Loading...
HomeMy WebLinkAbout83-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 83-18 File Number: 2018-0173 BID #18-17 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID #18-17 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $292,955.00 FOR THE DINSMORE TRAIL WATER MAIN REPLACEMENT PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,943.25 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 # 18-17 and authorizes a contract with Goodwin & Goodwin, Inc. in the amount of $292,955.00 for the Dinsmore Trail Water Main Replacement Project, and further approves a project contingency in the amount of $43,943.25. PASSED and APPROVED on 4/3/2018 Attest: Sondra E. Smith, City Clerk Tr`aMj� ��`��rcRf " r RF�S'�'f '■ • op ��� Wig; ■�'`�h A N`-' . �.���`. rte,` ,n NG lO Page 1 Printed on 414118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0173 Agenda Date: 4/3/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 BID #18-17 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID #18-17 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $292,955.00 FOR THE DINSMORE TRAIL WATER MAIN REPLACEMENT PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,943.25 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 # 18-17 and authorizes a contract with Goodwin & Goodwin, Inc. in the amount of $292,955.00 for the Dinsmore Trail Water Main Replacement Project, and further approves a project contingency in the amount of $43,943.25. City of Fayetteville, Arkansas Page 1 Printed on 41412018 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2018-0173 Legistar File ID 4/3/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/13/2018 Utilities Director / Utilities Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of a construction contract with Goodwin & Goodwin Inc., in the amount of $292,955.00 for Bid 18-17 Construction, Dinsmore Trail Water Main Replacement, and approval of a 15% project contingency in the amount of $43,943.25 for a total of $336,898.25. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1601 Water Master Plan & Dinsmore Trail Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 6,862,594.00 $ 1,380,354.70 $ 5,482,239.30 $ — 336,898.25 $ 5,145,341.05 Approval Date: V20140710 CITY OF FAYETTEV I LLE �ARKANSAS MEETING OF APRIL 3, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: March 14, 2018 CITY COUNCIL MEMO SUBJECT: Bid 18-17 Construction, Dinsmore Trail Water Main Replacement RECOMMENDATION: Staff recommends approval of a construction contract with Goodwin & Goodwin Inc., in the amount of $292,955.00 for Bid 18-17 Construction, Dinsmore Trail Water Main Replacement; approval of a 15% project contingency in the amount of $43,943.25. The total funding request is $336,898.25. BACKGROUND: Bid 18-17 Construction, Dinsmore Trail Water Main Replacement Road will provide replacement of approximately 4,000 linear feet of 8 -inch water main on Dinsmore Trail. DISCUSSION: Public Bids were opened on February 22, 2018. Four bids were received. The low bid of $292,955.00 was submitted by Goodwin & Goodwin, Inc. Brothers Construction $384,310.00 Goins Enterprises $350,195.00 Goodwin & Goodwin, Inc. $292,955.00 Seven Valleys Construction Co. Inc. $399,920.00 BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation/Replacement project. Attachments: Bid proposal and Agreement — Goodwin & Goodwin, Inc. Letter of Recommendation MWY/Olsson dated March 6, 2018. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00400 - BID FORM Contract Name: CONSTRUCTION - DINSMORE TRAIL WATER MAIN REPLACEMENT Bid Number: 18-17 BID TO: Owner: The City of Fayetteville, Arkansas 1 l3 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: 3503 Fret Pp cry, �J AR `72563 ARTICLE I- INTENT 1.01 The undersigned Bidder proposes an 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. FY0362 BID FORM 00400- 1 D0CU%4LNT 00400 - BID FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date f 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 strictures 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, FY0362 BID FORM 00400-2 DOCUMENT 00400 - BID FORM (continued) 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. 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 FY0362 BID FORM 00400-3 DOCUMENT 00400 - BID FORM (continued) 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 Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): FY0362 BID FOIN 00400-4 DOCUMENT 00400 - BID FORM (continued) BID SCHEDULE EST. UNIT ITEM NO, UNIT QTY PRICE TOTAL 1 _DESCRIPTION Mobilization (Shall not exceed 5% of Total Bid) LS 1 2 Insurance and Bonding LS 1 117 Q !JC)" 3 Construction Control (Staking) LS 1 '3coo 3 TO 4 Clearing, Grubbing, & Demolition LS 1 15,�OC js 5 8" PVC, C-900 DR -14 Water Main LF 4240 37-0 Compact Ductile Iron Fittings, including Megalug Restraints, as required, complete in C�•J�-� 6 place LBS 1000 s 7 8" Gate Valve with Valve Box EA 3 1 $co 5 `7 6" Three -Way Fire Hydrant Assembly, q?W 7, 8 with valve, complete in place EA 5 Remove Existing Fire Hydrant and deliver to ` !�W 9 Owner EA 5 2" Combination Air Release and Vacuum -710 Valve Assembly, complete in place EA 112,061 GW Sta 0+00 - Tie to existing water main, including 8"x8" tapping sleeve and valve, e-1100011 complete in place LS 1iO Sta 42+27 Tie to existing water rain, Including new 8"x 8"tapping sleeve and 12 valve, complete In place LS 1 s Single Meter Setting, including pressure reducer and Plumbers connection to existing /1 ?C0 61,5 13 service line, complete in place EA 5 14 Single Meter Setting, complete in place EA 3 ! l 0o Remove Existing Meter Setting and deliver j�r� 7-60 15 to Owner EA 5 16 Cut and Cap Existing 8" Water Main EA 1 500 Reconnect Existing Service Line to new 8" Water Main, including SB2 backfill and 17 surface repair, complete in place EA 3 I FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 00400 -5 OF TOTAL AMOUNT BID V2,I? _]. The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of the Bid Schedule. 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 cashier s check from a financial institution located in the State of Arkans or a Bid Bond in the amount of: E�Y� � L +�liars EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 2" HDPE Bored Casing, including 1" water ZZ� 1, 00 18 service line and connection to existing meter LS 2 Ashpalt/Concrete Pavement and Driveway Repair, including S62 base material as 35 �1 19 inecessary, complete in place LF 125 20 Rip Rap for Ditch Crossings TON 150 Sediment Control, Erosion Control and Site Restoration, and Compliance with NPDES Stormwater Permit and the Comprehensive 21 Best Management Practices Plan (CBMPP) LS 1 Act 291, 1993 Trench and Excavation Safety System for Water Sewer and 22 Installation LS 1 OF TOTAL AMOUNT BID V2,I? _]. The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of the Bid Schedule. 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 cashier s check from a financial institution located in the State of Arkans or a Bid Bond in the amount of: E�Y� � L +�liars FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 -COMM UNI ATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: G Email ?".Pt�Lkd f. 0? cor�- Phone No. 4 7 q -651-7321 Fax No. — 7Y 3 "7555...... 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 assiped to them. ARTICLE 9 - CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE. 9.01 Contractors Assurances. 00400-6 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 1 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 S10,000 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. FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 0M11 / NONSEGREGATED FACILITIES The company that I represent does riot 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, 1 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 1 certify that to the best of my knowledge and belief that the company that 1 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 judgement 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; (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, tinder 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. FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 9.02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on � 10 ZZ hu 20a Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): By T_ __ __ Doing business as: Business address: Phone No: Email Address: (Individual's Signature) Fax No.— SEAL) .A Partnershi Partnership Name : _ (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address; Phone No Email Address: Fax No. Business address: Phone No: T �^ Fax No. Email Address.--- 00400-8 ddress: 00400-8 FY0362 BID FORM 00400-9 DOCUMENT 00400 - BID FORM (continued) A Corporation or Limited Liability Companyy L,� Corporation Name : OO WI. R + C-med co" n , raC _ (SEAT,) State of Incorporation: a ia-s Type (General Business, Professional, Service, Limited Liability): $I~traG� By. (Sigt tune of general partner-ahach evidence of authority to sign) Name (type orprinted): ZCy rg n Iw 6Cjtc;,;k Title:_ Fr (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: 3 3 Fr REr �- g ,4 Phone No: q?2^G5'/-732! Fax No 99-7575'5 Email Address: pI i, abld e-09 LV_ 9a h_Oo. t erg, END OF DOCUMENT 00400 FY'0362 131D FORM 00400-10 �.,.�• `••,gib Y�lr r4 �a 7— i frJ�J`•'f fir•" ra-� F._ ..�'\ - ��yT- �'_�-si�we~!�•. ia+i • t�SM .sem,` . �•�%Ij f�{�����.f�-�.�'.�.""- -, - ' -r' - -' � � •~, �I yy� �+•R����s H a atr�!1� nr •w•w � r.. .wu .c{ e "�" was FY 33152 �. 11[illdoll M11111Mf f fills a. er..rri.e reneane � AYci'i'A3.E. A'�tAaYSs.Sa •• _ `PIAN ANU FTO; iL-t STA 0-00 - 9,00 �••• ('.1 ..... ..... r PW 4'/AM UP� FR il . r�Kwx Tn,�,, Igoull 111111161 a lmlll� PLAN AND PrOFILF STA 9 -OC - 18+00 C2 USE its Jim . . . . . . . .... Mals 1011111mus &will$ I S'Alppp N'At SWI 14 20 nx T - mar__ Jim Mals 1011111mus &will$ I S'Alppp N'At SWI 14 GOODWIN & GOODWIN, INC. General, Plumbing & Utility Contractor 3503 Free Ferry Road Fort Smith, AR 72903 Cell (479) 651-7321 Fax (479) 783-7555 Z -z'z -fi( o��Lci,�tE{� qtr r�rael t--1 . ai 101- La y 4i a 4 Ei l t t-- C- � � L) !ZC ► C/j ISN ®\J i . Li fr1 t f ►rL-E }7 v ✓r� i� S� fA-'r I ate: 2 IS, C CCy -Tar-T- L+ LXa,2--r ow OC L -6--y Financial Statements of GOODWIN & GOODWIN, INC. For the Period Ended September 30, 2017 SEE ACCOMPANYING ACCOU'NTANT'S COMPILATION REPORT Current Assets Suspense Cash Accounts receivable Retainage Cost in excess of billings Total Current Assets Fixed Assets Signs Construction equipment Vehicles Accumulated depreciation Total Fixed Assets Total Assets GOODWIN & GOODWIN, INC. Balance Sheet September 30, 2017 ASSETS 8,350.00 579,672.56 722,228.79 12,201.00 _-- • -- 4,478.00 355.68 2,273,389.24 846,967.03 --L2,79 9,539.81) SEE ACCOMPANYING ACCOUNTANT'S COMPILATION REPORT 1,226,930.35 :21.172.14 —1&4.$,j !-A9 GOODWIN & GOODWIN, INC. Balance Sheet September 30, 2017 LIABILITIES AND EQUITY Current Liabilities Accounts payable Federal & FICA depository acct State withholding payable Federal unemployment payable State unemployment payable Child support payable Long-term debt - current Total Current Liabilities Long Term Liabilities Notes payable - Goodwin N/P- Komatsu -000 $1754.61 N/P- Komatsu -002 $1804.64 Note payable - Takeuchi -4299 N/P - Scott Financial $1093. Loan payable - Goodwin Note payable - Scott 1241.37 N/P FNB 2419236 N/P B B & T-TRACKHOE NP CHASE AUTO $495.87 NP CHASE AUTO 372.95 Less: current maturies Total Long Term Liabilities Equity Capital - Bryan Goodwin Drawing Common Stock Additional Paid -in capital Current Income (Loss) Total Equity Total Liabilities & Equity 278,320.26 4,441.43 972.31 878.56 0.22 (116.85) 20,000.00 (196,705.20) 21,489.24 23,254.89 11,833.49 6,567.96 191,189.36 8,078.37 19,18 8.71 101,196.96 9,331.43 5,603.45 (20.000.00) 673,451.39 (200,541.21) 300.00 484,576.14 204,791.58 -104,495.93 181,028.66 1.,162,5 77.90 $ �1,64$-102.19 SEE ACCOMPANYING ACCOUNTANT'S COMPILATION REPORT GOODWIN & GOODWIN, INC. Income Statement For the Period Ended September 30, 2017 1 Month Ended 9 Months Ended Sep. 30 2017 Pct Sep. 30, 2017 Pct Revenue Revenue $ (331.747.54) 100.00 $ _ 4.207,452.36 100.00 Total Revenue (331,747.54) 100.00 4,207,452.3E 100.00 Cost of Sales 0.00 0.00 925.00 0.02 Construction materials 83,067.17 (25.04) 221,255.78 5.26 Wages -construction 31,881.50 (9.61) 374,890.0 8.91 Contract labor 0.00 0.00 2,730.00 0.06 Auto & truck expense 0.00 0.00 2,685.0;J 0.06 Insurance 6,001.60 (1.81) 76,472.1:9 1.82 Supplies (577,952.71) 174.21 2,109,628.4.6 50.14 Plans and blueprints 100.00 (0.03) 22,200.00 0.53 Equipment rental 9,135.93 (2.75) 41,693.01 0.99 Subcontractors 0.00 0.00 817.341.16 19.43 Total Cost of Sales (447 766.51) 134.97 3,668,897.(12 87.20 Telephone Gross Profit 116,018.97 (34.97) 538,555.27 12.80 Operating Expenses Aviation Expense 0.00 0.00 44,594.33 1.06 Bank charges 78.26 (0.02) 540.38 0.01 Contributions 0.00 0.00 925.00 0.02 Entertainment 0.00 0.00 6,00000 0.14 Education and training 0.00 0.00 455.00 0.01 Legal 380.00 (0.11) 32,043.61 0.76 License & fees 391.00 (0.12) 7,136.32 0.17 Miscellaneous 0.00 0.00 709.02 0.02 Office expense 0.00 0.00 1,92C•05 0.05 Postage 0.00 0.00 192 00 0.00 Repairs & maintenance 3,495.00 (1.05) 10,041 60 0.24 Taxes - payroll 2,455.93 (0.74) 30,627 00 0.73 Taxes - other 0.00 0.00 6,007.57 0.14 Telephone 537.02 (0.16) 5,231.96 0.12 Travel 61,702.15 (18.60) 179,70:5.25 4.27 Utilities _ _ _ 1_,818.99 (0.55) 7,631.00 - 00__18 Total Expenses _.._ 70,858._3.5 (21.36) 333,763.69 _ 7.93 Operating Income _ __. _45,160.62 13.61) Y 204,751.58 4.87 Total Other Income T 0.00 0.00 ('.00 0.00 Net Income (Loss) $ .. 45. &6 U (13.611 $ „ _-_204,Z'Z _ Je z SEE ACCOMPANYING ACCOUNTANT'S COMPILATION REPORT 4i3)qC rNsuRnscr Mom ManPf"w'st 5500 Euper lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www,bhca.com Bid Bond R WOW ALL MRN BY TBiF,SF PRF-gFN'Tq. ghat ive (Here insert full name and address or &,gal title of C"oratrractor) Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 as Principal, hereinafter called the Principol, and (Hore insert frsll nnnlr, anA ods)rp,ss or leeral title. of .Srrrei}v) Cincinnati Insurance Company P. 0. Box 145496 Cincinnati, OH 45250-5496 a corporation duly organized under the taws of the State of Ohio a3 Surety, hercinafter calked the Surety, arc hold and firmly bound unto Were insert full name and addressor 4,gal title of Owner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter tailed rho Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 5% ), [Or €he FuYuicnt of whach ourn well and truly to be rxxla, the said principal and the said Surety, bind pu€s lea<:, our heirs, slxBcutors, administrators, successors and assigns, jointly and severally, firmly by ffiew presents. WHERF-AS, the Principal has submitted a bid for Dinsmore Trail Water Main Replacement #18-17 (Here insert full name, address and descriptio" ofProjee") NOW, THEREFORE. if the Obligft Shall nccept the bid of the Principal and the Priacipni shall enter into a Contract with the Ohlig", in ntmrdnnrr with the. term of loch bid, and give such bond or bonds as may be spwci kerd in the bidding or Contract DOCUtrtetlls with good and sufficient surety for the faithfiil perfor°nalnec 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 the Principal to enter sucfi Conti -act and give; such bond or bonds, if the TYmcipal shall pay to the Obligec the dilferrnc;c flat to exceed the penalty hereet between the arriouat sperciiied in said bid and such lntger amount for which the Obligee may in good faith contract with &notbor pam to perforce the Work cuvcrcd by said bid, €hen this obiigntion shall be null aNivnid, otherwise to rt:tna$a+Y4uil force and effect. Sighed and Oal9[i lks f 22nd day of February 2018 Goodwin & Goodwin, Inc. (PVk-A'axA pal) �.- ' (Tale Cincinnati Insurance Company _ (Wirrrr sJ _! Y--fill)-Cr'!?ll lixabeth A. Solomon , Attorney -In -Fact AIA Document A31 Oyu -19'70. Copyright 0 1963 and 1970 by rhe American Insslhats of Arr-N!. THE C1NCINNA11 INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That THE CINCINNATI INSU ANLL COMPANY, a corporation organized under the laws of dee State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Claris; Janice A, Butler; Scott Taylor; Elizabeth A. Solomon; Shannon C. Schmidly; Mary Ann Justice and/or William Scott Whittcnberg of Fort Smith, Arkansas its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and Nof100 Dollars ($20,000,000.00). This appointment is Heade under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 611, day of December, 1959, which resolution is still in effcct: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CRdCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 81" day of March, 2017. THE CINCINNATI INSURANCE COMP,A NY iT D6MCeAtr i 1 SEAL 0 4 - — Vice President STATE: OF OHIO COUNTY OF BUTLER ) On this 81, day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corpora(ion. •f MARK J. H JI_LER, Attorney at Law NOTARY PUBLIC - STATE OF ONTO My commission has no expiration '�����' TJf �►� dile. Section 147.03 O.R.C. unim 1, the undersigned Secretary or Assistant Secrelary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the abova is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full forec and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 22nd day of February, 2018 c wRm+►tr � ���r __ SLe�retaty F SEAL ax'v BN -1065 (3)17) Bid 18-17, C1y Addendum 1 Date: Tuesday February 12\Z018 To: All Prospective Vendors From: Les K8dSaugh-47S.575�822O— �RE: Bid 18-l7,Construction —Dinsmore Trail Water Main Replacement CITY OF FAYETTEVILLE ARKANSAS This addendumis hereby made apart ofthe 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 5HOULD ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOGATION ON THE SID �QRU 1 This Addendum includes arevised bid form which shall beused byall bidders. Failure tmsubmit the correct revised bid form in printed sealed format shall result inbid rejection. u. 8\ddersshaUsubmitaprinbedphysica|unpyoftheendosedrev!sedbidform,thisaddendum'andaU other required documents b. Bids shall be submitted in a sealed envelope prior to deadline according to submittal procedures outlined inthe Project Manual. NOELE[TRON|[COPIES WILL 8EACCEPTED. Z. The City held anon-mandatory pre-bid meeting asadvertised onThursday, January 25,2O18. Attached isthe Pre -Bid Meeting SQn'inSheet (1 Page). `mevicwwmmmDeaf n»m(470)571-1316 City of Fayetteville, Arkansas Attendance Sheet CITY of FAYETTEV:LLE ARKANSAS ID MP/Riots Description - function (circle one). Bid Opening, Selection Committee Meeting, Pre -Bid, Interview Date: �Time: kL", Ob City z.tl r mai; K ' 17 18 19 20 _ Company Title Phone Email _Name _ _ _ tic C u --- rY` 1 - -- 411 43 404 1 r AQ -r C- r -a r 4011 7-sg�-Yt �!� r.e�.t b �• v ]gy s ,r�,C .vim 5�7� -Q5 ►�r1 i �'�r hylA ra m S �y�cfa.tJtr�C. 1 •I F7 9 52 23 10 11 12. 13 15 15 1s 17 18 19 20 CITY OF FAYETTEVILLE ARKANSAS ADDENDUM NO.1 BID 18-17, CONSTRUCTION - DINSMORE TRAIL WATER MAIN REPLACEMENT CITY OF FAYETTVILLE, ARKANSAS MWYIOIsson Job No. 018 - 0029 Dated January 31, 2018 The Drawings, Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: DRAWINGS: 1. Refer to the Drawings, Sheet C1 - Replace the original Sheet C1 with the attached Sheet C1. Notes have been added to the plan referencing the installation of single meter settings (two locations). 2. RefQ to the Drawings, Sheet C2 - Replace the original Sheet C2 with the attached Sheet C2. A note has been added to the plan referencing the installation of a single meter setting. 3. Refer to the Dravrin 5 Sheet SW 1 - Replace the original Sheet SW 1 with the attached Sheet SWI. A note has been added to clarify the Contractor's responsibility to negotiate any agreement with a property owner for construction activities outside of the existing and permanent easements as shown on the drawings. SPECIFICATIONS: 1. refer to the Specifications Document 00400 - Bid Form - Replace the original Bid Form with the revised Bid Form attached to this addendum. The revised Bid Form includes changes to Article 4 - Bid Price; Bid Schedule, as follows: a. Item No. 5 estimated quantity is revised. b. Item No. 12 description is revised to reflect changes in the tie-in at Station 42+27. c. Item No. 13 estimated quantity is revised. d. Item No. 14 is added to reflect the additional single meter settings added on Plan Sheet C1 and C2. e. Item No. 15 estimated quantity is revised. f. Item No. 15 to Item No. 21 of the existing Bid Schedule are re -numbered to reflect the addition of Item No. 14. There are now twenty-two (22) Bid Items. NOTES OF CLARIFICATION: 1. No temporary construction easement has been obtained by the Owner. All work must be performed within the existing rlghts-of-way and permanent easements, as shown an the drawings. 2. No laydown or staging area has been obtained by the Owner. It shall be the responsibility of the Contractor to make acceptable arrangements with property owners for use of any private property outside of the existing rights -0f -way and permanent easements. The Contractor shall provide proof of any agreement(s) with property owners for temporary use of property. All applicable contract requirements ADDENDUM NO. 1 Page I of 2 City of Fayetteville, Arkansas Bid # 18-17 CITY OF �- FAYETTEVILLE ARKANSAS for cleanup, stabilization, and restoration shall apply to any areas used by the Contractor under such agreement with the property owner for temporary use. 3. The existing 8" waterline material is shown to be cast-iron (CIP). 4. Upon request, MWY/Olsson will provide a quote for construction staking, to the Bidder, which will include the following services: • t gnslruction Staking — Includes staking of the proposed silt fence, the permanent easement line, and waterline centerline with offsets) The undersigned hereby acknowledges receipt of this addendum, which by this reference is hereby incorporated in and becomes a part of the Contract Documents for the above referenced project. PLEASE ATTACH THIS ADDENDUM (COLORED WHITE) TO YOUR BID AND ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED ON PAGE 00400-2 OF THE BID FORM. Company Name Signature Prt5Ide4+ Title S03 Trre4::�rl�, 12aad Address ` fir-. S, Ae- 729 03 City/Statelzip 4701 -/oS J -732 1 Telephone Number Attachments: • Revised Drawings; Sheet C1, Sheet C2, and Sheet SW1 • Revised Contract Document 00400 — Bid Form Addendum No. 1 to the City of Fayetteville, Bid # 18.17 Con§tr.4tion — Dinsmore Trail Water Main Replacement, sealed on January 31, 2018 by: M. Lane Crider, P.E. �S Project Manager MWY/Olsson Associates Axr_rcTvc, TY ,NEER . No. 9233 CR� ADDENDUM NO. I Page 2 of 2 City of Fayetteville, Arkansas Bid # 18-17 a DOCUMENT 00500 — AGREEMENT AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Dinsmore Trail Water Main Replacement Contract No.: , Dinsmore Trail Water Main Replacement THIS AGREEMENT is dated as of the day of —in the year 20_ by and between The City of Fayetteville, Arkansas and '44._ PAX' (hereinafter called Contractor). ARTICLE: I - 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: Construction of a new 8 -inch waterline (to replace an existing 8 -inch waterline) along Dinsmore Trail in west Fayetteville, north of Martin Luther King Blvd. The work shall consist of approximately 4,340 lineal feet of 8 -inch PVC C-900 waterline, tie-ins to existing facilities, fire hydrants, valves, and all other items as detailed and specked for a complete installation. Any use of a third party dumpster or roll off container shall be procured from the City of i Fayetteville Recycling and Trash Collection Division, Use of a Neon -City dumpster or roll off i container is not allowed. Contractor is responsible for obtaining all applicable permits, however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility E.asetnems. Refer to Section 00400 -Bid Form for quantities: I &RTICI.E 2 mi ENGINEER 2.01 The Contract Documents have been prepared by McGoodwin, Williams and Yates, Inc., (Engineer) for the City of Fayetteville, The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to the Engineer in the i FY0362 AGREEMENT 00500 - 1 I n DOCUMENT 00500 — AGREEMENT (continued) 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. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND 1, INA]. PAYMENT: A. 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 final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 180 calendar days alter the date when the Contract Times commence to run. 3,03 LIDZUIDATED DAMAQES. 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 steal I pay The City of Fayetteville Five Hundred Dollars ($500.00) 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 00500-2 FY0362 AGRFEMENT a U MENT 00500 — AQ jR EEMLNT (continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) 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 pity, and the CONTRACTOR agrees to accept, as foil and final compensation for all work done under this agreement, ffe amount based on the unit prices bid in the Proposal (BID FORIM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in 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 shell 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 QF PAYMF.MI'S: } 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 MGMSa PAYMIWrs.RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractors Applications for Payment as recommended by Engineer, on or about the 15th day of each month during FY0362 AGREEMENT 00500-3 DOCUMENT 00500— AGREEMENT (continued) 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 unyts completed) or, in the event there is no schedule of values, as provided in the General Requirements, 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but. in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 5011/o 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 Fork subsequently remain satisfactory to them, there wil I 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. S.03 FINAL PAYMENT: A. Upon final 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. 00500-4 FY0362 AGREEMENT i 0 IXX'tiNI F14T 00501—,A99LL Eiv-1 teontinued) AltTICLE 6 - CONTRACTOR'S RF PRESUNTATIONS 5.01 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. Contrador 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 responsihility 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 F or otherwise which may affect cost, progress, performance, and furnishing of FY0362 AGREEMENT 00500-5 DOCUMENT 00500 —AGREEMENT (continued) the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and I safety precautions and programs incident thereto. r F- Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the i performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terrns and conditions of the Contract Documents, G. Contractor is aware of the general nature of work to be perforated 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 Do,cutnents 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 7,0I EN S: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500-6 FY0362 AGREEMENT U DOCUMLN—T-00U[3-5 --AORMIVIENT(continued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: I. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. 'tw i re tea` 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: Dinsmore Tra]i WqL r Main e qL 8. Addenda numbers to, inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. FY0362 AGREEMENT 00500-7 DOCUMENT 00500 —AGREEMENT (continued) RTWLE 8 - -MISCELLANEOUS 1 8.O1 1 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 A SIG MENT 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 f signed 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 SUCCRS90R5 A1slD•ASC.IGNS. 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 ail covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEV RABILITY. A. Any provision or part of the Contract Documents held to be void or i unenforceable under any Law or Regulation steal I be deemed stricken, and all remaining provisions shall continue to he valid and binding upon The City of i '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 cornes as close as possible to expressing the intention of the stricken provision. 00500-8 FY0362 AGREEMENT i i DQC UMENT00500 -- AGRE M EN'I't continued) I $.05 FREEDOM OF I: FORhAATION 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. sect.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. r. 5.06 LIENS: i A. No liens against this construction project are allowed. Arkansas law f (A,C.A. §§l 5-44.501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas I . 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 j in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two f counterparts each has been delivered to The City of Fayetteville. All porkians of the Contract Documents have been signed; initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf, FY0362 AGREEMENT 00500-9 n DOCUMENT 00500 —AGREEMENT (continued) i This Agmeanent "I be effective on-_ A ri13 201g which is the Effective mate of the Agreement. i CONTRAC"1014Gcel �ttJ �.� {�t���ixiiZ�tiC CITY OF FAYETTEVILLE By: Title: By; LioLield Jordan Title- Mayor_ A� �- _ Attest 00500-10 (SEAL) FY0362 AGREEMENT i DDCUMENT QQ500 — AGREEMENT ( continued) Address for giving notices License No..O Q 9 Agent for Service of process (1f Contractor is a corporation or LLC, aducn evidence of authority to sib's.) Address for giving notices 113 W. Mountain St. Favetteville. 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 QF DOCUMENT 00500 4 F'Y0362 AGREEMENT 00500-11 99/13/2816 14:56 4796462659 HANKINS AND CO PAGE 01/82 STATE OF AR1{ANSAS - OFFICE OF THE SECRETAR'� OP STATE to ,f,5" A AXTICLES OF MonPORATIoN Uo 9 1 aF GOODWIN & GOODwIN, INC. The undersigned, natural persons of the a _ ge of twenty—one years or more, acting as incorporators of a corporation under the Arkansas Business Corporation Act Of' 1987, adopt the following articles of incorporation of such Corporation; FIRST; The Name of the Corporation is: Goodwin & Goodwin, Inc. SECOND. The Purpose oz purgoses for which the Corporation is organized are: To engage in the construction business as a general, contractor and as a Subcontractor, including plumbing contracting, and, general construction, and all types of construction, and tc enter into contracts with property owners for the construction Of improvements on their property and the installatio... of plu:Mbirpg systems and heating and air conditioning systems, and to engage in repair work including repair of Plumbing syst�ns and heating and air conditioning systems and all foysat repair with respect to structures and the systems thereof, rm3aof nd to engage in remodeling work, and to engage in residential construction, 00 mercial, conetructiart, and industrial construction, and to contract with respect to all of such Purposes, and to own real estate and to construct a.mprovemants thereonn and to sell said real estate and to develop ;real estate developments including commercial, residential and industrial real estate deveZalaments, and to enter into 14,1ses with respect to property owned by the corporation, and to Contract with respect to all of the above referenced purpo,,�es, and to conduct any lawful business authorized by tbo. Arkansas Bmsinsss Corporation Act of 1987. The corporation, acting through its Board of Directors, shall be authorized to enter into any general or limited partnership with any other person, firm, or corporation for the purposes of carrying out any of the objects or purposes of the corporation. THIRD: The aggregate number of shares which the corporation shall have the authority to issue is 2,OOD shares. The designation of each class, the number of shares of eacb class, or a statement that the shares of any class are without par value, are as tollows: 09/13/2016 14:50 4796462659 NIJ14BER or SHARES CLASS 2,000 Common HANKINS AND CO FAGt 02/02 PAR VALUE PER SHAPE OR SERIES (IF ANY) ARE STATEMENT I HOUT PA THAT ST�Er None No Par FOURTH. The address Of the initial registered Office of this corporation is: $009 Texas Road, Fort Smith, AR 72903 and the name of the initial registered agent at such address is: Bryan Goodwin FIFTH: The number of Directors constituting the initial Bnarc3 of Directors is 2 and they will serve as directors until the first annual meeting of shareholders or until their successors ars elected and qualified. The number of directors to be elected at a spacial meeting called -for that purpose when shares of this corporation became owned of record by two shareholders, shall be two; and the number of directors to be elected at a special meeting calked for that purpose when shares of this corporation become owned of record by- more than two shareholders, shall be three. The Board of directors shall have the authority to fix or change the number of directors to the extent allowed by the Arkansas Business Corporation Act of x987. SIXTH: The name and address of each incorporator is: NAKE STREET ADDRESS CITY & STATE Bryan Goodwin Boas Texas Road Fort Smith, AR 72943 Sara V. Goodwin 8009 Texas Road Fort Smith, AR 72903 SEVENTH: At all elections of Directors of this corporation, each shareholder shall he entitled to as many votes as shall equal the number of votes which (except for these. provisions as to cumulat:i.ve votinq) he would be entitled to cast for the election of directors with respect to his shares multiplied by the number of dixectorg to be elected, and he may cast all such votes for a single director, or may distribute them among the number to be voted for, or any two or more of them, as he may see fit. DATER: _ /Z /0 1992 SIGNATURE OF r COR ORATORS: Brya Goodw n Sara V. Goodwin 69013/2616 15:61 4796462655 Ito ... ►�M iv 5 CQ)Ar+'ol4e V See;H rar PAG'- 61/09 89/13/2816 15:81 4796462659 H"IHS AND CO PAGE, 02/09 OF �� � =°`�^x�°..p�, J� �m° ����x�x.pr�^~���n"~�� ° AN ARxAN0As coRroRAnm Table of Contents ARTICLE 11 SRAREHOLDERS 1 Section1 ........................................................... Section I Annual '~^~`~~~~'~~^~~^~~~~^^^^'~-~~—.-. 1 sozdcmx2 -.'........ ~..... ....... ....................... 1 0ccdwo 3 ...~... Place of Meetings...'.....^..^—..--^---....'..^.^^-...-... 1 Section 4 Noi''of Meeting ............................................................... 1 Section5 ...'................. ^.... ~,—~-~~~'--- Section6 ........................ . Proxies Section 7 .......... ........ .................................... ..... .................... 2 Voting ofShares Section ..................... ^............................................ 2 Preemptive Rights ............................................... 2 ARTICLE III BOARD OF DIRECTORS°',~~^`^^.^~.,,.-,_..,-`__~ 2 Section, 1 General Powers ................................................................... Z Section 2 Number, Tenure and Qualifications.-.-.-_'----'---.-' 2 Section 3 Regular Mneuugm..................... ....................... 2 Section 4 ___ ~~~^.. Quorum Section5 .~.,~.^.,.,.^^.^'^^~~...'^~`,~.,^.^.~~.^^.,.--'---.— Mariner Acting of ~...^^^^....~^^^°^............................... ........ 3 Section 8 Compensation., ................................. .................................. ARTICLE TV OFFICE3Rg~...................... ............... ............................. 4 Section1 lNumber.~'.^~.~~.^~..,~~^.~.^~^..,...,''~—..^~.._'~-..'.,_. 4 8mcbnn 2 Eleobonand Term of Office ................................................ 4 Section Reooval.~'.^.^.~.^....~^^^^~^^.^.^^.°,,,~'-~-`,,.~-.^~.,,_..-...'-- 4 Section4 Vacancies '..~..,,.'..~'~~.,~.'~^.'-~^.'.^^~,~_.-~,................. 4 @ntimo 5 The President ............................................ 4 .......................... 09/13/2016 15:01 4796462659 HANKINS AND CO PAGE 03/09 ARTICLE V CONTRACTS, LOAN% CHECKS AND DEPOWS section I Contracts-- ................ # ...... I ........... ..... ........ —1 .... —.1 ......... Section2 Loam ..................................................... ............... ............ Section 3 Checks, Drafts, Etc .............................................................. Section 4 Deposits ............................................................................... ARTICLE VI MTMCATM FOR SHARES .................................... Section I Ceitificates for Shares ...................................................... Section2 Transfer of Shares .... ......... ............................................... ARTICLE VII FISCAL YEAR ............ I ...... ............... -- ............... ARTICLE VW SEALS.......................................................... ARTICLE IX AMENDMENTS ............................................................... 4 4 4 5 5 5 5 5 09%13/2016 15:01 4796462659 HANKINS AND CO PACE 04109 BY-LAWS OF GOODWIN & GOODWINS INC. ARTICLE i aFMCES The principal office of the corporation shall be located at 3503 Free Ferry Road, Fort Smith, Arkansas 72903. ARTICLE 11 SHAREHOLDERS Samoa 1 Ax vvA L MF.Enxas The annual meting of the shareholders shall be beld during the fourth week of the marith of January in each year, beginning with the year 1994, at a time convenient to the share>luolders for the purpose of electing Directors and for the transaction of such other business as may catne before the meeting, SEC;'no?q 2 SPECIAL Ma7mcs Special meetings of the shareholders, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the President or by the Board of Directors and shall be called by the President at the request of the holders if not less than one-tenth of all the outstanding shares of the corporation entitled to vote are at the meeting. SEC' ox 3 PLAcz oFMEETtArc The Hoard of Directors may designate any place, either within or without the State of Arkansas, as the place of meeting for any annual or special meeting of shareholders. If tao de:rignadon is made, the place of meeting shall be the principal office of the corporation. Secmm d Novas of MF.EnNG Written or printed notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes fbr which the meeting is called, shall be delivered not less than tett or more than fifty days before the date of the meeting, either personally or by mail, by or At the direction of the President, or the Secretary, or the officer or persons 'calling the meeting, to each shareholder of =ord entitled to vote at such meeting, If mailed, (such notice shall be deemed to be delivered when deposited is the United States mail, addressed to the shareholder at the Shareholder's address as it appears on the stock transfer books of the corporation, with postage thereon prepaid. SECTXON 5 QUORUM A majority of the outstanding shares of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of shareholders. If less than a rnajority of the outstanding shares are represented at a meeting, a majority of the shares so represented r adjourn, the meeting from time to time without further notice. At such adjnumed meetuug at 09/13/2016 15:01 4796462659 HANKINS AND CO PAC-.-- 05/09 which a quorum shall be present or tepres-=4 any business may be transacted which might have been transwed at the meeting as originally notified. SECTION b PRoxia At all meetings of shareholders, a shareholder may vote by proxy executed in writing by the shareholder or by the Shareholder's duly authorized attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting. No pro gy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. SECTION 7 VOTING OFSHARE Subject to the provisions of Se4on 9, each outstanding share entitled to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of sbareholders. $ECTION 8 PREEMPrtaRIGNTS Each holder of shares in this corporation shall have the first right to purcbme :shares (and securities convertible into shares) of this oorporation that may be from tine to i:ime issued (whether or not presently authorized), including shares from the treasury of this corporation, in the ratio that the number of shares held by said holder at the time of issue bears to the: total number of shares outstanding, -exclusive of treastuy shares. This right shall be decreed waived by any shareholder when does not exercise it and pays for the shares preempted within thirty (30) days of receipt of a notice in writing from the corporation stating the prices,' terms and conditions of the issue of shares and inviting said holder to exercise his preemptive tights. ARTICLE M ,BOARD 0MAEC, ORS SKMON 1 GENML POWER4 The business and of irs of the corporation shall be managed by its Board of Directors. SECT ION 2 NUM R, rENNUR& AND QUA LIMA VONS The number of Directors of the corporation shall be two. Each director shall hold offcE, until the next annual meeting of shareholders and until the Director's succcssor shall have been elected and qualified. SECTION 3 REGULAR M-EErINGS A regular meeting of the Board of Directors shall be held without other notice than this try -law immediately after, and at the same place as, the annual meeting of shareholders. The Board of Directors may provide, by resolution, the time and place, either within or without the State of Arkansas, for the holding of additional regular meetings without other notice than such resolution. SEcTioN 4 Quoi?UM A majority of the number of Directors fixed by Section 2 of this Article III shall consf ate a 09/ 13/ 2016 15:01 4796462659 HAWINS " CO PAG! 06/09 quorum for the transaction of business at any meeting of the Board of Directors, but if less than such majority is present at a meeting, a majority of the Directors pmsent may adjourn the meeting from time to time without farther notice. SECTION 5 MAAWER OFACTiNG The act of the Majority of the Directors present at a meeting at which a quorum is present skull be the act of the Board of Directors. SF,cTroN S Compp-vs trroN By resolution of the Board of Directors, the Directors may be paid their expenses, if any, for attendance at each meeting of the Board of Directors, and may be paid a fixed Sana for attendance at each meeting of the Board of Directors. No such payment shall preclude any director from serving the corporation in any other capachy and receiving compensation therefore. St;CTzoN 7 PR1:5uvP77oxoFXssExT A Director of the corporation who is present at a reacting of the Board of Directors, at which action on any corporate matter is skill be presumed to assent to the action taker unless the Director's dissent sball be entered in the minutes, of the meeting or unless the Director shall file a written dissent to such action with the person acting as the Secretary of the meetitig before the adjournment tbereo� or shall forward such dissent by registered mail to the S=nary of the corporation immediately after the adjournment of the meeting. Such rigbt to dissent shall not apply to a Director who voted in favor of such action. AR'T'ICLE IV OFFICERS SECTION I JVUM9FR The officers of the corporation shall be a President and a Secretary, each of whom sball be elected by the Board of Directors. Any two or more officers may be held by the stone person, except the occas of'President and Secretary. SECTION x ELEcvoNANUTE'1woF0FFicr The officers of the corporation to be elected by the Board of Director's shall be elected annually by the Board of Directors at the first meeting of the Board of Directors held aft, ,wh annual meeting of the shareholders. If the election of of nus shall not be held at such meeting, such election she be held as soon thereafter as conveniently may be. Each officer shall hold office until a successor shall have been duly elected and shall have qualified or until the Officer's death or until the Officer shall resign or shall have been removed in the manner be=inafter provided. SECTION 3 UmozAL Any officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors, whenever in its judgment the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the 09/13/2015 15.01 4796462659 HAWINS AND CO PAGE 07/09 person so removed, Election or appointment of an officer or agent shall not of itself-orcate co-ntract righM SECTION 4 V icANVa A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the tem SEMON S PRF DENT Bryan Croodwin is hereby named the President. The President shall be the principal executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the corporation. The President shall, when present, preside at all meetings of the shareholders and of the Board of Dimctora. The President may sign., with the Secretary or any other proper officer of the corporation thereunto authorized by the Board of Dir mto3rs, certificates for shams of the corporation, and in general shall perform all dukes incident to the office of President and such outer duties as may be prescribed by the Board of Directors from time to time. SECTION b TVES,EcPxrARY Sara Goodwin is hereby named the Secretary. The Secretary shall. (a) keep the minutes of the shareholders' and of the Board of Directors' meetings in oue or more books provided for the purpose; (b) see that all notices are duly given in accordance with the provisions of these key -laws or as required by law, (c) be custodian of the corporate records and of the: seal of the corporation and see that the seal of which on behalf of the corporation under its seal is duly authorized; (d) keep a master of the post office address of each, shareholder which shall be furnished to the Secretary by such shareholder; (e) sign with the President, or E. vice Pre;;ident, certificates for shares of the corporation, the issuance of which shall have been authorhzed by resolution of the Board of Directors; (f) have general charge of the stock transfer books of the corporation; and (g) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or by the Board of Directors. SECTION 'i SALARIES' The salaries of the offic$rs shall be fnccd fiom time to time by the Board of Directors and no officer shall be prevented from receiving such salary by reason of the fact that the officer is also a Dimctor of the corporation. ARTICLk; V CONTRACTS, ,LOANS, CHECKS, AND DEPOSIT ' SECTION 1 CONMACIS The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract, to execute and deliver any instrument in the name of and on behalf of the corpomdon, and such authority may be general or confined to specific instances_ 09/13/2016 15, 01 4796462659 HANKINS AND CO PAGE 08/09 SECnON 2 LOANS No loans shall be contracted on behalf of the corporation and no evidences of indebtedness shall be issued in its name unless autho6zed by a resolution of the Board of Directors. Such authority may be generall or conftod to specific instances. SWTION 3 CHEcm, Dwn, Rrc. All checks, drafts, or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation shall be signed by such offiG;x or officers, agent or agents, of the corporation and fit such manner as shall from time to tictte be ieternuncd by resolution of the Board of Directors. S EmoN 4 Drposm All Hinds of the corporation not otherwise employed shall be deposited from time to' me to the credit of the corporatiod in such banks, trust companies or other depositaries as the Bo=sd of Directors may select. ARTICLE VI CER TIFICAM FOR SHA.RESAND SIR TRANSFER SECTION i CER77P1C4MFd,RS AR 5 Certificates representing shares oftbe corporation shall be in such form as shall be determined by the Board of Directors. Such certificates shall be signed by the itesidcnt and by the Secretary, All certificates for shares shall be consecutively numbered or otherwise idrmtified. The name and address of the person to whom the shares represented thereby are issued, with the number of shares and date of issue$ shall be entered on the stock transfer bo3ks of the corporation. All certificates surrendeTcd to the corporation for transfer shall be canceled and no certificates shall be issued until the former cerdficate for a like number of shares Ishall have been surrendered and canceled, except that in case of a lost, destroyed or mutilated certificate, a new one may be issued therefore upon such terms and indemnity to the corporation as the Board of Directors may prescribe. SECTION Z TR4NSFER OFTSHAREs Transfer of shares of the corporation shall be made only on the stock transfer books of the corporation by the holder of record thereof or by a legal tepMwnt4ve, who shall fim sh proper evidence of authority to transfer, or by an awmay thereunto authorized by power 1)f attorney duly executed and filed with the Secretary Of the corporation, and on surrender for c;rnceilation of the certificate for such shares. The person in whose name shares stand on the books of the corporation shall be deemed by the corporation to be the owner thereof for all purposes. ARTICLE VII FISCAL YEAR The fiscal year of the corporation shall begin on the first day of January and end on the thirty. first slay of December. 