'i'. 3FT, OF TRENCH DTICAI. SPAquloL1 OECThIN mmuz, MACMG AWMT6i HOWL SPACFMTAIEF LZ7Dmm Hang SPACRM3 CTLDA= SIFl D. OVER .2L 3.3 8.0 21111.v 8.4 3 W 7A 0 211 AO NOTE(2) 99 37N 5 UPTO 4 — 3clx 14.0 12.0 31N l2}1 SIN 13.0 SIN 10 OVER 3 .3 69 SIN 6J1 NO2'iE 6.a 301 7.0 6.0 31H S9 SIN 9.0 3IN 10 UPTO 4 — 3x12 14O 10.0 31N SOA 3IN 10.4 304 13 OVER3.5 " 21H 55 27H 3.3 SIN 7.0 u 3114 6.0 3IN 60 SIN 13 UPTO 4 312 14.0 9.0 3E¢ 90 SIN 9.0 SN 30 OVER 20 NOTE(1) N Foor a hydaullc ehor{ug, u f1und In A{VdidixD.Iem Ia1 NnIn (l) SxAppnnEnD.1am1!d11) 7 Map q) See Appelyda D. lxm 13O23 II • Concuh 7raduci muuduwnr and/or 4uYIEed ength for 0;ecdon Modalus of awk wales 4 TABLE D-1.4 ALUMINUM HYDRAULIC SIIOR1NG WALER SYSTEM$ p[IR SDIL TYP$ C WALES HYDRAULIC CYLUWGFFB IR7Iro:118 WIDTHOF TRENCH M, aeAx aA�O DGM 7RENp3 SPApNO IIIS UP TO S OVER I UP TO 12 12 UPTO 15 2 FT_ 3 PT, HO= 1PACM I4MI 1R OM YLE UME1T1 HORIL WPA000 ILDR (FESfl W) OVER 35 6A 6D 3IN 5 UPTD- { 7.0 45 NOrE(70. 65 31K 3x1E -- I4.0 10.0 73,1,, 31N 1011 3111 10 OVER 3.5 4.0 N IN 411 3IN 710 55 3111 5.5 : 3IN 10 UPTO 4 3x12 14R &0 3IN EA 3111 i3 OVER 35 3.5 2IN 3S 1111 35 3 R4 15 11P7n 4 711 5.0 SIN 50Ell 3011 511 3IN 3x12 --- 140 611 3111 611 60 SIN 20 OYPR 20 NOTE [17 . Fiwoic m 1161., asd $1w141 a.lS m hy.h .5v doing. sm tamd in Appendix U. ben fg) Noes p): get AppeadnD.item(g)0) Notes (2J: Sce Appendix Dm (X2) • Commitpmdoc[ "Mufa mw lnd/a0gU MIicdcn0hc r fns Sec4o,,Mudvl, Ia55, wales, n n Occupational Safety and Health Admin., Labor Pt. 1926. Subpt. P. App. E APPENDIX E TO S1JBPART P OF PART 192$ —ALTERNATIVES TO TIMBER SHORING Figure 1. Aluminum Hydraulic Shoring 18" VER1 SPAC 40 NA fRTICAL RAIL YDRAULIC CYLINDER Figure 2. Pneumatic/hydraulic Shoring of C7 I....I1 399 Pt. 1926, $ubpt. P, App. F 29 CFR Ch. XVII (7-1-07 Edition) Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields APPENDIX F To SUBPART P of PART part P for excavations 20 feet or less in 1926 —SELECTION OF PRCTPCT1vs depth. Protective systems for use In exca- SYSTEpla vations more than 20 feet in depth must be designed by a registered professional engi- The following figures are a graphic sum- neer in accordance with 11926.652 (b) and (c). mart' of the requirements contained in sub- Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. F Ia the excavation more than 5 feet in depth? Is there potential ian I yias Is the excavation for cave -ink entirely in stable rock? Excavation may be made with vertical sides. Excavation must be. eloped, shored, or shielded. Go to Figure 2 1 1 Co to FIGURE 1 - PRELIMINARY DECISIONS 401 Pt. 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-07 Edition) Sloping selected as the method of protection Will soil classification be made in accordance with 31926.652 (b)? Excavation must comply with Excavations must comply one of the following three with51926.652 (b)(i) which options: requires a elope of i H:IV (34°). Option 1: .l925.652 (b)(2) which requires Appendices A and B to be followed Option 2: ,1926.652 (b)(3) which requires other tabulated data (see definition) to be followed. FIGURE Z — SLOPING OPTIONS Option 3: .1926.652 (b)(4) which requires the excavation to be designed by a registered professional engineer. 402 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. F Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: Option I S1926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 S1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic ehoring,trench jacks, air shores, shields). Option 3 $1926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). option 4 .c1926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 403 DIVISION 1- GENERAL REQUIREMENTS SECTION 01110 — SUMMARY OF WORK PART 1- GENERAL 1.01 SUMMARY: 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: Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements 2. Location: Fayetteville, Arkansas. C. Engineer: The Contract Documents were prepared CH2M HILL 1.02 PROJECT DESCRIPTION: The Contract includes, but is not limited to, furnish and install two 2,000 AMP, 480 Volt, 3 -phase, 4 -wire totally enclosed, non -ventilated outdoor feeder busway systems including all necessary fittings, supports and accessories as specified herein, to replace the existing busway system as shown on the Contract Drawings. 1.03 WORK BY OTHERS: A. Work Under Other Contracts: None. B. Work by Owner: None. C. Other Activities: None 1.04 CONTRACTOR'S USE OF PREMISES: A. Exclusive Use: During the construction period, Contractor shall have full use of the premises for execution of the Work. Use of premises is limited only by Owner's right to perform duties and functions as stated in the GENERAL CONDITIONS and in this Section. 1.05 OWNER'S USE OF PREMISES: A. Partial Owner Occupancy: The Owner reserves the right to occupy completed areas of the contract, prior to Substantial Completion provided that such occupancy does not interfere with completion of the Work. Such partial occupancy shall not constitute acceptance of the total Work. 1.06 WORK SEQUENCE: A. General: Construction sequence shall be determined by Contractor subject to Owner's need for continuous operation of existing facilities, and subject to the requirements as indicated or specified. 01110 — Summary of Work 01110-1 399884 SECTION 01110 — SUMMARY OF WORK B. Continuous Service of Existing Facilities: Exercise caution and schedule operations to ensure that functioning of present facilities will not be disrupted. Shutdown of Owner's operating facilities to perform the Work shall be held to a minimum length of time and shall be coordinated with Owner who shall have control over the timing and schedules of such shutdowns. 1.07 PREORDERED EQUIPMENT AND MATERIALS: NONE. 1.08 MEASUREMENT AND PAYMENT: A. Unit Price Contracts: All Work indicated on the Contract Drawings and specified in the Contract Documents shall be included in the "Unit Price Schedule" in the Agreement. A Unit Price is an amount proposed by Contractor and stated in the Agreement as a price per unit of measurement for materials or services. B. Specific Items: Measurement and payment of specific items shall be as specified in each applicable Section of the TECHNICAL SPECIFICATIONS, 1.09 COPIES OF DOCUMENTS: A. Furnished Copies: After execution of Agreement, Contractor will be furnished at no cost, a maximum of three (3) 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 of Contractor and approval of Owner. 1.10 LIST OF DRAWINGS (AND SCHEDULES): A. Contract Drawings: 1. Each sheet of the Contract Drawings bears the following general title: PAUL R NOLAND WWTP EFFLUENT PUMP SUBSTATION BUS DUCT REPLACEMENTS or BUS DUCT REPLACEMENTS 2. Individual sheet numbers and titles are as stated on SHEET INDEX. B. Reference Drawings: 1. Reference Drawings included with the set of Contract Drawings are as stated on SHEET INDEX. 1.11 SCHEDULE OF OWNER -SUPPLIED EQUIPMENT AND MATERIALS: NONE. PART 2- PRODUCTS — NOT APPLICABLE. PART 3- EXECUTION — NOT APPLICABLE. END OF SECTION 01110 01110 — Summaryof Work 01110-2 399884 SECTION 01250 -CONTRACT MODIFICATION PROCEDURES PART 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. SECTION 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 SECTION 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. d. Indicate amounts for Contractor's overhead and profit. e. Include justification for any change in Contract Time. £ Include credit for deletions from Contract, similarity documented. g. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. 10250 Contract Mod Procedures 01250- 1 399884 SECTON 01250- CONTRACT MODIFICATION PROCEDURES (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 SECTION 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. I. Submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. C. Engineer will issue Change Order CONDITIONS. D. Upon execution of a Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values for signatures by Owner and Contractor as provided in DOCUMENT 00700 — GENERAL accordingly. PART 2- PRODUCTS NOT USED PART 3- EXECUTION NOT USED END OF SECTION 01250 01250 Contract Mod Procedures 01250-2 399884 SECTION 01270 - UNIT PRICES PART1- GENERAL 1.01 SUMMARY A. Section Includes: 1. Submission procedures. 2. Changes of Contract Sum. 3. Description of Unit Prices. B. Related Sections: 1. SECTION 00400- BID FORM. 2. SECTION 00500 -AGREEMENT. 3. SECTION 00700 - GENERAL CONDITIONS.. 1.02 SUBMISSION PROCEDURES A. Insert on SECTION 00400— BID FORM, Unit Prices for Work or materials listed in this Section. I. Such Unit Prices shall apply for additions and deletions. 1.03 CHANGES TO CONTRACT SUM A. Unit Prices shall constitute full compensation or credit, as the case may be, for the complete provision, fabrication, and installation of each item listed in this Section based solely on Work in place, including all necessary labor, product, tools, equipment, transportation, services and incidentals, appurtenances, and connections required to complete the Work in place, and including insurance, overhead, profit and supervision. B. The Unit Prices are listed on SECTION 00400 - BID FORM, and will apply to the net change on any given change to the scope of Work. C. Unit Prices accepted by the Owner and Contractor shall be identified in the Owner - Contractor Agreement. D. Contractor shall take measurements and compute quantities for which Unit Price items are applicable. 