09!1312016 15:01 4796462659 HANKINS AND CC PAGE: 09/09 ARTICLE IX SE4 L The Board of Directors shall provide a corporate seal which shah be circular in form and shall have inscribed thereon the name of the corporation and conditions provided by law. ARTICLE M AAMNPMEA7S These by laws may be altered, amended or repealed and new by-laws may be adopted by unanimous vote of the Board of Directors at any regular of special meeting of the Board of Directors, or by affirmative vote oftwo-thirds of the outstanding shares, The fbmgoing by-laws of the corporation were adopted by the Board of Directors on this I P day of .lune, 2003. DMECTOR 6 0 N _ ASSOCIATES March 6, 2018 Mr. Tim Nyander, Utilities Director City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 Re: Recommendation of Award Construction — Dinsmore Trail Water Main Replacement City of Fayetteville, Arkansas Bid No. 18-17 Dear Mr. Nyander, As you are aware, bids for construction of the above -referenced project were received on February 22, 2018. The apparent low bid was submitted by Goodwin and Goodwin, Inc. of Fort Smith, Arkansas in the amount of $292,955.00. A total of four bids were received, and the bid totals are shown below: Bid Amount Goodwin and Goodwin, Inc. $ 292,955.00 Goins Enterprises, Inc. $ 350,195.00 Brothers Construction, Inc. $ 384,310.00 Seven Valleys Construction Co., Inc. $ 399,920.00 A copy of the certified bid tabulation is included for your reference, along with a copy of the lign- in sheet and a bid recording form from the bid opening. Our most recent opinion of probable cost prior to the receipt of bids was $482,515.00. We have reviewed the qualifications submitted by Goodwin and Goodwin, Inc. and reviewed their references and recent projects. Based on the information furnished and available, we believe them to be qualified to complete the work related to this project. While we have no way of verifying the present financial condition of Goodwin and Goodwin, Inc., the contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of the Notice to Proceed for construction. Therefore, we recommend that Council award this contract to Goodwin and Goodwin, Inc. in the amount of $292,955.00. We trust that the Council will concur with this recommendation. If you have any questions or need additional information, please do not hesitate to contact us 302 East Millsap Fayetteville, AR 72703 TEL 479.443.3404 FAX 479.443.4340 Respectfully, �-". i. 1 Lam-' -_ - � M. Lane Crider, P.E., LEED AP Project Manager www.olssonassociates.com I W. CITY OF FAYETTEVILLE Aa KANSAS Lioneld Jordan, Mayor :v:­t)erofAdde1dum5 1 Construction - Dinsmore Trail Water Main Replacement 9 d S' 1817 Official gid Tabulation Certification of Funds: $603,374.00 Max Bid Award Limit: $754,218-00 6idNo 18°7 Dat : 2 22 20,18 Tame: 2 00 PM i Seven Yal;MCDAZi coon, Brothers Construction, Inc Goins Enterprises, Inc Goodwin & Goodwin, Inc. Co , 1n -v fleet Est�ma?ed R1Y UmE P':ce ! Amours; Amout A- :.:,:-, I Amount ! Ura Price III :; `:2 fr I N� Desmpt,on t U.'tf IMob,0:eahon (shall not exceed 5M1 1 ce Unit Pr.ce , Of Tnlai Oid? Insurance and Bondin LS LS 1 $ 16. DOC CO 1 i ; 25,000 00 1 1 5 20,0,00 CL 5 16.000 00 5 15,ODO 00 . 5 15,000 .DO I $ 12, D00 00 , > 12,000 00 6 K'X; CG $ 6,50000 5 25,fltlD 00 5 6,7,00 CO 6 -11110 -T. f S 10,00000 5 0,000 00 $ 7,000 CG S 7.000 00 S X0.006 oG 5 8 SCC 00 $ B. 00 $ 3 C00 00 S 3,0,00 GO $ 8.[100 00 $ FI 3 _ Construction ConUoi (Sakln I LS ICearmg, Grubbing,&Demolition L 1 I $ 22,000 G0 4,210 I $ 3900 S 22,000 COt 5 10,00000 :.0,"'LXX � 5 165,360 DO' S` L:4' $ 15,0130 DO $ 3700 $ 15,00000 $ 12,00000' 000 00 S 12,00000 - 8" PVC, C 900 DR -14 Water Main LF 5 156,880 DO $ 't8 Lxj� . "� i, i2u XF F _ - Compact Du Rile Iron Fr^ings, mc.'udinq M:egalug Restraints, as LBS !,WO 1 5 600 5 6,00000 5 1000 5 .J'Xv_'U i ss 0 S B'WoCIO 11 tY3 $ 13,00000 , comalete,ahtir _S ^i�(113[I $ S,;00 00,y 2,_200 Co n :,C, ;''C r "- j 12Sr; :t7 can i S 540000 p-- $ ).QW DO.Esi50 00 -Way Fire Hydrant y,wdhva!ve,comcletem V�d EA 5 $ 5,10000 $ 25, Soo 00 S 5,0000] 5 25OOo 0015 bRCC COTS 24,00000.-.R.rlx Existing Fife Hydrant and ., ,x. EA 5 1.000 Oo , $ 5,00000 $ 250 DC $ 1,250 00 S 400 00 5 2.000 00 ; r:.of7>rir�4e. > :; 5 b i-3?; € 1 1 I , 10 2" Comb•nat.on Air Release and - - VacuumValveAssemb!y, EA 1 I i 2,50000.;^:.; 01 5 2,50000 5 2,500001 $ -.i=ills r?: l i 2,00000 $ 2,10000 5 2,10000 complete in ?lace r i 11 Sta0r00 Tie to existing water main, including B"x8" rapping sleeve and valve, complete in LS t i ?,.DFD DO 5 :1,000 oo 5 5.0Co ; :, AX ii:_ 00 $ ',Wo Ge 5 4.000 DO 5 6,000 DO 5 ri;JCRi 00 place r .a`sr: LS 1 5 4,00000 S {._110000 5 59(X100 $ 5,00000 '. t:;"1=Tx' S 4,(XJG Co $ 6,50000 r- is a+ Single Meter Setting, including pressure reducer and Plumber's connection to existing service EA = S 1.20000 'S 6,00000 5 2.500139 $ L,SDOW 5 1,30000 5 6,50000 $ ],75000 $ 8,75000 r"ne, complete in place i4 ISing;e Meter Setting, Complete In place E fA 3 5 1,1000C1 5 3,30000 $ 1,7000 $ 5,10000 S '00000 > 3,00000 5 1,20000 S 3,600011 15 Rvmovc Existing Meter Setting and deliver to Owner EA 5 5 20000 $ 1,1X,0 DO 5 15000 5 7SO 00 S 150 00 $ 750 00 > :3<' 3!R7 5 !_AJ i (Xi 16 Cul and Cap Existing 8" Water lvlalr I LS i 5 .3,000d-11 $ 3.00000 5 3,50000 $ 3,500 DO 5 1. 5003 or5 1,50006 $ 2,O0F3 IX1 $ 2,00000 :Reconnect Exist:ng Service Lne to f .new 8" Water Mam, including 582 bacAhil and surface repair, EA 3 $ '50000 S 4,500 OC S 2.20000 66C;D)C. 5 +_, 800 oC 5 5,4001X1 5 1,75000 5 5,25000 compiete in place 2" HDPE Bored Casing, ,nc luding J 1' water service Lne and LS + $ 7,500 00 5 15,000 00 5 1,50000 S 3,000 DC 5 2,200 00 $ 4,400,00 $ 3,40000 5 6,800.00 connexion to exist'ng meter I 1 19 Asphait/Concrete Pavement and r Driveway Repair, inciuding SB2 Dose material as necessary, LF 125 S 80 Go S 10 DOC OO ! $ S500 $ 6,875 00 $ 3500 $ 1,37500 ($ 50 00 $ 6,250.00 .ornlete in place 713 Rp Rao for D lch Crosson 'TON 150 ' ; ; ;:{.' i j 6,750 00 1 S 40 00 6,Den nn . S 55 CO $ B.250 CO 1 5 6r- 5 9 Ow 00 No T Dues: iar.on Es: mated UnitA^'�Jq 4!V Brothers Construction, Inc. Un�1 Goins Enterprises, Inc- Urot Pace I Al -lout ! iGoodwin I I &Goodwin. Inc. A'OUM Jilt Pr Ce Seven Valleys Construction, . Co., Inc I Ulu Price Annum 2l SedrCor rnrant ro' Erosion Cont: of �-nd 1 S, -,e 8esmraaon, and Icd-mirdI& w-th NPOES I S:011,vater Pe--,-. and (hP LS 1 , ' $ 2.1,CC0 CO 5 2r1,O1CO CO 5 18,000 OC 5 i8,C00 CO $ 12,CC0 00 $ 12,000 00 $ 1S,01310 00 j 15,000 CO Co^+o,ehens ve Besr i I Manage -:en, Pramces Plan (CBMPP) 22 Act 29., 1993 Trench and j E>tcava" n Safely iys:em for LS _ 5 10,000 CO j .0,0 00 00 $ 10,000 OC t > 10 000 00 5 500 00 $ 500 CC 5 8.00000 j 8,00000 Water and Sewerlrn[a:latvn� I TOTAL BASE BIDI $ 38,31000 ` ! $ 292,95500 5 399,92000 •Hiith;•dht"A Notes CArre"ed Caiculat:an frm, CERTIFIED A , i _ .' CPPB, Purchasing Manage, .fi 0•S n 1 City of Fayetteville, Arkansas Attendance Sheet CITY OF FAYETTEVILLE ARKANSAS �I) UP/R_FQ0: Description: D� ijins ve_ri,� oun Repl�n� e Function (circle on• Sid {7ttl ni:tg Seigtltpr� Committee Meeting, Pre -Bid, Interview T Date: na k&r�ii /704'9 Time:a:0(7-PM sue:a::.ci:.a»�'saarer..dc s: rn. Name Company Title Phone _ Email 1 ��� au3� — �� lr �t[1 548- �`�Cr�.� 1pl'1C. -g O(aL►, 3 �.rnm►.'4S • - –�� i�E__ J Z bG,�-rr:,cC K31L�{#IU.CI 23.1 S L! ,;� C� !_•F: _C,a • n _.— %•_: _:j1, - `l'z `!L !7� •. qtr+_= l ,„r�:..�� C o.-.. 6}� PdAIA —19.3 7 10 - _ -- 12 13 14 16 17 T 18-- CITY OF FAYETTEV ARKANSAS Bid 18-17, Construction - Dinsmore Trial Water Main Replacement d: 18.17 Date: 2.22.2018 Time, 2:00 PM Bidder Total Base Bid Bid bond Included Addendum Acknow1od m 4384,310 ✓ ✓ air7� = S 35� r (oa5 ✓ %/ �cood��n�i C-,00dwin, ��• -�a4��9S5 ✓ ./ �ven 0041 'S 3991910 CQv r; fed a 5•�. RECEIVED MAY 16 2018 CTTM C FAY S EVILLE SPECIFICATIONS AND CONTRArMsMUMENTS OWNER CONSTRUCTION - DINSMORE TRAIL WATER MA -IN REPLACEMENT FOR THE CITY OF FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE BID #18-17 MWY PROJECT NO, FY0362 �F At McGoadwfn. WI111ame and y -- Yates. Inc. --� J No.132 S EN������ 111111111����� January 2018 Bid Documents Mdoodwin Williams & Yates Engineering Confidence Fayetteville, Arkansas © 2018 McGoodwin, Williams and Yates 4."NAS REGISTERED PROFESSIONAL ENGINEER No -9233 NE CHANGE ORDERS �� Construction — Dinsmore Trail WATER MAIN REPLACEMENT CITY OF FAYETTEVILLE, ARKANSAS PROJECT NO. FY0362/018-0029 No. Amount Added or Deducted Adjusted Contract Amount Days Added to Contract ORIGINAL CONTRACT AMOUNT/ DAYS $ 150/180 CO 1 CO 2 WATER MAIN REPLACEMENT CITY OF FAYETTEVILLE, ARKANSAS PROJECT NO. FY0362/018-0029 TYPE EXPIRES RENEWED TO General Liability '5V/04201$ Automobile Liability Umbrella Liability Workers Compensation Builders Risk/Installation Floater Professional/Pollution Owner's/Engineer/s Protective Liability Commercial General Liability OCP GOOD&GO-02 LINDA ACORO° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ 2018 05/0812018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BHC Insurance 5500 Euper Lane P.O. Box 3529 CONTACT Linda E. Thomas NAME: PHONE o, Ext): (479) 452-4000 117 A/c, No :(479) 484-5185 EADDARIEss: lindathomas@bhca.com Fort Smith, AR 72913-3529 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Company 10677 CPP0874683 INSURED INSURER B: Cincinnati Indemnity Company 10677 INSURER C : Goodwin & Goodwin, Inc. INSURER D: 3503 Free Ferry Road Fort Smith, AR 72903-1787 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF DDIYYYYI POLICY EXP (MMIDDfrMi LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [�] OCCUR X X CPP0874683 08/06/2017 08/0612018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 500,000 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a jpeT 1-1 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CO acccS iden INGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO X X CPA0874683 08/06/2017 08/06/2018 OWNED SCHEDULED AUTOS ONLY AUTOS SSyy BODILY INJURY Per accident $ PRacatlenIDAMAGE $ X Ep AUTOS ONLY X AUTOS ONNLY A UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE X X CPP0874683 08/06/2017 08/06/2018 DED I X I RETENTION $ 0 $ B AND EMPLCOMPENSATION YERS' N A TIOITNY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED? ❑Y Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X EWC 045 08 61-00 08/0612017 08106/2018 X STATUT ERH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 A Installation Floater CPP0874683 08/06/2017 08/06/2018 Limit 3,953,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Installation Floater - $500 Deductible applies Bid 18-17, Construction Contract - Dinsmore Trail Water Main Replacement City of Fayetteville, Owner, and McGoodwin, Williams and Yates, Engineer, shall be included as an Additional Insured by endorsement GA233 (02/07) on the General Liability policy and by AA4171 (11/05) on the Automobile where required by written contract. Umbrella policy follows form; Coverage shall be primary and non-contributory with respect any other insurance or self-insurance programs afforded to City of Fayetteville where required by written contract. Waiver of Subrogation applies in favor of City of Fayetteville, Owner, on all policies where required by written contract. Thirty Days' Notice of Cancellation except ten SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) . ©1988-2015 ACORD CORPORATION. All rights reserved.' The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Fayetteville, Owner City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 113 West Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) . ©1988-2015 ACORD CORPORATION. All rights reserved.' The ACORD name and logo are registered marks of ACORD -___00041 ACORO° AGENCY CUSTOMER ID: GOOD&GO-02 LOC #: 1 ADDITIONAL REMARKS SCHEDULE LINDA Page 1 of 1 AGENCY NAMED INSURED , HC Insurance Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903-1787 POLICY NUMBER Sebastian EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: days for non-payment of premium will be provided in favor of City of Fayetteville in the event of cancellation, non -renewal and/or impairment of the Contractor's policies. Workers Compensation Form WC000308 - Partners, Officers and Others Exclusion Endorsement applies to Bryan Goodwin. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMr-NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY' BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Pa-ge, 1 Employee Benefit Liability Coverage ................................................ ...................... ................... .............. 2 2. Unintentional Failure to Disclose Hazards ...... i .................................................................................... 3. Damage to Premises Rented to You .............. 10 ............................................... ................................... 8 4. Supplementary Payments ......................................... .............. ........ ............ : ...... a .......... ................. .. 9 5. Medical Payments ........................................................ "...9 ......... ..... ........ ... .. .. 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) .....................................'''**"­­* ........ 7. -1 8O Day Coverage for Newly Formed or Acquired Organizationsons... 8. Waiver of Subrogation ................................................................. ............................ ......................... 10 9. Automatic Additional Insured - Specified Relationships: ..................... ..................... 4 .............. 1.0 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits,- and Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ...........:.....:.......:.....:.::..:..14 11. Property Damage to Borrowed Equipment ................................................................. ! ...... ............. 14 12. Employees as Insureds - Specified Health Care Services: ...... ................ ........ 14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence ................................ ............................................ ....... .......... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ - 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. . $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ .1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability_ Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles:( Each Occurrence) Coverage. A. $250' Coverage b. $250.unless otherwise stated COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a) Area Payroll (For Limits in Excess of (For Limits in Excess of a. The following is added to SECTION I b $5,000) $5,000) Liability Coverage. c Gross Sales (1) Insuring Agreement ity to pay sums or perform (d� Units (a) We will pay those sums that unless explicitly provided for the insured becomes legally .4 Other obligated to pay as dam- ments. b. Care, Custody (b) This insurance applies to sured, or of any other per- $ or Control ror or omission, is negli- gently committed in the sured is legally liable, to . which this insurance ap- "administration" of your "employee TOTAL ANNUAL PREMIUM S 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- limit of insur- plicable1, Employee Benefit Liability Coverage tY 9 ansa in the payment of arein a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- gently committed in the sured is legally liable, to . which this insurance ap- "administration" of your "employee plies. We will have the right benefit pro - and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) . You did not have report of an act, error or knowledge . of a claim or "suit' on omission and settle any claim or "suit" that may re- or before the ef- sult. But: festive date of this endorsement. 1) The amount we will pay You will be for damages is limited as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or 'suit' when any 2) Our right and duty to "authorized repro - defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- i) Reports all, or formance of investment Taxes; fines or any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3) Advice given to any Code or any similar state or or any other person with respect to insufficiency of funds to insurer; that person's decision UEmployment-Related ) any plan included in the to participate or not to "employee benefit. pro- ii) Receives a participate in any plan any: written or ver- included in the ' em- ance of Investment / Ad- . bal demand or ployee benefit pro- (2) Termination of em - claim for dam- gram". Any claim based upon: ages because 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- of the act, er- (f) Workers' Compensation 2) Errors in providing in- ror or omis- and Similar Laws tion or other employ - sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the rnaldatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- This insurance does not apply rity or disability benefits law or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of "Bodily injury", "property liability imposed on a fiduck ary by the Enmployee Re - damage" or personal and tirernent Income Security advertising injury". Act of 1974, -as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent; criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, including the willful or reck- are available, with reason - less violation of any statute. able effort and cooperation of tho` Insured, from th. ap= Failure to Perform a Con- plicable funds accrued: or .(c) tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes; fines or tract by any insurer. .penalt'ies; including those iFriposed (d) Insufficiency of Funds under ttie Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under UEmployment-Related ) any plan included in the Pratics "employee benefit. pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice. Given With Respect (2) Termination of em - 'to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or in- Your trustees are also in - sureds, but only with re- 4 Consequential liability () q ty spect to their duties as as a result of (1), (2) or trustees. (3) above. (2) Each of the following is also an This exclusion applies PP insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or employees" having proper temporary authori- (3) Supplementary Payments zation.. to administer your SECTION I - COVERAGES, " employee benefit program" if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. (c) Your legal representative if b. Who is an Insured you die, but only with re - As respects Employee Benefit Liabil- spect to duties as such. That representative will ity Coverage, SECTION II - WHO IS have all your rights and du- AN INSURED is deleted in its en- AN ties under this Coverage and replaced by the following: Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac - quire or form,. other than apart - (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership. conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover - (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac - but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but only with re- C. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity "Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, joint venture tirety and replaced by the following: or -limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- executive officers" and di- ance, 1. Employee Benefit Li - rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most. we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Clainw made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages any one "em - makingby making claims or bringing "suits"; ployee", including such employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1 Our right and duty to ) is the most we will pay for all defend .the insured damages because of acts, er- again against an "suits" or omissions negligently 9 those dam - committed committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of .Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage. of application of the deductible this endorsement is the most We amount. will pay for all damages sus� tained by any one "employee% (d) We may pay any part or all including damages. sustained by of the deductible amount to such `employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" :and, upon (a) An act, error or omission; or notification -of :the action taken, you shall . promptly (b) A series of related acts, er- reimburse us for such part. rors or omissions, regard- of the deductible;amountas less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligently committed in the "em- As respects Employee Benefit Li - ability Coverage, SECTION IV - loyee benefit of your ployee benefit program". COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and . will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit. is deleted in its'ehlir6ty and apply to the payment of benefits "em- replaced'by the following: in any plan included in the ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- fied as soon as practicable of an act, ages ages applies only h the surea error or omission which may result in amount of damages in ex- claim. To the extent possible, no - tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under 2 Notify us as soon as practicable. () fy p this approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has paid its applicable limit soon as practicable. of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surance to the total ap- gation or settlement of the claim "suit"; plicable limits of insur- or defense against the ance of all insurers. and (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un - or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of this Coverage Part. sured's own cost, voluntarily make a payment, assume any obligation, or , e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other in added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees"; including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or �Y scope of "employee This insurance is pri- benefit programs",- mary except when c. b.. Interpreting the "em - below -applies. If this ployee benefit pro - insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro - will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or below. terminating any 'em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 02 07 iii any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy. and sell pro - a. Handling payroll de- grams; leave of ab - sence programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- surance, social security (2) The following definitions are benefits, workers' com- deleted in their entirety. and re - pensation and disability placed by the following: benefits. 21. "Suit' means_ a civil pro- 2. "Cafeteria plans" means ceeding in which money damages because of an pplan authorized by applica- ble law to allow "employ- act, error or omission to ees„ to 'elect to pay for cer- which this insurance applies "Suit” Iain benefits with pre-tax are alleged. includes: dollars. a. An arbitration pro= 3. "Employee benefit pro- ceeding in which such damages are claimed grams" . means a program providing some or all of the and to which the in- following,benefits to "em- sured must submit or does submit with our ployees, whether provided "cafeteria consent; through a plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - cee ding in which such group accident or health insurance; den- damages are claimed tail, vision and hearing and to which the in - sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee." means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock subscription plans, SECTION IV - COMMERCIAL GENERAL provided that no one LIABILITY CONDITIONS, 7. Represen- other than an "em- tations is hereby :amended by the addi- ployee" may subscribe tion of the following.: to such benefits and Based on our dependence upon youe such benefits are made representations as tol existing hazards, if generally available to "employees" unintentionally you should fail to disclose. all who all such hazards at the inception. date.'of are eligible under the your policy, .we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure, ance, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 3. .Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph pans o'n; oror ex - 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is. hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through do not I 9 q� apply secretions, , o- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow - b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or I- COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, IITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": ' other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that.. leaks or flows ;from plumbing., heat 2) Loss caused by or re- irg; air conditio.n.ing,. or fire sulting from any of the protection' systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; b Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self;. (d) Loss to or damage to: C) Smog; • 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist as in the investigation or defense of the claim or "suit", including. actual loss of earnings up to the limit shown In Section. S. Umits of Insurance, 4.1b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- menis of #his endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" :to: property of others arising out: of op erations incidental to the insured" business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COW ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described. therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement: These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- anae, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will: pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in. Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The . limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; S. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION 11- WHO IS AN INSURED: (1) Any person or organizatlon de- scribed in Paragraph: 9.a.(2) below (hereinafter referred to as additional insured) whom. you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) . Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision, of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The .manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations in the product made intentionally new construction or, by the vendor; demolition operations performed by or on be- d) Repackaging, un - half of such additional less unpacked insured. ., solely for the.pur- (b) Any person or organization pose of inspection, demonstrati on, ti from which you lease testing, the' equipment with whom you substitution of have agreed per Paragraph. parts parts under in- 9.a.(1) above to provide in- ions from the strucmanufacturer, surance. Such person(s) or and organization(s) are insureds then repackaged solely with respect to their in the original liaksility, arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organ ization s(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under - (c) Any person or organization takes to make in e usual course theof (referred to below as ven- in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only .with re- "bodily ucts; spect to injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product apply to: a) "Bodily injury" or g) Products which,'after. distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- sumption of liabil- part or ingredient a contract y in agreement. of any other thing or substance by or aThiss for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would. sured person- or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the 1. ing out of operations products- performed for the state completed 'opera- or political subdivision. tions hazard" has been excluded {f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- d An state or political subdi- () y P ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, rent or control and to which age Part. If there is no written contract or agree- this insurance applies: ment, or if no period of time is required by the Airitten 1) The existence., mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), {d), tenance,(e) or use of any and (f) does not apply to "bodily "property elevators elevats covered by injury", "personal this insurance. damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their. 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur - issued a permit. nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 c,. the additional in- spects any other insurance sured; or policy issued to the addi- 2) The rendering tional insured, and such other=insurance policy shall failure to render,, anyy be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance.., surveying services, in- insurance policy that is cluding: (b) Any insurance: provided by a) . The preparing, this .endorsement shall be primary to other insurance approving or fail- available tothe additional ing to prepare or insured except: approve maps, cess. shop drawings,. 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other.valid and spection, archi- collectible insurance tectural -or engi- available to the addi- neering activities. tional insured as an 3) "Your work".for which a ,additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been :provided by the primecontractor-project written on an excess manager or owner of basis. In such case, the coverage provided the construction project under this enclorse- in which you are in- volved. ment shall also be ex - cess. b..Only with regardto insurance pro- (2) Condition 11. Conformance to vided. to an additional insured desig= Specific Written. Contract' or riated under:Paragraph 9.a.(2) Sub - Agreement is hereby added: (Q above,. SECTION III - rragraph MIIT, OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement . insured are those specified :in th:e, With respect. to additional: v ritten contractor agreement or in insareds described in Para - the, Do.Chrations: of #his Coverage graph 9.a.(2)(f) above only: Part, whichever are,,Wss,. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured. are specifies that coverage for those specified in the Declarations of the additional insured:. this Coverage Part. The limits of in- Be pre In- surance are inclusive of and not in addition addition to the limits insurance Of - Services Of - of shown in the Declarations. fic9sur additional insured form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this your work"; insurance is primary and / or noncontributory as re- and where the limits or cov- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract. or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added. to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions. of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3). and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the. insurance pro- vided by this section of .the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1(d) of SECTION 11 - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'oc- currence" or offense took place; kL) The names and addresses of any injured persons and wit- nesses; and' (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense, This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following:. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, I Endorsement Effective: Policy Number: 08-06-2017 CPA 087 46 83 Named Insured: GOODWIN & GOODWIN INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, i. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written 66ntract has been eit®cuted prior to the °lipdily injury" or "property damage" AA 4171 11 05 •CITY OF FAYETTEVILLE ARKANSAS ADDENDUM NO. 1 BID 18-17, CONSTRUCTION — DINSMORE TRAIL WATER MAIN REPLACEMENT CITY OF FAYETTVILLE, ARKANSAS MWYIOlsson Job No. 018 — 0029 Dated January 31, 2018 The Drawings, Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: DRAWINGS: 1. Refer to the Drawings, Sheet C1 — Replace the original Sheet.C1 with the attached Sheet C1. Notes have been added to the plan referencing the installation of single meter settings (two locations). 2. Refer to the Drawings. Sheet C2 — Replace the original Sheet C2 with the attached Sheet C2. A note has been added to the plan referencing the installation of a single meter setting. 3. Refer to the Drawings. Sheet SW1 — Replace the original Sheet SWI with the attached Sheet SW 1. A note has. been added to clarify the Contractor's responsibility to negotiate any agreement with a property owner for construction activities outside of the existing and permanent easements as shown on the drawings. SPECIFICATIONS: 1. Refer to the Specifications, Document 00400 — Bid Form — Replace the original Bid Form with the revised Bid Form attached to this addendum. The revised Bid Form includes changes to Article 4 = Bid Price; Bid Schedule, as follows: a. Item No. 5 estimated quantity is revised. b. Item No. 12 description is revised to reflect changes in the tie-in at Station 42+27. c. Item No. 13 estimated quantity is revised. d. Item No. 14 is added to reflect the additional single meter settings added on Plan Sheet C1 and C2. e. Item No. 15 estimated quantity is revised. f. Item No. 15 to Item No. 21 of the existing Bid Schedule are re -numbered to reflect the addition of Item No. 14. There are now twenty-two (22) Bid Items. NOTES OF CLARIFICATION: 1. No temporary construction easement has been obtained by the Owner. All work must be performed within the existing rights-of-way and permanent easements, as shown on the drawings. 2. No laydown or staging area has been obtained by the Owner. It shall be the responsibility of the Contractor to make acceptable arrangements with property owners for use of any private property outside of the existing rights-of-way and permanent easements. The Contractor shall provide proof of any agreement(s) with property owners for temporary use of property. All applicable contract requirements ADDENDUM NO. I Page 1 of 2 Cityof Fayetteville, Arkansas Bid # 18-17 CITY OF FAYETTEVILLE ARKANSAS for cleanup, stabilization, and restoration shall apply to any areas used by the Contractor under such agreement with the property owner for temporary use. 3. The existing 8" waterline material is shown to be cast-iron (CIP). 4. Upon request, MWY/Olsson will provide a quote for construction staking, to the Bidder, which will include the following services: • Construction Staking — Includes staking of the proposed silt fence, the permanent easement line, and waterline centerline with offsets) The undersigned hereby acknowledges receipt of this addendum, which by this reference is hereby incorporated in and becomes a part of the Contract Documents for the above referenced project. PLEASE ATTACH THIS ADDENDUM (COLORED WHITE) TO YOUR BID AND ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED ON PAGE 00400-2 OF THE BID FORM. Company Name Signature Title Address City/State/Zip Telephone Number Attachments: • Revised Drawings; Sheet C1, Sheet C2, and Sheet SW1 • Revised Contract Document 00400 — Bid Form Addendum No. 1 to the City of Fayetteville, Bid # 18-17 Construction — Dinsmore Trail Water Main Replacement, sealed on January 31, 2018 by: M. Lane Crider, P.E./Film "'r Project Manager A NAS MWY/Olsson Associates Via7O�w%r. �GINEER No. 9233 ADDENDUM NO. i Page 2 of 2 City of Fayetteville, Arkansas Bid # 18-17 Him I MIL, ------ _------------- -~ -_.1' \ ��Tati�.. -v_•:o 9....�nc ��..-��'� � y�'�� .. Mm —.__-- __ _. —__.—_ ._._.... .__—_—._._—._ ___.._ ..... .. ....._._.._.._' .....-I -- ''--....._......1...........I.._...— ! �—---._I...__:_...__........_...................... .......................................I.--1— —i .._....... 1 —! -- —"—' --- —'— — 1 ' 1——1..._..— — " — —" — II I 1...........'..._.._ �.. _'._._.. ..__._�....._..........._...._ �� - I ! ._!..- . m -I l i........... I i..... I !_.!_._._l._....._.........__.... _.... .... ....... ! _.. .......; ... I .. - -= -" - -" I I I I I .... __._� ! I .. _ _.._ ........... 1__.._...._..__.,_...__.._............................._4_.. ! 1........_..�._........_!.._..1 -J---I--....-'I__._........1 ............._. ... _ .. I . --' a, g3 gg pe � ig ag ei a§ 44 cq ZZ 9j ti eg 99 da Ba 44 c we wnrea ung ' a m�su�oam•a F-TEILLE.aEE�K—1 ti ne Mc6ttEmle llmltueBRetet PLAN AND PROFILE .m. '\.•.. FYO362 w^�• STA 0.00-9.00- C1 m.r .` aE o.rz er oEsoavnan -4.x o—.--.�— Him Y.c tFG-� —— r'�''7 �--• J ' .m \ t\- ..._._ __._.-----.........._ ._. ...__.—__ — ___..__. — i._..._..i.......l::__i ISR- -- ... !--L_� i.. .... .�- - x I .I I -i....._ }.—........... - - -' .. -' -- - a .... I. I 1_ i......... j — —1 I g ........... -- .......... V _...._. i . _.._..i_.__._ ............i....._....:.-'- - -....1-.__.a __ _ .. - ' ~ 1 - --- - - --i --moi -- -- a yg 69 as es ea " as eg e'a gg •iia ua eg ae ig iie e@ gg a wo wn r•a >a ..r .,.. n.m u-. .w CPVC WHiER UNE •••m ...a w o-. .,.m .w. .w Z 77 � c� .vwmw �¢00mil.w ...a .,r o�xSucaE .rtu n'n TR uun'v maµ El:i �� lluIt 99ai12 PLAN AND. PROFILEd PLAN AND PROFILE n RC o.rt ar xsaivnox F70;6 �<..rtm m--•..—.-- STA 9-00 - 18 00 CZ M.; SO -pi I .' r;6�p�•���mus,i mu... o— -- r �!'ER u�H aEPI�CEUEt�i E ttl'Ew:tE. NK/.x.�5 SWPPP PLAN SW1 DOCUMENT 00400 - BID FORM Contract Name: CONSTRUCTION - DINSMORE TRAIL WATER MAIN REPLACEMENT Bid Number: 18-17 FOUDIK61 Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an 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. FY0362 BID FORM 00400-1 DOCUMENT 00400 - BID FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date C 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, FY0362 BID FORM 00400-2 DOCUMENT 00400 - BID FORM (continued) 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 FY0362 BID FORM 00400-3 DOCUMENT 00400 - BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. 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 Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization' exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): FY0362 BID FORM 00400-4 DOCUMENT 00400 - BID FORM (continued) BID SCHEDULE EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL Mobilization 1 (Shall not exceed 5% of Total Bid) LS 1 2 Insurance and Bonding LS 1 3 Construction Control (Staking) LS 1 4 Clearing, Grubbing, & Demolition LS I 5 8" PVC, C-900 DR -14 Water Main LF 4240 Compact Ductile Iron Fittings, including Megalug Restraints, as required, complete in 6 place LBS 1000 7 8" Gate Valve with Valve Box EA 3 6" Three -Way Fire Hydrant Assembly, 8 with valve, complete in place EA 5 Remove Existing Fire Hydrant and deliver to 9 Owner EA 5 2" Combination Air Release and Vacuum 10 Valve Assembly, complete in place EA 1 . Sta 0+00 - Tie to existing water main, including 8"x8" tapping sleeve and valve, 11 complete in place LS I Sta 42+27 Tie to existing water main, including new 8"x 8"tapping sleeve and 12 valve, complete in place LS 1 Single Meter Setting, including pressure reducer and Plumber's connection to existing 13 service line, complete in place EA 5 14 Single Meter Setting, complete in place EA 3 Remove Existing Meter Setting and deliver 15 to Owner EA 5 16 Cut and Cap Existing 8" Water Main EA I Reconnect Existing Service Line to new 8" Water Main, including SB2 backfill and 17 surface repair, complete in place EA 3 FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) [Idol TOTAL AMOUNT BID The City intends to award to the lowest responsive responsible bidder based on the evaluation of the' sum of the Bid Schedule. 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 cashier's check from a financial institution located in the State of Arkansas or a Bid Bond in the amount of: Dollars ($ EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 2".HDPE Bored Casing, including 1" water 18 service line and connectiori to existing meter LS 2 Ashpalt/Concrete Pavement and Driveway Repair, including S132 base material as 19 necessary, complete in place LF 125 20 Rip Rap for Ditch Crossings TON 150 Sediment Control, Erosion Control and Site Restoration, and Compliance with NPDES Stormwater Permit and the Comprehensive 21 Best Management Practices Plan (CBMPP) LS 1 Act 291, 1993 Trench and Excavation Safety System for Water and Sewer 22 Installation LS 1 TOTAL AMOUNT BID The City intends to award to the lowest responsive responsible bidder based on the evaluation of the' sum of the Bid Schedule. 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 cashier's check from a financial institution located in the State of Arkansas or a Bid Bond in the amount of: Dollars ($ FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 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: Email Phone No. Fax No. ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9 - CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 . Contractor's Assurances. 