1. Engineer will verify measurements and quantities. a. Contractor shall assist Engineer by providing necessary equipment, workers, and survey personnel as the Engineer requires. 2. Final payment for Work governed by Unit Prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the Unit Price for Work which is incorporated in or made necessary by the Work. 3. Payment will not be made for any of the following: a. Products wasted or disposed of in a manner unacceptable to Engineer. b. Products which Engineer determines as unacceptable before or after installation. c. Product not completely unloaded from the transporting vehicle. d. Products installed beyond the lines and levels of the required Work. e. Products not installed after completion of Work. f. Loading, hauling, and disposing of rejected Products. 01270 Unit Prices 01270- 1 399884 SECTION 01270 - UNIT PRICES 1.04 DESCRIPTION OF UNIT PRICES Measurement and Payment of specific items shall be as specified in each applicable section of the TECHNICAL SPECIFICATIONS. PART 2- PART 2 -PRODUCTS NOT USED PART 3- PART 3 -EXECUTION NOT USED END OF SECTION 01270 01270 Unit Prices 01270-2 399884 SECTION 01271-- MEASUREMENT & PAYMENT PART 1- GENERAL A. This section includes delineation of measurement and payment criteria applicable to unit price work related to water and sewer, whether the unit price items are part of a unit price contract or are part of a Stipulated Price contract. B. Defect assessment and non-payment for rejected work. 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item under this section. B. The Engineer will take all measurements and compute quantities accordingly. C. Contractor shall assist by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by the Engineer shall determine payment. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. B. Measurement by Volume: Unless herein noted differently, volume shall be measured by cubic dimension using mean length, width and height or thickness with survey chain, steel tape, approved distance meter, or by use of Total Surveying Stations and Engineering Software, as approved by Engineer. C. Measurement by Area: Unless herein noted differently, area shall be measured by square dimension using mean length and width or radius, with survey chain, steel tape, approved distance meter, or by use of Total Surveying Stations and Engineering Software, as approved by Engineer. D. Linear Measurement: Unless herein noted differently, linear measurements shall be measured at the item centerline or mean chord, with survey chain, steel tape, approved distance meter, or by use of Total Surveying Stations and Engineering Software, as approved by Engineer. E. Stipulated Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work. 1.5 PAYMENT A. Payment Includes: Except as modified herein, payment shall be full 01271— Measurement and Payment 01271-1 399884 SECTION 01271 - MEASUREMENT & PAYMENT FOR WATER & SEWER compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by the Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct the following remedy: 1. The defective Work will be repaired to the instructions of the Engineer, and the unit price will be adjusted to a new price at the discretion of the Engineer. C. The authority of the Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 7. Work performed beyond the specified limits unless authorized by the Engineer. 1.8 BID ITEMS Mobilization The work required by this item will be paid for at the lump sum (LS) price bid for Mobilization shown in the Unit Price Schedule for the item listed above. The amount of this bid item shall not exceed 5% of the total bid price. This item shall consist of preparatory work and operations, including those necessary for the movement of personnel, equipment, supplies, and incidentals to or away from the project site and departure from the site after the project is completed and accepted. Contractor is responsible for final clean-up or restoration of all locations disturbed by the construction or installation process. This item shall also include other work and operations that must be performed, or for expenses incurred, before beginning work on the various Contract items on the project site. It shall also include any spot digging to verify existing utility locations, and any spot digging required at proposed connection and intersection locations. It shall also include pre - construction costs which are necessary direct costs to the project and are of a 01271 - Measurement and Payment 01271-2 399884 SECTION 01271— MEASUREMENT & PAYMENT FOR WATER & SEWER general nature rather than directly attributable to other pay items under the Contract. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Owner, and will be full compensation for mobilization, including all materials, labor, and incidentals necessary to perform the work. 2 East Transformer Busway System Removal, Deliver to Owner & Complete Installation Work completed under this item shall be measured and paid for at the lump sum (LS) price bid for replacement of the East Transformer Busway System shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all materials, equipment, tools, labor, and incidentals necessary to complete the East Transformer Busway System installation. East Transformer Busway System Testing & Reports including: Certified Production Reports; Visual & Mechanical Inspection Reports; Electrical Tests & Final Performance Acceptance Test Reports Work completed under this item shall be measured and paid for at the lump sum (LS) price bid for Inspection and Testing Reports for the newly installed East Transformer Busway System shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all materials, equipment, tools, labor, and incidentals necessary to complete installation tests and reports for East Transformer Busway System Replacement. 4 West Transformer Busway System Removal, Deliver to Owner & Complete Installation Work completed under this item shall be measured and paid for at the lump sum (LS) price bid for replacement of the West Transformer Busway System shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all materials, equipment, tools, labor, and incidentals necessary to complete the West Transformer Busway System installation. West Transformer Busway System Testing & Reports including: Certified Production Reports; Visual & Mechanical Inspection Reports; Electrical Tests & Final Performance Acceptance Test Reports Work completed under this item shall be measured and paid for at the lump sum (LS) price bid for Inspection and Testing Reports for the newly installed West Transformer Busway System shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all materials, equipment, tools, labor, and incidentals 01271 - Measurement and Payment 01271-3 399884 SECTION 01271— MEASUREMENT & PAYMENT FOR WATER & SEWER necessary to complete installation tests and reports for West Transformer Busway System Replacement. PART 2- PRODUCTS Not Used PART 3- EXECUTION Not Used END OF SECTION 01271 01271 - Measurement and Payment 01271-4 399884 SECTION 01290 - PAYMENT PROCEDURES PART1- GENERAL 1.01 SUMMARY A. Section Includes: 1. Schedule of values. 2. Applications for payment. B. Related Sections: 1. SECTION 00700 - GENERAL CONDTIONS. 1.02 APPLICATIONS FOR PAYMENT A. Format: SECTION 01290.01 supported by SECTION 01290.02 or other approved format. 1. Owner will provide Contractor an electronic copy of SECTIONS 01290.01 and 01290.02. B. Payment Period: As specified under SECTION 00700 -- GENERAL CONDITONS Article 14. C. Preparation of Applications: 1. Present required information in typewritten form. 2. Execute application by signature of authorized officer of Contractor's firm. 3. 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 products properly stored in accordance with the Contract Documents through the last day of the previous application period. 4. Round off dollar values to nearest dollar. 5. Complete every entry on form. 6. 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 SECTION 00700 - GENERAL CONDITIONS Article 14. 2. Submit 5 copies of each Application for Payment. 3. Submit an updated Construction Progress Schedule with each Application for Payment. 4. Submit waivers of mechanics liens from Contractor, Subcontractors, sub - subcontractors, and Material and Equipment Suppliers for amounts certified by Engineer for construction period covered by previous application for payment. a. Submit on form acceptable to Owner. 5. 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. 01290 Payment Procedures 01290- 1 399884 SECTION 01290 — PAYMENT PROCEDURES (1) Indicate application number and date. (2) List each item in question by continuation sheet identification. 