00400-6 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. FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 00400-7 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 judgement 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; (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. FY0362 BID FORM DOCUMENT 00400 - BID FORM (continued) 9.02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on , 20 Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): By: (SEAL) Doing business as: Business address: Phone No: Email Address: A Partnership Partnership Name.: By: (Individual's Signature) Fax No. (SEAL) (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Email Address: Business address: Phone No: Email Address: Fax No. Fax No. 00400-8 IaWIM ",1011r• DOCUMENT 00400 - BID FORM (continued) A Corporation or Limited Liability Company (LLQ Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Title: Attest: Business address: Phone No: Email Address: (Signature of Corporate Secretary) Fax No. END OF DOCUMENT 00400 (CORPORATE SEAL) 00400-9 SPECIFICATIONS AND CONTRACT DOCUMENTS CONSTRUCTION - DINSMOREJRAIL WATER MAIN REPLACEMENT FOR THE CITY OF FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE BID #18-17 MWY PROJECT NO, FY0362 Mc In, YYlila and y I- Yates, Inc. —+ J Na132 '�//49,f9HSAS January 2018 Bid Documents McGoodwin Williams '& Yates Engineering Caa�j00nCe Fayetteville, Arkansas ® 2018 McGoodwin, Williams and Yates 1#' A Arc F-• AR��SAS 1RE * *'1`� 50904 ENGINEER No.923.3 ` • CRO i(le�lis TABLE OF CONTENTS 00120 Invitation to Bid 00140 Bidder's Qualification Statement 00200 Instructions to Bidders . 00400 Bid Form 00410 Bid Bond 00430 List of Subcontractors 00500 Agreement Form 00550 Notice to Proceed 006 i 0 Performance Bond 00611 Payment Bond 00640 Warranty Bond 00700 General Conditions DIVISION 1- GENERAL REQUIREMENTS 01110 Summary of Work 01125 Methods of Measurement and Payment 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 02272 01290.01 — Application for Payment Form 02273 01290.02 — Schedule of Values Form 01320 Project Meetings, Schedules & Reports 01321 Schedule 01325 Construction Photos 01330 Submittals 01420 Definitions and Standards 01580 Project Identification Signs DIVISION 2 — SITEWORK 02230 Site Clearing and Demolition 02231. Tree Protection and Trimming 02270 Environmental Compliance 00271 Stormwater Pollution Prevention Plan (SWPPP) 02272 NPDES Permit Automatic Coverage Posting 02273 NPDES ARR150000 Permit FAYETTEVILLE STANDARD SPECIFICATIONS FOR EROSION CONTROL ftp:/ ftp favette-vzlle-ar.4ov/published%engineering/standard°'o20details/Erosion%20Control%20Details� FAYETTEVILLE STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF WATER LINES AND SEWER LINES http://�N.vn�,.favetteville-ar.2ov/DocumentCenter/View/603 I END OF DOCUMENT DINSMORE TRAIL WATER MAIN REPLACEMENT SPECIFICATIONS TOC - i CITY OF FAYETTEVILLE ARKANSAS SECTION 00120 —INVITATION TO BID Contract Name: - Construction -Dinsmore Trail Water Main Replacement City of Fayetteville Bid Number 18-17 Advertising Dates: January 18, 2018. and January 25, 2018 The City of Fayetteville is accepting sealed bids from properly licensed general contractors to bid on the construction of a new 8 -inch waterline (to replace an existing 8 -inch waterline) along Dinsmore Trail in west Fayetteville, north of Martin Luther King Blvd. The Work includes, but is not limited to: Approximately 4,340 lineal feet of 8 -inch PVC C-900 waterline, tie-ins to existing facilities, fire hydrants, valves, and all other items as detailed and specified for a complete installation, and as further defined in the Contract Documents All sealed bids shall be received by the City of Fayetteville, Arkansas (the Owner) until Tuesday, February 22, 2018 before 2:00:00 PM, local time. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after the specified closing time. All interested parties are invited to attend. Bids will be received at the following location: Purchasing Agent's Office (Room 306) at City Administration (aka City Hall) 113 W. Mountain Street Fayetteville, Arkansas 72701 A non -mandatory pre-bid meeting will be held on Tuesday, January 25, 2018 at 10:00 a.m. in City Hall, Room'326, 113 West Mountain Street, Fayetteville, Arkansas 72701. All interested parties are strongly encouraged to attend. ' Bid documents may be obtained for bidding purposes from the City of Fayetteville Purchasing Division by calling (479) 575-8220 or by email at lmc _hR..fayetteville-ar.gov. No partial sets will be issued. No paper sets will be issued or sold prior to bidding. No half -sized sets will be sold or issued prior to the bid opening. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. Bid 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, in the amount of five percent (5%) shall accompany each Bid 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 in accordance with the, Instructions to Bidders. The Bid shall be conditioned upon compliance with all applicable labor related requirements including the regulations and stipulations concerning equal employment opportunity, minority manpower utilization, affirmative action requirements, and minimum wage rates. The City of Fayetteville reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such a reject shall be without liability on the part of the City for any damage or Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain — Fayetteville, AR 72701 Aft CITY OF r® FAYETTEVILLE ARKANSAS 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. The filing of any Bid in response to this invitation* shall constitute an agreement of the Bidder to these conditions. 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. CITY OF FAYETTEVILLE, Owner By: Les McGaugh Title: Purchasing Agent Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain — Fayetteville, AR 72701 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: DINSMORE TRAIL WATER MAIN REPLACEMENT Date: SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Name Address Principal Office Corporation, LLC, partnership, individual, joint venture, other Arkansas State General Contractor's License Number For a Contractor to be considered as Qualified, the Contractor must satisfy all financial, insurance, and bonding requirements of the City of Fayetteville, and must have had at least five (5) years of experience under the current Contractor name in the installation of water and sewer facilities. The Contractor shall have executed work for municipalities operating water/sewer facilities or wat6r/sewer contracted operations with a minimum of three (3) projects exceeding five hundred thousand ($500,000) dollars for water main installations or relocations. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these projects must be submitted to the City of Fayetteville. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the . requirements, or the combined experience of the key personnel that will be responsible for satisfying the experience requirement. FY0362 BIDDER'S QUALIFICATION STATEMENT 00140-1 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for years and has performed work of the nature and magnitude of this Contract for years. Bidder has been in business under its present name for years. 2. 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.) 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 perfonned 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: 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 00140-2 FY0362 BIDDER'S QUALIFICATION STATEMENT DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following. surety company and name and address of agent: 8. 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: FY0362 BIDDER'S QUALIFICATION STATEMENT 00140-3 DOCUMENT 00140 —BIDDER'S QUALIFICATION STATEMENT (continued) If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. S 13 Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: 20 (OFFICIAL SEAL) Name of Organization: By Title (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation or LLC, the corporate name shall be signed, followed by the signature -of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140-2 FY0362 BIDDER'S QUALIFICATION STATEMENT DOCUMENT 00200 —. INSTRUCTIONS TO BIDDERS ARTICLE 1 - INTRODUCTORY INFORMATION 1.1 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 completely filled out and submitted with the Bid: a. Bidder's Qualifications Statement b. List of Subcontractors 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. 1.2 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. FY0362 INSTRUCTIONS TO BIDDERS 00200-1 . DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 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. 1.3 QUALIFICATION 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 contract are executed. E. For all other non -Federal -Aid projects, including this specific project Bid 17-18, all bidders must be licensed in the State of Arkansas and shall provide their license number on the Bid Form. Failure to provide license number could result in a non- responsive Bid. 1.4 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. 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. 00200-2 FY0362 INSTRUCTIONS TO BIDDERS DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 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 supplementaryexaminations, 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. 1.5 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 FY0362 INSTRUCTIONS TO BIDDERS 00200-3 DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS. (continued) 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. No Addenda will be issued within the last two (2) days before the date of opening Bids. However, an addendum that affects the time, date or location of the bid opening may be issued as little as twenty-four (24) hours 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. 1.6 PREBID CONFERENCE: A Pre -Bid conference will be held in accordance with the Invitation to Bid. 1.7 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. ARTICLE 2 - BASIS OF BIDDING 2.1 SPECIFIED EQUIPMENT AND MATERIALS: A. Substitutions will be considered only after the Effective Date of the Agreement and as set forth in the GENERAL CONDITIONS. 2.2 INDIRECT COSTS: A. Taxes: 1. All applicable sales, use, compensating, orother 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. 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 00200-4 FY0362 INSTRUCTIONS TO BIDDERS DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) Owner, shall be included in the Bid price. Fees for permits issued by the City will be waived, but permits are still required where necessary 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. 2.3 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. 2.4 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 3.1 PREPARATION OF BID: A. One set of bound documents included with the officially provided 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 and/or LLC's shall be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. FY0362 INSTRUCTIONS TO BIDDERS 00200-5 DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 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. 3.2 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. 3.3 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID: A. Bidders shall submit to Owner with the Bid, the List of Subcontractors contained in the Project Manual as Document 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. 3.4 MANUFACTURERS SUBMITTED WITH BID: Not applicable this specific project. 00200-6 FY0362 INSTRUCTIONS TO BIDDERS DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 3.5FORMS TO BE SUBMITTED: A. The following forms shall be completed and submitted with the Bid:. 1. DOCUMENT 00140 BIDDER'S QUALIFICATIONS STATEMENT 2. DOCUMENT 00400 BID FORM 3. Bid Security as bank cashier's check FROM A FINANCIAL INSTITUTION LOCATED IN THE STATE OF Arkansas, or Bid Bond (DOCUMENT 004 10) 4. DOCUMENT 00430, LIST OF SUBCONTRACTORS 3.6 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 bank 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 A310, 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 Awaf d, Owner may annul the Notice of Award, and Bid security of that Bidder will be forfeited to Owner. E. The Bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 10 days after the Effective Date of the Agreement and the required surety Bonds furnished, or the 915` day after the Bid opening. Bid security of other Bidders will be returned within 10 days of the bid opening. 3.7 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. FY0362 INSTRUCTIONS TO BIDDERS . 00200-7 DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 3.8 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 4.1 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 5.1 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 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. 5.2 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 00200-8 FY0362 INSTRUCTIONS TO BIDDERS DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 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. 2E 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 3.3 above. The use of Subcontractors listed by Bidder (Document 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. 5.3 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 Successful Bidder of acceptance of his Bid (indicating which, if any, Alternate Bids have been accepted). ARTICLE 6 - SIGNING OF AGREEMENT 6.1 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. 6.2 Within 15 days thereafter, Contractor (Successful Bidder) shall.sign all copies of the Agreement dating the Agreement and required documents the Date of City Council Approval, insert the properly executed Bonds, power of attorney documents, and other required documents in the appropriate places, and deliver all copies to Owner. FY0362 INSTRUCTIONS TO BIDDERS 00200 — 9 DOCUMENT 00200 — INSTRUCTIONS TO BIDDERS (continued) 6.3 Within 10 days thereafter, Owner will execute all copies of the Agreement. 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 DOCUMENT 00200 00200-10 1 FY0362 INSTRUCTIONS TO BIDDERS DOCU'MENT.00400 - BID FORM Contract Name: CONSTRUCTION - DINSMORE TRAIL WATER MAIN REPLACEMENT Bid dumber: 18-17 BID TO: Owner: The City of Fayetteville, Arkansas 113 West .Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: •� a n A ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an 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 a1-1 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. FY0362 BID FORM 00400-1 DOCUMENT 00400 - BID .FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 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. Q, - 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 asstunes responsibility for having done so) all such additional or supplementary examinations, FY0362 BID FORM 00400-2 DOCUMENT 00400 - BID FORM (continued) 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. 1. 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 FY0363 BID FOKN4 00400-3 DOCUMENT 00400 - BID FORM (continued) 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 Bidders are required to provide pricing for all line items, including deductive alternate items. Failure.to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid,received falls within the amount certified, plus 25%. I.n the event all deductive alternates are subtracted from the total base :bid and - no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): FY0362 BID FORM 00400-4 DOCUMENT 00400 -'BID FORM (continued) BID SCHEDULE EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 1 Mobilization (Shall not exceed 5% of Total Bid) LS 1 X000 12 000; 2 Insurance and Bonding LS 1 10 Da) 0 6c 3 Construction Control (Staking) LS 1 3 MOO . 4 Clearing, Grubbing, & Demolition LS 1 %5,600 1S 5 8" PVC, C-900 DR -14 Water Main LF 4240 37. /.45(o , ?13 O Compact Ductile Iron Fittings, including Megalug Restraints, as required, complete in U 99� 6 place LBS 1000 7 8" Gate Valve with Valve Box EA 3 6" Three -Way Fire Hydrant Assembly, with �Ny�� 8 valve, complete in place EA 5 W Remove Existing Fire Hydrant and deliver to � 'too 9 Owner EA 5 2" Combination Air Release and Vacuum 10. Valve Assembly, complete in place EA 1 Sta 0+00 - Tie to existing water main, including 8"x8" tapping sleeve and valve, 0000 �i w J 11 complete in place LS 1 Sta 42+27 Tie to existing water main, including new 8"x 8"tapping sleeve and "f `I �YY1 MCI 12 valve, complete in place LS 1 Single Meter Setting, including pressure reducer and Plumber's connection to existing /1300 (/50 13 service line, complete in place EA 5 14 Single Meter Setting, complete in place' EA 3 l 00 Remove Existing.Meter Setting and deliver / 7501.5 to Owner EA 5 / 16 Cut and Cap Existing 8" Water Main EA 1 500 Reconnect Existing Service Line to new 8" Water Main, including S82 backfill and % Q'� . , 00 17 surface repair, complete in place EA 3 I U FY0362 BID FORM 00400-7 DOCUMENT 00400 - BID FORM (continued) 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 S 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 subm.itted to the City of Fayetteville for all subcontracts in excess of 52,000. 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 11.738, 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 [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 judgement rendered against them for commission of fraud or a crimina.1 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; (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 appl.ication,`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: FY0362 BID FORM 00400-8 DOCUMENT 00400 - BID FORM (continued) 9.02 Execution/Signatures for (:;ontractor Assurances above, Bid and Bid Form: SUBMITTED on �� �p ZZ''d 209 Arkansas State Contractor License No. If Bidder is: An Individual Name (type or printed): BY (SEAT.) (Individual's Signature) Doing business as: Business address: Phone No: Fax No. Email Address: A Partnership Partnership Name By: (SEAL) (Signature of general partner-attach-evidence'of authority to sign) Name (type or printed): _ Business address: Phone No: Email Address: Fax No. Business address: Phone No: Fax No, Email Address: FY0362 BID FORM 00400-9 DOCUMENT 00400 - BID FORM (continued) A Corporation or Limited Liability ++ Company (L"LC) Corporation Name : G OOA W, A `f" &Cd 1,01*11 , ZhC (SEAL) State of Incorporation: Adf4Af9s - Type (General Business, Professional, Service, Limited Liability): �rv)c.2 (Si tore of general partner -attach evidence of authority to sign) Name (type or printed): Brrte � ly 4 bcjt". � » Title: Vr*'CSi AeA.4- Attest: `" (Signature of Corporate' Secretary) (CORPORATE SEAL) .Business address: 570.5 rrt e. 50--" 6;6,44444 72-90? Phone No: x/79 ^ & Fax No,� -7 55'5 Email Address:_ P, pt D�tt _ C Q� i� 4& ki 04. t dri, END OF DOCUMENT 00400 FY0362 BID FORM 00400- 10 DOCUMENT 00500 — AGREEMENT :AGRE4MENT:.BETWEEN_OWNER.AND.:C.ON .,RACTOR:. Contract Name/Title: Dinsmore Trail Water Main Replacement Contract No.: , Dinsmore Trail Water Main Replacement THIS AGREEMENT is dated as of the ...... J . day of ..... .. `.............. in the year 20 ! Eby and between The City of Fayetteville, Arkansas and (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: Construction of a new 8 -inch waterline (to replace an existing 8 -inch waterline) along, Dinsmore; Trail in west Fayetteville, north of Martin Luther King Blvd. The work shall consist of approximately 4,340 lineal feet of 8 -inch PVC C-900 waterline, tie-ins to existing facilities, fin: hydrants, valves, and all other items as detailed and specified for a complete installation. Any use of a third party dumpster or roll off' container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities: ARTICLE.2.-:..ENGINEER 2.01 The Contract Documents have been prepared by McGoodwin, Williams and Yates, Inc., (Engineer) for the City of Fayetteville. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to the Engineer in the FY0362 AGREEMENT 00500-1 DOCUMENT 00500 — AGREEMENT (continued) Contract Documents in connection with completion of the Work in:accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01TIME OF THE ESSENCE: A ; 'All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES..FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: 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 final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 180 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 lass 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 Five Hundred Dollars ($500.00) 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 00500-2 FY0362 AGREEMENT 1JOC;CINIEi�1T't�05�::;`A�1ZEE>+rIENT:{continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICii 4.-.....C.ONTRACT. 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 unit 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 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. ARTICL E:S-,,;IPAYNIEN: :PROCEDURES : T, ................. 5.01 SUBMITTAL AND PROCESSINQ 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 ,>.,...... ._;...:.....:;.: ,.. .T-;........----�--GE<' P PAYMENTS RETAINA 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 FY0362 AGREEMENT 00500-3 DOCUMENT 00500—AGREEMENT (continued) 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 o€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. a. 95% 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. 5.03 FINAL PAYMENT.: A. Upon final 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. 00500-4 FY0362 AGREEMEN11 lMl#T:OQSIII~ '. `GRIEti continued) ARTICLEA - CIINTRACTOR'S:.REPRES.EN:TATIONS.: 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 f: or otherwise which may affect cost, progress, performance, and furnishing of FY0362 AGREEMENT 00500-5 t: k: r DOCUMENT 00500 — AGREEMENT (continued) 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. 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 terns 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. 1. 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. - C.ONTRAC.T DOCUMENTS.. 7.01 LON.TENTS: z A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500-6 FY0362 AGREEMENT J OWMENE66 0.-' AdOgMiNficontinued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: I This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. 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. S. Supplementary Conditions-.- 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general w,.m rilk!e6 aremem; 8-;: Addenda numbers inclusive. %: The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS, FY0362 AGREEMENT 00500-7 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 8 - ,.MISCELLANEOUS., 8.0.1 :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 .SUCCES.S.ORS. AND�ASSIGNS; A:: The City of Fayetteville and Contractor each binds himself, his partners, F successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to ay 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. 00500-8 FY0362 AGREEMENT �bOGtJl.1+1£1�2.t%OSS'::>'�AGR€EMEN�?;tcontinued) 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. FY0362 AGREEMENT 00500-9 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on.,.,.,. . . ...... :20d which is the Effective Date of the Agreement. CITY OF FAYETTEVILLE ..... .. - ....... . . ............ .......... . ... . . . . . .. ..... ........ B yBy: Lioneld.jordan .......... ..... . ........... .. : .... .... ............ ........... Title,;:.. 00500-10 T FY0362 AGREEMENT ,DOCUMENT00500.,—,..AGREEMENT.1r,ontinued) Address for giving notices Address for giving notices 113 W. Mountain St., - - .. .. . . ...... Fayetteville, AR 72701 ................... ...................... . .. . .... .................................... License No.. .. ... .. ....... (attach evidence of authority to i sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) (If Contractor is a corporation or LLC, Approved As to Form: attach evidence of authority to sign.) By:.: .. .... .... ... Attorney For: END OF DOCUMENT 00500 FY0362 AGREEMENT 00500-11 In PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business). Goodwin & Goodwin, Inc. Cincinnati Insurance Company 3503 Free Ferry Road, Fort Smith, AR 72903 P. O. Box 145496, Cincinnati, OH 45250-5496 Surety and Contractor, intending to be legally bound hereby.; subject to'the, terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or. representative. CONTRACTOR AS PRINCIPAL Company: Goodwin & Goodwin, Inc. Signature:;6 , t -,.N AAtL (Seal) Name avid Title. (Space`is'proVided below for signatures of additional parties,:if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name.and Title: (Seal) SURETY Cincinnati Insurance Company (Seal) Surety's Name rAorporate. Sea sy: EIG A. Sol omo , Attorney -in -Fact (Attach Power. of, Attorney) Attest: I Y ., Signature and Title SURETY (Seal) Surety's'Name and Corporate Seal By; Signature and Title (Attach Power of Attorney) Attest: Signature and Title FJCDC No.C-610(2002 Edition) Originally prepared through the.joint efforts'of Surety Assod'ation of America, Engineers Joint Contract Documents Committee, the Associated General. Coniraciors of America, and the American Instituteof Architects: 00610-1 a � I OWNER (Name and Address): v (� City of Fayetteville WiN 113-W. Mountain Street, Fayetteville, AR 72701 J Y 0 �..w.,a n o U CONTRACT o °D °7 Za Date: April 4, 2018(° Omr+a U Amount: Two Hundred Ninety-two Thousand Nine Hundred Fifty-five And No/100THS($292,955.00)o N a > ` D Descriptions (Name and Location)' Dinsmore Trail Water Main Replacement #18-17 w ODD +'o ' c D czoo O Q N O 7 L I" \ O N L ALL N M BOND ++ LL fA C d 6 ow Bond Number: 61237000 -o ••.04 Q a d+1a> Date (Not earlier than Contract Date): April 4, 2018 a "" m ►-� •• LQ Amount:Two Hundred Ninety-two Thousand Nine Hundred Fifty-five And NOf100THS($292,955.00) a � C U 4) 0-4 °' °4 Ua r1 .4 Modifications. to this Bond Farm: NONE 0 Y tr tl 3 Y LLL \ Surety and Contractor, intending to be legally bound hereby.; subject to'the, terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or. representative. CONTRACTOR AS PRINCIPAL Company: Goodwin & Goodwin, Inc. Signature:;6 , t -,.N AAtL (Seal) Name avid Title. (Space`is'proVided below for signatures of additional parties,:if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name.and Title: (Seal) SURETY Cincinnati Insurance Company (Seal) Surety's Name rAorporate. Sea sy: EIG A. Sol omo , Attorney -in -Fact (Attach Power. of, Attorney) Attest: I Y ., Signature and Title SURETY (Seal) Surety's'Name and Corporate Seal By; Signature and Title (Attach Power of Attorney) Attest: Signature and Title FJCDC No.C-610(2002 Edition) Originally prepared through the.joint efforts'of Surety Assod'ation of America, Engineers Joint Contract Documents Committee, the Associated General. Coniraciors of America, and the American Instituteof Architects: 00610-1 I . Contrutur and 'Surety„ jointly and severally,. bind thernsOves;: their heir's; executors, administrators, .sue cessors andassigns to the;Owner,for:the performance of the Contract; which is incorporated, herein by reference:. 2. If.Coturaclor,performs the Contract. Surety and Contractor have no obligation underthis Bond, except to participate in conferences as provided imParagraph 3A. 3: If:there is;no:Owner Default; Surety's'ohligatiah under. this Bond shall arise.after; Owner has'nnlified Contractor and' Surety at. the addresses described in Paragraph. 10 :below, that' Owner is considering declaring'.a Contractor Default and has requested and. attempted to arrange, a conference with Contractor and Surciy.lo be held not later than fifteen days after receipt of such notice 0 discuss methods: of performi1.ng. the Contract. IP Owher, Contractor .and 'Surety agree,. Contractor shall be allowed:a reasonable titne .to perform. the Contract,but such an agreement shall not waive Owner's right; if any,. subseyueritly to declare a.Contraciur Default; arid 3.2. The Owner has declared a Contractor Default and formally terminated Contractor's righi.to Complete the Contract. 'Sucli.Coniractor Default shall not be declaredeadier than twenty days after Contractor and Suiety.have received notice as provided, in Paragraph 3,..1:. and 3.3 The Owner has agreed to pay the. Balakc, of the Contract Price to: I. 71te;Suraty in accordance with the terms of,thrContraci 2: Another'contractor"selected pursuant: toparagraph to, perform the Contract. 4._When:O'witer has:satisfied the conditions:of:Parugraph.`3, Surcty'shall promptly anJ.al Surety expense take;une o f the following actions: da Arrange for Contractor: with consent of Owner, to perform and "complete the Contract; or 4.2 Undertake to: perform and complete"the Contract:itself, through its,agents or through independent cimtractors; or 4.3: Obtain bids or ncgtitiated;propus5ls.fmm.tjualificdc6n1ractors acceptable`to. Owner: for a, contract for. performance and completion of the Contract; arrange,'for a: contract to be prepared for execution by Owner and .the contracim 'selected with 'Owner's . concurrence; to be secured - with performance and payment ltunds,cxecutcd..by a qualified surety equivalent to the Binds issued. on the Contract, and pay to Owner the amount of damages as described in paragraph 6 in excess tit the Balance of the Contract Price incuriedby Owner resulting (ruin Contractor Default; ur 4.4 Waive its right to perf6rm and complete. irrangc for completion, or obtain a.'new contractor and with reasonable promptness under the circumstances; 1. After investigation—determine, the amount for which. it may be;liable to Owner and,:as won as practicable after the aniount.is.deiemtined, Underpayment therefor toOwhcr;.or 2. Deny liability in .whole or in' part and notify Owner citing 'reasons thcrekir. 5;, .If :Surety, floes . not proceed as providLd in Paragraph 4. with reasonable promptness; Surety shall bc, deemed to be in: default on this Bond 15: days after receipt of an additional written notice:fnun Owner, to.. Surety demanding that'Surety perfum r ,rts obligations under this'Bond, and Owner.shall bc.entided to enforce any remedy available to Owner: If Surety proceeds its provided.in Paragraph 4 4, and, Owner refuses the payment tendered -or Surety bus 'denies( liability' in whole,or in pari': without. -further notice, Owner shall_ w entitled .to enforce any remedy gvail "able to Owner: 6:,Aftcr:Owncr'hasIcrininatcd C.dntractor.'s right'•tg complete the'Canfract-and if 5urety.eledstu'act under Paragraph 4.l', 4 . , , : bnve; elicit the responsibilities. of:Surety t6 O'wn`er shall;not-be greater,than diose of Conted6bi under. ilk Contraci, and; the responsibilities:of'Owner'to,Surety shall not tic greater than thow bf Owner. under ihe.Coniract: Toa limit of, the amount of'diis'Bond, but subjectto commitment by Owner of the,Balant,e of the Contract Prtte.to'"riiinbdtiomof costs aiid Jar»ageson the.Contract, Surety is.obligated without duplication Air:: 6.1 The responsibilities of Contractor' for' currection of defective Work. and completion of the'Contracl 6:2 Additional' legal; 'design professional and delay costs resulting front, .Contractors Default, and resulting frim the actions 'r failiore to act of Surcly under.Paragraph 4; and 6.3 Liquidated 'damages, or- if rii): Iijquidated damages are spi�ified. in the' Contract, :actual damages 'caused' by delayed performance or non pe rfunnartm of`Contractor: 7; .Surety -shall not,be liable to Owner,or,others for'obligations'of,Contractor that are unrelated to the'Conirad, and the Balancedf` the. Contract Price shall no.vht reduced. or set off on account of any such unrelah:d 66iigations. No right of: action shall accrue on this'. Bond to,any":person•or emity. other. than Owner ur.its heirs:; eiiecutors; administrators, orsuccessors. B: Surety hereby?.waivds notice of any change,, including changes, of time, to Contract orto related: subcontracts,.purchase orders and othcr;obligations: 9:.Any proceeding; leg4br equitable,, under this. Bond 'may"he'mstitufed in any court ufcotnpeterit'jursdiction io the lodation.in whichAhe•Work'or part of Work'is located and shall. be instituted within two: years;. after Contractor cfault or within: lwiryears .3ffer Conlraetor ceised.working or within (wu years eller Sureiy refuses. or fails to, perform its; obligations'undcr this. Boni1; whichever occurs first: If the pruvisiutty"of:this- paragraph are void or prohibited by law, fhe'minimum period of linntation available tri sureiiee as a defense inrtheJ4risdif6ion.or the suit' shall Ix applicable. W Notice to Surety. Owner or Contractor ..shalt; be: mailed or delivered to. the addriss.shown oti`the signature page: 11. When this' Bund has'bLen furnished to comply with a statutory requirement mr.the. locaiiun where the Contract was tit hie ,perforitted, any provision in -this' Bind codllicting withsaid,'statutory or legal. requirentent.shall be'decirieddeletedhcrcfhini and .provrsrgns. conformtn i'ui Codi tatulury ur udicr legal rlquiemem shall, N. b. deemed mcorjrorated herein..thc tnt'e(it".is drat'this [fond sball be construed as a statutory bond and not'as,a con)nonlaw bond, 12. Definitions: 12:1 Balance of. the Contract. Price ,he total, amount payable hy.Owncr. to Contractor under the Contract after.all proper adjustmenls;havc`bLcri made; including 'all'o: nee to Contractors of'any amounts'. received, or it) he received by Owner in: setdemenfof insvrance'ocother, Glaims for'dailrages to which. Contractor is entitled, reduced by all valid and. proper payments made to oion behalf of.Contractorunder; the:Conifact. 12:2. Contract: The agrcemcnt;between Owner'and;Conlractor'identified on: the signature page: indudmg;all Contract Documents and changes thereto. 12:3' Contractor Default: 'Pailure or Contractor; .which has neither been remedied nor. waived, to perform or otherwise to. comply ,with J)e :terms of the Contract: 12:4 Owner. Default failure of.Owner, which has neither been .remedied nor waiveil,::tu pry..Corarautor as required by the ;Camraci or, to perforin: Anil complete or'ci.)inply with the other;terms;thetcof: FOR INFORMATION ONLY - Name, Address and Telephone. St.trer.v Aeencv or Bmker Owner's Represelitative.(erlglne.er or other party' Brown -Hiller -Clark & Associates 5500 Euper Lane Fort Smith, AR 72903 110610-2 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor; Elizabeth A. Solomon; Shannon C. Schmidly; Mary Ann Justice: and/or William Scott Whittenberg of Fort Smith, Arkansas its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20;000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 611 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings; or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had.been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the 13oard'of Directors of the Company of a meeting duly called and held on the -71 day of December, 1973'. "RESOLVED, that the, signature of the President or. a Vice President and .the seal of the Company_ may be affixed by facsimile on any power of attorney granted 'and the; signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such. power of certificate beating such facsimile, signature and seal shall be valid and binding on the Company.:Any such power,so executed -and sealed.,,,-,, and certified.by.certificate so.executed and sealed shall, with respect to any bond or undeitaking'to which it is attached, , continue to be valid and binding on the Company:'.' IN WITNESS. WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be.sealed with,its corporate seal, duly attested by its Vice President this 8i1 day of March, 2017. ` RPoRIITE THE CINCINNATI INSURANCE COMPANY c•T� OD o SEAL - s Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 8t1 day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate, seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. i A E y off MARK.J. H .LLER, Attorney at Law YNOTARY PUBLIC - STATE OF OHIO �i� •9 Q My commission has no expiration 0Ai�of .,�..•� date. Section 147.03 O.R.C. 1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a - true -and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the •said Power of Attorney, is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 4th day of April, 2018 i3 CORPoRATE 3 SEAL OHIO BN -1005 (3/17) Secretary PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable: CONTRACTOR (Name and Address): Goodwin & Goodwin, Inc. 3503 Free Ferry Road, Fort Smith, AR 72903 OWNER. (Name. and Address): City of Fayetteville 113 W. Mountain Street, Fayetteville, AR 72701 SURETY (Name and Address of Principal Place of Business) Cincinnati Insurance Company P. O. Box 145496, Cincinnati, OH 45250-5496 CONTRACT Date:. April 4, 2018 Amount: Two Hundred Ninety-two Thousand Nine Hundred Fifty-five And No/100THS($292,955.00) Descriptions (Name and Location): Dinsmore Trail Water Main Replacement #18-17 BOND Bond Number: 81237000 Date (Notearlier than Contract Date): April 4, 2018 Amount: Two Hundred Ninety-two Thousand Nine Hundred Fifty-five And No1100THS($292,955.00) Modifications to this Bond Form: NONE Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do. each cause this Performance Bond.to be duly executed on 'its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: Goodwin & Goodwin, Inc. Signature)!,�/�Ztit Y�Zcw Nance and -Ti .e': (Space i3.Piovided.below for signatures of 'additional parties;.if res{u red.). I CONTRACTOR AS PRINCIPAL Company: Signature: (Seal) Name and Title: SURETY Cincinnati Insurance Company (Seal) Surety's. Name )i rporate I By: Eliza eth A. Solo on, Attorney -in -Fact (Attach Power. Attorney). Attest: ` Signature :and Title. SURETY (Seal) Surety's Name and Corporate'Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title FJCDC No. C-615 (2002 .Edition) Originally prepared. through the joint of Surety Association of America, Engineers ]oint.Contract.Dmuments Committee; dtr Associated General Contractors of America, and the American Institute of. Architects, the American Subcontractors Association; and the Associated Specialty Contractors. 00615-1 h Contractni and Surety, jointly and severally, bind themselves, their heirs, executors; administrators, 'successors and assigns. to Owner to 'pay for labor, materials. and equipment furnished. by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner; this obligation shall be null and void if Contractor: 2.1 Promptly makes .payment, directly or indirectly; for all sums due Claimants, and 2.2 Defends, indemhifies and holds harmless Owner from all claims; demands, liens or suits alleging non, -payment by Contractor by any, person or. cntity who fumished.labor; materials or equipment for use in the performance. of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described.in Paragraph 12) of any claims,demands,, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and. Surety; and.provided there is no Owner Default. 3. With. respect: to Claimants, this obligation shall be null and void if'Cuntractur promptly makes'payment, directly. or indirectly, for all sums due. 4. "rhe Surety shalt have no obligation to Claimants under this Bond until: 4.1 Claimants who are: employed by or have. a direct contract with Contractor have given notice to:Surety (at,the addresses described in Paragraph 12) and senna copy, or notice thereof, to Owner, stating th'at.a claim is being made under this Bond and, with substantial accuracy; the amount of the claim. 4.2 Claimants who do nut have a direct contract with Contractor: 1. Have; furnished written notice; to Contractor and sent a copyt.or,notice thereof, to Owner. within 90 days after having last performed labor or last furnished materials orequipment included in the claim'stating, with the 'substantial accuracy, the amount of the claim and the.name of the partyin whonrdie materials were, furnished or supplied or for whom the latah was done or performed; and 2. Have eitherreccived.a rejection in whole'.ur in pan from Contractor, or not . received within '36 days of 'furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be: paid directly or indirectly; and 3. Not having been paid' within the above 30 days, have..scrit. a written notice to Surety and sent 'a copy. or notice thereof, .to Owner, staling that a claim is. being made under this Bund and enclosing a copy of the previous written notice furnishedto Contractor, S. If: a notice by 'a claimant required. by. Paragraph 4 is provided by owner to Contractor or to 'Surcty: that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, .Surety shall promptly and at Surety's expense take the following actions. 6.1' Send an answer to: the Claimant, with a copy. to Owner, within 45 days'. after receipt of the claim, stating the amounts that are undisputed and the 'basis for challenging any amounts that:are disputed. (h:2 Pay. or arrange for payment of any undisputed amounts. 7..Surety's.ibotl'obligatiowshall'not exceed the amount of0is.'Bund, and the amount of this Bond shall be credited for any payment made in good faith. by Surety. 8. 'Amounts,dwtd by Owner to Contractor: under -the CptnractWill be used for the perfurmance'of.tfte Conrracf and to satisfy claims, if any, under.any perforance: bond: 'By Comractur furnishing and Owner accepting'm this Bond, they agree that all funds earned by' Contractor :in the performance,of thc.'Contract, are dedicated to satisfy obligations of Contractor and Surety, under this Band, subject to Owners, priority to use the funds for the completion or the Work. 9. Surety .shall not :be liable to Owner,. Claimants or other for obligatiuns:,of Contractor that are unrelated to the Contract: Owner shall not tie. liable for rraynienr of.any costs or expenses of any Claimant under this, Bond; and shall have under this. Bond no obligations tomake payments to, give notices on behalf of. orothenvik. have obligations to Claimants underthis Bond. 10. Surety herehy,%gives nutice.cf'any change, including changes of time, to the Contract or to related Subcontracts, prchase'orders and otherobligadtms: 11. No suit or action'shallbe commenced by a Claimant under this'Bond,otherthan in a court of competent jurisdiciiod in the location in which the Work or of the Work is located or'aftcrlhe. expiration of one year from the date,' (I) on, which the Claimailt gave the, notice required by Paragraph 4.1 or. Paragraph 4:2.3. or* t2)_on which the last laburOr service was pe.rfornhed by anyone or the last materials or equipment were fumished.hy anyone under -the Construction Contract, whicheveror (1) or Q) first occurs. If the provisions of this paragraphare void or prohibited by law, the minimum. period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable: 12. Notice, to Surety, Owner or Contractor shall be; mailed or delivered to the addresses' shown on"the signature page. Actual mceiril Of notice.by,Surety. Owner or Contractor, however accomplished, shall be sufficient compliance :as; of thedate received at the address shown on the signature page. 13. When this Bond'has'been furnished to comply with a statutory_tcquirement in the location in the locaiton :where the Contract was to :be. performed, any .provision in d this.Bonconnicting with said statutory or legal requirement shall be deemed d0ctcd herefrum,and provisions conforming to such statutory or other legal: requtrcmcot: shall be deemed,incorporated herein.. The intent is that this Bond shall be construed as a statuiory.Bund and not a common law bond. 14. Upon request of any; person or entity appearing - to be a Ntcntial'beneficiaryof this Bond, Contractor shall promptly furnish a copy of this Bond or, shall permit.a copy to be made. I5. ' DE FIN ITIONS 1511 Claimant: An individual Or emity.having,a direct contrao with Cnmractnr or with a first-tier subcontractor or Contractor to lonnish labor.. materials or equipment for use in the performance of the Contract. The imem of this Bond shall beau include without liinitation.in the tenns labor; mutcrials or equipment" that part of water, gas', power, light, heat, oil, gasulnte, telephone service or rental. equipment used in the Contact, architgctural and engineering services. required for'perfnrtnance of the Work of Contractor and Contractor's Subcontractors, and;all'.other items for which a mechanic's lien may be asserted in the jurisdiction where the labor; materials or equipment were furnished. 95.2 Contract: The.agreement between Owner and:Contractor identified on the, signature page,: including all Contract'Documents and changer thereto. 15.3 Owner'Dcfault:: Failu,reof Owner, which lias.nrither been ruitedied nor waived, to pay Can iracl(or as required by. the.Crmtract or. to perlbrm and complete or comply with the other terms thereof. FOR INFORMATION ONLY —Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineeror other party) Brown -Hiller -Clark & Associates 5500 Euper Lane Fort Smith, AR 72903 00615-1 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor; Elizabeth A. Solomon; Shannon C. Schmidly; Mary Ann Justice: and/or William Scott Whittenberg of Fort Smith, Arkansas its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20;000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 611 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings; or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment'or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted_, and the signature of the Secretary or Assistant Secretary. and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such. power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed_ and certified by certificate so -executed -and sealed shall, with respect to any:bond or undertaking to: which it is attached, continue to be valid and binding on the Company." IN. WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice. President.this V day of March, 2017.. Inay,•'r THE CINCINNATI INSURANCE COMPANY cTc CORPORATE 3 SEAL ON10 Vice President STATE OF OHIO ) ss:. COUNTY OF BUTLER ) On, this 811 day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of -said corporation. 0. '`,,,�0•`i�1 A E s?91, to t __* i'F= pMARK J. H LLER, Attorney at Law 0 %P �1% JI NOTARY PUBLIC - STATE OF OHIO My commission has no expiration y.• oW�, date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true -and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is'still' in full force and effect. GIVEN under my hand .and seal of said Company at Fairfield, Ohio. this L. day of dc��i, InaUq'ri i3 CORPORATE 3 SEAL. OH10 BN -1005 (3/17) April, 2018 Secretary 09/13/2016 14:50 4796462659 HAWINS AND 00 F'Aa t. Olt VZ STATE OF ARKANSAS - OFFICE OP THE SECRETAR' OF STATE ARTICLES OF INCORPORATION roil I 11, is OF GOODWIN & GOODWIN, INC. The undersigned, natural persons of the age of twenty-one years or more., acting as incorporators of a corporation under the Arkansas Business Corporation Act of ' 1987, adopt the following articles of incorporation of such Corporation: FIRST: The Name of the Corporation is: Goodwin & Goodwin, Inc. SECOND: The purpose or purposes for which the Corporation is organized are: To engage in the construction business as a general contractor and as a subcontractor, including plumbing contracting, and general construction, and all types of construction, and to enter into contracts with property owners for the construction of improvements on their property and the installation of plumbing systems and heating and air conditioning systems, and to engage in repair work including repair of plumbing systems and heating and air conditioning systems and all forms of repair with respect to structures and the systems thereof, and to engage in remodeling work, and to engage in residentialconstruction, commercial construction, and indust;cial construction, and to contract with respect to all of asuch purposes, and to own real estate and to construct improveMUnts thereon and to sell said real estate and to develop real estate developments including commercial, residential and industrial real estate developments, and to enter into lelkses with respect to property owned by the corporation, and' to contract with respect to all of the above referenced purpoaaes, and to conduct any lawful business authorized by the Arkansas Business Corporation Act of 1987. The corporation, acting through its Board of Directors, shall be authorized to enter into any general or limited Partnership with any other person, firm, or corporation for the purposes of carrying out any of the objects or purposes of the corporation. THIRD: The aggregate number of shares which the corporation shall have the authority to issue is 2,000 shares. The designation of each class, the number of shares of each class, or a statement that the shares of any class are without par value, are as follows: 09/13/2016 14:50 4796462659 HAWINS AND CO PACE 02/02 NUMBER Op PAR VALUE PER SHARE OR SHARES CLASS SERIESxF ANY STATEMENT THAT SJJARRS ( ) ARE WITHOUT PAR VALUE 2,000 Common None No Par FOURTH: The address of the initial registered office of this corporation is: 8009 Texas Road, Fort Smith, AR 72903 and the name of the initial registered agent at such address is: Bryan Goodwin FIFTH, The number of Directors constituting the initial Board of Directors is 2 and they will serve as directors until the first annual meeting of shareholders or until their successors are elected and qualified. The number of directors to be elected at a special meeting called for that purpose when shares of this corporation become owned of record by two shareholders, shall be two; and the number of directors to be elected at a special meeting called for that purpose when shares of this corporation become owned of record by more than two shareholders, shall be three. The Board of Directors shall have the authority to fix or change the number of directors to the extent allowed by the Arkansas Business Corporation Act of 1987. SIXTH: The name and address of each incorporator is: NAME STREET ADDRESS CITY & STATE Bryan Goodwin 6009 Texas Road Fort Smith, AR 72903 Sara V. Goodwin 8009 Texas Road Fort Smith, AR 72903 SEVENTH: At all elections of Directors of this corporation, each shareholder shall be entitled to as many votes number of voteas shall equal the s which (except for these. provisions as to cumulative voting) he would be entitled to cast for the election of directors with respect to his shares multiplied by the number of director;; to be elected, and he may cast all such votes for a single director, or may distribute them among the number to be voted for, or any two or more of them, as h® may see fit. DATED: 1,211101 1992 09/13/2016 15:01 4796462659 HAWINS AND CO PAGE 01/09 iv 5 � Se&4oi or v 09/13/2016 15:01 4796462659 HANKINS AND,CO PACE 02/09 BY-LAws OF Goomw & GoomN, In. AN ARKANSAS CORPORATION Table of Contents PACE ARTICLEI OMCES........................................................................... I ARTICLE II SHAREHOLDERS 1 ........................................................... Section1 Annual Meeting................................................................... 1 Section 2 Special Meetings Section3 ....................................... .. .. ...................... Place Meetings I Section4 of ................................................................ Notice Meeting I Section5 of ......................................... I..................... Quorum 1 ............................................................................... I Section6 Proxies .................................................... 2 Section 7 ............................. Voting of Shares. Section 7 ............................................................. Preemptive Rights 2 ............................................... 2 ARTICLE III BOARD OF DIRECTORS 2 ............................................... Section I General Powers ........ ................................ ........ 2 Section 2 Number, Tenure andQualifications........................ 2 Section 3 Regular Meetings.............................................................. 2 Section4 Quorum Section 5 .........................................................................:... Mamw of Acting 2 Section 6 ................................................................ Compensation 3 Section 7 ................................................. 6................... Presumption of Assent 3 ........................................................ 4 AR'T'ICLE IV OFFICERS ......................................................................... 4' SectionI Number Section 2 ................................................................................ Election and Term of Office 4 Section3 ................................................ Removal 4 Section4 .............................................................................. Vacancies 4 Section 5 ............................................................................ 'The President 4 Section 6 ........................................................... ............ The Secretary 4 ....................................................................... 4 09/13/2016 15:01 4796462659 HAWINS AND CO PACE 03/09 ARTICLE V CONTRACTS, LOANS, CHECKS AND DEPOSITS SectionI Conmets........................................................... I.................. Section2 Lo=................................................................................... Section3 Checks, Drab, Etc.............................................................. Section4 Deposits............................................................................... ARTICLE VI CERTMCATES FOR SHARES .................................... Section 1 Certificates for Shares......................................................... Section2 Transfer of Shares............................................................... ARTICLE VR FISCAL YEAR ................................................................. ARTICLE VW SEALS......................................................... ARTICLE IX AMENDMENTS................................................................ n 4 4 5 5 5 5 5 5 5 6 09/13/2016 15:01 4796462659 HAWINS AND CO PAGE 04109 BY-LAws OF GOODWIN & GOODWIN, INC. AR'T'ICLE I OFFICES The principal office of the corporation shall be located at 3503 Free Perry Road,1'ott Smith, Arkansas 72903. ARTICLE II SHAREHOLDERS SzcnON 1 ANNUAL MEEYNNQS The annual meeting of the shareholders shall be beld during the fourth week of the: month of January in each year, beginning with the year 1994, at a time convenient to the shareholders for the purpose of electing Directors and for the transaction of such other business as may come before the meeting. SEMON 2 SPEc1A1, MEETMW Special meetings of the shareholders, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the President or by the Board of Directors and shall be celled by the President at the request of the holders if not less than one-tenth of all the outstanding shares of the corporation untitled to vote are at the meeting. SmmON 3 PLAcs oFMEET11Vc The Board of Directors may designate any place, either within or without the State of Arkansas, as the place of meeting for any annual or special meeting of shareholders. If no designation is made, the place of meeting shall be the principal office of the corporation. SercnoN 4 NOTice of MEETING Written or printed notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten or more than fifty days before the date of the meeting, either personally or ley mail; by or at the direction of the President, or the Secretary, or the officer or persons calling the meeting, to each shareholder of record entitled to vote at such meeting. If mailed, troch notice shall be deemed to be delivered when deposited in the United States mail, addressed to the shareholder at the Shareholder's address .as it appears on the stock transfer books of the corporation, with postage thereon prepaid. SECTION 5 QUORUM A majority of the outstanding shares of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of shareholders. If less thea a majority of the outstanding shares are represented at a meeting, a majority of the shares so repmmted may adjourn the meeting from time to time without finther notice. At such adjourned =;seting at 09!13/2016 15:01 4796462659 HAWINS AND CO PAbL n5in's which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally notified. SECTION d PROMS At all meetings of shareholders, a shareholder may vote by proxy executed in writing by the shareholder or by the Shareholder's duly authorized attorney in fact. Such proxy shill be filed with the Secretary of the corporation before or at the time of the meeting. No proxy shall be valid.after eleven months from the date of its execution, unless otherwise provided in -the proxy. SECTION 7 VOTING OFSHIIRE Subject to the provisions of Section 9, each outstanding share errtitled to vote shall be entitled to one vote upon each matter submitted to a Vote at a meeting of sbareholders. SECTION 9 .PREEMPrIY,E PJGM Each holder of shares in this corporation shall have the first right to purchase shares (and securities convertible into shares) of this corporation that may be from time to time issued (whether or not presently authorized), including shares from the treasury of this eogaadon, in the ratio that the number of shares held by said holder at the time of issue bears I* the total number of shares outstanding, exclusive of treasury shares. This right shall be deemed waived by any shareholder who does not exercise it and pays for the shares preempted within. thirty (30) days of receipt of a notice in writing from the corporation stating the prices, terms and conditions of the issue of shares and inviting said holder to exercise his preemptive rights. ARTICLE III BOARD OF DIRECTORS SECTION 1 GENFRAL,POWM The business and affairs of the corporation shall be managed by its Hoard of Directors. SECTION 2 Numea& TENOR$ Am QuAuFmArlom The number of Directors of the corporation shall be two. Each director shall hold office until the next annual meeting of shareholders and until the Director's successor shall have been elected and qualified. SECTION 3 REouraR A&sm as A regular meeting of the Board of Directors shall be held without other notice than this by-law immediately after, and at the serge place as, the annual meeting of sharcholdws. The Board of Directors may provide, by resolution, the time and place, either within or without ,the State of Arkansas, for the holding of additional regular meetings without other notice than such resolution. SzmoN 4 QuoRum A majority of the number of Directors fixed by Section 2 of this Article III shall constitute a 09/13/2016 15:01 4796462659 HANKINS AND CO VAUL F3b1F77 quorum for the transaction of business at any meeting of the Board of Directors, but if less than such majority is present at a meettng, a majority of the Directors present may Vijourn the meeting from time to time without further notice. SECTION S MANNER OPACTING The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. SEMON 6 COMPENSATION By resolution of the Board of Directors, the Directors may be paid their expenses, if any, for attendance at each meeting of the Board of Directors, and may be paid a fixed sum for attendance at each meeting of the Board of Directors. No such payment shall prwlude any director from serving the corporation in any other capacity and receiving compensation therefore. SaCriON 7 PasUmmoNoPAUENT A Director of the corporation who is present at a meeting of the Board of Directors,, at which action on any corporate matter is shall be presumed to assent to the action taken unless the Director's dissent shall be entered in the minutes, of the meeting or unless the Direcbar shall file a written dissent to such action with the person acting as the Secretary of the meeting,, before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting. Such rigbt to dissesit shall not apply to a Director who voted in favor of such action. ARTICLE ry OFMCERs SECTION 1 NUMBER The officers of the corporation shall be a President and a Secretary, each of wham shall be elected by the Board of Directors. Any two or more officers may be held by the same person, except the offices of President and Secretary. SECTION 2 ELEcriav AND TEw of OFF= The officers of the corporation to be elected by the Board of Directors shall be elected annually by the Board of Directors at the first meeting of the Board of Directors held ager cech annual meeting of the shareholders. If the election of officers shall not be held at such nu*ting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until a successor shall have been duly elected and shall have qualified or until the Officer's death or until the Officer shall resign or shall have been removed in the manner hereinafter provided. SwTiorr 3 Rwom Any officer or ageatt elected or appointed by the Board of Directors may be removed by the Board of Directors, whenever in its judgment the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the 09/13/2016 15:01 4796462659 HANKINS AND CO PAGE 07/09 Person so removed, Elation or appointment of an officer or agent shall not of itself create contract rights. SECTioN 4 ifdC.4NCIES A vacancy in any office because of death. resignation, removal, disqualification or otherwise, may be filled by the Hoard of Directors for the unexpired portion of the term. SECrrON 5 PRESIDENT Bryan Goodwin is hereby named the President. The President shall be the priacipil executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the corporation. The President shall, when present, preside at all meetings of the shareholders and of the Board of Ditr:ctcrs. The President may sign, with the Secretary or any other proper officer of the corporation th=unto authorized by the Board of Directors, certificates for shares of the corporation, and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by to Board of Directors from time to time. SEmoN 6 TXESEcnmRY Sara Goodwin is hereby named the Secretary. The Secretary shall: (a) keep the minutes of the shareholders' and of the Board of Directors' meetings in one or more books provi<led for the purpose; (b) see that all notices ars duly given in accordance with the provisions of these by-laws or as required by law; (c) be custodian of the corporate records and of the seal of the corporation and see that the seal of which on behalf of the corporation under its seal is duly authorized; (d) keep a register of the post office address of each shareholder which shall be furnished to the Secretary by such shareholder, (e) sign with the President, or a Vice President, certificates for shares of the corporation, the issuance of which shall have been authorized by resolution of the Board of Directors; (f) have general charge of the stock transfer books of the corporation; and (g) in general perform all duties =—dent to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the president or by the Board of Directors. SECTION 7 +SAL.4R/E9 The salaries of the officers shall be fixed frons time to time by the Board of Directors and no officer shall be prevented from receiving such salary by reason of the fact that the officer is also a Director of the corporation. ARTICLE V CONTRACTS, LOANS, CHNCA S, AND DEPOSITS SECTION 1 COlvMC73 The Board of Directors may authorize any officer or officers, agent or agents, to entA r into any contract, to execute and deliver any instrument in the name of and on behalf of the a)rporation, and such authority may be general or confined to specific instances. 09/13/2016 15:01 4796462659 HAWINS AND CO PAGE 08109 SECTION 2 LOANS No loans shall be contracted on behalf of the corporation and no evidences of indebuxiness shall be issued in its tan' unless 8u10rined by a resolution of the Board of Dhectnrs. Such authority may be genu or confined to specific instances. SECTION 3 CHEC4 DR4FM SM All checks, draf4s, or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation shall be signed by such officer cir officers, agent or agents, of the corporation and in such manner as shall from time to time be determined by resolution of the Hoard of Direatars. SECTION 4 DEPOSITS All funds of the corpor2fi0n not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may select ARTICLE VI CERTIFICAM FOR SBARESAND TITEIR TRANSFER SECTION I CERT/FICRTESFOR+SHARF.S Certificates representing shares of the corporation shall be in such form as shall be determined by the Board of Directors. Such certificates shall be signed by the president and by the Secretary. All certificates for sbarea shall be consecutively numbered.or otherwise identified. The name and address of the person to whom the Shares represented thereby are issued, with the number of shares and date of issue, shall be entered on the stock transfer boolcs of the corporation. All certificates suaeadeced to the corporation for transfer shall be canceled avid no certificates shall be issued until the former certificate for a like number of shares shall have been surrendered and canceled, except that in case of a lost, destroyed or mudiletcd ewdficaie, a new one may be issued therefore upon such terms and indemnity to the corporation as the Board Of Directors may prescribe. SECTION 2 TR4NsFER OFStu&W Transfer of shares of the corporation shall be made only on the stock transfer boobs- of the corporation by the bolder of record thereof or by a legal representative, who shall Rmnbfh proper evidence of authority to t wsfer, or by an attorney thereurdo authorized by power of attorney duly executed and filed with the Secretary of the corporation, and on surrender for cancellation of the certificate for such shares. 'The person m whose name shares stand on the books of the corporation shall be deemed by the corporation to be the owner thereof for all purposes. AR'T'ICLE VII FISCAL YEAR The fiscal year of the corporation shall begin on the first day of January and end on t1m first day of December.'- 09/13/2016 15:01 4796462659 HAwiNS AND CO PAGE 09/09 ARTICLE IX SEAL The Board of Directors shall provide a corporate seal which shall be circular in form and shall have inscribed thereon the name of the corporation and conditions provided by law. ARTICLE XI AMENDMENTS These by-laws may be altered, amended or repealed and new by-laws may be adopted by unanimous vote of the Board of Directors at any regular of special meeting of the Board of Directors, or by affirmative vote of two-thirds of the outstanding shares. The foregoing by-laws of the corporation were adopted by the Board of Directoi s on this 1511 day of June, 2003. DIRECTOR DxRECTOR 6 DOCUMENT 00640 — WARRANTY BOND W and as principal ("Principal"), 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 17- Construction Dinsmore Trail Water Main Replacement. 2017 (the "Contract"), the provisions of whichare 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 mithin 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. FY0362 WARRANTY BOND 00640-1 DOCUMENT 00640 — WARRANTY BOND (continued) 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 25% of the final project value and shall effective for a period of two years. Executed on the :A day of 20 (Seal) Witness: ) Attest: ) (Seal) Surety END OF SECTION 00640 00640-2 FY0362 WARRANTY BOND DOCUMENT 00700 - GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.......................................................5 1.01 CONTRACT DOCUMENTS: ............................................................................................ 5 1.02 DEFINITIONS: .................................................................................................................. 5 1.03 TERMINOLOGY: .............................................................................................................. 9 ARTICLE 2 - PRELIMINARY MATTERS..........................................................................9 2.01 DELIVERY OF BONDS: ................................................................................................... 9 2.02 COPIES OF DOCUMENTS: ... .......................................................................................... 9 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: ..................... 9 2.04 STARTING THE.PROJECT:........................................................................................... 10 2.05 BEFORE STARTING CONSTRUCTION: ...................................................................... 10 2.06 PRECONSTRUCTION CONFERENCE: ........................................................................ 10 2.07 FINALIZING SCHEDULES: ........................................................................................... 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE.............10 3.01 INTENT: ........................................................................................................................... 10 3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: ........................ 12 3.03 OWNERSHIP AND REUSE OF DOCUMENTS: ........................................................... 12 ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS.................................................................................12 4.01 AVAILABILITY OF LANDS: ......................................................................................... 12 4.02 UNFORESEEN SUBSURFACE CONDITIONS: ............................................................ 12 4.03 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: .................................... 13 4.04 REFERENCE POINTS: ................................................................................................... 14 4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE MATERIAL: ..................................................................................................................... 14 ARTICLE 5 - BONDS AND INSURANCE..........................................................................15 5.01 PERFORMANCE AND OTHER BONDS: ...................................................................... 15 5.02 INSURANCE:.................................................................................................................... 16 FY0362 GENERAL CONDITIONS TOC - 1 DOCUMENT 00700 — GENERAL CONDITIONS (continued) ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES...................................................21 6.01 SUPERVISION AND SUPERINTENDENCE: ............................................................... 21 6.02 LABOR, EQUIPMENT, AND MATERIALS:................................................................ 22 6.03 ADJUSTING PROGRESS SCHEDULE: ........................................................................ 22 6.04 SUBSTITUTES OR "OR -EQUAL" ITEMS: ................................................................... 23 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: ....................... 24- 6.06 PATENT FEES AND ROYALTIES: ............................................................................... 25 6.07 PERMITS: ........................................................................................................................ 26 6.08 LAWS AND REGULATIONS: ....................................................................................... 26 6.09 TAXES: ............................................................................................................................ 26 6.10 USE OF PREMISES: ........................................................................................................ 26 6.11 RECORD DOCUMENTS: ............................................................................................... 27 6.12 SAFETY AND PROTECTION: ....................................................................................... 27 6.13 EMERGENCIES: .............................................................................................................. 28 6.14 SUBMITTALS: ................................................................................................................. 28 6.15 CONTINUING THE WORK: .......................................................................................... 29 6.16 INDEMNIFICATION: ..................................................................................................... 29 ARTICLE 7 - OTHER WORK.............................................................................................30 7.01 RELATED WORK AT SITE: .......................................................................................... 30 7.02 COORDINATION: ................................................ .......................................................... 31 ARTICLE 8 - OWNER'S RESPONSIBILITIES................................................................31 8.01 COMMUNICATIONS: .................................................................................................... 31 8.02 CHANGE OF ENGINEER:............................................................................................. 31 8.03 REQUIRED DATA: .......................................................................................................... 31 8.04 LANDS AND EASEMENTS: .......................................................................................... 31 8.05 INSURANCE: .................................................................................................................. 31 8.06 CHANGE ORDERS: ........................................................................................................ 31 8.07 INSPECTIONS AND'TESTS:......................................................................................... 32 8.08 STOPPING THE WORK: ................................................................................................ 32 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES: .................................................. 32 00700-2 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) TABLE OF CONTENTS (continued) ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............:.................32 9.01 OWNER'S REPRESENTATIVE: ..................................................................................... 32 9.02 VISITS TO SITE: ............................................................................................................. 32 9.03 PROJECT REPRESENTATION:..................................................................................... 32 9.04 CLARIFICATIONS AND INTERPRETATIONS: ........................................................... 33 9.05 AUTHORIZED VARIATIONS IN WORK: ..................................................................... 33 9.06 REJECTING DEFECTIVE WORK: ................................................................................ 33 9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS: ............................................ 33 9.08 DETERMINATIONS FOR UNIT PRICES: .................................................................... 33 9.09 DECISIONS ON DISPUTES: ........................................................................................... 34 9.10 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: ............................................ 34 ARTICLE 10 - CHANGES IN THE WORK..........................................................................35 10.01 GENERAL: ....................................................................................................................... 35 ARTICLE 11 - CHANGE OF CONTRACT PRICE............................................................36 11.01 GENERAL:.......................................................................................................................36 11.02 COST OF THE WORK: .................................................................................................... 37 11.03 CONTRACTOR'S FEE: ................................................................................................... 39 11.04 CASH ALLOWANCES: .................................................................................................. 40 11.05 UNIT PRICE WORK: ...................................................................................................... 40 11.06 RIGHT OF AUDIT: ........................................................................................................... 40 ARTICLE 12 - CHANGE OF CONTRACT TIMES.............................................................40 12.01 GENERAL: ....................................................................................................................... 40 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK............................................................................................................42 13.01 WARRANTY AND GUARANTEE: ................................................................................ 42 13.02 ACCESS TO THE WORK: ............................................................................................... 42 13.03 TESTS AND INSPECTIONS: ......................................................................................... 42 13.04 DEFECTIVE WORK: ............................................................ I ......................................... 43 13.05 UNCOVERING WORK: .................................................................................................. 43 FY0362 GENERAL CONDITIONS TOC — 3 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 13.06 OWNER MAY STOP THE WORK: ................................................................................ 44 13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK: ........................................... 44 13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD: ...................... ; ................. 44 13.09 ACCEPTANCE OF DEFECTIVE WORK: ..................................................................... 44 13.10 OWNER MAY CORRECT DEFECTIVE WORK: ......................................................... 45 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................45 14.01 SCHEDULE OF VALUES: .................................... ......................................................... 45 14.02 APPLICATION FOR PROGRESS PAYMENT: ............................................................. 46 14.03 CONTRACTOR'S WARRANTY OF TITLE: .............................................................. :.46 14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: ...................................... 46 14.05 SUBSTANTIAL COMPLETION: ................................................................................... 48 14.06 PARTIAL UTILIZATION: ............................................................................................... 48 14.07 FINAL INSPECTION: ..................................................................................................... 49 14.08 FINAL APPLICATION FOR PAYMENT:..................................................................... 50 14.09 FINAL PAYMENT AND ACCEPTANCE: ...................................................................... 50 14.10 CONTRACTOR'S CONTINUING OBLIGATION: ....................................................... 51 14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute:. 51 14.12 INTEREST: NOT APPLICABLE................................................................................... 51 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION...................................51 15.01 OWNER MAY SUSPEND WORK: ................................................................................ 51 15.02 OWNER MAY TERMINATE: ........................................................................................ 51 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: ............................................. 53 ARTICLE 16 - RESOLUTION OF DISPUTES....................................................................53 16.01 RESOLUTION OF CLAIMS AND DISPUTES.............................................................. 53 ARTICLE 17 - MISCELLANEOUS......................................................................................54 17.01 GIVING NOTICE: ........................................................................................................... 54 17.02 COMPUTATION OF TIME: ....................... I*--,""", .......... 54 17.03 CLAIMS, CUMULATIVE REMEDIES: ........................................................................... 54 00700-4 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 DOCUMENT 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 1.01A are Contract Documents. Files in electronic media format of text, data; graphics, and the like that may be 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. FY0362 GENERAL CONDITIONS 00700-5 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 forma 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. 00700-6 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. FY0362 GENERAL CONDITIONS 00700-7 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 10.01B. 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. 00700-8 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 "Turnish", "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. FY0362 GENERAL CONDITIONS 00700-9 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 00700-10 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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. FY0362 GENERAL CONDITIONS 00700-11 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 10.01D). 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. 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: 1. 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 00700-12 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 examinationof 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. 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 11 and 12. FY0362 GENERAL CONDITIONS 00700-13 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 claire 00700-14 FY0362 GENERAL CONDITIONS DOCUMENT 00.700 — GENERAL CONDITIONS (continued) 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. 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 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. B. 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. FY0362 GENERAL CONDITIONS 00700-15 DOCUMENT 00700 — GENERAL CONDITIONS (continued) C. Bonds signed by an agent must be accompanied by a certified copy of the authority to act. D. Date of Bonds shall be the same as the Effective Date of the Agreement. E. 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. 1. 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 Paragraph 5.0IA, 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) 00700-16 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) FY0362 GENERAL CONDITIONS 00700-17 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 $ 500 d. Business Automobile Liability (1) Any one loss or accident $1,000,000 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. Lc through 5.02A. l.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 FY0362 GENERAL CONDITIONS 00700-17 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 subcontractors of each and any of them) under such policies for losses arid 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: 1. 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, Subcontractbrs, 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 00700-18 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL .CONDITIONS (continued) 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 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. FY0362 GENERAL CONDITIONS 00100-19 DOCUMENT 00700 — GENERAL CONDITIONS (continued) F. Waiver of Rights: 1. 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 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 00700 —20 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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: 1. 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 i1ays,6f the date of delivery of such certificates and other evidence of insurance to Owner required by Paragraph 2.05C. 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. FY0362 GENERAL CONDITIONS 00700-21 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 9.1OC and 9.1OD. 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: As.further specified elsewhere in these or referenced documents. 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 00700 —22 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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. c. "Or -Equal" will not be considered until after Award of Contract. 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 FY0362 GENERAL CONDITIONS 00700 —23 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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, 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. e. Substitute items will not be considered until after Award of Contract. 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 perfonnance 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 00700 —24 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 FY0362 GENERAL CONDITIONS 00700 —25 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. Fees for permits issued by the City will be waived and the Permits issued by the City necessary for the work are .required. 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. 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 00700 —26 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 FY0362 GENERAL CONDITIONS 00700 —27 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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. 00700 —28 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 FY0362 GENERAL CONDITIONS 00700 —29 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 00700 —30 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 REOUIRED 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. FY0362 GENERAL CONDITIONS 00700-31 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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. 00700 —32 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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. Engineef 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 13.0513, 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.f irther 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 FY0362 GENERAL CONDITIONS 00700 —33 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 9.1OC or 9.1OD. 00700 —34 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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 FY0362 GENERAL CONDITIONS 00700 —35 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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, 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. 00700 —36 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) On the basis of the Cost of the Work (determined as provided in Paragraphs 11.02A and 11.0213) 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 11.02B. 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. 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 FY0362 GENERAL CONDITIONS 00700 —37 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 11.02A. 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. 00700 —38 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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.5.1 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 beagreed upon, 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.1 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.I through A.3 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of ten percent (10%) of the costs incurred by such Subcontractor under Paragraphs 11.02A. I 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 11.0213; 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. FY0362 GENERAL CONDITIONS 00700 —39 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 - 12.01 GENERAL: CHANGE OF CONTRACT TIMES 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 00700 —40. FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 �p 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 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 FY0362 GENERAL CONDITIONS 00700-41 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 13.0513; 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. 00700 —42 FY0362 GENERAL CONDITIONS DOCUMENT 00700 GENERAL CONDITIONS (continued) 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 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 FY0362 GENERAL CONDITIONS 00700 —43 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 nondefective 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. 13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD: A. Before final acceptance of the project, the contractor shall provide a maintenance bond in accordance with section 158.03 of the City of Fayetteville Unified Development Code. The bond shall be in the amount of 25% of the total contract price for a period of two years from the date of Substantial Completion. 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 nondefective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all 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 00700 —44 FY0362 GENERAL CONDITIONS DOCUMENT 00700 _ GENERAL CONDITIONS (continued) 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. 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 FY0362 GENERAL CONDITIONS 00700 —45 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 150' 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. 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 recommend 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 00700 —46 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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. FY0362 GENERAL CONDITIONS 00700 —47 DOCUMENT 00700 — GENERAL CONDITIONS (continued) G. Progress payments will be in the amount of 95% 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. The owner may forego withholding retainage of the progress payments if the construction contract is fifty -percent (50%) complete and the contractor has provided the work in a satisfactory manner. 