6. Submit application for final payment in accordance with SECTION 00700 - GENERAL CONDITIONS Article 14. PART 2- PRODUCTS NOT USED PART 3- EXECUTION NOT USED END OF SECTION 01290 01290 Payment Procedures 01290-2 399884 SECTION 01320 - PROJECT MEETINGS. SCHEDULES, AND REPORTS PART1- GENERAL 1.01 Summary: This Section includes the following administrative and procedural requirements: A. Project Meetings: 1. Preconstruction conference. 2. Progress meetings. B. Schedules and Reports: 1. Comply with GENERAL CONDITIONS C. Related Work Specified Elsewhere: 1. For Schedules: SECTION 01321. 1.02 PROJECT MEETINGS: A. Preconstruction Conference: 1. 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. Representative(s) of Owner. d. At Engineer'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. (10) Work Change Directives. f. Procedures for testing. g. Procedures for maintaining record documents. h. Use of Premises: (1) Office, work, and storage areas. (2) Owner's requirements. i. Construction facilities, controls, and construction aids. j. Temporary utilities. k. Safety and first -aid. 01320 ProjectMtgsSchedReports 01320— 1 399884 SECTION 01320 — PROJECT MEETINGS, SCHEDULES, AND REPORTS 1. Security. m. Requirements for start-up of equipment. n. Inspection and acceptance of equipment put into service during construction period. o. Distribution of Contract Documents 4. Location of Meeting: At or near the Project Site. 5. Reporting: a. Within 7 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. Progress Meetings: l . Engineer shall schedule and conduct monthly meetings, or at other intervals as requested by Owner. 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. a. Contractor and each Subcontractor represented shall be prepared to discuss the current construction progress report and any anticipated future changes to the schedule. 2. Location of Meetings: At or near Project Site. 3. Reporting: a. Within 7 working days after each meeting, Engineer shall prepare and distribute minutes of the meeting to Owner and Contractor. b. Contractor shall distribute copies to principle Subcontractors and Suppliers. PART 2- PRODUCTS — Not Applicable. PART 3- EXECUTION — Not Applicable. END OF SECTION 01320 01320 ProjectMtgsSchedReports 01320-2 399884 SECTION 01321 —SCHEDULE PART 1- GENERAL 1.01 SUMMARY A. This Section includes procedural requirements for preparation, submittal, and updating of Contractor's construction progress schedules. B. Related Work: 1. Documents affecting work of this Section include, but are not limited to: General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. SECTION 01290— Payment Procedures. 3. SECTION 01320 — Project Meetings, Schedules, and Reports. 1.02 FORMAT A. Prepare Schedules as a Gantt chart with separate bar for each major portion of Work or operation, identifying first work day of each week. B. Sequence of Listings: The chronological order of the start of each item of Work. C. Scale and Spacing: To provide space for notations and revisions. D. Sheet Size: Minimum multiples of 8-1/2 x 11 inches. 1.03 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. The schedule shall clearly indicate the sequence of construction for the various items that involve either existing and/or potentially relocated utilities. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. B. Identify work of separate stages and other logically grouped activities. C. Provide sub -schedules to define critical portions of the entire Schedule. D. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the cut-off date for each monthly pay estimate. 1.04 SUBMITTALS A. Submit a finalized construction progress schedule within fifteen (15) days after date of Notice of Award or at least seven (7) days prior to the pre -construction conference, whichever occurs first. After review, resubmit required revised data within ten (10) days. 01321 Schedule 01321-1 399884 SECTION 01321 —SCHEDULE B. Submit monthly revisions with each pay estimate in the number of opaque reproductions that Engineer requires, plus two copies, which will be retained by Engineer. 1.05 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.06 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. PART 2 PRODUCTS: NOT APPLICABLE PA - EXECUTION: NOT APPLICABLE END OF SECTION 01321 01321 Schedule 01321-2 399884 SECTION 01325 — CONSTRUCTION PHOTOGRAPHS PART1- 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 PART 3 — this Section. 1.03 QUALITY ASSURANCE: A. 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 maybe 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. PART 3- 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 four (4) 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. 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. 01325 ConstrPhotos 01325-1 399884 SECTION 01325 - CONSTRUCTION PHOTOGRAPHS B. Construction photographs may be 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 3.0 megapixels. b. Submit images that have same aspect ratio as the sensor, uncropped. E. Print Negatives: 1. 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. All required equipment, accessories, materials, and labor for the timely production of this documentation shall be arranged/furnished through Contractor. 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 01325 ConstrPhotos 01325-2 399884 SECTION 01325 - CONSTRUCTION PHOTOGRAPHS interruptions and distortions that might eliminate recorded information during playback. C. Zone of Influence: Unless otherwise indicated by Engineer or Owner, the area 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. D. 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 this information, plus other pertinent comments, shall be given throughout the recording sequence. Such audio and video records shall include, but not be limited to, conditions of existing pavement, curbs, sidewalks, driveways, culverts, headwalls, retaining walls, ditches, roadways, mailboxes, fences, trees, shrubs and landscaping, major structural conditions of residences and commercial buildings, fences, signs, headwalls, general terrain, and similar items. Particular and detailed attention shall be given to any defects noted, such as cracks, disturbed areas, damaged areas, or as may be required by Engineer. 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. 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. Houses and buildings shall be identified visually by house number, when visible, in such a manner that structures of the proposed system, i.e., 0132$ ConstrPhotos 01325 —3 399884 SECTION 01325 — CONSTRUCTION PHOTOGRAPHS manholes on a sewer system and hydrants on a water system, may be located by reference. 7. 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. 8. Any portion of the videotape recording not conforming to the Specifications will be rejected. 9. 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. E. 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: a. Substantial Completion of a major phase or component of Work. b. Owner's or Engineer's request for special publicity photographs. c. Special events planned at Project Site. d. Immediate follow-up when on -site events result in construction damage or losses. e. Photographs to be taken at fabrication locations away from Project Site. f. Extra record photographs at time of final acceptance. END OF SECTION 01325 01325 ConstrPhotos 01325-4 399884 SECTION 01420 - DEFINITIONS AND STANDARDS PART1- GENERAL 1.01 SUMMARY: 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 two (2) major divisions of CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS. 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 01420 Definitions & Standards 01420-1 399884 SECTION 01420 — DEFINITIONS AND STANDARDS 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. 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 01420 Definitions & Standards 01420-2 399884 SECTION 01420 — DEFINITIONS AND STANDARDS 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 01420 Definitions & Standards 01420-3 399884 SECTION 01530— TEMPORARY BARRIERS AND CONTROLS PART1- GENERAL 1.01 SUMMARY: 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. 8. Railroad service. B. Related Work Specified Elsewhere: 1. Temporary Utilities and Facilities: SECTION 01560. PART 2- PRODUCTS — Not Applicable. 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 excavations, floors, pits, trenches, manholes, and ducts free of water. B. Property Other than Owner's: 1. 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 having jurisdiction over streets and utilities in the Work area can be obtained from Engineer for the agencies listed below. Concerned agencies or utilities shall be contacted a minimum of 24 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. d. Storm drains. e. Pipeline companies. 01530 Barriers & Temp Controls 01530-1 399884 SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS f. Telephone. g. Electric. 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. Where fences are to be breached on private property, the owners thereof shall be contacted and arrangements made to ensure proper protection of any livestock or other property thus exposed. 5. The applicable requirements specified for protection of the Work shall also apply to the protection of existing property of others. 6. 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: 1. 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. 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. Unless indicated or specified otherwise, 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. 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. 01530 Barriers & Temp Controls 01530-2 399884 SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS 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. Noise Control: OSHA requirements shall be adhered to for this contract. B. 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. 2. Clean interior spaces prior to the start of finish painting and continue cleaning on an as -needed basis until painting is finished. 3. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly -coated surfaces. C. Water and Erosion Control: 1. Provide methods to control surface water to prevent damage to the Project, the Site, or adjoining properties. 2. Plan and execute construction and earthwork by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. a. Hold the areas of bare soil exposed at one time to a minimum. b. Provide temporary control measures such as berms, dikes, and drains. 3. Control fill, grading, and ditching to direct surface drainage away from excavations, pits, tunnels, and other construction areas; and to direct drainage to proper runoff. 4. Provide, operate, and maintain hydraulic equipment of adequate capacity to control surface and groundwater. 5. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the Site or to adjoining areas. 6. Provide temporary drainage where the roofing or similar waterproof deck construction is completed prior to the connection and operation of the permanent drainage piping system. 7. Comply with all other requirements indicated or specified. D. Debris Control and Clean -Up: l . Keep the premises free at all times from accumulations of debris, waste materials, and rubbish caused by construction operations and employees. Responsibilities shall include: a. 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. c. The keeping of construction materials such as forms and scaffolding neatly stacked. d. Immediate cleanup to protect the Work by removing splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from walls, floors, and metal surfaces before surfaces are marred. 2. Prohibit overloading of trucks to prevent spillages on access and haul routes. Provide periodic inspection of traffic areas to enforce requirements. 01530 Barriers & Temp Controls 01530-3 399884 SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS 3. Dumpster: a. Contractor will provide a third party dumpster procured (only) from the City of Fayetteville Recycling and Trash Collection Division. 4. Final cleanup is specified in SECTION 01780 - CONTRACT CLOSEOUT. E. 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 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 as stated in 40 CFR Part 112. 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. Fill, compact, and grade areas as necessary to provide suitable support for vehicular traffic under anticipated loadings. Materials and construction shall be as indicated or specified. c. Provide for surface drainage of facilities and surrounding areas. d. Maintain roads, walks, and parking areas in a sound, clean condition. Repair or replace portions damaged during progress of Work. 7. Removal: a. Completely remove temporary materials and construction when construction needs can be met by use of permanent installation, unless construction is to be integrated into permanent construction. Remove 01530 Barriers & Temp Controls 01530-4 399884 SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS and dispose of compacted materials to depths required by various conditions to be met in completed Work. b. Restore areas to original, better, or specified condition at completion of Work. 3.05 TRAFFIC CONTROL AND USE OF ROADWAYS: A. Traffic Control: 1. The Contractor shall plan and execute the work so that interference with the flow of traffic and the passage of pedestrians will be the minimum possible. 2. The Contractor shall be responsible for making provisions for the safe and free passage of persons and vehicles by, over, or around the work until the project is completed. Such provisions shall be satisfactory with the Owner and State, County and local authority having jurisdiction in the area of work. 3. 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. 4. Remove temporary equipment and facilities when no longer required. Restore grounds to original, better, or specified condition when no longer required. 5. When required by the State, County or local authority that traffic be maintained over any construction work in a public or private highway, street, road, or other vehicle traffic path, and such traffic cannot be maintained on the alignment of the original roadbed or pavement, the Contractor shall, at his own expense, provide and/or construct and maintain a detour around the work. Such detours shall be satisfactory to the Owner and to State, County, or local authority. The Contractor shall provide and maintain all barricades, signs, torches, lights and markers around the work as may be required by the various agencies having jurisdiction in the work area. The Contractor shall also provide qualified flagmen to direct traffic while working upon a highway, street,or road over which traffic must pass. 6. Excavated areas within the traffic lanes of highways, streets or roads and pedestrian walkways shall be backfilled as soon as possible and the area opened to traffic. 7. Bridge over open trenches where necessary to maintain traffic. 8. 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. 9. The Contractor shall obtain permission from the applicable State, County or local authority(ies) before closing or obstructing any public highway, street or road. This shall include, but not necessarily be limited to, coordination with Fire Departments, 911 services, and other emergency services. 10. The Contractor shall make the same provisions as described above for the passage of vehicular and pedestrian traffic between private property and public highways, streets and roads or other provisions that are satisfactory to the Owner and the property owners involved. 01530 Barriers & Temp Controls 01530-5 399884 SECTION 01530 — TEMPORARY BARRIERS AND CONTROLS B. 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. 3.06 RAILROAD SERVICE: A. Maintenance: 1. Schedule operations and exercise care to avoid any interruption to continuous service over the railroads within or adjacent to the Work area. 2. Before transporting Equipment and Materials across railroad tracks or performing Work within any railroad right-of-way, obtain permission or any necessary permits from the railroads. 3. The Work shall be subject to all supervision, inspection, and other conditions • required by the affected railroads. 11]�L► �1[4 IIIII 01530 Barriers & Temp Controls 01530 —6 399884 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. 1.02 REFERENCES: A. American National Standards Association (ANSI): I . A10 Series — Safety Requirements for Construction and Demolition. B. National Electrical Contractors Association (NECA): 1. Electrical Design Library — Temporary Electrical Facilities. C. National Fire Protection Association (NFPA): I . 10 — Portable Fire Extinguishers. 2. 70 — National Electrical Code. 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. B. Implementation and Termination Schedule: Submit a schedule indicating implementation and termination of each temporary utility within 15 days of the date established for commencement of the Work. 1.04 DUALITY ASSURANCE: A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: I. 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: 1. Comply with NFPA 10 and 241, and ANSI Al0 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 01560— 1 399884 SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES 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. PART 2- PRODUCTS 2.01 MATERIALS AND EQUIPMENT: 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 the TECHNICAL SPECIFICATIONS. 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 hand -carried, portable, UL -rated, Class ABC, dry -chemical extinguishers or a 01560 Temp Utilities & Facilities 01560 —2 399884 SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES 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: 1. 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. 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. 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 01560 Temp Utilities & Facilities 01560-3 399884 SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES 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. B. Use of Existing System: 1. Owner's existing system shall not be used for temporary electricity. C. Use of Permanent System; 1. Prior to use of permanent system (facilities being constructed by Contractor) for construction purposes, obtain written permission of Owner. 