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 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 00700 —48 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 FY0362 GENERAL CONDITIONS 00700 —49 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 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 00700 —50 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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; FY0362 GENERAL CONDITIONS 00700-51 DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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, 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 00700 —52 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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. 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. FY0362 GENERAL CONDITIONS 00700 —53 DOCUMENT 00700 — GENERAL CONDITIONS (continued) F. Disputes that cannot be settled through negotiation or the procedures in Paragraphs 16.0 1 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 deliveredin 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. 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 final payment and termination or completion of the Agreement. 00700 —54 FY0362 GENERAL CONDITIONS DOCUMENT 00700 — GENERAL CONDITIONS (continued) 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 DOCUMENT 00700 FY0362 GENERAL CONDITIONS 00700 —55 DIVISION 1- GENERAL REQUIREMENTS SECTION 01110 — SUMMARY OF WORK PART 1- GENERAL 1.1 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: Bid , Dinsmore Trail Water Main Replacement MWY Project No. FY0362 2. Location: Fayetteville, Arkansas. C. Engineer: The Contract Documents were prepared by: McGoodwin, Williams and Yates, Inc., 302 E. Millsap Rd, Fayetteville, AR 72703, 1.2 PROJECT DESCRIPTION: THE WORK UNDER THIS CONTRACT INCLUDES, BUT IS NOT LIMITED TO: Approximately 4,340 lineal feet of 8 -inch PVC waterline, tie-ins to existing facilities, fire hydrants, valves, and all other items as detailed and specified for a complete installation. 1.3 WORK BY OTHERS: A. Work Under Other Contracts: None. B. Work by Owner: None. C. Other Activities: None 1.4 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. 1.5 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. FY0362 SUMMARY OF WORK 01110-1 SECTION 01110 — SUMMARY OF WORK (continued) 1.6 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. 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. 1.7 PREORDERED EQUIPMENT AND MATERIALS: None. 1.8 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. 1.9 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: DINSMORE TRAIL WATER MAIN REPLACEMENT 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; and/or the City of Fayetteville Standard Water and Sewer Details; and/or AHTD standard details and specifications when not governed by City of Fayetteville standards. 2-01110 FY0362 SUMMARY OF WORK SECTION 01110 — SUMMARY OF WORK (continued) 1.11 SCHEDULE OF OWNER -SUPPLIED EQUIPMENT AND MATERIALS: None. PART 2 - PRODUCTS —NOT APPLICABLE. PART 3 - EXECUTION —NOT APPLICABLE. END OF SECTION 01110 FY0362 SUMMARY OF WORK 3-01110 SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT PART 1 - GENERAL 1.1 SUMMARY 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. FY0362 METHODS OF MEASUREMENT & PAYMENT 01125-1 SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT (continued) 1.5 PAYMENT A. Payment Includes: Except as modified herein, payment shall be full 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 A. Bid Item 5 — C900 DR 14 Class 200 Water Line: Payment for.8-inch pipe shall.be made at the unit price bid per linear foot, complete in place, and the price bid includes restrained joint pipe where called out on the Drawings. The price bid shall be full compensation for right-of- way preparation, stripping and stockpiling topsoil where required, trenching, furnishing and laying pipe and fittings, using native material and crushed stone material where required, backfilling, compaction, compaction of driveway crossings including 12 -inch depth crushed stone in gravel driveways, maintenance of driveways during construction, removal and replacement of existing fence as needed, removal and replacement of sidewalks from Sta. 3+05 to Sta. 3+45, pressure testing, chlorination, and every other item required for a complete installation as specified. 01125-2 FY0362 METHODS OF MEASUREMENT & PAYMENT SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT (continued) Measurement will be based on the total length of the line, including pipe required for ties to the existing system, with no deduction made for valves or fittings. Payment will be according to the percentage of work completed. The procedures to be used by the Engineer in determining the amount due each month will generally be as set out below. Pipeline Bid Items: The amount to be paid under pipeline bid items will be determined by converting the footage of pipe laid into an equivalent value of length of pipe for purposes of payment. This value will be the sum of percentage increments of completion of the pipeline construction. These percentage increments are: For all pipe laid in the trench, properly backfilled and compacted, excess material removed, final cleanup including seeding and mulching, and the surface graded smooth with all brush removed and properly disposed of — 90 percent of the bid price. Pipeline bid items will not be considered for payment unless all items except testing and sterilization are completed. For all sections of the pipeline that have passed specific pressure and leakage tests and have been properly sterilized — an additional 10 percent of the bid price. B. Bid Item 6 — Compact Ductile Iron Fittings: Payment for ductile iron fittings shall be made at the unit price bid per pound under this item, as provided. The unit price bid shall include the furnishing and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid. The weight of the fittings will be based on standard AWWA C153/A21.53 weight tables for naked, compact mechanical j oint fittings. The price bid shall include furnishing and. installing the fittings and the required concrete reaction backing in accordance with the reaction detail schedule set out on the Drawings. Payment for Megalugs, where shown on Drawings, will be made under this item. C. Bid Item 7 — Gate Valves and Boxes: Payment for 8" gate valves shall be made at the unit price bid for each valve, complete in place. The price shall include furnishing and installing the valves, valve boxes, concrete pad at ground surface, self -centering alignment ring, valve operator extension stems (if required), and every other item of work required for a complete installation. D. Bid Item 8 — Three -Way Fire Hydrant Assembly: Payment for 6 -inch, three-way fire hydrants will be made at the unit price bid. The bid price shall include furnishing and installation of the fire hydrant, riser as required, auxiliary valve, valve box and lid, locked hydrant adapter, thrust blocking, "Mega -Lug" type restrained joint gland, tracer wire, concrete slab around the valve box, paint, granular material for hydrant drainage, and all other material, equipment, tools, labor, and incidentals necessary to.complete the fire hydrant installation. The 6 -inch ductile iron fire hydrant leads will also FY0362 METHODS OF MEASUREMENT & PAYMENT 01125-3 SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT (continued) be paid under this bid item. Payment for the main line fitting will be made under Compact Ductile Iron Fittings item. E. Bid Item 9 — Remove Existing Fire Hydrant and Deliver to Owner: Payment for the removal of existing fire hydrants shall be made at the unit price bid for each existing hydrant removed and accepted by the City. The price shall include removing the existing fire hydrant including fittings and valve, delivering the hydrant with fittings and valve to the Owner, and all other materials, equipment, tools,.labor and incidentals necessary to complete the task. F. Bid Item 10 — 2" Combination Air Valve Assembly: Payment for combination air valve assembly shall be made at the unit price. bid for the assembly, complete in place, as indicated on the Drawings. The price bid shall include the 2 -inch tapping saddle, ball valve, piping and fittings, valve box and lid, and all other material, equipment, tools, labor, and incidentals necessary for a complete installation. G. ' Bid Item 11 Tie-in to Existing Water Main: Payment for the tie-in of the new 8" water main to the existing 8" water main shall be made in accordance with the lump sum bid price. The bid price shall include furnishing and installing the 8" tapping sleeve and valve with valve box and lid, valve nut extension (as required) with set screw, self -centering alignment ring, the water main tap, "Mega -Lug" type restrained joint glands, swivel adapter, tracer wire, polywrap, thrust blocking, testing, concrete slabs around the top of the valve box, and all other material, equipment, tools, labor, and incidentals necessary for a complete installation. H. Bid Item 12 — Reconnection of Existing 2'/4" Water Line to new 8" Water Main: Payment for reconnection shall be made at the lump sum price bid, complete in place. The price shall include all 8 -inch DIP beyond the 8 -inch gate valve (approx. Sta. 4+25), concrete anchor collar with restraints and 8 -inch DIP cap as shown on the anchor collar detail. The price bid shall also include all pipe and fittings necessary to reconnect the existing 2 '/4" water line to the new 8- inch water main, including saddle, valve with box, Type K copper pipe, and fittings as required. 1. Bid Item 13 — Single Meter Setting, Complete -in-place: Payment for meter settings shall be made in accordance with the unit price bid. Work completed under this item shall be measured and paid for by each (EA) standard water meter setting installed complete, tested, and accepted by the City. Payment shall include standard water meter setting of the same size and number of settings as the existing meter setting, or as designated by the Engineer or Owner, which shall be full compensation for connecting to the existing service line, connecting to the new service line, new meter box, meter 01125-4 FY0362 METHODS OF MEASUREMENT & PAYMENT SECTION 01125 —METHODS OF MEASUREMENT & PAYMENT (continued) setting, pressure reducer, fittings, service saddle with corporation stop, 1" Type K copper service line, and all equipment, tools, labor, and other materials necessary for completing the work. Bid Item 14 — Remove Existing Meter Setting: Payment for removal and return of each existing meter setting (called out to be replaced on the Plans) shall be made in accordance with the unit sum price bid. Work completed under this item shall be measured and paid for by each (EA) existing water meter setting removed. Payment shall include removal of the existing meter box, and yoke, abandoning the old water service connection, and all equipment, tools, labor, removal and delivery of the existing setting to the Owner, and other materials necessary for completing the work. Payment for water service lines will be made under a separate item. K. Bid Item 15 — Cut and Cap Existing 8" Water Main: Payment for this bid item shall be made at the lump sum price bid, complete in place. The price bid shall include installation of mechanical joint cap, "Mega -Lug" type restrained joint glands, thrust blocking, and all other materials, equipment, tools, labor and 'incidentals necessary to cut, plug, and kill the existing water main. L. Bid Items 16 — Reconnect Existing Water Meter Service: Payment for reconnection of existing water meter service shall be made at the unit price bid for each reconnection, complete in place, as shown on the Plans or as directed by the Owner. The price bid shall be full compensation for connecting the existing service line to the new water main, including fittings, service saddle with corporation stop, 1" Type K copper service line, crushed stone (SB2), surface repair, and all equipment, tools, labor, and other materials necessary for completing the work. M. Bid Item 17 — 2" HDPE Bored Casing: Payment for the HDPE bored casing shall be made at the unit pricebid for each casing, as shown on the Plans or as directed by the Owner, and all necessary work required for a complete installation. Work completed under this item shall be measured and paid for per linear foot (LF) of encasement pipe, of the size specified. Payment shall be full compensation for all encasement pipe, spacers, end seals, weld shields, sleeves for carrier pipe, excavation, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. N. - Bid Item 18 — Asphalt/Concrete Pavement and Driveway Repair: Payment for asphalt or concrete surface repair shall be made at the unit price bid per linear foot, complete in place. The price bid shall be full compensation for removal and disposal of excavated material, furnishing and placement of crushed stone (Class 7 ABC), and furnishing and placement of a 3 -inch thick FY0362 METHODS OF MEASUREMENT & PAYMENT 01125-5 SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT (continued) (after compaction) course of asphalt or a 9 -inch thick concrete surface in accordance with the Plan details. O. Bid Item 19 — Rip Rap/Bank Stabilization for Ditch Crossings: Payment for Rip Rap shall be made at the unit price bid per ton. The price shall include all costs related to purchase, delivery to the site, and placement to depth and width as detailed on the Drawings or directed by the Engineer. P. Bid Item 20 — Sediment Control, Erosion Control and Site Restoration, and Compliance with NPDES Stormwater Permit: Payment for erosion control shall be made at the lump sum price bid, complete in place. The price bid includes, but is not limited to, furnishing and installing such structural sediment and erosion control items as designated on the Sediment Control plan sheets, and other controls indicated on these sheets as a minimum. Specific BMPs are also outlined in the Comprehensive Best Management Practices Plan (CBMPP), and together with the Drawings, indicate to the Contractor how and when to incorporate the structural and non- structural components in order to comply with the NPDES stormwater permit. The lump sum price bid shall be full compensation for all equipment, materials, and labor needed for a complete installation and maintenance of BMPs described within the CBMPP and the Section 02270 Environmental Specifications. Q. Bid Item 21 — Trench or Safety Excavation System: Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. After contract award, the Contractor shall submit to the Owner a cost breakdown for the work involved in the lump sum price bid for Trench and Excavation Safety System for all water and sanitary sewer facilities and shall, with each periodic payment request, submit a certification by the "competent person" as defined in 29 CFR 1926.650(b) that the Contractor has complied with the provisions of the OSHA Standard for Excavation and Trench Safety Systems, 29 CFR 1926 Subpart P, for work for which payment is requested. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Owner, and will be full compensation for trench and excavation safety, including all materials, labor, and incidentals necessary to perform the work. 01125-6 FY0362 METHODS OF MEASUREMENT & PAYMENT SECTION 01125 — METHODS OF MEASUREMENT & PAYMENT (continued) PART 2 — PRODUCTS — Not Used PART 3 — EXECUTION — Not Used END OF SECTION 01125 FY0362 METHODS OF MEASUREMENT & PAYMENT 01125-7 SECTION 01250 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. This section includes: 1. Minor changes in the Work 2. Proposal request 3. Work Change Directive B. Related Sections: Document 00700 — General Conditions 1.3 MINOR CHANGES IN THE WORK A. Engineer will advise Contractor of minor changes in Work not involving an adjustment to Contract Price or Contract Times as authorized by the Document 00700 - "General Conditions", Subparagraph 9.05 by issuing Field Orders. 1.4 PROPOSAL REQUESTS 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 the 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: FY0362 CONTRACT MODIFICATION PROCEDURES 01250- 1 SECTION 01250 - CONTRACT MODIFICATION PROCEDURES .(continued) a. Include a 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. f. 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. 1) Use available total float before requesting an extension of the Contract Time. 4. On Owner's approval of a proposal require, Engineer will issue Change Orders for signatures by Owner and Contractor as provided in the Document 00700 "General Conditions". a. Upon execution of a Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values accordingly. 1.5 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 an Owner standard or approved form. B. Contractor shall maintain detailed records for changes in the Work performed on a time and material basis. 1. Submit an itemized account and. supporting data necessary to substantiate cost and time adjustments to the Contract. C. Engineer will issue Change Order for signatures by Owner and Contractor as provided in Document 00700 "General Conditions". D. Upon execution of a Change Order, Contractor shall promptly revise Construction Progress Schedule and Schedule of Values accordingly. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) C�1►1_�Z�3�.��Z�T1�[�a� ►II��7 2-01250 FY0362 CONTRACT MODIFICATION PROCEDURES SECTION 01270 — UNIT PRICES PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Submission procedures. 2. Changes of Contract Sum. 3. Description of Unit Prices. B. Related Sections: 1. DOCUMENT 00400— BID FORM. 2. DOCUMENT 00500 —AGREEMENT. 3. DOCUMENT 00700 — GENERAL CONDITIONS. 1.2 SUBMISSION PROCEDURES A. Insert on DOCUMENT 00400 — BID FORM, Unit Prices for Work or materials listed in this Section. 1. Such Unit Prices shall apply for additions and deletions. 1.3 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 ori 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 DOCUMENT 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. FY0362 UNIT PRICES 01270-1 SECTION 01270 — UNIT PRICES (continued) 1.4 DESCRIPTION OF UNIT PRICES Measurement and Payment of specific items shall be as specified in Section 01125 of the TECHNICAL SPECIFICATIONS. PART 2 — PRODUCTS — NOT USED PART 3 — EXECUTION — NOT USED END OF SECTION 01270 2-01270 FY0362 UNIT PRICES SECTION 01290 — PAYMENT PROCEDURES PART 1- GENERAL 1.01 SUMMARY A. Section Includes: 1. Schedule of values. 2. Applications for payment. B. Related Sections: 1. DOCUMENT 00700 — GENERAL CONDTIONS. 1.02 APPLICATIONS FOR PAYMENT A. Format: Document 01290.01 supported by Document 01290.02 or other approved format. 1. Owner will provide Contractor an electronic copy of Documents 01290.01 and 01290.02. B. Payment Period: As specified under DOCUMENT 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 DOCUMENT 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 mechanic's 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. FY0362 PAYMENT PROCEDURES 01290- 1 b. Provide 1 copy of data with cover letter for each copy of Application for Payment. (1) Indicate application number and date. (2) List each item in question by continuation sheet identification. 6. Submit application for final payment in accordance with DOCUMENT 00700 — GENERAL CONDITIONS Article 14. PART 2'- PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01290 01290-2 FY0362 PAYMENT PROCEDURES APPLICATION FOR PAYMENT Contract Number Contract Title: DINSMORE TRAIL WATER MAIN REPLACEMENT Application Number: Date: CONTRACTOR: Ordinance/Resolution Number: Address: Application for Work Accomplished Through the Date of: Effective: Encumbrance No: Original Contract Price............................................................................ [1]$ Net Change by Change Orders through ............................ [2]$, Current Contract Price (1 + 2)................................................................. [3]$ Completed Work ........................ [4]$ Stored Material ........................... [5]$ Total Completed and Stored to Date (4+5) [6]$ Previous Payments .................... [7]$ Previous Retainage .................... [8]$ Total Previous Applications (7+8)........................................................... [9]$ Amount This Application (6-9)............................................................... [10]$ Less Retainage This Application'......................................................[-][11]$ Release of Retainage............................................................................ [12]$ Due This Application (10-11+12).......................................................... [13]$ Retainage on Completed Work Only Accompanying Documentation: Attached Schedule of Values CONTRACTOR's Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by all prior Applications for Payment; (2) title of all Work, materials and equipment incorporated into said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective, and (4) all labor standards contract requirements have been complied with by CONTRACTOR and by each subcontractor employing mechanics or laborers at the site of the work. Dated: By: STATE OF COUNTY OF Subscribed and Sworn to before me this My commission expires: 01290.01 Application for Payment CONTRACTOR day of Notary Public Page 1 0596-1000 ENGINEER's Certification for'Payment In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Engineer certifies to the Owner that to the best of the Engineer's knowledge, information and belief the Work has progressed'as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNTCERTIFIED............................................................................. $ (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Schedule of Values that are changed to conform to the amount certified.) ENGINEER: Bv: Printed Name: OWNER's Approval Firm: The amount previously certified is approved for payment. By: Approved By: Distribution 0 Owner (4) 0 Contractor 0 Engineer 0 Other Date: Date: Date: 01290.01 Application for Payment Page 2 0596-1000 (� SCHEDULE OF VALUES ARKANSAS Contract Number Contract Title DINSMORE rP UL WA MR MVM REPLACEN N'r ao o®©o�000va 01290.02 Schedule of Values 01290.02-1 SECTION 01320 — PROJECT MEETINGS, SCHEDULES, AND REPORTS PART 1- GENERAL 1.1 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. 1.2 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. FY0362 PROJECT MANAGEMENT AND COORDINATION 01310-1 SECTION 01320 — PROJECT MEETINGS, SCHEDULES, AND REPORTS (continued) k. Safety and first-aid. 1. Security. in. 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: 1. 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 2-01310 FY0362 PROJECT MANAGEMENT AND COORDINATION 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. FY0362 SCHEDULE 01321-1 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 PART 3 - EXECUTION: NOT APPLICABLE END OF SECTION 01321 01321-2 FY0362 SCHEDULE SECTION 01325 — CONSTRUCTION PHOTOGRAPHS PART 1- 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 may be taken by Contractor personnel provided they are of sufficient quality, clarity, and content to adequately and clearly indicate the status and detail of the -Work as well as conditions before and after. the construction activities. If the quality and detail of the recordings is not adequate to clearly show the condition and detail of the Work as well as conditions before and after the construction activities, Contractor shall retain the services of an established professional electrographer experienced in the production of color audio/video tape documentation of the construction industry. Engineer will make the final determination of the adequacy of the tapes and recordings. PART 2 - 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. FY0362 CONSTRUCTION PHOTOS 01325-1 SECTION 01325 — CONSTRUCTION PHOTOGRAPHS (continued) 4. If Project is not completed during the Contract Times or authorized extensions, photographs shall continue to be taken at no increase in Contract Price. B. Construction photographs 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 RECORDINGS: A. Audio Ivideo 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. 01325-2 FY0362 CONSTRUCTION PHOTOS SECTION 01325 — CONSTRUCTION PHOTOGRAPHS (continued) 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 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 Production Procedures: 1. It is required that the audio / video recordings be produced while actually walking the construction route or site - NOT through the use of wheeled vehicles. 2. All video 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 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. FY0362 CONSTRUCTION PHOTOS 01325-3 SECTION 01325 —CONSTRUCTION PHOTOGRAPHS (continued) 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., 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 periodiq 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 01325-4 FY0362 CONSTRUCTION PHOTOS SECTION 01330 — SUBMITTALS PART1-GENERAL 1.1 SUMMARY A. This Section includes procedure, instructions, requirements and additional information about informational and technical .Submittals. 1.2 GENERAL INFORMATION A. Definitions: 1. Shop Drawings, product data, and Samples are parts of the Technical Submittals prepared by the Contractor, Subcontractor, manufacturer, or Supplier and submitted by the Contractor to the Engineer as a basis for approval of the use of Equipment and Materials proposed for incorporation in the Work or needed to describe installation, operation, maintenance, or technical properties. a. Shop Drawings include custom -prepared data of all types including drawings, diagrams, performance curves, material schedules, templates, instructions, and similar information not in standard printed form applicable to other projects. b. Product data includes standard printed information on materials, products, and systems; not custom -prepared for this Project, other than the designation of selections from available choices. C. Samples include both fabricated and unfabricated physical examples of materials, products, and Work; both as complete units and as smaller portions of units of Work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. Mock-ups are a special form of Samples which are too large to be handled in the specified manner for transmittal of Sample Submittals. 2. Informational Submittals are those technical reports, administrative Submittals, certificates,. and guarantees not defined as Shop Drawings, product data, or Samples. a. Technical reports .include laboratory reports, tests, technical procedures, technical records, and Contractor's design analysis. b. Administrative Submittals are those nontechnical Submittals required by the Contract Documents or deemed necessary for administrative records. These Submittals include maintenance agreements, Bonds, Project photographs, physical work records, statements of applicability, copies of industry standards, Project record data, security/protection/safety data, and similar type Submittals. C. Certificates and guarantees are those Submittals on Equipment and Materials where a written certificate or guarantee from the manufacturer or Supplier is called for in the Specifications. 3. Refer to Articles 1.3 and 1.4 of this Part for detailed lists of documents and specific requirements. B. Quality Requirements: 1. Submittals such as Shop Drawings and product data shall be of suitable quality for legibility and reproduction purposes. Every line, character, and letter shall be clearly legible. Electronic copies of drawings such as shall be useable for further reproduction to yield a legible hard copy. FY0362 SUBMITTALS 01330-1 SECTION 01330 — SUBMITTALS (continued) 2. Documents submitted to Engineer that do not conform to specified requirements shall be subject to rejection. Contractor shall resubmit conforming documents. If conforming Submittals cannot be obtained, such documents shall be retraced, redrawn, or photographically restored as may be necessary to meet such requirements. Contractor's (or his Subcontractor's) failure to initially satisfy the legibility quality requirements will not relieve Contractor (or his Subcontractors) from meeting the required schedule for Submittals. C. Language and Dimensions: 1. All words and dimensional units shall be in the English language. 2. Metric dimensional unit equivalents may be stated in addition to the English units. However, English units of measurement shall prevail. D. Submittal Completeness: 1. Submittals shall be complete with respect to dimensions, design criteria, materials of construction, and other information specified to enable Engineer to review the information effectively. 2. Where standard drawings are furnished which cover a number of variations of the general class of Equipment, each drawing shall be annotated to indicate exactly which parts of the drawing apply to the Equipment being furnished. Use hatch marks to indicate variations that do not apply to the Submittal. The use of "highlighting markers" will not be an acceptable means of annotating Submittals. Annotation shall also include proper identification of the Submittal permanently attached to the drawing. 3. Reproductions or copies of Contract Drawings or portions thereof will not be accepted as complete fabrication or erection drawings. Contractor may use a reproduction of Contract Drawings for erection drawings to indicate information on erection or to identify detail drawing references. Whenever the Drawings are revised to show this additional Contractor information, Engineer's title block shall be replaced with a Contractor's title block, and Engineer's professional seal shall be removed from the drawing. The Contractor shall revise these erection drawings for subsequent Engineer revisions to the Contract Drawings. 1.3 TECHNICAL SUBMITTALS A. Items shall include, but not be limited to, the following: 1. Reference information shall include: a. Specification Section name and number. b. Structure number, identification number or other information identifying location of item submitted. 2. Manufacturer's technical specification. 3. Catalogs, or parts thereof, of manufactured Equipment. 4. Shop drawings detailing fabrication. 5. Data sheets showing model numbers. 6. General outline drawings of Equipment showing: a. Overall dimensions in plan and elevation views. b. Location of major components. C. Material and weights of major components, including overall weight to be supported by structure. d. Location(s) of required building opening(s) and floor plate(s). 2-01330 FY0362 SUBMITTALS SECTION 01330 — SUBMITTALS (continued) 7. Detailed Equipment installation drawings with suggested installation sequence showing: a. Dimensions in plan, elevation and section views. b. Foundation details. C. Anchor bolt sizes) and location(s). d. Baseplate size(s). e. Alignment and adjustment procedures. f. Location, size, material and type of all connections to be made with item submitted. g. Clearances required for: 1) Erection 2) Operation 3) Disassembly for maintenance. 8. Electrical data including: a. Schematic diagrams for electrical items. b. Motor size and description. C. External connections with required loads. d. Terminal block numbers. e. Internal wiring diagrams. f. One -line diagrams. g. Control wiring diagrams. 9. Delivery and storage recommendations. Specific recommendations for equipment not to be immediately installed. 10. Recommended spare parts list specifically denoting long delivery items and all items convenient for stocking as optional replacement items. 11. Instruction, Operation and Maintenance Manual. 12. Detailed list of any exceptions taken to the requirements of the Technical Specification.. 13. Certification that the submitted material describes exactly the equipment to be provided. Substitutions of equipment subsequent to submittal approval will not be accepted. B. Instruction, Operation and Maintenance Manual: Equipment instruction books, operation and maintenance manuals prepared by the manufacturer shall include the following prepared specifically for this project rather than general instructions that are not designed for this project. Manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by the Contractor. Manuals shall include but not be limited to the following: 1. Equipment performance sheets. 2. Performance data including equipment function, normal operating characteristics, and limiting conditions. 3. Performance tests on equipment by manufacturers. 4. Descriptive literature including cut sheet for all equipment items purchased from sub - vendors. 5. Operating instructions including procedures for: a. Startup. b. Routine and normal operation and maintenance. 1) Lubrication procedures with recommended grades of lubricants (if required). C. Regulation and control. d. Trouble shooting. e. Replacing improperly functioning components subjected to wear. f. Normal and emergency shutdown. 6. Parts list, including predicted life of parts subjected to wear. FY0362 SUBMITTALS 01330-3 SECTION 01330 — SUBMITTALS (continued) T. All drawings, catalogs or parts thereof, manufacturer's specifications and data, samples, instructions, and other information specified or necessary: a. For Engineer to determine that the Equipment and Materials conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, operation, and maintenance of the Equipment and Materials, which Engineer will review for general content but not for basic details. C. For Engineer to determine what supports, anchorages, structural details, connections, and services are required for the Equipment and Materials, and the effects on contiguous or related structures and Equipment and Materials. 8. Warranties and guarantees. 9. Customer contact list with a minimum of 10 contacts from similar sized installations. 10. Contact name and telephone number for each installation 11. Address and contact information of nearest manufacturer -authorized service facility. 12. Information listed above shall be provided in electronic .pdf format a. All documents, formatting and the organization of said submittal shall adhere to the requirements of this Section. All drawings and diagrams must be provided at a file size large enough to maintain legibility and clarity in reproduction and printing. C. Samples: 13. Office Samples shall be of sufficient size and quantity to clearly illustrate the following: a. Functional characteristics of the product, with integrally related parts and attachment devices. b. Full range of color, texture, and pattern. 14. Field Samples and Mock-ups: a. Contractor shall erect field Samples and mock-ups at the Project Site and at a location acceptable to Engineer. b. Size or area shall be as specified in the respective Specification Section. C. Fabricate each Sample and mock-up complete and finished. d. Remove mock-ups at conclusion of Work or when acceptable to the Engineer if not a permanent part of construction. D. Schedule of Submittals: 1. Prepare for Engineer's concurrence, a schedule for submission of all Submittals specified or necessary for Engineer's approval of the use of Equipment and Materials proposed for incorporation in the Work or needed for proper installation, operation, or maintenance. Submit the schedule with the procurement schedule and construction progress schedule. Schedule submission of all Submittals'to permit review, fabrication, and delivery in time so as to not cause a delay in the Work of Contractor or his Subcontractors or any other contractors as described herein. 2. In establishing schedule for Submittals, allow 22 days after submittal to Engineer for reviewing original Submittals and 17 days after submittal to Engineer for reviewing resubmittals. 3. The schedule shall indicate the anticipated dates of original submission for each item and Engineer's approval thereof, and shall be based upon at least one resubmission of each item. 4. Schedule all Submittals required prior to fabrication or manufacture for submission within 90 days of the Notice to Proceed. Schedule Submittals pertaining to storage, installation, 4-01330 FY0362 SUBMITTALS SECTION 01330 — SUBMITTALS (continued) and operation at the Site for Engineer's approval prior to delivery of the Equipment and Materials. Resubmit Submittals the number of times required for Engineer's "Submittal Approved." However, any need for resubmittals in excess of the number set forth in the accepted schedule, or any other delay in obtaining approval of Submittals, will not be grounds for extension of the Contract Times, provided Engineer completes his reviews within the times specified. E. Transmittal.of Submittals: 1. All Submittals for Equipment and Materials furnished by Contractor, Subcontractors, manufacturers, and Suppliers shall be submitted to Engineer by Contractor. 2. After checking and verifying all field measurements, transmit all Submittals to Engineer for approval as follows: a. Submittal Information Block: 1) Indicate whether Submittal is prepared by Contractor, Subcontractor, or Supplier. 3. Mark each Submittal by Project name and number, Contract title and number, and the applicable Specification Section and Article number. Include in the letter of transmittal the Drawing number and title, sheet number (if applicable), revision number, and electronic filename (if applicable). Unidentified Submittals will be returned for proper identification. 4. Check and include Contractor's approval for Submittals of Subcontractors, Suppliers, and manufacturers prior to transmitting to Engineer. Contractor's approval shall constitute a representation to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or Contractor assumes full responsibility for doing so, and that Contractor has coordinated each Submittal with the requirements of the Work and the Contract Documents. a. At the time of each submission, call to the attention of Engineer in the letter of transmittal any deviations from the requirements of the Contract Documents. b. Make all modifications noted or indicated by Engineer and return revised Submittals until approved. Direct specific attention in writing, or on revised Submittals, to changes other than the modifications called for by Engineer on previous Submittals. After paper copy Submittals have been approved, submit copies thereof for final distribution. Previously approved Submittals transmitted for final distribution will not be further reviewed and are not to be revised. If errors are discovered during manufacture or fabrication, correct the Submittal and resubmit for review. C. Following completion of the Work and prior to final payment, furnish record documents and approved Samples and Shop Drawings necessary to indicate "as constructed" conditions, including field modifications, in the number of copies specified. Furnish additional copies for insertion in Equipment instruction books and operating manuals as required. All such copies shall ' be clearly marked "PROJECT RECORD." d. Keep a record copy of each Submittal at the Site. 5. Quantity Requirements: a. Except as otherwise specified, transmit all Shop Drawings in the following quantities: 1) Initial Submittal: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. FY0362 SUBMITTALS 01330-5 SECTION 01330 — SUBMITTALS (continued) 2) Resubmittals: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. 3) Submittal for final distribution: Electronic — 1 .pdf copy to Engineer 4) As -constructed documents: Electronic — 1 .pdf copy to Engineer b. Transmit Submittals of product data as follows: 1) Initial Submittal: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. 2) Resubmittals: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. 3) Submittal for final distribution: Electronic — 1 .pdf copy to Engineer. C. Transmit Submittals of Material Samples; color charts, and similar items as follows: 1) Initial Submittal — 5 to Engineer. 2) Resubmittal — 5 to Engineer.. 3) Upon approval, — 2 Samples will be returned to Contractor. d. Transmit Submittals of Equipment instruction books and operating manuals as follows: 1) Initial Submittal: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. 2) Resubmittals: Electronic — 1 .pdf copy to Engineer. 1 .pdf copy will be returned to Contractor. 3) Submittal for Final Distribution — 1 electronic copy to Engineer e. Transmit Submittals for reference only: 1 electronic copy to Engineer f. Owner may copy and use for internal operations and staff training purposes any and all document Submittals required 'by this Contract and approved for final distribution, whether or not such documents are copyrighted, at no additional cost to Owner. If permission to copy any such Submittal for the purposes stated is unreasonably withheld from Owner by Contractor or any Subcontractor, manufacturer, or Supplier, Contractor shall provide to Engineer 30 copies plus the number of copies required by Contractor at each final distribution issue. 6. Equipment erection drawings and other Submittals required for the installation of Equipment furnished by others under separate contract for installation under this Contract will be transmitted to Contractor by Engineer in the final distribution of such Submittals. 7. Information to Manufacturer's District Office: Contractor shall arrange for manufacturers and Suppliers of Equipment and Materials to furnish copies of all agreements, drawings, specifications, operating instructions, correspondence, and other matters associated with this Contract to the manufacturer's district office servicing the Owner. Insofar as practicable, all business matters relative to Equipment and Materials included in this Contract shall be conducted through such local district offices. F. - Engineer's Review: 1. Engineer will review and return Submittals to Contractor with appropriate notations. Instruction books and similar Submittals will be reviewed by Engineer for general content but not for basic details. .2. Work requiring a Submittal shall not be commenced or shipped until the Submittal has been marked "No Exceptions Taken" or "Make Corrections Noted" by Engineer. 3. Engineer's review of and response to Submittals will not relieve Contractor from Contractor's responsibility as stated in the GENERAL CONDITIONS. G. Submittal Action Stamp: 6-01330 FY0362 SUBMITTALS SECTION 01330 — SUBMITTALS (continued) 1. Engineer's review action will appear on all Submittals of Contractor when returned by Engineer to Contractor. Review status designations listed on submittal action stamp are defined as follows: a. "NO EXCEPTIONS TAKEN" — Signifies Equipment or Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents and is approved for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related Work. Copies of the Submittal are to be transmitted to Engineer for final distribution. b. "MAKE CORRECTIONS NOTED" - Signifies Equipment and Material represented by the Submittal conforms with the design concept and complies with the intent of the Contract Documents for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with fabrication or procurement of the item(s) and with related Work in accordance with Engineer's notations and is to submit a revised Submittal responsive to notations marked on the returned Submittal or written in the letter of transmittal. C. "AMEND AND RESUBMIT" — Signifies Equipment and Material represented by the Submittal appears to conform with the design concept and comply with the intent of the Contract Documents but information is either insufficient in detail or contains discrepancies which prevent Engineer from completing his review. Contractor is to resubmit revised information responsive to Engineer's annotations on the returned Submittal or written in the letter of transmittal. Fabrication or procurement of items represented by the Submittal and related Work is not to proceed until the Submittal receives a "No Exceptions Taken" response. d. "REJECTED — SEE REMARKS" — Signifies Equipment and Material represented by the Submittal does not conform with the design concept or comply with the intent of the Contract Documents and is disapproved for use in the Work. Contractor is to provide Submittals responsive to the Contract Documents. e. "PRELIMINARY SUBMITTAL" -Signifies Submittals of such preliminary nature that a determination of conformance with the design concept or compliance with the intent of the Contract Documents must be deferred until additional information is furnished. Contractor is to submit such additional information to permit layout and related activities to proceed. f. "FOR REFERENCE ONLY" — Signifies Submittals which are for supplementary information only; pamphlets, general information sheets, catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the intent of the Contract Documents. Engineer reviews such Submittals for general content but not for basic details. g. "COPY" — Signifies Submittals which have been previously approved and are being distributed to Contractor, Owner, Resident Project Representative, and others for coordination and construction purposes. H. INFORMATION SUBMITTALS: Informational Submittals are comprised of technical reports, administrative Submittals, and guarantees which relate to the Work, but do not require Engineer approval prior to proceeding with the Work. Informational Submittals include: 1. Welder qualification tests. FY0362 SUBMITTALS 01330-7 SECTION 01330 — SUBMITTALS (continued) 2. Welding procedure qualification tests. 