2. Maintain permanent system as specified for temporary facilities. D. 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. 3.03 TEMPORARY WATER: A. New Service: 1. Arrange with utility service company to provide water for construction purposes. 2. 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. 3. Size water service to provide adequate volume for all anticipated construction uses, and to maintain minimum required pressure. 4. Install piping with outlets located so that water is available throughout the construction area. 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: 1. Owner's existing system may be used for temporary water. 01560 Temp Utilities & Facilities 01560-4 399884 SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES 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. Use of Permanent System: 1. Prior to use of permanent system for construction purposes, obtain written permission of Owner. 2. Prior to Use of System for Drinking Water: a. Disinfect piping. b. Obtain inspection and approval of governing authority. D. Costs of Installation and Operation: 1. Pay all costs for installation, maintenance, and removal. 2. Pay all costs for water used. 3.04 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. Water and sewer connected facilities may be installed to extent permitted by governing regulations. a. Provide lavatories, mirrors, urinals (where applicable), and water closets in water and sewer connected units. Provide only potable water at lavatories. Provide individual compartments for water closets where the unit is intended for occupancy by more than one person. Provide suitable enclosure with nonabsorbent sanitary fmish materials and adequate heat, ventilation and lighting. b. Provide separate toilet facilities for male and female construction personnel as required. 5. 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 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. 6. Drinking Water Fixtures: Provide containerized tap -dispenser type drinking water units. Provide drinking water fountains if piped potable water is reasonably accessible from permanent or temporary lines. 01560 Temp Utilities & Facilities 01560-5 399884 SECTION 01560 -- TEMPORARY UTILITIES AND FACILITIES 7. 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 Existing Facilities: 1. Not applicable. 3.05 DUMPSTER: A. General: Contractor will provide a third party dumpster procured (only) from the City of Fayetteville Recycling and Trash Collection Division. 3.06 SEWERS AND DRAINAGE: 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. B. Connect temporary sewers to the municipal sewer systems in the manner directed by the sewer department officials. C. Maintain temporary sewers and drainage facilities in a clean, sanitary condition. Following heavy usage, restore to normal conditions promptly. Provide and maintain temporary earthen embankments and similar barriers in and around construction excavations and subgrade construction, sufficient to prevent flooding by runoff of storm water from heavy rain storms. 3.07 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. 3.08 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. 3.09 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. 01 560 Temp Utilities & Facilities 01560-6 399884 SECTION 01560 - TEMPORARY UTILITIES AND FACILITIES 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. 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, stairways, and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 6. Provide supervision of welding operations and similar sources of fire ignition. 7. 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. B. Permanent Fire Protection: 1. Complete each fire protection facility at earliest reasonable date, place into operation, and make ready for emergency use. 2. Instruct personnel at Site on availability and proper use. 3.10 INSTALLATION AND REMOVAL: A. 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 01560 Temp Utilities & Facilities 01560-7 399884 SECTION 02444 — FENCING PART 1- GENERAL 1.01 SCOPE A. Any damage to any existing chain link fencing shall be repaired in accordance with this section. B. Any damage to any other existing fencing shall be made with materials specified in this section. 1.02 GENERAL A. Like items of materials provided hereunder shall be the end products of one manufacture in order to achieve standardization for appearance, maintenance, and replacement. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with, Division 1, GENERAL REQUIREMENTS 1.04 REFERENCE STANDARDS A. Specification of Metallic -Coated Steel Chain Link Fence Fabric, published by Chain Link Fence Manufactures Institute, Washington, DC 20036 2.01 GENERAL A. The use of a manufactures name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired only. Produces of other manufactures will be considered in accordance with the General Conditions. B. New materials and products of recognized, reputable manufactures shall be used. Rerolled, or re -galvanized materials are not acceptable C. All materials shall be hot -dip galvanized after fabrication. Posts and other appurtenances shall have a minimum zinc coating of 1.2 ounces per square foot of surface. D. Aluminum -coated fabric and wire may be substituted for the galvanized fabric and wire. Aluminum coating shall be not less than 0.40 ounce per square foot, complying with ASTM A 491, Class I1 02444 -Fencing 02444— 1 399884 SECTION 02444 — FENCING 2.02 FABRIC A. Chain link fence fabric, six foot in height, woven of No9 gauge wire in 2 inch diamond -mesh pattern, salvages, twisted and barbed, galvanized after weaving with 1.2 ounce zinc coating conforming to ASTM A 392. B. Replacement fabric shall match the height of the original fence fabric. 2.03 POSTS A. Federal Specification RR -F-19 1, fence, posts, gates, and accessories, except as hereinafter modified. Standards lengths for setting in ground or in concrete as required for conditions shown. 2.04 LINE POSTS A. Use galvanized 2 %z -inch outside diameter, Schedule 40 steel pipe, weight 3.65 pounds per linear foot. 2.05 END, CORNER, ANGLE, AND PULL POSTS A. For end, corner, angle, and pull posts, use 2.875 -inch outside diameter standard weight steel pipe, weight 5.79 pounds per linear foot. 2.06 POST TOPS A. Post tops shall be pressed steel, or malleable iron, designed as a weather tight closure cap for tubular posts. Provide one cap for each post, unless equal protection is afforded by combination post top cap and barbed wire supporting arm where barbed wire is required. Where top rail is used, provide tops to permit passage of top rail. 2.07 TENSION WIRE A. Tension wire shall be zinc -or aluminum -coated coil spring steel wire not less than No. 7 -gauge (0.177 inch in diameter). Provide tie clips of manufacturer's standard as approved for attaching the wire to the fabric, at intervals not exceeding 24 inches. 2.08 STRETCHER BARS A. Stretcher bars shall be one-piece lengths equal to full height of fabric with a minimum cross-section of 3/16 inch by 3/4 inch. Provide one stretcher bar for each gate and end post and two for each corner and pull post. 2.09 STRETCHER BAR BANDS 02444 -Fencing 02444-2 399884 SECTION 02444 - FENCING A. Bar bands shall be heavy -pressed steel, spaced not over 15 inches on center to secure stretcher bars to tubular end, corner, pull, and gate posts. 2.10 TOP RAIL A. Not less than 18 -foot long tubular street, 1 5/8 -inch outside diameter, weight 2.27 pounds per linear foot. Couplings to be outside -sleeve type and at least 6 inches long. Provide springs at one coupling in five to permit expansion in rail as recommended by the manufacturer. Top rail to extend through line post tops to form continuous brace from end to end of each stretch of fence. 2.11 BRACES A. Brace pipe shall be of the same material as the top rail and shall be installed midway between the top rail and extend from the terminal post to the first adjacent line post. Braces shall be securely fastened to the posts by heavy - pressed steel and malleable fittings, then securely trussed from line post to base of terminal post with a 3/8 -inch truss rod and tightener. 2.12 FITTINGS A. Malleable steel, cast iron, or pressed steel, as required. Fittings to include extension arms for barbed wire, stretcher bars and clamps, clips, tension rods, brace rods, hardware, fabric bands and fastenings, and all accessories. Provide 45 -degree bracket type supports to accommodate three strands of barbed wire. 2.13 BARBED WIRE A. Four -point pattern with two strands o€ No. 12 %2 gauge wire, and 1 -inch barbs 5 inches apart. Zinc -coated barbed wire shall conform to ASTM A 121; aluminum -coated barbed wire to ASTM A 585. 2.14 CONCRETE A. Materials as specified in Section 3600, CAST IN PLACE CONCRETE. Proportions shall be 1:2:4. Compressive strength shall not be less than 2,000 psi at 28 days. 2.15 FARM FENCE POSTS A. Repair farm fences utilizing "T" type steel posts with equivalent steel posts. B. Utilize 4 -inch minimum diameter pressure treated posts to repair existing fences utilizing wood posts. If existing posts are larger diameter, replace with equally sized new pressure treated posts PART 3- 02444 -Fencing 02444 —3 399884 SECTION 02444 - FENCING 3.01 INSTALLATION A. Installation of fencing shall meet the requirements of ASTM F 567. B. Erect fencing in straight lines between angle points by skilled mechanics experienced in this type of construction. Erect in accordance with the manufacturer's recommendations as approved with these Specifications. Post holes shall be a minimum depth of 3 feet below finished grade. Holes for line posts shall be 9 inches in diameter. Holes for gate, corner and pull posts shall be 16 inches in diameter. Space posts not more than 10 feet on centers and in true lines. Set posts plumb and posts to a depth of 2 feet 10 inches. Fill remainder of hole with concrete to extend around the posts to a point 2 inches above finished grade. The top surface shall have a crown watershed finish. After concrete has set, install accessories. Fasten chain link fabric to end posts with stretcher bars and clamps and to line posts and top rail with wire or bands at approximately 14 - inch centers and 24 -inch centers, respectively. The top rail of the fence shall be at the top of fabric. Install three strands of barbed wire on the brackets, tighten, and secure at each bracket. Brace gate posts diagonally to adjacent line posts to ensure stability. Hang gates and adjust all hardware so that gates operate satisfactorily from open or closed position. C. Repair/replace farm or lawn fencing with new posts as specified spaced on l Oft maximum centers. Use the specified barbed wire for barbed wire fences. Repair woven wire fences with equivalent galvanized woven wire. 3.02 CLEANUP A. Upon completion of the fence installation, clean up all waste material resulting from the operation. 3.03 PAYMENT A. No separate payment will be made for any fence replacement and /or repairs that may be required to existing fence during the pipe laying process. END OF SECTION 02444 02444 -Fencing 02444-4 399884 Bus Duct Replacement SECTION 26 29 24 LOW -VOLTAGE BUSWAY REPLACEMENT PART1 GENERAL 1.01 SCOPE A. The Contractor shall furnish and install two 2,000 AMP, 480 Volt, 3 -phase, 4 -wire totally enclosed, non -ventilated outdoor feeder busway systems including all necessary fittings, supports and accessories as specified herein, to replace the existing busway system as shown on the Contract Drawings. B. A pre -bid site visit is mandatory, to fully understand scope of work. 1.02 REFERENCES A. The low -voltage busway and all components shall be designed, manufactured, and tested in accordance with the latest applicable following standards of ANSI and NEMA: 1. NEMA BU.1. 2. ANSI/UL 857. 3. CSA. 4. OSHA, 5. NFPA 70. 1.03 SUBMITALS A. For Review/Approval: 1. The following information shall be submitted to the Engineer: a. Master drawing index. b. Isometric drawing of the busway runs, including detailed installation drawings. c. Bill of Materials. d. Busway ratings including: 1) Short-circuit current rating. 2) Voltage. 3) Continuous current. e. Major component ratings including: 1) Voltage. 2) ' Continuous current. PW/WBG/399884 LOW -VOLTAGE BUSWAY REPLACEMENT FEBRUARY 24, 2015 26 29 24 -1 ®COPYRIGHT 2015 CH2M HILL Bus Duct Replacement 3) Interrupting ratings. 4) Cable terminal sizes. f. Voltage drop per 100 feet at lagging power factors of 0.9, 0.85, 0.8. g. Derating chart for high ambient temperatures. h. Dimensions and weights. i. Detailed Construction Schedule. j. Detailed construction sequence. k. Limited short circuit and coordination study. 2. Submit three copies of the above information. B. For Information: 1. The following production information shall be submitted: a. Descriptive bulletins. b. Products sheets. C. For Closeout: 1. The following information shall be submitted for record purposes: a. Information required in paragraph 1.04. b. Certified production test reports. c. Installation information. d. Field Acceptance Test Reports. D. Submit three copies of the above information. 1.04 QUALIFICATIONS A. All components shall be of the same manufacturer as the busway. B. For the equipment specified herein, the manufacturer shall be ISO 9000, 9001, or 9002 certified. C. The manufacturer of this equipment shall have produced similar electrical equipment for a minimum period of 10 years. When requested by the Engineer, an acceptable list of installations with similar equipment shall be provided demonstrating compliance with this requirement. 1.05 DELIVERY, STORAGE AND HANDLING A. Equipment shall be handled and stored in accordance with manufacturer's instructions. One copy of these instructions shall be included with the equipment at time of shipment. LOW -VOLTAGE BUS WAY REPLACEMENT PW/WBG/399884 262924-2 FEBRUARY 24, 2015 ©COPYRIGHT 2015 CH2M HILL Bus Duct Replacement 1.06 FIELD MEASUREMENTS A. Contractor is solely responsible for any measurements or dimensions necessary for complete and proper installation of the equipment required herein. Information provided by the Contract Drawings is for general purpose use and is not guaranteed to be complete or accurate. 1.07 OPERATION AND MAINTENANCE MANUALS A. Three copies of the equipment operation and maintenance manuals shall be provided. B. Operation and Maintenance Manuals shall include the following information: I. Instruction books and/or leaflets. 2. Recommended renewal parts list. 3. Information required by paragraph 1.05. 1.08 EXTRA PRODUCTS A. Spare parts shall be furnished for each rating of busway, consisting of 1. One set of joint covers for each busway. 2. One set of insulators for each busway rating. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Cutler -Hammer. B. Unibus. C. General Electric. D. Square D. 2.02 RATINGS A. The busways shall be 3 phase, 4 -wire with 100 percent neutral rated for 2,000 AMPS continuous current at 480V ac, at an ambient temperature of 104 degrees F. B. The busways shall have a minimum of 6 -cycle short-circuit rating of 150 IcA RMS symmetrical. PW/WBG/399884 LOW -VOLTAGE BUS WAY REPLACEMENT FEBRUARY 24, 2015 2629 24- 3 ®COPYRIGHT 2015 CH2M HILL Bus Duct Replacement 2.03 CONSTRUCTION A. The outdoor busways and associated fittings shall consist of copper conductors totally enclosed in a 2 -piece extruded aluminum housing. Outdoor designs requiring addition of caulking or gasketing in the field are not acceptable. The busway shall be capable of being mounted horizontally, edgewise, or vertically without derating. The busway shall consist of standard ten -sections with special sections and fittings provided to suit the installation. Horizontal runs shall be suitable for support on 10 -foot maximum centers. Vertical runs shall be suitable for mounting on 16 -foot maximum centers. B. Provide gasketed covers with removable drain plugs. 2.04 BUS A. Bus bars shall be fabricated from high strength, 98 percent conductivity copper and suitably plated at all electrical contact surfaces. B. Bus bars shall be insulated over their entire length, except at joints and contact surfaces, with a UL listed insulating material consisting of epoxy applied by fluidized bed process. Tape or heat -shrink sleeve insulation, or any other method of insulation which can allow air -gaps or insulation breakdown, shall not be acceptable. C. The busways shall be capable of carrying rated current continuously without exceeding a temperature rise of 55 degrees C based on a 40 degrees C ambient. 2.05 BUS JOINTS A. Each busway section shall be furnished complete with joint hardwareand covers. The busway joints shall be a single -bolt, non -rotating, removable bridge design. All bridge joints shall be furnished with torque -indicating double head joint bolts and Belleville washers. The bridge joint shall utilize a captive nut retainer on the opposite side of the torque indicating bolt. The bridge joint design shall ensure proper installation without the use of a torque wrench, and provide visual indication that the joint is properly torqued. Each busway joint shall allow for a minimum length adjustment of plus 0.5 inches. De-energization of busway shall not be required for safe testing of joint tightness. LOW -VOLTAGE BUS WAY REPLACEMENT 262924-4 PW/WBG/399884 FEBRUARY 24, 2015 ©COPYRIGHT 2015 CH2M HILL Bus Duct Replacement 2.06 HOUSING A. The busway housing shall be a 2 -piece design fabricated from extruded aluminum. The 2 -piece housing shall be bolted together along the bottom flange using grade 5, 1/4 by 20 zinc -plated fasteners on 3 -inch centers for maximum mechanical strength. The busway enclosure finish shall be ANSI 61 gray baked epoxy power paint applied by an electrostatic process. B. Outdoor feeder busway housing shall be UL listed for outdoor use. Busway shall be complete weatherized at the factory, and designed such that only protective joint covers are required for outdoor application. C. Outdoor portion of each busway housing shall include a rain cover as shown on the Drawings. 2.07 INFORMATION ON EXISTING EQUIPMENT A. Each of the two existing Transformers: 1. Voltage: 12470/480-277 Volts WYE. 2. KVA=1680; AMPS=2020 at 480V. 3. Class: OA; %Z=6.03. 