3. X-ray and radiographic*reports. 4. Hydrostatic testing of pipes. 5. Field test reports. 6. Concrete cylinder test reports. 7. ASME pressure vessel test reports. 8. Certification on Materials: a. Steel mill tests. b. Roofing lab tests. C. Brick and concrete masonry unit lab tests. d. Paint lab tests. e. Metal paneling lab tests. f. Cement tests. 9. Soil test reports. 10. Air handling balancing reports. 11. Temperature records. 12. Piping stress analysis. 13. Shipping or packing lists. 14. Job progress schedules. 15. Equipment and Material delivery schedules. 16. , Progress photographs. 17. Warranties and guarantees. 18. Fire protection and hydraulic calculations. I. Transmittal of Informational Submittals: 1. All informational Submittals furnished by Subcontractors, manufacturers, and Suppliers shall be submitted to Engineer by Contractor unless otherwise specified. a. Identify each informational Submittal by Project name and number, Contract title and number, and the Specification Section and Article number marked thereon or in the letter of transmittal. Unidentifiable Submittals will be returned for proper identification. b. At the time of each submission, call to the attention of Engineer in the letter of transmittal any deviations from the requirements of the Contract Documents., 2. Quantity Requirements: a. Technical reports and administrative Submittals except as otherwise specified: 1) Engineer: Electronic — 1 .pdf copy b. Written Certificates and Guarantees: 1) Engineer: Electronic — 1 .pdf copy 3. Test Reports: a. Responsibilities of Contractor, Owner, and Engineer regarding tests and inspections of Equipment and Materials and completed Work are set forth elsewhere in these Contract Documents. b. The party specified responsible for testing or inspection shall in each case, unless otherwise specified, arrange for the testing laboratory or reporting agency to distribute test reports as follows: 1) Electronic: All parties shall receive a .pdf copy Engineer's Review: 8-01330 FY0362 SUBMITTALS SECTION 01330 — SUBMITTALS (continued) 1. Engineer will review informational Submittals for indications of Work or Material deficiencies. 2. Engineer will respond to Contractor on those informational Submittals which indicate Work or Material deficiency. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01330 FY0362 SUBMITTALS 01330-9 SECTION 01420 — DEFINITIONS AND STANDARDS PART 1- GENERAL 1.1 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. 1.2 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 FY0362 01420 DEFINITIONS & STANDARDS - 01420 _ 1 SECTION 01420 — DEFINITIONS AND STANDARDS (continued) 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. 1.3 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. 1.4 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 non -referenced 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 01420-2 FY0362 01420 DEFINITIONS & STANDARDS SECTION 01420 — DEFINITIONS AND STANDARDS (continued) 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 FY0362 DEFINITIONS AND STANDARDS 01420-3 SECTION 01580 —PROJECT IDENTIFICATION SIGNS PART 1 -GENERAL 1.1 SUMMARY A. This Section includes basic requirements for temporary Project identification and informational signs required during construction. B. Related Work.Specified Elsewhere: 1. Submittals: 00700 General Conditions; and the City of Fayetteville Standard Specifications for Design and Construction of Water Lines and Sewer Lines 2. Traffic Control signs specified elsewhere. 1.2 QUALITY ASSURANCE A. Design sign and structure to withstand wind and environmental conditions of locality. Provide with finish adequate to withstand weathering, fading, chipping, and peeling for duration of construction. 1.3 SUBMITTALS A. Submit as specified in SECTION 01330. B. Includes, but not limited to, the following: 1. Shop Drawings and product data as applicable. 2. Show content, layout, lettering, colors, structure, and foundation. PART 2 - PRODUCTS 2.1 IDENTIFICATION SIGNS A. • Project Identification: 1. Construct structure and framing of wood or metal, structurally adequate to resist design requirements of locality. 2. Construct sign surface of minimum 3/4 inch thickness exterior grade plywood with medium density overlay. Panels shall be of size to minimize joints. Overall size shall be 4' x 8'. 3. Rough hardware shall.be galvanized or aluminum. 4. Coating: Paint -colors selected by Owner. 5. Information Content: a. Project title, logo, and name of Owner as shown on Contract Documents. b. Names and titles of authorities. c. Name, title and address of Engineer. d. Name of prime Contractor and major Subcontractors. e. Any additional information requested by Owner. FY0362 PROJECT IDENTIFICATION SIGNS 01580-1 SECTION 01580 — PROJECT IDENTIFICATION SIGNS (continued) B. Contractor Identification: If not part of Project identification sign, provide and install Contractor's standard sign. 2.2 INFORMATIONAL SIGNS: A. Construction: 1. This includes signs for traffic, construction workers, and general public in regards to directions, warnings, hazards, locations of areas, facilities, equipment, and others of a similar nature. 2. Provide signs of.design, size, color, and lettering as required by regulatory agencies. Signs shall be painted metal, wood, plastic, or fiberglass and of materials suitable for the conditions in which they are placed, such as weathering and fading. 3. Construct structure and framing of wood or metal, structurally adequate to resist design requirements of area of Project. PART 3 - EXECUTION 3.3 INSTALLATION: A. Project and Contractor Identification Sign: 1. Install in appropriate location so as not to obstruct traffic, pedestrians, or construction operations. 2. Erect on framing or foundation, and rigidly brace. 3. Maintain sign in good repair, in a clean and neat condition. 4. Remove upon completion of Project. B. Informational Signs: 1. Install at appropriate locations and in sufficient quantities to assure visibility. Relocate as required by progress of Work. 2. Maintain signs in good repair, in a neat, clean, readable condition. 3. Remove all signs, framing, supports, and foundations upon completion of Project. END OF SECTION 01580 2-01580 FY0362 PROJECT IDENTIFICATION SIGNS DIVISION 2 - SITEWORK SECTION 02230 - SITE CLEARING AND DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A.. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protecting existing trees to remain. 2. Removing existing trees, shrubs, groundcovers, plants and grass. 3. Clearing and grubbing. 4. Stripping and stockpiling topsoil. 5. Demolition and removal of buildings. 6. Removing above- and below -grade site improvements. 7. Disconnecting, capping or sealing, and abandoning site utilities in place or removing site utilities, as indicated. 8. Temporary erosion and sedimentation control measures. B. Related Sections include the following: 1. Division 2 Section 02270 Environmental Compliance 2. Division 2 Section 02231Tree Protection and Trimming (for protecting trees remaining on- site that are affected by site operations.) 1.3 DEFINITIONS A. Demolish: Completely remove and legally dispose .of off-site. Select material may be disposed of on-site, as directed by the Owner. B. Recycle: Recovery of demolition waste for subsequent processing in preparation for reuse. C. Topsoil: Natural or cultivated surface -soil layer containing organic matter and sand, silt, and clay particles; friable; pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of subsoil and weeds, roots, toxic materials, or other non -soil materials. D. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. FY0362 SITE CLEARING AND DEMOLITION 02230- 1 SECTION 02230 — SITE CLEARING AND DEMOLITION (continued) 1.4 MATERIALS OWNERSHIP A. Unless otherwise indicated, demolition waste designated by the Owner to be disposed of off-site becomes the property of the Contractor. Stripped topsoil and demolition waste designated by the Owner to be disposed of on-site shall remain the property of the Owner. 1. Contractor shall obtain approval from authorities having jurisdiction prior to any burning of any materials on-site. 2. Contractor, shall comply with all local, state and Federal guidelines for disposal of waste materials offsite. Contractor shall provide any information or documentation required by the Engineer for materials disposed of offsite. B. Previously abandoned equipment, piping, appurtenances, historic items, relics, antiques, similar objects and other items of interest or value to the Owner that may be uncovered during demolition remain the property of the Owner. 1. Contractor shall carefully salvage in a manner to prevent damage and promptly return to Owner. 1.5 SUBMITTALS A. Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing. B. Record drawings, according to Division 1 Section "Contract Closeout," identifying and accurately locating capped utilities and other subsurface structural, electrical, and mechanical conditions. C. Copies of all applicable federal, state and local permits. D. Proposed Protection Measures: Submit informational report, including drawings, that indicates the measures proposed for protecting individuals, property and existing structures during clearing and excavation activities. Indicate proposed locations and construction of barriers. 1. Adjacent Buildings/Structures: Detail special measures proposed to protect adjacent buildings to remain. E. Schedule of Any Demolition Activities: Indicate the following: 1. Detailed sequence of demolition work, with starting and ending dates for each activity. 2. Temporary interruption of utility services. 3. Shutoff and capping or rerouting of utility services. 1.6 QUALITY ASSURANCE A. Pre -Installation Conference: Conduct conference at Project site prior to initiating clearing activities. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241 D. Pre -Demolition Conference: Conduct conference at Project site. Review methods and procedures related to building demolition including, but not limited to, the following: 1. Inspect and discuss condition of construction to be demolished. 2. Review structural load limitations of existing structures. 02230-2 FY0362 SITE CLEARING AND DEMOLITION SECTION 02230 — SITE CLEARING AND DEMOLITION (continued) 3. Review and finalize demolition schedule and verify availability of demolition personnel, equipment, and facilities needed to make progress and avoid delays. 4. Review and finalize protection requirements. 5. Review procedures for noise control and dust control. 6. Review procedures for protection of adjacent buildings. 7. Review items to be salvaged and returned to Owner. 1.7 PROJECT CONDITIONS A. Buildings/structures to be demolished will be vacated and their use discontinued before start of the Work. B. Buildings/structures immediately adjacent to demolition areas will be in use. Conduct building/structure demolition to minimize disruptions. 1. Provide not less than 2 days' notice of activities that will affect operations of adjacent roadways. 2. Maintain access to existing walkways, exits, and other facilities. C. Owner assumes no responsibility for buildings and structures to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. D. On-site storage or sale of items or materials designated by the Owner to be disposed of off-site is not permitted. . E. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site -clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used.facilities without permission from Owner, authorities having jurisdiction, and Engineer. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. . F. Salvageable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. G. Utility Locator Service: Contractor shall engage a utility locator service for the Project area before site clearing. 1. All existing utilities shall be marked prior to surface disturbance. 2. The locations of existing underground utilities shown in the Drawings are approximate and based on the best information available and may not reflect all existing utilities in the Project area. The Contractor is responsible for coordinating with the utility companies for locating existing utilities prior to construction and for protection of services during construction. H. Existing Utilities: Contractor shall protect existing utilities. Damage of the existing utilities shall be repaired, by the Contractor at no cost to the Owner. Do not commence site clearing operations until tree protection and temporary erosion and sedimentation control measures are in place. Do not commence site clearing operations until all applicable federal, state and local permits have been acquired. FY0362 SITE CLEARING AND DEMOLITION 02230-3 SECTION 02230 — SITE CLEARING AND DEMOLITION (continued) PART2-PRODUCTS 2.1 SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earthwork." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Locate and clearly flag trees and vegetated areas to remain or to be relocated. C. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner. 3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil -bearing water runoff or airborne dust to adjacent properties, waterways, and walkways, according to Division 2 Section 02270 "Environmental Specifications," the "Best Management Practices Plan," and all applicable federal, state and local requirements. B. Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. C. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.3 DUST CONTROL A. Use water mist and other suitable methods to limit spread of dust and dirt. Comply with governing environmental -protection regulations. Do not water when it may damage adjacent construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution. 3.4 TREE PROTECTION A. Erect and maintain temporary fencing around tree protection zones before starting site clearing. Remove fence when construction is complete. 3.5 UTILITIES A. Locate, identify, disconnect, and seal or cap off utilities indicated to be removed. 02230-4 FY0362 SITE CLEARING AND DEMOLITION SECTION 02230 — SITE CLEARING AND DEMOLITION (continued) Arrange with utility companies to shut off indicated utilities. Cut off pipe or conduit a minimum of 24 inches below grade Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing according to requirements of authorities having jurisdiction. B. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Engineer not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. C. Excavate for and remove underground utilities indicated to be removed. 3.6 CLEARING AND GRUBBING A. Stockpile existing topsoils removed during clearing and grubbing on-site for reuse. B. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. 3. Grub stumps and remove roots, obstructions, and debris extending to a depth of 18 inches (450 mm) below exposed subgrade. 4: Use only hand methods for grubbing within tree protection zone. C. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm), and compact each layer to a density equal to adjacent original ground. 3.7 TOPSOIL STRIPPING A. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with underlying subsoil or other waste materials. 1. Remove subsoil and non -soil materials from topsoil, including trash, debris, weeds, roots, and other waste materials. B. Stockpile topsoil materials where indicated on the Drawings, away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust. Comply with Division 1 requirements and as follows: 1. Limit height of topsoil stockpiles if required" by any permit. 2. Do not stockpile topsoil within tree protection zones. 3. Dispose of excess topsoil as specified for waste material disposal. 3.8 DEMOLITION, GENERAL A. Remove or protect existing above- and below -grade improvements as indicated and necessary to facilitate new construction. Work within limitations of governing regulations. B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated. FY0362 SITE CLEARING AND DEMOLITION 02230-5 SECTION 02230 — SITE CLEARING AND DEMOLITION (continued) Unless existing full -depth joints coincide with line of demolition, neatly saw -cut length of existing pavement to remain before removing existing pavement. Saw -cut faces vertically. Paint cut ends of steel reinforcement in concrete to remain to prevent corrosion. 3.9 SITE RESTORATION A. Site Grading: Uniformly rough grade area of demolished construction to a smooth surface, free from irregular surface changes. Provide a smooth transition between adjacent existing grades and new grades. 3.10 REPAIRS A. Promptly repair damage to adjacent buildings/structures caused by demolition operations. 3.11 DISPOSAL A. Disposal: Remove and dispose of offsite all surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris as determined by Owner. B. Disposal shall comply with all applicable federal, state and local requirements. . END OF SECTION 02230 02230-6 FY0362 SITE CLEARING AND DEMOLITION SECTION 02231 — TREE PROTECTION AND TRIMMING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Preserving and protecting all trees 3 -inch caliper or over identified on the drawings or field located and flagged by the Owner or Engineer. Contractor provides all materials, labor and equipment to preserve and protect plants. B. Related Sections: 1. Site Clearing and Demolition — Section 02230. C. Plant Damage Procedures: 1. Any loss or damage to plants designated for protection through negligence or non-- compliance with protection requirements is the Contractor's responsibility; 2. Immediately notify Owner of destruction, damage, or suspected damage to plants designated for protection; 3. Owner will determine damage, extent of damage, or loss of a plant designated for . protection; 4: Plant Loss: a. Contractor provides and installs a replacement plant: 1) of the same species and variety or cultivar approved by the Owner; 2) of an equivalent size and form approved by the Owner; 3) of equal quality, in accordance with ANSI Z60.1; b. With one-year warranty from the date of acceptance; c. If plant loss results from willful damage or destruction by the Contractor or his subcontractors, suppliers, or employees, replace the plant and pay the Owner monetary compensation equal to twice the appraised value of the tree. Plant Damage: a. Contractor provide a qualified tree surgeon or arborist and all labor, equipment, and materials for repairs to damaged plants satisfactory to Owner to return plant to healthy condition, growth, and form of the species and variety or cultivar. 1.2 REFERENCES A. AMERICAN ASSOCIATION OF NURSERYMEN (AAN) 1250 "1" St.. NW, Suite 500 Washington, DC 20005. 1. AAN/ANSI Z60.1 (1990) American Standard for Nursery Stock. B. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) 11 West 42nd Street, New Your, NY 10036. 1. ANSI A300 (1995) Tree Care Operations - Trees, Shrubs and Other Woody Pant Maintenance. C. STAFF of the L.H. BAILEY HORTORIUM, Cornell University. SECTION 02231— TREE PROTECTION AND TRIMMING (continued) HORTUS THIRD: A Concise Dictionary of Plants Cultivated in the United States and Canada - Reference of botanical plant names. 1.3 DEFINITIONS A. APPRAISED VALUE - value of the tree calculated by a registered or licensed arborist or Owner in accordance with the tree appraisal procedures of the American Society of Consulting Arborists. B. CALIPER - plant size measurement, diameter of a plant trunk measured six inches (152 mm) above grade (used only on plants six inches (152 mm) caliper or less). C. CRITICAL ROOT ZONE (CRZ) - a circle with a radius of 1 foot for every 1 inch (25 mm) of DBH, except for isolated specimen plants, which have a CRZ with a radius of 18 inches (457 mm) for every 1 -inch (25 mm) DHB. 1. For example, a 30 -inch (762 mm) DBH isolated specimen has a CRZ of 45 feet (13.7 m) radius. CRZ is to be determined in field by contractor and approved by owner or Owner prior to commencement of construction and/or demolition. D. DAMAGE - any encroachment into the critical root zone (CRZ) or drip line zone (DLZ). E. DIAMETER BREAST HEIGHT (DBH) - plant size measurement, diameter of a plant trunk measured at 4'-6" (1.37 m) above the ground (used only on plants over six inches (152 mm) caliper. F. DRIP LINE - the vertical edge of furthest reach of limbs around perimeter of plant or plant clump canopy. G. DRIP LINE ZONE (DLZ) - the zone enclosed by the drip line. H. QUALIFIED PROFESSIONAL - a registered Owner. SPECIMEN PLANTS - plants with a DBH of 24" or more, or plants having 75% or more of the DBH of the current state champion plant for that species. TREE PROTECTION AREA - the DLZ and CRZ of the plant. 1.4 SUBMITTALS: A. Product Data: 1. Root stimulator; 2. Anti -desiccant; 3. Barricades/Fences; 4. Silt Fence; 5. Fertilizer; 6. Results of soil analysis for existing or imported topsoils; 7. Copies of all Plant Board Inspection Certificates for Plant Materials and Products. B. Samples: 2-02231 FY0362 TREE PROTECTION AND TRIMMING SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) 1. One oz. sample of Root Activator; 2. One oz. sample of Anti -desiccant; 3. One gallon sample of fertilizer; 4. Signage. C. Quality Control/Assurance Submissions: 1. Documentation of tree surgeon or arborist experience and registration; 2. Certificate of Protection; 3. Verification of Treatment; 4. Soil Analysis for Replacement Plants; 5. Inventory of Permanently Damaged Plants. 1.5 QUALITY ASSURANCE: A. Qualifications: 1. Tree Surgeon: Company or registered arborist specializing in tree surgery (pruning, plant preservation, wound treatment, arboriculture and/or silvacult&e with five years documented experience. B. Regulatory Requirements: 1. Comply with all Federal, State and Local regulations and requirements. C. Replacement Plant Materials: 1. Grading tolerances allowed as specified in ANSI Z60.1; 2. Provide plant material free form disease and insect infestation. D. Comply with Arkansas Code 2-16-210 Plant Board Inspection and Certificate for Plant Materials and Products. E. Pre -Installation Meeting: 1. Contractor, Owner's Representatives and Owner to inspect the plants to be saved and to review the protective measures required, after plant protection areas and protection fences have been staked -out. 1.6 SCHEDULING: A. Verify with Owner that all plants designated for protection are shown on the construction documents or field located and flagged. B. Install all plant. protection measures prior to ANY site disturbance. 1.7 WARRANTY A. Provide one-year warranty from date of replacement plant material acceptance. B. Replace replacement plant materials found dead, or not in a healthy growing condition. FY0362 TREE PROTECTION AND TRIMMING 02231-3 SECTION 02231— TREE PROTECTION AND TRIMMING (continued) C. Replacements: Plant materials of same size and species, with a new warranty commencing on date of replacement and terminating upon final acceptance. 1.8 MAINTENANCE SERVICE A. Begin maintenance of plant materials immediately after planting and continue until final acceptance of the work. B. Include measures necessary to establish and maintain plants in a vigorous and healthy growing condition in accordance with ANSI A300: 1. Cultivation and weeding plant beds and plant pits. When herbicides are used for weed control, apply in accordance with manufacturer's instructions. Remedy damage resulting from use of herbicides; 2. Watering sufficient to saturate root system; 3. Pruning, including removal of dead or broken branches, and treatment of prune wounds; 4. Disease and insect control; 5. Maintenance of wrappings, guys, turnbuckles, reflectors, flagging and stakes; 6. Adjust turnbuckles to keep guy wires taut; 7. Repair or replace accessories when required; S. Replace mulch and topsoil after washouts; 9. Immediately replace dead plant materials; 10. Immediately remedy or replace plant in unhealthy growing condition; 11. Fertilize trees, shrubs and groundcovers every 45 days after installation. PART 2 - PRODUCTS 2.1 MATERIALS A. Anti -Desiccant: Wilt-Pruf, Dowwax, or Foligard. B. Barricade/Fences: Chain link, welded wire, snow fence, board or other product approved by Owner; C. Cable barriers: Extra high strength steel, with pre -formed grip and drop forged attachments; D. Erosion Control Bales: Straw bales anchored by wood stakes or rebar: E. Silt Fence (Filter Fence): Posts with filter fabric stretched across the posts, bottom edge of the filter fabric set in a trench, covered and held by backfill. Height of fabric 30 to 48 inches (762 to 1219 mm); F. Fertilizer: 1. Root Stimulator - An organic fertilizer formulated to stimulate root growth, approved by Owner. 4-02231 FY0362 TREE PROTECTION AND TRIMMING SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) PART 3 - EXECUTION 3.1 EXAMINATION A. Verify with the Owner that all existing plants designated for protection are shown on the drawings or flagged. B. Record location and condition of plants designated for protection that may have prior damage and inform the Owner. 3.2 RESPONSIBILITIES A. Owner: 1. Identify existing plants for protection on drawings or by flagging on site. B. Contractor: 1. Provide and install temporary fencing, barricades or guards to protect trees and other plants that are to remain; 2. Protect root systems by limiting foot traffic, protecting against vehicles and avoiding the storage of material or debris within the CRZ of plants; 3. Take necessary measures to prevent excessive compaction of the area within the drip lines; 4. In cases where construction activities must be performed within the DLZ of existing plants, take care to insure that as little damage as is possible is done to the root system; a. Protection methods for plants in this situation are to be approved by the Owner, in writing. 5. Engage a qualified tree Surgeon. C. Tree Surgeon: 1. Remove branches, if necessary to clear for new construction, from plants designated to remain; 2. Recommend procedures to preserve the plant and minimize damage where construction must be performed inside the DLZ; 3. Recommend procedures to compensate for the loss of roots; 4. Perform initial pruning of branches and stimulation of root growth where roots are removed to clear construction; 5. Perform plant repair work for damages incurred by new construction; 6. Prepare written certification that plants designated to remain have been protected during construction in accordance with recognized standards of the industry; 7. Prepare verification that plants were promptly and properly treated when damage occurred; 8. Inventory of Permanently Damaged Plants: Indicate which plants (if any) a. are incapable of reaching full growth potential, or b. are so badly damaged that they cannot attain a normal growth pattern characteristic to the species within one year. FY0362 TREE PROTECTION AND TRIMMING 02231-5 SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) 3.3 PREPARATION A.. Stakeout the limits of clearing, grading, and sediment and erosion control devices that affect plant protection, upon issuance of the permits by the plan review authorities. B. Include the CRZ or DLZ, whichever is greater, in the stakeout area of the plants to be protected. C. Indicate pertinent finished grades on the stakeout. D. Stakeout (with separate color code) the location of all plant protection fencing. E. Install all plant protection fencing, silt fencing, and signage as detailed on the Plant Protection Document prior to any clearing or grading. 3.4 PLANT PROTECTION A. Protect tops, trunks and roots of existing plants and trees designated for protection. B. Limit foot traffic within CRZ and DLZ. C. Box, fence or otherwise protect all designated plants and trees prior to any work. 1. Construct temporary protection fence four feet high; 2. Erect fence securely at CRZ or DLZ boundary or location shown on protection plan. D. Protect root systems from damage due to noxious materials caused by run-off or spillage during the course of construction activities. E. Protect root systems from flooding, erosion, or excessive wetting as a result of construction activities. F. DO NOT permit any equipment, vehicles, stockpiles, storage, burning, dumping of fluids, or use of herbicides within the CRZ, DLZ or protection area of plants designated for protection. G. If trenching for utilities is required'around roots of over 1" diameter, tunnel under or around roots by hand digging. 1. DO NOT sever main lateral roots or tap roots; 2. Cut smaller roots that interfere with installation of new work; 3. Cut roots that must be cut, with a sharp pruning instrument,. dot not break or chop; 4. DO NOT allow the roots to be exposed and dry out before backfill is placed over exposed roots; 5: If placement of permanent backfill is not possible immediately, provide a temporary earth cover or peat moss cover; 6. Maintain roots in a moist condition and protect from damage until permanent backfill is placed. H. Excavation, Grading and Backfilling Around Plants: 1. DO NOT excavate, grade or backfill within DLZ of designated plants. 6-02231 FY0362 TREE PROTECTION AND TRIMMING SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) 3.5 CONSTRUCTION WORK WITHIN DRIPLINE (DLZ) A. DO NOT perform construction work within DLZ without permission of the Owner. B. Excavation or trenching within the Drip Line: 1. Carry out excavation carefully with minimal disturbance to the plants' root system; 2. DO NOT cut major roots over 1 inch in diameter; 3. DO NOT cut main lateral roots or tap roots; 4. Tunnel under or around the roots by careful hand digging and without injuring the roots; , 5. DO NOT allow the roots to be exposed and dry out before backfill is placed over exposed roots; 6. If placement of permanent backfill is not possible immediately, provide a temporary earth cover or pack with peat moss and wrap with burlap; 7. Maintain roots in a moist condition and protect from damage until permanent backfill is placed; 8. Prune plant canopy to compensate for root loss. a. Estimate percent of root loss and remove equivalent amount of branches. 9. Preserve natural form of plant. C. Backfill within Drip Line: 1. When the existing grade at trees to remain is below the proposed finished grade, and fill not exceeding 6 inches is required: a. Place clean, washed gravel (graded from 1 inch to 2 inch size) directly around the tree trunk; b. Extend gravel out from the trunk a minimum of 18 inches and finish approximately 2 inches above the finished grade at the existing tree; C. Install gravel before any earth backfill is placed; d. DO NOT leave new earth fill in contact with the trunks of any plants requiring backfill. 3.6 PLANT REMOVAL A. Notify Owner seven days prior to any plant work. B. Owner will tag trees for removal or protection. If tags are removed, notify Owner for clarification. 3.7 PRUNING A. Obtain the services of an approved tree surgeon to remove branches, which would interfere with the work/construction areas, and to prune and shape existing trees to remain.' B. Perform pruning as follows with no additional cost to Owner. C. Begin pruning only with the Owner's approval. FY0362 TREE PROTECTION AND TRIMMING 02231-7 SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) D. When required, cut branches or roots using a sharp pruning implement; E. DO NOT break or chop branches or roots. F. Make'cuis flush, leaving no stubs. G. Dress wounds over 1/2 inch (13 mm) diameter with tree wound dressing. H. Trace the injured cambium back to living tissue and remove dead or injured tissue on cuts over 3/4 inch (19 mm) in diameter and bruises or scars on the bark. Limit pruning to the minimum amount necessary to remove dead or injured twigs and branches and to compensate for the loss of roots as a result of construction operations. K. Remove branches from plants that are to remain, if required to clear for new construction. L. Prune as directed for balance and shape of remaining plants for best possible appearance. M. Prune plants to preserve and enhance the natural form and DO NOT prune to a cultivated appearance. N. Perform cavity work, in the case of important large plants and trees where a small amount. of cavity work would prolong their lives. 3.8 DAMAGE A. Repair all damaged plants, under direction of Owner at no additional cost to Owner. B. Immediately notify Owner of destruction, damage or suspected damage to plants designated for protection or unusual problems which may affect plant health or survival. C. Any loss or damage to plants designated for protection through negligence or noncompliance with protection requirements is the Contractor's responsibility. D. Make repairs immediately after injury to prevent additional damage or deterioration. E. Procedures: 1. Owner will determine damage, extent of damage, or loss of a plant designated for protection; 2. Plant Damage: a. Contractor provides a qualified tree surgeon and all labor, equipment, and materials for repairs to damaged plants satisfactory to Owner to return plant to healthy condition, growth and form of the species and variety or cultivar. 3. Plant Loss: a. Remove and replace dead and damaged plants, including stumps, that are determined by the tree surgeon, arborist or Owner to be incapable of restoration to a normal growth habit. b. For any plant damaged beyond repair, remove and replace with replacement plants in accordance with Section 02490 8-02231 FY0362 TREE PROTECTION AND TRIMMING SECTION 02231 — TREE PROTECTION AND TRIMMING (continued) C. have topsoil's at plant to be replaced analyzed by U.S. Department of Agriculture Extension Service or approved independent testing laboratory and submit written analysis stating the nitrogen, phosphorus, and potassium requirements, organic matter content and pH value of the soil. d. Provide replacement plant: 1) of species and variety or cultivar approved by the Owner; 2) of an equivalent or larger size and form approved by the Owner; 3) of equal quality, in accordance with ANSI Z60.1; e. With one-year warranty from the date of acceptance. f. If plant loss results from willful damage or destruction by the Contractor or his subcontractors, suppliers, or employees, replace the plant and pay the Owner monetary compensation equal to twice the appraised value of the tree. 3.9 PLANT MAINTENANCE ACTIVITIES A. Carry out .all plant maintenance under the supervision of a licensed or certified arborist or tree surgeon. B. Ensure all plant protection work meets or exceeds the standards established by the National Arborist Association and American Society of Consulting Arborists. C. Strictly follow and enforce all applicable safety. D. Prune plants to National Arborist Association pruning standards Classes I - W. E. Fertilize all remaining plants on site after removal of undesirable vegetation and demolition. 1. Apply fertilizer in early spring according to manufacturer's recommendations. F. During periods of moisture stress, water plants whenever visual inspection indicates: 1. Plants have succumbed to drought stress (i.e., wilting or abnormal loss of foliage occurs); 2. Soil moisture content is below 50% of field capacity. G. Aerate (vertically mulch) root area of plants where soil has been compacted due to construction activity at the direction of the Tree Surgeon, Licensed Arborist or Owner. 1. Aerate by auguring the soil in a 2'-0" grid pattern to within 3'-0" of trunk and to 10'- 0" beyond the drip line; 2. Drill holes with a 2 -inch (50 mm) to 3 -inch (75 mm) hand operated auger to a minimum depth of 12 inches (300 mm); 3. Tree Surgeon, Registered Arborist or Owner will determine type of backfill. H. Treat any plant whose trunks, limbs or roots are damaged during construction within 24 hours. Heavy accumulations of dust from construction activity may occur on the surface of plant foliage. To control dust and protect plants, hose down foliage upon. the request of the Owner. FY0362 TREE PROTECTION AND TRIMMING 02231-9 SECTION 02231— TREE PROTECTION AND TRIMMING.(continued) 3.10 CLEANUP A. Remove all plant protection fencing, silt fencing and signage with permission of the Owner. B. Restore all areas disturbed by the fencing and/or signage. 3.11 DISPOSAL A. Remove all excess excavation, displaced plants, stumps, trimmings and dispose of off the Owner's property. B. Remove all demolition spoils including plant stumps, limbs, brush and vegetative waste from site and dispose in an approved facility for the handling of organic and/or yard wastes. C. The burial of spoils on site is PROHIBITED. D. Burning: 1. Burning on the Owner's property will be permitted only in designated areas and at times approved by the Owner. 2. Obtain all" required permits for burning from local fire chief and Arkansas Department of Pollution Control and Ecology. a.) Burning of spoils is permitted only with local fire chief and Arkansas Department of Pollution Control -and Ecology. 3. Perform in an approved site with appropriate supervision. 4. Attend all fires until extinguished. 5. Under no circumstances leave fires unattended. END OF SECTION 02231 10-02231 FY0362 TREE PROTECTION AND TRIMMING SECTION 02270 — ENVIRONMENTAL COMPLIANCE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Stormwater Pollution Prevention Plan (SWPPP) for Construction Activity for Small Construction Sites, Dinsmore Trail Water Main Replacement. C. Arkansas Department of Environmental Quality (ADEQ) General Stormwater Permit for Construction Activities (AR150000) November 1, 2016. D. ADEQ water quality certification letter for United States Army Corps of Engineers (USACE) Nationwide Permits, 2017. E. ADEQ Short Term Activity Authorization (STAA) Request No. (TBD). F. Code of Federal Regulations (CFR) Title 40 1. Part 112 —Oil Pollution Prevention 2. Part 302 — Designation, Reportable Quantities, and Notification G. Construction Site Best Management Practices Field Manual and Troubleshooting Guide, State of California Department of Transportation, Latest Edition. H. City of Fayetteville, Arkansas Drainage Criteria Manual, Latest Edition. I. City of Fayetteville Water and Sewer Standard Specifications, Latest Edition. J. US Fish and Wildlife Service (USFWS), Endangered Species Act and Gold and Bald Eagle Protection Act. K. Any other applicable Federal, State or local regulation, ordinance, or other existing requirement of environmental compliance associated with construction activities. 1.2 SUMMARY A. This Section includes the following: 1. ' Environmental compliance. 2. Environmental requirements. 3. Recording keeping. 4. Sediment and erosion control. 5. Final stabilization. FY0362 ENVIRONMENTAL COMPLIANCE 02270-1 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 1.3 DEFINITIONS a. A.- Best Management Practices (BMP): Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of water of the State. Includes treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Can be structural including rip -rap check dams and sedimentation basins, or non-structural including material storage practices. B. Operator: For the purposes of environmental compliance the Operator shall be the Contractor. The Contractor shall be in responsible charge of the limits of construction for the entire duration of construction. C. Owner: City of Fayetteville, Arkansas Water and Sewer Operations Division. D. Final Stabilization: Native perennial vegetative cover with a density of 80% of the native background vegetation cover for the area is established for all non -impervious areas. 1.4 SUBMITTALS A. Product Data: For the following: 1'. Silt Fence 2. Wattles 3. Topsoil 4. Rip -Rap 5. Grass seed 6. Tree preservation materials 7. Other Manufactured BMP's B. Sediment Control Plan Revisions as necessary to include changes, revision, or modifications to the following; 1. Structural erosion and sediment controls. 2. Surface disturbance. 3. Concrete Wash-out area. 4. Materials stockpile areas. 5. Staging areas. 6. Contractor field office location. 7. Employee restroom location. 8. Chemical storage location. 9. Offsite spoils disposal or materials storage areas to be permitted as a part of this project. C. Dewatering Sediment Control Plan: Plans showing location and controls for site excavation dewatering sediment control systems. D. Designation of Responsible Party. 1. Responsible for Permit compliance, daily maintenance and weekly inspection reports. E. Designation of Spill Coordinator. 1. Responsible for Permit compliance, daily maintenance and weekly inspection reports. a. Chemical Inventory Log, with Materials Safety Data Sheets (MSDS) b. Oil/fuel Inventory Log 02270-2 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) C. Waste Disposal Log d. Spill Log F. Weekly site inspection reports. G. Location for onsite storage of SWPPP and inspection reports. H. BMP Contractor experience list and reference contact information. I. Certified Arborist credentials, as required. 1.5 QUALITY ASSURANCE A. The Contractor and any Subcontractor performing the installation or maintenance of the BMP system shall participate in an Environmental Compliance pre-construbBion conference. 1. The Contractor shall designate a single point of contact staff member as the Responsible Party for completion and submittal of the inspection reports. The Contractor shall submit to the Engineer any changes to the Responsible Party. B. The Contractor shall exhibit experience in the installation and maintenance of structural BMP's and will have completed a minimum of 5 BMP installations of similar size and scope to this project within the last 5 years. 1. Experience shall be verified with a project listing and reference contact information. C. The Contractor shall designate a single point of contact staff member as the Spill Coordinator for completion of oil storage inventories and maintenance of material safety data sheets (MSDS) for all materials stored onsite. 1. Oil storage record keeping requirements shall be as noted in the CFR. D. The Contractor shall provide a Certified Arborist for all trimming to existing trees that are to remain as a part of this project. E. Contractor shall warranty the work for Environmental Compliance. 1.6 PROJECT CONDITIONS A. The project is sited in west Fayetteville north of HWY 62, along Dinsmore Trail, a public roadway. The site is upstream of the North Fork Farmington Branch, tributary of Goose Creek, a tributary of the Illinois River. Vicinity Maps are included in the SWPPP. Contractor shall protect the adjacent streams from pollution by sediment or chemical pollutant. B. The project site is NOT located within the Federal Emergency Management Agency (FEMA) 100 -year floodplain. C. The projects sites are located in a region of the United States and Arkansas where karst geology has created sub -surface voids that may be encountered on any project. There ARE NOT known sub -surface voids at or nearby the proposed locations for this project. If sub -surface voids are encountered as a part of the construction work on this project, work shall immediately stop and written notice shall be provided to the Engineer identifying the conditions encountered. 1. Caves shall be protected if encountered on this project. FY0362 ENVIRONMENTAL COMPLIANCE 02270-3 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 2. Living cave environments are known to be native habitat for the endangered blind cave fish and blind crawfish. Living cave environments shall be protected from disturbance or pollution. 3. Additional requirements, to comply with all applicable local, state, and federal regulations will be required for the mitigation of living cave environments encountered during work on this project. D. There ARE known endangered species or habitat at or nearby the proposed locations for this project. If endangered species or endangered species habitat is encountered as a part of the construction work on this project, work shall immediately stop and written notice shall be provided to the Engineer identifying the conditions encountered. 1. Endangered species shall be protected if encountered by this project. 2. Living cave environments are known to be native habitat for the endangered blind cave fish and blind crawfish. Living cave environments shall be protected from disturbance or pollution. 3. Additional requirements, to comply with all applicable local, state, and federal regulations will be required for the mitigation of endangered species of endangered species habitat encountered during work on this project. E. There ARE NOT known cultural or historic sites at or nearby the proposed locations for this project. If cultural or historic sites are encountered as a part of the construction work on this project, work shall immediately stop and written notice shall be provided to the Engineer identifying the conditions encountered. 