4. Manufacturer: General Electric S. No. M125991A, M125991B. B. Motor Control Center MCC -09- 1: 1. 480V, 3 phase, 3 wire. 2. Bus Rating=2,000 AMPS. 3. Manufacturer: General Electric. 4. Cat ##517X0123L04. 5. Diagram #248B1352. 6. Plant: ME. C. Accuracy of existing information shown on the Drawings is not known. Field verify all information. D. Use above information and the one line diagram for the detailed design of the busway system and tap boxes at the transformer end and the MCC end. Refer to the photo details shown on the Contract Drawings. 2.08 FACTORY TESTING A. Standard factory tests shall be performed on the equipment provided under this section. All tests shall be in accordance with the latest version of ANSI and NEMA standards. PW/WBG/399884 LOW -VOLTAGE BUS WAY REPLACEMENT FEBRUARY 24, 2015 262924-5 ©COPYRIGHT 2015 CH2M HILL Bus Duct Replacement B. The manufacturer shall provide three certified copies of factory test reports. PART 3 EXECUTION 3.01 INSTALLATION A. The Contractor shall install all equipment per the manufacturer's recommendations and the Contract Drawings. 3.02 CONSTRUCTION SEQUENCING: A. Construction sequencing for bus duct installation is extremely important. All replacement work must be performed with minimum interruption of the ongoing treatment processes. Sequence work on one bus duct at a time to avoid complete shut -down. Any shut -down required must have prior approval of the Owner for time and duration. B. A submittal shall be submitted out lining detailed construction sequence. Approval of the construction sequence is mandatory prior to start of construction. 3.03 FIELD TESTING A. Upon completion of installation of each bus but prior to energization, conduct tests as specified in this paragraph. B. Visual and Mechanical Inspection: 1. Inspect for proper bracing, suspension alignment, and enclosure ground. 2. Check tightness of bolted connections by calibrated torque -wrench method in accordance with manufacturer's published data. 3. Check outdoor busway for removal of "weep -hole" plugs, if applicable, and the proper installation of joint shield. C. Electrical Tests: Measure insulation resistance of each bus run phase -to -phase and phase -to -ground for I minute. D. Test Values: 1. Bolt -torque levels shall be in accordance with values specified by the manufacturer. 2. Insulation -resistance test voltages and resistance values shall be in accordance with manufacturer's specification. 3. Submit all field test documentation for approval. LOW -VOLTAGE BUS WAY REPLACEMENT PW/WBG/399884 26 29 24 - 6 FEBRUARY 24, 2015 ©COPYRIGHT 2015 CH2M HILL Bus Duct Replacement 3.04 ARC FLASH WARNING LABELS A. Perform a limited short circuit and coordination study based on the one line diagram Drawing E-2, information provided on existing equipment and field data collected by the Contractor on existing transformer primary fuses and MCC feeder breakers. Submit the study for approval within 30 days of notice to proceed. Obtain any additional data required from the utility, Manufacturers or the Owner. B. Based on the short circuit and coordination study provide arc flash labels on the bus ducts and MCC -09-1 main -tie -main breakers. 3.05 FINAL PERFORMANCE ACCEPTANCE TEST A. Following the field testing and approval of the test data for the first completed bus duct, energize the bus duct and add the entire pump station load by opening the "other" main breaker and closing the tie breaker. Run the system for a period of 24 hours. Provide Thermographic temperature data at the transformer and MCC tap boxes for approval. B. The pump station load is highly variable. Coordinate with the facility staff to make sure representative load is applied to the MCC during test period. The test protocol for the thermographic measurement shall be coordinated with the facility staff to determine ideal start time and duration to make sure the MCC bus is loaded with a "representative" load for the test duration. Take thermographic readings at times mutually agreed with the facility staff. C. Repeat the test specified in paragraph "A" above for the second bus duct. D. Successful completion of PAT is pre -requisite for final acceptance. 3.06 SAFETY A. Follow all PPE requirements while working near energized electrical equipment. 3.07 COORDINATION/DEBRIS REMOVAL A. All Contractor activities including site access and scheduling of work shall be coordinated with the City of Fayetteville or its agent operating the treatment facility. Contractor shall accommodate interruptions in installation of the equipment required herein resulting from operational needs of the treatment facility as well as conditions including weather. PW/WBG/399884 LOW -VOLTAGE BUS WAY REPLACEMENT FEBRUARY 24, 2015 262924-7 COPYRIGHT 2015 CH2M HILL Bus Duct Replacement B. Damaged busways replaced under the scope of this Contract shall be presented to the City of Fayetteville, or its agent operating the treatment facility upon removal. Removed busways shall remain the property of the City of Fayetteville. C. Contractor shall be responsible for maintaining a work area free of debris. The proximate water storage ponds shall be protected from the deposition of wind-blown debris resulting from the Contractors activities under this scope. END OF SECTION LOW -VOLTAGE BUS WAY REPLACEMENT 262924-8 PW/WBG/399884 FEBRUARY 24, 2015 ©COPYRIGHT 2015 CH2M HILL a�- 5 SECTION 00610 —PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called Contractor, and Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 as Surety, hereinafter called Surely, are held and firmly bound unto City of Fayetleville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond #GRAR32325 11114111�1111�11ti1ti�l�ll�lltil�ltl�lll�l�l�l�llTlll«tilt�llLi�l��ll1 Doc ID: 016397980009 yp E Kind: PERFORMANCE BOND Recorded: 08/19/2015 at 10:4334 PS1 Fee Amt. $55.00 Page 1 of 9 kashington County. AR Kyle S"0 t:31eB033-00Circuit 00396 I llIlIlI Illlll Il lIl 11 I I III IIIII loll III IIIII IIIII IIIII IIlI IIll ll ll Doc ID: 016425270009 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/02/2015 at 04:32:50 PM Fee Amt: $55.00 Page 1 of 9 Washington County. AR Kyle Sylvester Circuit Clerk F11eBO33-00000444 as Obligee, hereinafter called Owner, in the amount of S 82,700.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated . 20 j entered into a contract with Owner for Paul R Noland 13`R'TP Effluent Pump Substation Bus Duct Replacements which contract is by reference made a pact hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's oblieations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms end conditions, or COG 10 Performance Bond 00610—I 391)8M SECTION 00610 — PERFORMANCE BOND: B. Obtain a bid or bids for completing the Contract in accordance with its teens and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety joindy of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as 'Mork progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety.may be liable hereunder, the amount set forth in the _ first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and scaled this /_Y day of v "n 201 CONTRACTOR (CORPORATE SEAL) King Electrical Contractors, Inc. By: 1 00610 Performance Bond 00610-2 399ti94 SECTION 00610 — PERFORMANCE BOND: SURETY Gr Re, Inc. Pamela K. Hays, Attorney -in -Fact ATTORNEY -IN -FACT P. O. Box 550 Little Rock, AR 72203 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) COUNTERSlGN-ED: Resident Agent Slate of Arkansas Pamela K. Hays, Arkansas Resident Agent (CORPORATE SEAL) Approved as to Form: Attorney for EI' D OF SECTION 00610 00U l0 Performance Bond 00610-3 399514 GRANITE RE, INC. ' � � - � I •�` 41: GENERAL POWER OF ATTORNEY Know all Men by these Presents: ' . , - - That GRANITE RE,' INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: / _ i BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOCCEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL C. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: F - — -— i--->♦ = I ' - ' } J r �a BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER may Iawfully'do in the premises by virtue of these presents.. i f In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal,' duly attested by the signatures of its President and Secretary/Treasurer, this 17' day of April, 2014. ` ` ' — I ; - +(7 ,; Kenneth D. Whittin on, President STATE OF OKLAHOMA ) f s s LJ ' I' _ :' =J' _ } SS: I s Ir%' 7ijjd,J COUNTY OF OKLAHOMA') - •' ' Kyle . McDonald,' Treasurer On this 17'' day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC_. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretar /Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they. each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer,'respectively,'of the Company. My Commission Expires: ( J ' _ August 8, 2017` Nota Public - Commission #: 01013257 -- + GRANITE RE, INC. Certificate ' r , - THE UNDERSIGNED,'being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. _ - "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day of ''.f ,20- �.� 1L = • • ;*"�; , e _ —i i • ` ` - s 8 n L / / Kyle P. McDonald, Secretary/Treasurer 41 SECTION 00611 — LABOR AND MATERIAL PAYMENT BOND: Bond #GRAR32325 This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that King Electrical Contractors, Inc. 2145 W. Moore Lane Fayetteville, AR 72704 as Principal, hereinafter called Contractor, and Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 as Surety, hereinafter called Surety, are held and finely bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbclow defined, in the amount of S 82,700.00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated _, 20_, entered into a contract with Owner for Paul R Noland WWTP Effluent Pump Substation Bus Duct Replacements contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly inakc payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfonmance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611 Payment Bond 00611 — 1 394584 SECTION 0061] —.LABOR AND MATERIAL PAYMENT BOND: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that pan of water, gas, power, lighi, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. -who has not been paid in full before the cxpiration.of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may he justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or perfonncd the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year fallowing the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 00611 I'uyniaat Bond 0(1611-2 irr9S64 SECTION 00611 — LABOR AND MATERIAL PAYMENT BOND: 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith, hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and scaled this /'i day of /1tl)v .i20,L( CONTRACTOR King Electrical Contractors, Inc. By h/t/ k) ')- .�T1:i�i1►'J Gra ite`Re, Inc. H) Pamela K. Hays, Attorney -in -Fact (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas BqA/YJLd Id<f Pamela K. Hays, Arkansas Resident Agent 00611 Payment Bond 00611-3 399884 +f3 t h 11 1 • f, {mil 1 � - - 1 �•I 1 . r ' `{+ - 1 t _ �' •t t I -{ . t . •I�y .li I '� +.IJ 11 aFl fJ I, + GRANITE RE,,INC.' I , i GENERAL POWER OF ATTORNEY t . Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: . E - t '' • t - BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K."HAYS; JUDY SCHOGGEN; NICK W. PETERS; JAMES R. RAMSAY; MICHAEL G. DORNBLASER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby!ratifies' and confirms all a 3 i t{ 1 and whatsoever the said: � - 1 t. - , r 1 ,1; 1; C' BENSON A. CASHION; MATTHEW K. CASHION, JR.; WILLIAM H. GRIFFIN; CYNTHIA L. TRICKEY; PAMELA K. HAYS; JUDY SCHOGGEN; NICK W'PEfERS;[JAMES R. RAMSAY; MICHAEL' G. DORNBLASER may lawfully do in the premises by virtue of these presents' l' -•S -rf` II ' .t - ; f 1 - -► i, I • • In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its President and SecretaryfTreasurer, this 17th day of April, 2014.- ' ' H � I prL 4. fr Kenneth D. W ittin on, President _ i t - STATE OF OKLAHOMA. ) s e ^ L I - ; -- ) SS: •:.e.• 1 % `/ COUNTY OF OKLAHOMA I + "- , Kyle . McDonald/Treasurer On this 17'" day of April, 2014, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworrs, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Conimissiori Expires: August 8, 2017 t,1 Nota Public r . Commission #: 01013257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duty elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. - "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the comjany fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond -or undertaking of -the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." , . . IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seat of the Corporation this day of ,20.__. . 5 E A L Kyle P. McDonald, Secretary/Treasurer -+ _' 1 } I1-...�i. LLi� +.. .- 11_.t H - - (i— —t---,e +' .— - . t 4 - City of Fayetteville Staff Review Form 2016-0265 Legistar File ID City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item o -L Jim Beavers 5/16/2016 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 1 to the construction contract with Austin King Inc. dba King Electrical Contractors in the amount of $1,174.00 for engineer -requested revision to the electrical coordination study. Budget Impact: 5400.5800.5414.00 Account Number Water/Sewer Fund 02069.1 Plant Pumps and Equipment-WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 659,981.00 Funds Obligated $ 305,759.59 Current Balance $ 354,221.41 Does item have a cost? Yes Item Cost $ 1,174.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 353,047.41 V20140710 Previous Ordinance or Resolution # 127-15 Original Contract Number: 2373 Approval Date:" - Comments: Construction Bid 15-27 CITY OF V�k e A TO: Mayor Jordan THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Jim Beavers, P.E. Utilities Engineer DATE: May 16, 2016 STAFF MEMO SUBJECT: Paul R Noland WWTP Effluent Pump Station Bus Duct Replacement, Construction Bid 15-27. Approval of Change Order No. 1 to the construction contract with Austin King Inc. dba King Electrical Contractors Inc. in the amount of $1,174.00. RECOMMENDATION: Approval of Change Order no. I to the construction contract with Austin King Inc. dba King Electrical Contractors in the amount of $1,174.00 for engineer -requested revision to the electrical coordination study. BACKGROUND: The Paul R Noland WWTP Effluent Pump Station Bus Duct Replacement, Construction Bid 15- 27 was approved by the Fayetteville City Council on August 4, 2015 by Resolution 127-15 in the amount of $82,700.00. The City Council also approved a project contingency of $8,270.00. DISCUSSION: Please refer to attached Change Order No. I as prepared by the Engineer of Record, CH2M. BUDGET/STAFF IMPACT: Utilization of $ 1,174.00 of the $8,270.00 project contingency. ATTACHMENTS: 1. Contract Change Order No. 1 signed by the Contractor and the Engineer 2. Copy of Resolution 127-15 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACT CHANGE ORDER (CCO) CH2Mi-IILL. CONTRACTOR: King Electrical Contractors, Inc. CHANGE ORDER: CCO-001 PROJECT: Paul R. Noland WWTP Effluent Pump Sub -Station Bus Duct Replacements Bid No. 15-27 OWNER: City of Fayetteville, AR ENGINEER: CH2M The following modification(s) to the Contract are hereby ordered (use additional pages if required): Revising the Short Circuit Current and Coordination Study previously submitted by Contractor to incorporate the following additional data: a. Available fault currents at the utility's metering point (point of service) of 4,200 amps phase to phase and 3,400 amps phase to ground. b. The utility's breaker feeding the facility is a VWE Cooper with a phase trip of 150 amps (165 curve), a ground trip of 120 amps (135 curve), and SEL-351 R control. c. Service is provided at 12.47kV phase to phase, 7.2kV phase to ground. d. The overhead electrical feeders to the pump station are 1/0 conductors with a length of 3,590 feet. e. The 1,500 KVA transformers are provided with primary 80E fuses. 2. The following additional services are to be provided: a. Verify the fusing on the service drops (crossarm cut outs) at the pump station and employ this field verified data in the revised study. b. Provide an evaluation of arc flash energy levels associated with replacing the existing 80E fuses with 65E fuses. c. A professional engineer registered and in good standing with the State of Arkansas shall seal the front cover of the study. .. The Short Circuit Current and Coordination Study previously submitted by King Electrical Contractors contained missing field information and equipment discrepancies related to fuses, feeder size and feeder length which, in turn, led to misleading study results that do not accurately represent what is currently installed. For these reasons, the Short Circuit Current and Coordination Study results are considered invalid and unuseable. 1. Overcurrent Protective Device Coordination and Arc Flash Study submitted by King Electrical Contractors, Inc. (January 21, 2016). 2. Specification Section 29 29 24 Contract Amount or Price Contract Times Original Contract Value: $ 82,700.00 Original Contract Substantial Completion Date: February 26, 2016 Previous Contract Modification(s): $ 0 Previous Contract Modification(s): 0 Days This Contract Modification: $ 1,174.00 This Contract Modification: 0 Days Revised Contract Amount: $ 83,874.00 Revised Contract Substantial Completion Date No Change Owner Contractor Engineer of Record GQ�c"oa psi PRA-8"kA-A ►'. XES►CA�#? Prim Name Print Name Sign Sign ill0 Date Date No. 11519 RESOLUTION NO. 127-15 A RESOLUTION TO AWARD BID NO. 15-27 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS, INC. IN THE AMOUNT OF $82,700.00 FOR THE PURCHASE AND INSTALLATION OF ELECTRICAL BUSWAYS AT THE NOLAND WASTEWATER TREATMENT PLANT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,270.00 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 awards Bid No. 15- 27 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors, Inc. in the amount of $82,700.00 for the purchase and installation of electrical busways at the Noland Wastewater Treatment Plant, and further approves a project contingency in the amount of $8,270.00. PASSED and APPROVED this 40` day of August, 2015. ATTEST: I ()/ •,cam,' 1 AYEITEVIL.E: V W