1. Cultural and historic remains, artifacts, and sites shall be protected if encountered by this project. F. Notice of Intent (NOI): A NOI IS NOT required to be filed with ADEQ for this project. The Contractor shall sign the NOI, if required. Contractor shall maintain daily compliance with all stormwater permit requirements. G. ADEQ Short Term Activity Authorization (STAA) Permit: Contractor shall maintain daily compliance with all STAA permit requirements. H. The existing 8 -inch water main along Dinsmore Trail is an active facility operated by the City of Fayetteville along a public roadway. Existing water services shall be maintained all times for the duration of the construction project, except for short duration shut -offs coordinated with residents and approved by the Engineer. The Contractor shall coordinate with the Owner for access in and out of the construction areas and to maintain access at all times to existing driveways and in service equipment and facilities. Information provided for existing utility locations and sizes is based on a recent field marking of the approximate utility locations that was then surveyed to be included in the Drawings. Contractor shall field verify all locations, depths, and sizes of existing utilities prior to any BMP construction or surface disturbance. Protect existing utilities, buildings, and infrastructure to remain. 02270-4 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 1.7 PROJECT ENVIRONMENTAL COMPLIANCE A. Contractor shall maintain project environmental compliance as set forth in these Specifications and as required by all applicable Local, State and Federal regulations. B. Project Environmental Permits 1. ADEQ General Construction Stormwater Permit - ARR150000 2. USACOE Nationwide Permit No. 12 3. ADEQ STAA Permit No. — XXXXXX 1.8 PROJECT ENVIRONMENTAL REQUIREMENTS A. Contractor shall field verify locations of existing utilities. B. The Contractor shall protect Water of the State and Waters of the US from contamination by sediment or pollutants from this project. 1. The SWPPP and Sediment Control Plan Drawing represent a minimum starting point for mitigation of potential erosion caused by the proposed construction activities. The Contractor shall modify, revise, add or remove additional BMP's as necessary to maintain compliance with water quality standards and the ADEQ stormwater discharge permit. 2. Contractor shall select, install, implement, and maintain BMP's at the construction site that minimize or eliminate pollutants in stormwater discharges, as necessary to maintain compliance with all applicable water quality standards. 3. All structural BMP's shall be constructed in accordance with the Drawings, Specifications and the City of Fayetteville, Arkansas Drainage Criteria Manual. C. The Contractor shall not contaminate the air quality of the project site by smoke or other air borne pollutants from this project. 1. No burning shall be permitted as a part of this project. 2. Aerosols shall comply with all applicable local, state, and federal regulations. D. Contractor shall maintain adequate restroom facilities for staffing levels that are clean and routinely maintained. 1. Restroom facilities shall not be located next to chemical storage or waste disposal areas. 2. Restroom facilities shall be maintained by a certified waste hauler. E. Contractor shall maintain a chemical storage area with onsite chemical inventory in accordance with the CFR. Contractor shall maintain a concrete wash out area for disposal of concrete wastes. G. Contractor shall maintain trash facilities for all construction refuse. All waste shall be disposed of in accordance with all applicable Local, State and Federal requirements. H. Contractor shall maintain a stabilized construction entrance and shall prevent and/or clean-up offsite tracking of water, dirt, rock, or'any construction debris. 1. Provide wheel washing station and water source for washing muddy tires prior to driving on paved roadways. 2. Provide a street sweeper as required for cleaning roadways of construction mud, dirt or dust. FY0362 ENVIRONMENTAL COMPLIANCE 02270-5 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) I. Contractor shall maintain adequate stabilized onsite parking for all staff. Contractor shall post the ADEQ Notice of Coverage (NOC) and/or construction stormwater permit authorization letter at the construction site in a prominent location for public viewing. K. Contractor shall maintain a minimum of two (2) complete copies of the SWPPP. 1. SWPPP shall be continuously updated with the most current information including; a. Size, type, and location of structural BMP's. b. Date and description of changes. 2. Contractor shall maintain one (1) copy of the SWPPP in a weather proof container at the construction site in a prominent location for public viewing. 3. Contractor shall maintain one (1) copy of the SWPPP in a secured location onsite. L. Contractor shall include Environmental Compliance as an agenda item at each Progress Meeting. 1. Submit one (1) copy of all new site inspection reports and other SWPPP updates to the Engineer at the. project progress meeting. M. Contractor shall minimize the total area of disturbance at any one time to the minimum required for ongoing construction activities. 1. Areas that will not be utilized for construction for a period of fourteen (14) days or longer shall be temporarily or permanently stabilized. 2. The Contractor shall update the SWPPP as required for any increase in total project area or total disturbed area. a. Contractor shall comply with any new requirements of any updated ADEQ construction permits due to increase .in disturbed area. N. 'Contractor shall utilize water trucks and other means, as necessary, for control of onsite dust generation. O. Contractor shall comply with any tree protection or preservation requirements. 1. Permit requirements may limit the times of the year when tree removal is allowed. 2. Notify Engineer in writing prior to any tree trimming or removal. P. Contractor shall comply with the all City of Fayetteville ordinances, drainage manuals and standard specifications. PART2-PRODUCTS 2.1 SILT FENCE A. Silt fence shall conform with the requirements of AHTD Standard Specifications for Highway Construction, Latest Edition. 1. Geotextile Type 3 or Type 4. B. Silt Fence Fabric: Fabric shall be a woven 100% polypropylene geotextile fabric specifically designed for use as silt fence. 1. Grab Tensile Strength Minimum, ASTM D46320: 200 lbs. 2. Grab Tensile Elongation Maximum, ASTM D4632: 24% 3. Trapezoid Tear Strength Minimum, ASTM D4533: 75 lbs. 02270-6 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 _ ENVIRONMENTAL COMPLIANCE (continued) 4. CBR Puncture Strength Minimum, ASTM D6241: 650 lbs. 5. Percent Open Area Minimum, COE-02215: 10% 6. Pernuttivity Minimum, ASTM D4491 2.1 sec^ -1 7. ` Flow Rate Minimum, ASTM D4491 145 gal/min/ft^2 8. Products: a. Mirafi FW402, as manufactured by TenCate, Pendergrass, Georgia. b. Or equal. C. Silt fence shall be reinforced with maximum 4"x4" wire fabric, 14 gauge. D. Silt fence shall be anchored with 1.33lb/LF steel. 1. Minimum post length shall be 4 -feet. 2. Maximum post spacing shall be 6 -feet. 2.2 PERMANENT EROSION CONTROL MATTING A. Machine woven coconut bristle coir mat made from twisted coir twines, 100% biodegradable, with manufacturer rated field longevity of 4-6years minimum. Matting shall have open weave to allow for seeding over the installed mat. Matting shall conform to the following specifications. B. Weight Minimum, ASTM D3776: 29 oz/SY C. Tensile Strength Minimum, ASTM D4595: 900 lbs. D. Elongation Maximum, ASTM D4595: 24% E. Open area Minimum, Calculated: 38% F. Thickness Minimum, ASTM D 1777: 0.35 inch G. Minimum twine count/foot: 39x18 H. Products: 1. BioD-Mat 90, as manufactured by Rolanka International, Inc. of Stockbride, GA. 2. Or equal. 2.3 TEMPORARY EROSION CONTROL MATTING A. TBD 2.4 PERMANENT EROSION CONTROL WATTLE A. Densely packed coconut coir bristle in a cylindrical shaped knotted outer netting, 100% biodegradable, with manufacturer rated field longevity of the outer netting of minimum 2 years. The filler mattress coir fiber will not reduce in volume, but become a part of the soil with time. Wattle shall conform to the following specifications. B. Outer.netting: 2" x 2" knotted, manufactured from minimum 90lbs strength machine spun bristle coir twines. FY0362 ENVIRONMENTAL COMPLIANCE 02270-7 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) C. Inner filling: 100% coconut fiber (mattress coir) D. Density Minimum: 91bs/ft3 E. Unit Weight Minimum: 7lbs/ft F. Manufactured Length Minimum: IOft G. Manufactured Diameter Minimum: 12" H. Products: 1. BioD-Roll 30H, as manufactured by Rolanka International, Inc. of Stockbridge, GA. 2. Or equal. 2.5 TEMPORATY EROSION CONTROL WATTLE A. Densely packed all natural wood fiber in a tubular shaped woven outer netting, 100% biodegradable, with manufacturer rated field longevity' of the outer netting of minimum 1 year. The filler wood fiber will not reduce in volume, but become a composted soil material capable of being raked into the surrounding vegetative cover. B. Outer netting — woven biodegradable mesh maximum opening size '/4" C. Inner filling — 100% inert seed free wood fiber D. Dry Density — Min. 7 lb/ft E. Wet Density — Min. 15 lb/ft F. Manufactured length —Minimum 100' G. Manufactured diameter — Minimum 12" H. Products: 1. Silt Sock 12", as manufactured by Flextran Environmental Service's of Branson, MO. 2. Or equal. 2.6 PERMANENT EROSION CONTROL BLOCK A. Densely pack coconut coir bristle in a rectangular shape with woven bristle coir fabric attached to'the outer layer on three sides. 100% biodegradable. Both ends of the woven fabric are loose and allow for installation of the block. The filler mattress coir fiber shall not reduce in volume, but become a part of the soil with time. Block shall conform to the following specifications. B. Outer fabric: woven fabric from twisted bristle coir twines C. Tensile Strength Minimum: 1,100 lbs/ft D. Inner filling: 100% coconut fiber (mattress coir) 02270-8 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) E. Minimum Unit Weight: 7.7lbs/ft F. Minimum Block Height: 16" G. Minimum Block Thickness: 9" H. Minimum Block Length: IOft I. Minimum Fabric Length Top: 48" J. Minimum Fabric Length Bottom: 75" K. Minimum Fabric Length at female end: 6" L. Products: 1. BioD-Block 16-400, as manufactured by Rolanka International, Inc. of Stockbridge, GA. 2. Or equal. 2.7 SEDIMENT TRAP A. Sediment traps shall be constructed in accordance with requirements of the City of Fayetteville, Arkansas Drainage Criteria Manual, Latest Edition. B. Straw bales are not allowed for use as any part of a sediment trap. 2.8 VELOCITY DISSIPATION DEVICES A. Velocity dissipation devices shall comply with Caltrans Storm Water Quality Handbooks, Construction Site Best Management Practices Manual, Section 3 — Outlet Protection/Velocity Dissipation Devices SS -10. B. Rip -Rap — Minimum 12" nominal diameter. C. Straw bales are not allowed for use as energy dissipation devices. 2.9 CHECKDAMS A. Rip -rap — See Specification Section 02300 — EARTHWORK B. Manufactured — 10" Triangular Silt Dike, as manufactured by Triangular Silt Dike Co., Inc. of Luther, Oklahoma C. Straw bales are not allowed for use as checkdams. 2.10 STABILIZED CONSTRUCTION ENTRANCE A. Geotextile roadway reinforcement matting: See Specification Section 02300 earthwork. FY0362 ENVIRONMENTAL COMPLIANCE 02270-9 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) B. Rip -rap: 3" diameter crushed washed limestone. 2.11 TEMPORARY STABILIZATION A. Mulch 1. City of Fayetteville Compost Facility mulch. 2. Peat Mulch: Finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed -sedge peat and having a water - absorbing capacity of 1100 to 2000 percent. 3. Compost Mulch: Well -composted, stable, and weed -free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1 -inch sieve; soluble salt content of 2 to 5 deciSiemens/m. B. Grass seed — Perennial native grass seem mix. 2.12 FINAL STABILIZATION A. 6" Select Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Reuse surface soil stockpiled on-site. Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. 2. Supplement with imported or manufactured topsoil from off-site sources when quantities are insufficient. a. Import topsoil or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. B. Grass: Bermuda hydro -seed or 2" solid sod. 2.13 CONCRETE WASH-OUT A. A concrete wash-out shall be a water tight holding tank or basin, constructed of any material, and lined with min. 20 mil plastic sheeting to contain concrete wastes. 2.14 SWPPP POSTING A. A plastic or otherwise waterproof traditional mailbox, or other such device, shall be constructed onsite for use as the permanent site location for storage of the SWPPP and sediment control Drawings. Mailbox shall have letters "SWPPP" on two sides. 02270-10 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270— ENVIRONMENTAL COMPLIANCE (continued) PART 3 - EXECUTION 3.1 PREPARATION A. Contractor shall field verify location, depth, and size of existing utilities prior to construction of BMP's or surface disturbance. B. Revise SWPPP as required to meet site conditions and maintain compliance with all applicable Permits. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by construction of BMP's. D. Existing vegetated areas may be utilized as buffer zones to filter sheet flow runoff from adjacent construction activities. The Contractor shall prevent disturbance to vegetated buffer zones. 1. If a vegetated zone becomes over loaded with sediment or is otherwise disturbed by construction activities an alternative BMP shall be required. E. Existing topsoil may be collected and stockpiled onsite for use in final stabilization. Contractor shall protect stockpiled topsoil with temporary vegetation and mulch. F. Contractor shall construct a dedicated SWPPP mail box at a location approved by the Engineer. Contractor shall mainW tain a current copy of the project SPPP and sediment control Drawings in the mail box at all times. 3.2 BMP'S GENERAL A. Construct sediment traps and velocity dissipation devices first, followed by perimeter silt fence and check dams. B. Limit the extent of disturbance to the minimum required at any time for ongoing construction activities. C. Perimeter controls shall remain installed and maintained until final stabilization of the portions of the site upslope from the control. D. Flow diversion shall be constructed on the upslope side of the limits of construction to prevent runoff from entering the construction areas. E. Accumulated sediment shall be periodically removed from all BMP's to maintain performance. F. Damaged BMP's shall be repaired immediately to maintain full site stormwater runoff conirol. G. Disturbed areas that are no longer needed as construction areas shall be temporarily or permanently stabilized according to these specifications. H. Sediment traps, energy dissipation devices, and check dams shall be used in areas that receive concentrated flows. . 1. Silt fence shall not be used to control concentrated flows. FY0362 ENVIRONMENTAL COMPLIANCE 02270- 11 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 3.3 STABILIZED CONSTRUCTION ENRANCE A. Construct a driveway entrance for construction traffic that eliminates or minimizes off-site tracking of mud, dirt, debris, and other sediment. B. Construct stabilized entrance in accordance with Specification Section 02300 — Earthwork. C. Stabilized construction entrance shall be maintained free of accumulated mud and dirt. Contractor shall excavate and replace roadway material as required. D. Contractor shall maintain sufficient equipment and manpower to quickly and effectively clean up off-site tracking of construction sediments. 3.4 STABILIZED EMPLOYEE PARKING, MATERIALS STORAGE, FIELD OFFICE. A. Construct a parking and material storage area suitable for project construction traffic that eliminates or minimizes off-site tracking of mud, dirt, debris, and other sediment. B. Construct stabilized areas in accordance with Specification Section 02300 — Earthwork. C. Stabilized areas shall be maintained free of accumulated mud and dirt. Contractor shall excavate and replace material as required. D. Contractor shall maintain sufficient equipment and manpower to quickly and effectively clean up off-site tracking of construction sediments. 3.5 CONCRETE WASH-OUT A. Concrete wash-out shall be located at the stabilized construction material laydown area. B. The concrete wash-out shall be maintained such that no spills of concrete waste occur. C. Concrete wash-out shall be periodically emptied of accumulated concrete waste to prevent spillage due to accumulated material or storm waters. 3.6 WASTE, FUEL AND CHEMICAL STORAGE AREAS A. The waste, fuel and chemical storage area shall be located at the stabilized construction material laydown area. B. The Contractor shall maintain waste and chemical storage area free of trash and debris in accordance with all applicable laws, ordinances, regulations, and best management practices. C. The Contractor shall report to the Engineer and Owner in writing any chemical spills or release of hazardous materials that occurs onsite, as required by CFR. D. The Contractor shall post appropriate signage and warning for waste and chemical storage areas. E. Secondary containment shall be provided, as required, for bulk fuel or chemical storage. 02270-12 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) F. In the event of a spill the Contractor shall immediately take all measures necessary to contain and clean up the spill. At a minimum all soil material that is contaminated shall be excavated and disposed of in accordance with all applicable environmental regulations. Removed soil shall be replaced with uncontaminated material, as approved by Engineer. 3.7 SEDIMENT TRAP A. Sediment traps shall be required for concentrated discharges that drain a total of 10 acres or more. B. Sediment traps shall be maintained free of accumulated material after each storm event of 1 -inch or more rainfall depth, or after 1/3 of the capacity of the trap has been filled. C. Sediment traps shall be constructed and utilized for the filtering of water from dewatering activities associated with project excavation. 3.8 ENERGY DISSIPATION DEVICE A. Energy dissipation devices shall be constructed at all concentrated discharge locations. 3.9 CHECK DAMS A. Check dams shall be anchored into the ground a minimum of 6 -inches. B. Check dams shall impound water upstream of the dam location and shall direct a concentrated discharge from the middle point. 1. Construct such that the center point elevation is the low point, and is a minimum of 1 -foot below the elevation of the two ends of the check dam. 3.10 SILT FENCE A. Silt fence shall be constructed parallel with the contours and shall include "wings". 1. Silt fence wings shall be 10 -foot long sections of the continuous silt fence constructed at a 45 -degree angle pointing up-slope at -each end of each run of silt fence. B. Silt fence utilized as a perimeter control where the boundary line is perpendicular to the contour shall be constructed with multiple levels, each level parallel to the contours. C. Silt fence shall be trenched into the subgrade soil a minimum of 6 -inches. D. Silt -fence support posts shall be anchored a minimum of 18 -inches into subgrade soils. E. Silt fence shall be stretched and securely fastened to the support posts with wire fasteners, staples, or clips. F. Silt fence fabric shall be on the upslope side of support posts. G. Silt fence shall be constructed at the bottom of each slope and at the boundary of the limits construction. FY0362 ENVIRONMENTAL COMPLIANCE 02270-13 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) H. Construct silt fence to eliminate concentrated flows. I. Silt.fence shall be replaced, as required by the Engineer, after a maximum service life of 6 months. 3.11 EROSION CONTROL MATERIALS GENERAL A. Place permanent erosion control materials on finished grades free of mud, frost, snow, or uce. B. On prepared finished grades, place permanent erosion control materials under topsoil. C. Place materials starting at the top of slope working down, or the upstream end of flow areas working downstream. 1. Key in upper edge of materials into soil a minimum of 6" x 6" continuous. Anchor at intervals as recommended by the manufacturer. a. Anchor with 2" x 2" square, 12" long wooden anchor stakes with nail or hook to catch material. D. Place permanent erosion control matting first, then wattles, then blocks. E. Place materials continuous across flow lines, stagger joints and overlap as recommended by material manufacturer. F. Permanent Erosion Control Matting 1. Remove loose rocks, roots and other obstructions. Apply soil amendments and seed mix as required, see Landscape Specifications. 2. Key in upper edge of material and unroll downstream laying matting loosely over the ground. 3. Push matting into soils to ensure good continuous matting to soil contact. 4. Construct permanent erosion control matting a minimum of 2ft past top of bank or top of slope. 5. Anchor matting with minimum 8" long steel stakes, or minimum 12" long wooden stakes at spacing intervals as recommended by manufacturer for slope and application. 6. Place anchors in a staggered pattern 7. Overlap edges of adjacent mats a minimum of 12 inches. Anchor overlapping seam with a two rows of anchors spaced 6 -inches apart. 8. Complete matting installation by burying the end of the mat in a key slot; minimum 6" x 6", anchor with 12" long wooden stakes. G. Permanent Erosion Control Wattle 1. Construct permanent erosion control wattles as continuous barriers at tops and toes of slopes. 2. Construct permanent erosion control wattles at each outlet or inlet and at 30ft intervals along concentrated flow areas. a. Wattles in flow areas shall extent up side slopes to a point where flow must overtop wattle to pass it. 3. Construct wattle on top of erosion control matting, as shown. 4. Anchor wattles every aft with minimum 24" long wooden wedges with a nail on the top to secure wattle to the ground. H. Permanent Erosion Control Block 1. Lay blocks on top of erosion control matting, as shown. 02270-.14 FY0362 ENVIRONMENTAL COMPLIANCE SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 2. Anchor with minimum 8" long steel stakes or 12" long wooden stakes at spacing intervals as recommended by manufacturer. 3.12 STREAM CROSSING BMP'S A. TBD 3.13 TEMPORARY STABILZATION A. Disturbed areas that are not shown to be a part of active construction for 14 days or longer on the Contractor's Construction Schedule shall be temporarily stabilized. B. Mulch: Hand spread a minimum thickness of 12 -inches of mulch over area. C. Grass seed: Lightly mulch and over seed area to be temporarily stabilized with Bermuda or other approved grass seed. 3.14 FINAL STABILIZATION A. Complete all grading and disturbance activities. B. Spread 4" of topsoil. Minimally compact. C. Spread 4" of mulch. Hand rake mulch into topsoil to create uniform thickness. D. Hydro -seed or solid sod. Comply with requirements of Springdale Water Utility Standard Specifications. E. Final stabilization shall be determined by the Engineer. Final stabilization is required prior to Final Acceptance of the project. F. Contractor shall maintain responsibility for watering and maintaining permanent vegetative cover for a period of one (1) month after Final Acceptance of the project. G. After Final Stabilization has been achieved, the Contractor shall remove all BMP's from the site and repair any areas that are disturbed during the removal. 3.15 FIELD QUALITY CONTROL A. The Responsible Party shall perform a site walk through a minimum of bi-weekly, as well as Within 24 -hours of any storm of rainfall depth V or greater, and perform inspections of all structural BMP's. B. Site inspection reports shall be provided in writing to Owner and Engineer within 48 hours of completion of walk though. FY0362 ENVIRONMENTAL COMPLIANCE 02270-15 SECTION 02270 — ENVIRONMENTAL COMPLIANCE (continued) 3.16 PROTECTION A. Contractor shall protect BMP's and repair or replace them as necessary during the entire duration of construction activities. B. Contractor shall protect all onsite chemical, oil, and fuel storage. 3.17 WARRANTY A. The Contractof shall warranty the work for environmental compliance for a period of time as required to achieve final stabilization. B. In the event of an environmental regulatory non-compliance incident(s) that results in a fine or penalty assessed against the Owner, the Contractor shall be liable for payment of said fines(s) or penalties. 1. The Contractor shall provide the Engineer and Owner with all pertinent information required for any non-compliance event. C. Contractor shall maintain responsibility for watering and maintaining permanent vegetative cover for a period of one (1) month after Final Acceptance of the project, or until final stabilization is achieved, whichever occurs later. END OF SECTION 02270 02270-16 FY0362 ENVIRONMENTAL COMPLIANCE DOCUMENT 02271 - STORMWATER POLLUTION PREVENTION PLAN Stormwater Pollution Prevention Plan (SWPPP) for Construction Activity for Small Construction Sites: Dinsmore Trail Water Main Replacement National Pollutant Discharge Elimination System (NPDES) General Permit # ARR150000 Prepared for: CITY OF FAYETTEVILLE, ARKANSAS Date: December 14, 2016 Prepared by: Zane Lewis, P.E. McGoodwin, Williams, and Yates, Inc. MWY Project No. Fy=362 Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Project Name and Location: Dinsmore Trail Water Main Replacement, Fayetteville, Arkansas Page 1 Property Parcel Number (Optional): Dinsmore Trail is an existing roadway in South West Fayetteville, Washington County. Dinsmore Trail is accessed from MLK Blvd. (AR HWY. 62 W) just west of the intersection with 1-49. The beginning point of the water line replacement is located at approximately 36.052851 N, 94.213793 W. The end point of the water line replacement is located approximately at 36.060824 N, 94.213156 W. Operator Name and Address: Tim Nvander, Utilities Director 2435 S Industrial Drive, Fayetteville, ar 72701 Phone: (479) 575-8384 A. Site Description a. Project description, intended use after NO1 is filed: Construction of approximately 4,300 lineal feet new 8 -inch PVC waterline (to replace an existing 8 -inch waterline) including; tie-ins to existing facilities and services, fire hydrants, and valves. b. Sequence of major activities which disturb soils: Structural controls and contractor access and lavdown area construction, contractor equipment mobilization, excavation, pipe construction and testing, backfill, final grading, final stabilization. c. Total Area:2.96 Acres Disturbed Area: 1.97 Acres B. Responsible Parties C. Receiving Waters a. The following water body (or water bodies) receives stormwater from this construction site: Goose Creek Tributary of Goose Creek, thence Illinois River. b. Is the project located within the jurisdiction of an MS4? ®Yes ❑No If yes, Name of MS4: - City of Fayetteville c. Ultimate Receiving Water: Revised date: 07/13/2016 Service Provided for SWPPP (i.e., Individual/Company Phone Number Inspector, SWPPP revisions, Stabilization Activities, BMP Maintenance, etc.) McGoodwin, Williams, & Yates. (479) 443-3404 Designer, Preliminary SWPPP Tim Nyander, (479) 575-8384 Owner, Water and Sewer Staff City of Fayetteville TBD TBD Contractor (responsible for BMP maintenance and stabilization) TBD TBD Contractor Foreman / Supt./Project Manager C. Receiving Waters a. The following water body (or water bodies) receives stormwater from this construction site: Goose Creek Tributary of Goose Creek, thence Illinois River. b. Is the project located within the jurisdiction of an MS4? ®Yes ❑No If yes, Name of MS4: - City of Fayetteville c. Ultimate Receiving Water: Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity Page 1 ARR150000 ❑Red River ❑White River ❑Ouachita River ❑St. Francis River ®Arkansas River ❑Mississippi River D. Site Map Requirements (Attach Site Map): See Contract Drawings. a. Pre -construction topographic view; b. Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after grading activities; c. Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit; d. Location of major structural and nonstructural controls identified in the pla.n; e. Location of main construction entrance and exit; f. Location where stabilization practices are expected to occur; g. Locations of off-site materials, waste, borrow area, or equipment storage area; h. Location of areas used for concrete wash-out; i. Location of all surface water bodies (including wetlands); j. Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable, k. Locations where stormwater is discharged off-site (should be continuously updated); I. Areas where final stabilization has been accomplished and no further construction phase permit requirements apply. E. Stormwater Controls a. Initial Site Stabilization, Erosion and Sediment Controls, and Best Management Practices: i. Initial Site Stabilization: structural controls including check dams in series at concentrated flow areas, silt fence or wattle perimeter control, culvert inlet protection as required and stabilized construction access and lavdown areas. ii. Erosion and Sediment Controls: Silt Fence, wattles, vegetative buffer zones, and Check Dams, mulch and seed or sod. iii. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the Contractor will replace or modify the control for site situations: ®Yes ❑No If No, explain: / iv. Off-site accumulations of sediment will be removed at a frequency sufficient to minimize off-site impacts: ®Yes ❑No Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Page 2 If No, explain: Note: Off-site accumulations of sediment are not - anticipated, however they will be addressed if they occur. v. Sediment will be removed from sediment traps or sedimentation ponds when design capacity has been reduced by 50%: ®Yes ❑No vi. Litter, construction debris, and construction chemicals exposed to stormwater shall be prevented from becoming a pollutant source for stormwater discharges: ®Yes ❑No vii. Off-site material storage areas used solely by the permitted project are being covered by this SWPPP: ❑Yes ®No b. Stabilization Practices Description and Schedule: Structural controls will be installed prior to any. ground disturbance. Ongoing maintenance will follow contractor's schedule of construction activities. Final stabilization will be initiated at the end of construction. Once final stabilization is achieved structural controls will be removed. ii. Are buffer areas required? ®Yes ❑No If Yes, are buffer areas being used? ®Yes ❑No If No, explain why not: If Yes, describe natural buffer areas: Existing grassed fields. iii. A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included with the plan. ®Yes ❑No If No, explain: iv. Deadlines for stabilization: Stabilization procedures will be initiated 14 days after construction activity temporarily ceases on a portion of the site. c. Structural Practices i. Describe any structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site: Contractor shall protect and maintain existing vegetation as practicle. Check dams will be constructed in series at concentrated flow areas. Existing drainage culverts will be protected with inlet protection, as needed. Maintenance will be ongoing until final stabilization. Other sediment control devices will be installed as needed. Final stabilization will be initiated at the end of construction. Establishment of 80% perennial vegetation will constitute final stabilization. Sediment controls will not be removed until Final Stabilization is achieved. ii. Sediment Basins: Are 10 or more acres draining to a common point? ❑Yes ®No Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Is a sediment basin included in the project? ❑Yes ®No If Yes, what is the designed capacity for the storage? ❑3600 cubic feet per acre = : N/A ; or ❑10 year, 24 hour storm = : N/A ; or ❑ Other criteria were used to design basin: N/A If No, explain why no sedimentation basin was included and describe required natural buffer areas and other controls Page 3 implemented instead: Structural controls including silt fence, wattles, check dams, inlet protection and natural buffer zones will be utilized. iii. Describe Velocity Dissipation Devices: Project slopes are generally gradual. At concentrated outflows draining construction areas check dams will be used in series to capture sediment and reduce velocity. F. Other Controls a. Solid materials, including building materials, shall be prevented from being discharged to Waters of the State: ®Yes ❑No b. Off-site vehicle tracking of sediments and the generation of dust shall be minimized through the use of:. ❑A stabilized construction entrance and exit ❑Vehicle tire washing ®Other controls, describe: Controls for offsite tracking will implemented if offsite tracking is observed. c. Temporary Sanitary Facilities: A portable sanitary facility will be required. d. Concrete Waste Area Provided: ®Yes the concrete waste washout area/container will be required and the - location, dates, will be recorded. ❑No. Concrete is used on the site, but no concrete washout is provided. FN/A, no concrete will be used with this project e. Fuel Storage Areas, Hazardous Waste Storage, and Truck Wash Areas: N/A G. Non-Stormwater Discharges a. The following allowable non-stormwater discharges comingled with stormwater are present or anticipated at the site: ❑Fire -fighting activities; ®Fire hydrant flushings; ❑Water used to wash vehicles (where detergents or other chemicals are not used) or control dust in accordance with Part II.A.4.H.2; ®Potable water sources including uncontaminated waterline flushings; [—]Landscape Irrigation; Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Page 4 ❑Routine external building wash down which does not use detergents or other chemicals; [—]Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents or other chemicals are not used; ❑Uncontaminated air conditioning, compressor condensate (See Part 1.B.12.0 of the permit);, ®Uncontaminated springs, excavation dewatering and groundwater (See Part 1.B.12.0 of the permit); ❑Foundation or footing drains where flows are not contaminated with process materials such as solvents (See Part 1.B.12.0 of the permit); b. Describe any controls associated with non-stormwater discharges present at the site: Dewatering activities, if required, will be conducted in such a manner that silt laden water shall not reach any drainage ditches or streams. Sediment traps will be employed as needed. H. Applicable State or Local Programs: The SWPPP will be updated as necessary to reflect any revisions to applicable federal, state, or local requirements that affect the stormwater controls implemented at the site. ®Yes [-]No I. Inspections a. Inspection frequency: ®Every 7 calendar days or ❑At least once every 14 calendar days and within 24 hours of the end of a storm even 0.5 inches or greater (a rain gauge must be maintained on-site) b. Inspections: Completed inspection forms will be kept with the SWPPP. ®ADEQ's inspection form will be used (See Appendix A) or ❑A form other than ADEQ's inspection form will be used and is attached (See inspection form requirements Part II.A.41.2) c. Inspection records will be retained as part of the SWPPP for at least 3 years from the date of termination. d. It is understood that the following sections describe waivers of site inspection requirements. All applicable documentation requirements will be followed in accordance with the referenced sections. i. Winter Conditions (Part II.A.41.3) Adverse. Weather Conditions (Part ILA.4.L.4) J. Maintenance: Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Page 5 The following procedures to maintain vegetation, erosion and sediment control measures and other protective measures in good, effective operating condition will be followed: The Owner's Proiect Representative (OPR) will conduct the Site Evaluations and will coordinate with the Contractor when corrective actions are needed. The SWPPP Site Map shall be updated with dated written revisions each time a change is made to the structural controls including the date the change was made. The OPR will verify the corrective actions have been performed. Any necessary repairs will be completed, when practicable, before the next storm event, but not to exceed a period of 3 business days of discovery, or as otherwise directed by state or local officials. K. Employee Training: The following is a description of the training plan for personnel (including contractors and subcontractors) on this project: The Contractor's Superintendent and other responsible parties will receive training as a part of the pre -construction conference. They will be instructed concerning measures including, but not limited to: site posting, BMP installation and maintenance, housekeeping, spoils protection, equipment fueling and maintenance, spills reporting, record keeping, etc. "Note, Formal training classes given by Universities or other third -party organizations are not required, but recommended for qualified trainers; the permittee is responsible for the content of the training being adequate for personnel to implement the requirements of the permit. Revised date: 07/13/2016 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 Certification Page 6 "I certify under penalty of law that this document and all attachments such as Inspection Form were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature of Responsible or Cognizant Official: Title: Date: Revised date: 07/13/2016 ARR150000 Inspection Form Inspector Name: Inspector Title: _ Date of Rainfall: Days Since Last Rain Event: days Date of Inspection: Duration of Rainfall: Rainfall Since Last Rain Event: Description of any Discharges During Inspection: Location of Discharges of Sediment/Other Pollutant (specify pollutant & location): Locations in Need of Additional BMPs: Information on Location of Construction Activities Appendix A inches Location Activity Activity Begin Date Occuring Now (y/n)? Activity Ceased Date Stabilization Stabilization Initiated Date Complete Date Maintenance to be Performed By Information on BMPs in Need of Maintenance Location In Working Order? Maintenance Scheduled Date Maintenance Completed Date Maintenance to be Performed By Changes required to the SWPPP: SWPPP changes completed (date): Reasonsforchanges: "I certify under penalty of law that this document.and all attachments such as Inspection Form were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature of Responsible or Cognizant Official: Title: Date: Revised date: 07/13/2016 Construction Activities Notes Appendix A CONSTRUCTION ACTIVITY NOTES DATE / DATES ACTIVITY (T) TEMPORARY/ IPI PERMANENT Revised date: 07/13/2016 Construction Activities Notes Appendix A The BMPs listed here should be considered for every project. Those BMPs that are not included in the SWPPP should be checked as "Not Used" with a brief statement describing why it is not being used. Note: Appendix B and C do not have to be submitted with the SWPPP. These attachments are for use during the development of the SWPPP. Revised date: 07/13/2016 EROSION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not If not used, state Used reason EC -1 Scheduling ® ® ❑ EC -2 Preservation of Existing Vegetation ® ® ❑ EC -3 Hydraulic Mulch ® ❑ ® Mulch and seed. EC -4 Hydroseeding ® ❑ ® Mulch and seed. EC -5 Soil Binders ® ❑ ® N/A EC -6 Straw Mulch ® ❑ ® City mulch. EC -7 Geotextiles & Mats ® ❑ ® N/A EC -8 Wood Mulching ® ® ❑ EC -9 Earth Dikes & Drainage Swales ® ❑ ® N/A EC -10 Velocity Dissipation Devices ® ® ❑ EC -11 Slope Drains ® ❑ ® N/A EC -12 Stream bank Stabilization ® ❑ ® N/A SEDIMENT CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason SE -1 Silt Fence ® ® ❑ SE -2 Sediment Basin ® ® ❑ IF NEEDED SE -3 Sediment Trap ® ® ❑ IF NEEDED SE -4 Check Dam ® ® ❑ SE -5 Fiber Rolls ® ® ❑ SE -6 Gravel Bag Berm ® ❑ ® N/A SE -7 Street Sweeping and Vacuuming ® ® ❑ IF NEEDED SE -8 Sand Bag Barrier ® ❑ ® N/A SE -9 Straw Bale Barrier ® ❑ ® NO STRAW BALES SE -10 Storm Drain Inlet Protection ® ® ❑ SE -11 Chemical Treatment ® ❑ ® N/A WIND EROSION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason WE -1 Wind Erosion Control ® ❑ ® N/A Revised date: 07/13/2016 Construction Activities Notes Appendix A TRACKING CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason TR -1 Stabilized Construction Entrance/Exit ® ® ❑ TR -2 Stabilized Construction Roadway ® ❑ ®. N/A TR -3 Entrance/Outlet Tire Wash ® ❑ ® N/A NON -STORM WATER MANAGEMENT BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason NS -1 Water Conservation Practices ® ❑ ® N/A NS -2 Dewatering Operations ® ® ❑ IF NEEDED NS -3 Paving and Grinding Operations ® ❑ ® N/A NS -4 Temporary Stream Crossing ® ❑ ® N/A NS -5 Clear Water Diversion ® ® ❑ NS -6 Illicit Connection/ Discharge ® ❑ ® N/A. NS -7 Potable Water/Irrigation ® ❑ ® N/A NS -8 Vehicle and Equipment Cleaning ® ❑ ® N/A NS -9 Vehicle and Equipment Fueling ® ❑ ® PORTABLE UNITS NS -10 Vehicle and Equipment Maintenance ® ❑ ® PORTABLE UNITS NS -11 Pile Driving Operations ® ❑ ® N/A NS -12 Concrete Curing ® ❑ ® N/A NS -13 Concrete Finishing ® ❑ ® N/A NS -14 Material and Equipment Use Over Water ® ❑ ® N/A NS -15 Demolition Adjacent to Water ® ❑ ® I N/A NS -16 Temporary Batch Plants ® ❑ 1 ® I N/A WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason WM-1 Material Delivery and Storage ® ® ❑ WM-2 Material Use ® ❑ ® N/A WM-3 Stockpile Management ® ® ❑ WM-4 Spill Prevention and Control ® ® ❑ IF NEEDED WM-5 Solid Waste Management ® ® ❑ WM-6 Hazardous Waste Management ® ® ❑ IF NEEDED WM-7 Contaminated Soil Management ® ❑ ® N/A WM-8 Concrete Waste Management ® ® ❑ WM-9 Sanitary/Septic Waste Management z ® ❑ WM-10 Liquid Waste Management ® ❑ ® N/A Revised date: 07/13/2016 SWPPP Completion Checklist Yes = Complete No = Incomplete/Deficient N/A = Not applicable to project Appendix C Yes No N/A A. A site description, including: Permit Section L Project description, intended use after NOT Part ILAA.A.I 2. Sequence of major activities Part II.A.4.A.2 3. Total & disturbed acreage Part II.A.4.A.3 C. Receiving Water. Part ILAA.0 -M S4 Name Part ILA.4.0 -Ultimate Receiving Water Part II.A.4.0 D.Site Ma --- See End of Evaluation Form Part II.A.4.F E Description of Controls: I _ Frncinn and sediment rnntrnlc inrlivli— a. Initial site stabilization Part ILA.4.G.La b. Erosion and sediment controls B. Responsible Parties: All parties dealing with the S WPPP and the areas they are c. Rep lacement of inadequate controls Part II.AA.G. Lc d. Removal of off-site accumulations Part II.A.4.G. Ld responsible for on-site. Part II.A.4.B C. Receiving Water. Part ILAA.0 -M S4 Name Part ILA.4.0 -Ultimate Receiving Water Part II.A.4.0 D.Site Ma --- See End of Evaluation Form Part II.A.4.F E Description of Controls: I _ Frncinn and sediment rnntrnlc inrlivli— a. Initial site stabilization Part ILA.4.G.La b. Erosion and sediment controls Part ILA.4.G.Lb c. Rep lacement of inadequate controls Part II.AA.G. Lc d. Removal of off-site accumulations Part II.A.4.G. Ld e..Maintenance of sediment traps/basins 50% capacity Part ILA.4.G. Le f. Litter, construction debris and chemicals properly handled Part II.AA.G. Lf g. Off-site storage areas and controls Part II.AA.G.1.g 7 Ctahili�atinn nrart irac• a. Description and schedule for stabilization Part II.A.4.G.2.a b. Description of buffer areas Part II.A.4.G.2.b c. Records of stabilization Part II.A.4.G.2.c d. Deadlines for stabilization Part II.A.4.G.2.d 3_ Stnirtural Prartires• -Describe structural practices to divert flows, store flows, or otherwise limit runoff Part II.A.4.G.3 a. Sediment basins Part ILA.4.G.3.a.I -Are more than 10 acres draining to a commonpoint? If so, are sediment basins included? Part II.A.4.G.3.a.1 -Sediment basin dimensions and capacity description and calculations Part II.A.4.G.3.a.I -If a basin wasn't practicable, are other controls sufficient? Part ILA .4.G.3.a.1 b. Velocity dissipation devices concentrated flow from 2 or more acres I Part II.A.4.G.3.b F_ (1thPrenntmicinrludinm Revised date: 07/13/2016 1. Solid waste control measures Part II.A.4.H.1 G. Identification of allowable non -storm water discharges 2. Vehicle off-site tracking controls Part II.A.4.H.2 3. Compliance with sanitary waste disposal Part II.A.4.HA I -Appropriate controls for dewatering,if resent 4. Does the site have a concrete washout area controls? Part ILA.4.H.5 5. Does the site have fuel storage areas, hazardous waste storage and/or truck wash areas controls? Part II.A.4.H.6 Revised date: 07/13/2016 G. Identification of allowable non -storm water discharges Part II.A.4.I I -Appropriate controls for dewatering,if resent Part I.B.12.0 H. State or local requirements incorporated into the plan. JPart II.A.4.K Revised date: 07/13/2016 SWPPP Completion Checklist Appendix C Yes = Complete No = Incomplete/Deficient N/A = Not applicable to project Yes No N/A I. Inspections Permit Section 1. Inspection frequency listed? Part II.A.41.1 2. Inspection form Part II.A.4.L.2 Ours. If not ours, does it contain the following items: a. Inspector name and title Part II.A.4.L.2.a b. Date of inspection. Part II.A.4.L.2.b c. Amount of rainfall and days since last rain event (14 day only) Part II.A.41.2.c d. Approx beginning and duration of storm event Part II.A.4.L.2.d e. Description of any discharges during inspection Part II.A.4.L.2.e f. Locations of discharges of sediment/other pollutants Part ILA.4.L.2.f g. BM Ps in need of maintenance Part II.A.4.L.2.g h. BM Ps in working order, if maintenance needed (scheduled and completed) Part II.A.41.2.h i. Locations that are in need of additional controls Part II.A.41.2.i j. Location and dates when major construction activities begin, occur or cease Part II.A.4.L.2.j k. Signature of responsible/cognizant official Part II.A.4.L.2.k 3. Inspection Records Part II.A.41.3 4. Winter Conditions Part ILA .4.L.4 5. Adverse Weather Conditions Part ILA.4.L.5 J. Maintenance Procedures Part ILA.4.M K Employee Training Part II.A.4.N Signed Plan Certification Part II.A.7. and Part II.B.10 D. Site Map showing: 1. Pre -construction topographic view Part II.A.4.F.1 2. Drainage flow Part ILA.4.F.2 3. Approximate slopes after grading activities Part II.A.4.F.2 4. Areas of soil disturbance and areas not disturbed Part II.A.41.3 5. Location of major structural and non-structural controls. Part II.A.4.FA 6. Location of main construction entrance and exit. Part II.A.4.F.5 7. Areas where stabilization practices are expected to occur. Part ILA.4.F.6 8. Locations of off-site materials, waste, borrow area or storago area Part ILA.4.F.7 9. Locations of areas used for concrete wash-out. Part ILA.4.F.8 10. Locations of surface waters on site. Part II.A.4.F.9 11. Locations where water is discharged to a surface water or M S4. Part II.A.41.10 l2. Storm water discharge locations. Part II.A.4.F.I I 13. Areas where fmal stabilization has been accomplished. Part ILA.4.F.12 Revised date: 07/13/2016 Permit No. ARR150000 SITE WITH AUTOMATIC COVERAGE (LESS THAN 5 ACRES) CONSTRUCTION SITE NOTICE FOR THE Arkansas Department of Environmental Quality (ADEQ) Storm Water Program NPDES GENERAL PERMIT NO. ARR150000 The following information is posted in. compliance with Part I.B.&A of the ADEQ General Permit Number ARR150000 for discharges of stormwater runoff from sites with automatic coverage. Additional information regarding the ADEQ stormwater program may be found on the internet at: www. adeq.state. ar. us/water/branch_npdes/stormwater Permit Number ARR150000 Contact Name: Phone Number: TBD Project Description (Name, Location, etc.): Start Date: End Date: Total Acres: Dinsmore Trail Water Main Replacemetn TBD TBD 3.0 Location of Stormwater Pollution Prevention Plan: "SWPPP" Mailbox and Contractor Field Office For Construction Sites Authorized under Part I.B.6.A (Automatic Coverage) the following certification must be completed: I Tim Nvander certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part I.B.2. of the ADEQ General Permit Number ARR150000. A stormwater pollution prevention plan has been developed and implemented according to the requirements contained in Part II.A.2.B & D of the permit. I am aware there are significant penalties for providing false information or for conducted unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Permit No. ARR150000 AUTHORIZATION TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT In accordance with the provisions of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.), and the Clean Water Act (33 U.S.C. 1251 et seq.), an Operator of Facilities with Stormwater Discharges Associated with Construction Activity is authorized to discharge to all receiving waters except as stated in Part I.B.11 (Exclusions). For facilities that are eligible for coverage under this General Permit (GP), the Department sends -a cover letter (Notice of Coverage with tracking permit number which starts with ARR15) and a copy of the permit to the facility. The cover letter includes the Department's determination that a facility is covered under the GP and may specify alternate requirements outlined in the permit. Effective Date: November .1, 2016 Expiration Date: October 31, 2021 -/1 Y 1 - Caleb J. Osborne Issue hate Associate Director, Office of Water Quality Arkansas Department of Environmental Quality Page 1 of Part.I Permit No. ARR150000 PART I PERMIT REQUIREMENTS Information in Part I is organized as follows: Section A: Definitions with Included Commentary Section B: Coverage Under this Permit: 1. Permitted Area 2. Eligibility 3. Responsibilities of the Operator 4. Where to Submit 5. Requirements for Qualifying Local Program (QLP) 6. Requirements for Coverage 7. Notice of Intent (NOI) Requirements 8. Posting Notice of Coverage (NOC) 9. Applicable Federal, State or Local Requirements 10. Allowable Non-Stormwater Discharges 11. Limitations on Coverage (Exclusions) 12: Short Term Activity Authorization (STAA) 13. Effluent Limitation Guidelines (ELG) 14. Natural Buffer Zones 15. Waivers from Permit Coverage 16. Notice of 'Termination (NOT) 17. Responsibilities of the Operator of a Larger Common Plan of Development for a Subdivision 18. Change in Operator 19. Late Notifications 20. Failure to Notify 21. Maintenance 22. Releases in Excess of Reportable Quantities - 23. Attainment of Water Quality Standards 24. Requiring an Individual Permit Page 2 of Part I Permit No. ARR150000 SECTION A: DEFINITIONS WITH INCLUDED COMMENTARY 1. "ADEO" or "Department" is referencing the Arkansas Department of Environmental Quality. The Department is the governing authority for the National Pollutant Discharge Elimination System program in the state of Arkansas. 2. "Arkansas Pollution Control and Ecology Commission" shall be referred to as APCEC throughout this permit. 3. "Automatic Coverage" is for those sites that are defined as a small construction site. 4. "Best Management Practices (BMPs)" schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control construction site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materi"orage. According to the EPA BMP manual, the use of hay -bales in concentrated flow areas is not recommended as a best management practice. 5. "Cognizant Official" a duly authorized representative, as defined in Part II.B.9.B. 6. "Commencement of Construction" the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction -related activities. 7. "Contaminated" means a substance the entry of which into the MS4, Waters of the State, or Waters of the United States may cause or contribute to a violation of Arkansas water quality standards. 8. "Control Measure" as used in this permit, refers to any Best Management Practice or other method used to prevent or reduce the discharge of pollutants to Waters of the State. 9. "Construction Site" an area upon which one or more land disturbing construction activities occur that in total will disturb one acre or more of land, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan such that the total disturbed area is one acre or more. 10. "CWA" the Clean Water Act or the Federal Water Pollution Control Act. 11. "Dedicated Portable Asphalt Plant" a portable asphalt plant that is located on or contiguous to a construction site that provides asphalt only to the construction site on which the plant is located or adjacent to. The term does not include facilities that are subject to the asphalt emulsion effluent guideline limitations at 40 CFR Part 443. 12. "Dedicated Portable Concrete Plant" a portable concrete plant that is located on or contiguous to a construction site and that provides concrete only to the construction site on which the plant is located on or adjacent to. 13. "Detention Basin" a detention basin is an area where excess stormwater is stored or held temporarily and then slowly drains when water levels in the receiving channel recede. In essence, the water in a detention basin is temporarily detained until additional room becomes available in the receiving channel. 14. "Director" the Director, Arkansas Department of Environmental Quality, or a designated representative. 15. "Discharge" when used without qualification means the "discharge of a pollutant". Page 3 of Part I Permit No. ARR150000 16. "Discharge of Stormwater Associated with Construction Activity" as used in this permit, refers to a discharge of pollutants in stormwater runoff 'from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance.(e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. 17. "Discharge -Related Activities" as used in this permit, include: activities that cause, contribute to, or result in stormwater point source pollutant discharges, including but not limited to: excavation, site development, grading and other surface disturbance activities; management of solid waste and debris; and measures to control stormwater including the construction and operation of BMPs to control, reduce or prevent stormwater pollution. 18. "Disturbed area" the total area of the site where any construction activity is expected to disturb the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to, clearing, grubbing, grading, excavation, demolition activities, haul roads, and areas used for staging. Also included are stockpiles of topsoil, fill material and any other stockpiles with a potential to create additional runoff. 19. "Drainageway" an open linear depression; whether constructed or natural, that functions for the collection and drainage of surface water. 20. "Duly Authorized Representative" a representative of the Responsible Official meeting the requirements specified in Part II.B.9.13. 21. "Eligible" qualified for authorization to discharge stormwater under this general permit. 22. "Erosion" the process by which the land's surface is worn away by the action of wind, water, ice or gravity 23. "ERW" Extraordinary Resource Water, in accordance with Regulation 2. 24. "ESW" Ecologically Sensitive Waterbodies, in accordance with Regulation 2. 25. "Facility" or "Activity" any NPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program. 26. "Final Stabilization": A, ._ All soil disturbing activities at the site have been completed and either of the two following criteria are met: 1) A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 80% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or 2) Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. B. When background native vegetation will cover less than 100% of the ground (e.g., and areas, beaches), the 80% coverage criteria is adjusted as follows: if the native vegetation covers 50% of the ground, 80% of 50% (0.80 x 0.50 = 0.40) would require 40% total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required. C. For individual lots in residential construction, final stabilization means that either: Page 4 of Part I Permit No. ARRI50000 1) The homebuilder has completed final stabilization as specified above, or 2) The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. D. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its pre - construction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to "Waters of the State", and areas which are not being returned to their pre -construction agricultural use shall meet the final stabilization criteria in A, B, or C above. .27. "Grading Activities" as used in this permit are those actions that disturb the surface layer of the ground to change the contouring, surface drainage pattern, or any other slope characteristics of the land without significantly adding or removing on-site rock, soil, and other materials. This can include demolition, excavation, and filling. 28. "Infrastructure" streets, drainage, curbs, utilities, etc. 29. "Impaired Water" a waterbody listed in the current, approved Arkansas 303(d) list. 30. "L'andscaping" improving the natural beauty of a piece of land (i.e. entrance of subdivision) through plantings or altering the contours of the ground. 31. "Large and Medium Municipal Separate Storm Sewer System" all municipal separate storm sewer systems that are either: A. Located in an incorporated place with a population of 100,000 or more as determined by the latest Decennial Census by the Bureau of Census: or B. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal, separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other than those described in paragraphs A or B and that are designated by the Director as part of the large or medium municipal separate storm sewer system. 32. "Large Construction Site" construction activity including clearing, grading and excavation, except operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres. (Please see Part I.B.15 for partial waivers.) 33. "Larger Common Plan of Development" a contiguous (sharing a boundary or edge; adjacent; touching) area where multiple and distinct construction activities may be taking place at different times on different schedules under one plan. Such a plan might consist of many small projects (e.g. a common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development). All these areas would remain part of the common plan of development or sale. The following items can be used as.guidance for deciding what might or might not be considered a "Common Plan of Development or Sale." The "plan" in a common plan of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing; permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. The applicant shall still meet the definition of operator in order to be required to get permit coverage, Page 5 of Part I Permit No. ARR150000 regardless of the acreage that is personally disturbed If a smaller project (i.e., less than 1 acre) is part of a large common plan of development or sale (e.g., you are building a residential home on a'/2 acre lot in a 40 acre subdivision or are putting in a fast food restaurant on a'/ acre pad that is part of a 20 acre retail center), permit coverage is required. Under 40 CFR 122.26(b)(2)(vi), smaller parts of a larger common plan of development are automatically authorized under this general permit and should follow .the conditions of a site with automatic coverage set forth in this permit (see Part I.B.6.A). 34. "Natural Buffer" for purposes of this permit, an area of undisturbed natural cover surrounding surface waters. Natural cover includes vegetation, exposed rock, or barren ground that exists prior to commencement of construction activities at the site. 35. "NOC" Notice of Coverage. 36. "NOV Notice of Intent to be covered by this permit. 37. "NOT" Notice of Termination. 38. "NSW" Natural and Scenic Waterways, in accordance with Regulation 2. 39. "Operator"/ "Permittee" for the purpose of this permit and in the context of stormwater associated with construction activity, means any person (an individual, association, partnership, corporation, municipality, state or federal agency) who has the primary management and ultimate decision-making responsibility over the operation of a facility or activity. The operator is responsible for ensuring compliance with all applicable environmental regulations and conditions. In addition, for purposes of this permit and determining who is an operator, "owner" refers to the party that owns the structure being built. Ownership of the land where construction is occurring does not necessarily imply the property owner is an operator (e.g., a landowner whose property is being disturbed by construction of a gas pipeline or a landowner who allows a mining company to remove dirt, shale, clay, sand, gravel, etc. from a portion of his property). Likewise, if the erection of a structure has been contracted for, but possession of the title or lease to the land or structure is not to occur until after construction, the would- be owner may not be considered an operator (e.g., having a house built by a residential homebuilder). 40. "Outfall :'. a point source where stormwater leaves the construction site. 41. "Owner" the owner or operator of any `'facility or activity" subject to regulation under the NPDES program. In addition, for purposes of this permit and determining who is an operator, "owner" refers to the party that owns the structure being built. Ownership of the land where construction is occurring does not necessarily imply the property owner is an operator (e.g., a landowner whose property is being disturbed by construction of a gas pipeline). Likewise, if the erection of a structure has been contracted for, but possession of the title or lease to the land or structure is not to occur until after construction, the would-be owner may not be considered an operator (e.g. having a house built by a residential homebuilder). . 42. "Physically Interconnected" means that one municipal separate storm sewer system is connected to a second municipal separate storm sewer system in such a way that it allows for direct discharges into the second system. 43. "Point Source" any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Page 6 of Part I Permit No. ARR150000 44. "Oualified Local Program" is a municipal program for stormwater discharges associated with construction sites that has been formally approved by the Department. 45. "Qualified personnel" a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of stormwater discharges from the construction activity. 46. "Regulated Small Municipal Separate Storm Sewer System" all municipal separate storm sewer systems that are either: A. Located within the boundaries of an "urbanized area" with a population of 50,000 or more as determined by the latest Decennial Census by the Bureau of Census; or B. Owned or operated by a municipality other than those described in paragraph A and that serve a jurisdiction with a population of at least 10,000 and a population density of at least 1,000 people per square mile; or C. Owned or operated by a municipality other than those described in paragraphs A and B and that contributes substantially to the pollutant loadings of a "physically interconnected" municipal separate storm sewer system. 47. "Retention Basin" a basin that is designed to hold the stormwater from a rain event and allow the water to infiltrate through the bottom of the basmi . A retention basin also stores stormwater, but the storage of the stormwater would be on a more permanent basis. In fact, water often remains in a retention basin indefinitely, with the exception of the volume lost to evaporation and the volume absorbed into the soils. This differs greatly from a detention basin, which typically drains after the peak of the storm flow has passed, sometimes while it is still raining. 48. "Runoff Coefficient" the fraction of total rainfall that will appear at the conveyance as runoff. 49. "Sediment" material that settles to the bottom of a liquid. 50. "Sediment Basin" a basin that is designed to maintain a 10 year -24 hour storm event for a minimum of 24 -hours in order to allow sediment to settle out of the water. 51. "Small Construction Site" construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. Small construction activity does not include routine maintenance. 52. "Stormwater" stormwater runoff from rainfall, snow melt runoff, and surface runoff and drainage. 53. "Stormwater Associated with Construction Activity" the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to construction activity. 54. "Stormwater Pollution Prevention Plan (SWPPP or SWP3)" a plan that includes site map(s), an identification of construction/contractor, activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants (BMPs). 55. "Temporary Sediment Controls" controls that are installed to control sediment runoff from the site. These could be silt fencing, rock check dams, etc. Page 7 of Part I Permit No. ARR150000 56. "Total Maximum Daily Load" or "TMMC" the sum of the individual wasteload allocations (WLAs) for point sources and load allocations (LAS) for non -point sources and natural background. If the receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAS for any non -point sources of pollution and natural background sources; tributaries, or adjacent segments. TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measure. 57. "Uncontaminated" cannot exceed the water quality standards as set forth in APCEC Regulation 2. 58. "Urbanized Area" the areas of urban population density delineated by the Bureau of the Census for statistical purposes and generally consisting of the land area comprising one or more central place(s) and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile as determined by the latest Decennial Census by the Bureau of Census. 59. "Waters of the State" Waters of the State means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state. Page 8 of Part I Permit No. ARR150000 SECTION B: COVERAGE UNDER THIS PERMIT Introduction This Construction General Permit (CGP) authorizes stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre. This GP also authorizes discharges from construction activities that result in a total land disturbance of less than five acres where the construction activity is included in a larger common plan, where those discharges enter surface Waters of the State or a Municipal Separate Storm Sewer System (MS4) leading to surface Waters of the State subject to the conditions set forth in this permit. This permit also authorizes stormwater discharges from any other construction activity designated by ADEQ where ADEQ makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to Waters of the State. This permit replaces the permit issued in 2011. The goal of this permit is to minimize the discharge of stormwater pollutants from construction activity. The Operator should make sure to read and understand the conditions of the permit. A copy of the General Stormwater Construction Permit is available on the ADEQ web site at https://wwtiv.adeg.state.ar.us/water/pemiits/ni)des/stormwater/ . You may also obtain a hard copy by contacting the ADEQ's General Permits Section at (501) 682-0623. 1. Permitted Area. If a large or small construction activity is located within the State of Arkansas, the operator may be eligible to obtain coverage under this permit. 2. Eligibility. Permit eligibility is limited to discharges from "large" and "small" construction activity, or as otherwise designated by ADEQ. This general permit contains eligibility restrictions, as well as permit conditions and requirements. Operators may have to take certain actions to be eligible for coverage under this permit. In such cases, operators shall continue to satisfy those eligibility provisions to maintain permit authorization. If operators do not meet the requirements that are a pre -condition to eligibility, then resulting discharges constitute unpermitted discharges. By contrast, if operators- . are eligible for coverage under this permit and do not comply with the requirements of the general permit, they may be in violation of the general. permit for otherwise eligible discharges. A. This general permit authorizes discharges from construction activities as defined in 40 CFR 122.26(a), 40 CFR 122.26(b)(14)(x), 40 CFR 122.26(b)(15)(i) and 40 CFR Part 450. B. This permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated material disposal areas, borrow areas) provided: 1) The support activity is directly related to a specific construction site that is required to have NPDES permit coverage for discharges of stormwater associated with the construction activity; 2) The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and does not operate beyond the completion of the construction activity at the last construction project it supports; 3) Pollutant discharges from support activity areas are minimized in compliance with conditions of this permit; and 4) Discharges from the support activity areas shall be identified in a Stormwater Pollution Prevention Plan (SWPPP) stating appropriate controls and measures for the area. C. Other activities may be considered for this permit at the discretion of the Director as defined in 40 CFR 122.26(b)(15)(ii). 3. Responsibilities of the Operator. Permittees with operational control are responsible for compliance with all applicable Page 9 of Part I Permit No. ARR150000 ',ytiN terms and conditions of this permit as it relates to their activities on the construction site, including protection of endangered species and implementation of BMPs and other controls required by the SWPPP. Receipt of this general permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation. 4. Where to Submit, The operator shall submit a complete and signed Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP), and application fee to the Department at the following address: Arkansas Department of Environmental Quality Discharge Permits Section 5301 Northshore Drive North Little Rock, AR 72118-5317 Or by electronic mail (Complete documents (NOI and SWPPP) must be submitted in PDF format) to: Water-permit-ai)i)lication(@adeg.state.ar.us ; Or through the ADEQ ePortal site which can be found at the following link: https://et)orta1.adeg.state.ar.us/ NOTE: Notice of Coverage (NOC) will NOT be issued until payment has been received by ADEQ 5. Requirements for Oualifymg Local Program (OLP). `x The Department reviews and approves the QLPs to ensure that they meet or supersede both state and federal requirements outlined in this permit and 40 CFR 122.44(s). ADEQ will review the QLP at least every 5 years for recertification. If the Department approves a QLP, then the QLP requirements shall at the minimum meet the Department's requirements. This would include all templates and forms. This permit may be modified to add new QLPs or modify -existing QLPs at the Department's discretion. All public notice and other applicable costs incurred by the modification of the permit for the addition or modification of a QLP will be paid by the QLP. If a small construction site is within the jurisdiction of a QLP, the operator of the small construction site is authorized to discharge stormwater associated with construction activity under QLP permit requirements only. At the time of issuance of this permit, only the City of Hot Springs is meeting the ADEQ minimum requirements. 6. Requirements for Coverage. A. Small Construction Sites. An operator of a small construction site will be considered to have automatic coverage under this general permit and may discharge without submitting to the Department a Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP) or fee if the following conditions are met: 1) A completed Notice of Coverage (NOC) must be posted at the site prior to commencing construction; 2) A Stormwater Pollution Prevention Plan must be prepared in accordance with good engineering practice as described in Reg.6.203(B), and a copy must be maintained at the construction site; 3) All permit conditions set forth in this general permit must be followed; and 4) The operator is responsible for ensuring that the site is in compliance with any changes or updates of this general permit, by either contacting ADEQ or reviewing the ADEQ website: Page 10 of Part I Permit No. ARR150000 https://www.adeg.state. ar.us/water/pennits/npdes/stonnwater/ B. Lame Construction Sites. An operator of a large construction site discharging under this general permit shall submit the following items at least 10 business days prior to the commencement of construction: 1) An NOI in accordance with thpen -nit. requirements of Part I.B.7 of this pemit. 2) A complete SWPPP in accordance with the requirements of Part II.A of this permit. 3) An initial permit fee shall accompany the NOI under the provisions of APCEC Regulation No. 9. Subsequent annual fees will be billed by the Department until the operator has requested a termination of coverage by submitting a Notice of Termination (NOT). Failure to remit the required initial permit fee shall be grounds for the Director to deny coverage under this general permit. Failure to remit the required annual fees shall be grounds for the Director to revoke coverage under this permit. C. Modification of Permit Coverage to Include Additional Acreage. Any request to increase the total acreage of a construction site shall be accompanied by a $200 permit modification fee and an updated SWPPP. Any request to only increase the disturbed acreage without changing the total acreage shall be accompanied by an updated SWPPP. A $200 permit modification fee is not required with an increase in disturbed acreage. The Additional Acreage Request Form can be found at the following link: https://www.adeg.state.ar.us/water/permits/npdes/ston-nwater/ 7. Notice of Intent (NOI) Requirements. A. NOI Form. Large construction site operators who intend to seek coverage for a stormwater discharge under this general permit shall submit a complete and accurate ADEQ NOI form to the Department (through hard copy, electronic mail at Water-permit-application(i�adeq.state.ar.us , or the ADEQ ePortal system at https:Heportal.adeg.state.ar.us/ ) at least 10 business days prior to the date coverage under this permit is desired. The NOI form must be the current version obtained from the stormwater webpage indicated above in Part I.B. If the NOI is deemed incomplete, the Department will notify the applicant with regard to the deficiencies by a letter, email, or phone within ten (10) business days of the receipt of the NOI. If the operator does not receive a notification of deficiencies from ADEQ's receipt of the NOI, the NOI is deemed complete. If the applicant does not provide the Department with the requested deficiencies within the deadline set by the Department, then the Department will return the NOI, fee and SWPPP back to the applicant. B. Contents of the NOI. The NOI form contains, at a minimum, the following information: 1) Operator (Permittee) information (name, address, telephone and fax numbers, E-mail address) 2) Whether the operator is a federal, state, private, public, corporation, or other entity 3) Application Type: New or renewal 4) Invoice mailing information (name, address, and telephone and fax numbers) 5) Project Construction site information (name, county, address, contact person, directions to the site, latitude and longitude for the entrance of the site or the endpoints for linear project (in degrees, minutes, and seconds), estimated construction start date and completion date through site final stabilization, estimate of the total project acreage and the acreage to be disturbed by the operator submitting the NOI, type of the project (subdivision, school, etc), whether the project is part of a larger common plan of development.) Page 11 of Part I Permit No. ARR150000 6) Discharge information (name of the receiving stream, ultimate receiving stream, name of municipal storm sewer system) 7) List of current permits 8) The Certification statement and signature of a qualified signatory person in accordance with 40 CFR 122.22, as adopted by reference in APCEC Regulation No. 6 9) The certification of the facility corporation 10) Other information (location of the SWPPP) 11) And the SIC Code. C. Notice of Covera e (NOC). Unless notified by the Director to the contrary, dischargers who submit a complete NOI and SWPPP in accordance with the requirements of this permit are authorized to discharge stormwater from construction sites under the terms and conditions of this permit 10 business days after the date the NOI is deemed complete (which may not be the original submission date if revisions or additions were necessary) by ADEQ. If the NOC has not been received by the permittee 10 business days after the date the NOI is deemed complete by ADEQ, the NOI should be posted until the NOC is received. Upon review of the NOI and other available information, the Director may deny coverage under this permit and require submittal of an application for an individual NPDES permit. 8. Posting Notice of Coverage (NOC). A. Automatic Coverage Sites. The NOC for small sites, as defined in Part I.A.51, can be obtained from the Water Division's Stormwater webpage at: https://www.adeq.state.ar.us/water/hermits/npdes/stormwater/ . The NOC must be posted at the site prior to commencing construction. In addition; a copy of the SWPPP must be available at the construction site in accordance with Part II.A.2.13 and D prior to commencing construction. B. Large Sites: NOC Posting for Large Construction Sites. The posting for large construction sites shall be obtained from the Department only after the permittee has submitted the required NOI, permit fee and complete SWPPP to the Department for the coverage. C. Linear Proiects. If the construction project is a linear construction project (e.g., pipeline, highway, etc.), the notice shall be placed in a publicly accessible location near where construction is actively underway and moved as necessary. Please note, this permit does not provide the public with any right to trespass on a construction site for any reason, including inspection of a site; nor does this permit require that the permittee allow members of the public access to a construction site. 9. Applicable Federal, State or Local Requirements. The operator shall ensure that the stormwater controls implemented at the site are consistent with all applicable federal, state, or local requirements. Additionally, an operator who is operating under approved local erosion and sediment plans, grading plans, local stormwater permits, or stormwater management plans shall submit signed copies of the Notice of Intent (NOI) to the local agency (or authority) upon the local agency's request. 10. Allowable Non-Stormwater Discharges. A. The following non-stormwater discharges as part of the construction permit activity may be authorized by this permit through appropriate controls. Non-stormwater discharges shall be addressed in the stormwater pollution prevention plan and measures to minimize or eliminate non-stormwater discharge should be taken if reasonably possible. 1) Fire fighting activities; 2) Fire hydrant flushings; Page 12 of Part I Permit No. ARR150000 3) Water used to wash vehicles (where detergents or other chemicals are not used) or to control dust in accordance with Part II.A.4.11.2; 4) Potable water sources including uncontaminated waterline flushings; 5) Landscape Irrigation; 6) Routine external building wash down which does not use detergents or other chemicals; 7) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents or other chemicals are not used; 8) Uncontaminated air conditioning compressor condensate (See Part I.B.13.0 of this permit); 9) Uncontaminated springs, excavation dewatering and groundwater (See Part I.B.13.0 of this permit); 10) Foundation or footing drains where flows are not contaminated with process materials such as solvents (See Part I.B.13.0 of this permit). 11. Limitations on Coverage (Exclusions). The following stormwater discharges associated with construction activity are not covered by this permit: A. Post Construction Discharge. Stormwater discharges associated with construction activities that originate from the site after construction activities have been completed, the site has undergone final stabilization, and the permit has been terminated. B. Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed with sources of non-stormwater other than those identified in Part I.B.10. C. Discharges Covered by another Permit. Stormwater discharges associated with construction activity that are covered under an individual or an alternative general permit may be authorized by this permit after an existing permit expires, provided the expired permit did not establish numeric effluent limitations for such discharges. D. Discharges into Receiving Waters with an Approved TMDL. Discharges from a site into receiving waters for which there is an - established total maximum daily load (TMDL) allocation (htti)s://www.adeq.state.ar.us/water/plamlinJintegrated/tmdU) are not eligible for coverage under this permit unless the permittee develops and certifies a stormwater pollution prevention plan (SWPPP) that is consistent with the assumptions and requirements in the approved TMDL. To be eligible for coverage under this general permit, operators shall incorporate into their SWPPP any conditions applicable to their discharges necessary for consistency with the assumptions and requirements of the TMDL within any timeframes established in the TMDL. If a specific numeric allocation has been established that would apply to the project's discharges, the operator shall incorporate that allocation into its SWPPP and implement necessary steps to meet that allocation. If a numeric limit has been assigned to the facility, quarterly monitoring shall be submitted to the Department demonstrating compliance with the assigned Waste Load Allocation established in the TMDL. Please note that the Department will be reviewing this information. If it is determined that the project will discharge into a receiving stream with a TMDL, then the Department may require additional BMPs. E. Discharges into Impaired Receiving Waters (303(d) List). If stormwater discharges from a site enter a receiving water listed as impaired under Section 303(d) of' the Clean Water Act (htti)s://www.adeg.state.ar.us/water/i)lanning/integrated/), ted/), the permittee shall incorporate into the SWPPP any additional BMPs needed to sufficiently protect water quality. Please note that the Department will be reviewing this information. If it is determined that the project will discharge to an impaired water body, then the Department may require additional BMPs. F. Discharges into an Extraordinary Resource. Water (ERW) Natural and Scenic Waterway (NSW), or Ecologically Sensitive Waterbodv (ESW). Discharges from a construction site located within the watershed of any water body or Page 13 of Part I Permit No. ARR150000 waterway designated as an Outstanding Resource Water as defined in the APC&EC Regulation No. 2.203, including ERWs, NSWs, or ESWs are not eligible for coverage under this permit unless the permittee develops and certifies a SWPPP that includes additional BMPs needed to prevent to the maximum extent possible exposure to stormwater of pollutants that could potentially impact water quality. For the purposes of this permit, the watershed of an Outstanding Resource Water will be identified by the United States Geological Survey's twelve (12) digit Hydrological Unit Code (HUC). Please note that the Department will be reviewing this information. If the site will discharge to an ERW, NSW, or ESW, then the Department may determine that additional requirements are necessary. 12. Short Term Activity Authorization. (STAA). Any work being conducted in Waters of the State will require a Short Term Activity Authorization (STAA) from ADEQ in accordance with Regulation 2.305. An STAA is necessary for any in -stream activity that has the potential to exceed the water quality standards, including, but not limited to: gravel removal, bridge or crossing repair/maintenance, bank stabilization, debris removal, culvert replacement, flood control projects, and stream. relocation. Any work being conducted in Waters of the United States may require a Section 404 permit from the U.S. Army Corps of Engineers. This permit does not authorize any activity under an STAA or Section. 404 permit. The necessary forms to apply for coverage under an STAA can be found at the following link: https:H,vww.adeg.state.ar.us/water/planning/instream/ The SWPPP shall be updated to include a copy of the Short Term Activity Authorization letter upon receipt. Re -submittal of the SWPPP is not required unless specifically requested by the Department. 13. Effluent Limitation Guidelines (ELG). All permittees shall comply with the following effluent limits: A. Erosion and Sediment Controls. Design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, such controls shall be designed, installed and maintained to: 1) Control stormwater volume and velocity to minimize soil erosion in order to minimize pollutant discharges; 2) Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; 3) Minimize the amount of soil exposed during construction activity; 4) Minimize the disturbance of steep slopes; 5) Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls shall address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site; 6) Provide and maintain natural buffers around Waters of the State, direct stormwater to vegetated areas and maximize stormwater infiltration to reduce pollutant discharges, unless infeasible; 7) Minimize soil compaction. Minimizing soil compaction is not required where the intended function of a specific area of the site dictates that it be compacted; and 8) Unless infeasible, preserve topsoil. Preserving topsoil is not required where the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. . B. Soil Stabilization. Stabilization of disturbed areas must, at a minimum, be initiated immediately (unless weather conditions do not allow immediate initiation) whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. In arid, semiarid, and drought -stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the permitting authority. Stabilization must be completed within a period of time determined by the Page 14 of Part I Permit No. ARR150000 permitting authority. In limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed. C. Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. There shall be no turbid discharges to Waters of the State resulting from dewatering activities. If trench or ground waters contain sediment, it shall pass through a sediment settling pond or other equally effective sediment control device, prior to being discharged from the construction Bite. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag, or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care shall be taken when discharging ground water to ensure that it does not become pollutant -laden by traversing over disturbed soils or other pollutant sources. D. Pollution Prevention Measures. Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures shall be designed, installed, implemented and maintained to: 1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters shall be treated in a sediment basin or BMP control that provides equivalent or better treatment prior to discharge; 2) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater. Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use); and 3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. E. Prohibited discharges. The following discharges are prohibited: 1) Wastewater from washout of concrete, unless managed by an appropriate control; 2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials; 3) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and 4) Soaps or solvents used in vehicle and equipment washing. F. Surface Outlets. When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible. 14. Natural Buffer Zones. A natural buffer zone as stated below shall be maintained at all times. Exceptions from this requirement for areas such as water crossings, limited water access, and restoration of the buffer are allowed if the permittee fully documents in the SWPPP the circumstances and reasons for the buffer zone encroachment. Additionally, this requirement is not intended to interfere with any other ordinance, rule or regulation, statute or other provision of law. A. For construction projects where clearing and grading activities will occur, the SWPPP shall provide at least twenty-five (25) feet of natural buffer zone, as measured horizontally from the top of the bank to the disturbed area, from any Waters of the State. B. The Department may also require up to fifty (50) feet of natural buffer zone, as measured from the top of the bank to the disturbed area, from established TMDL water bodies, streams listed on the 303(d) list, an Extraordinary Resource Page 15 of Part I Permit No. ARR150000 Water (ERW), Ecologically Sensitive Waterbody (ESW), Natural and Scenic Waterway (NSW), or any other uses at the discretion of the Director. C. Linear projects will be evaluated individually by the Department to determine natural buffer zone setbacks. 15. Waivers from Permit Coverage. The Director may waive the otherwise applicable requirements of this general permit for stormwater discharges from construction activities under the terms and conditions described in this section. A. Waiver Applicability and Coverage. Based upon 40 CFR 122.26.b.15.i.A, operators of small construction activities may apply. for and receive a waiver from the requirements to obtain this permit. B. No Stormwater Leaving the Site. If all of the stormwater from the construction activity is captured on-site under any size storm event and allowed to evaporate, soak into the ground on-site, or is used for irrigation, a permit is not needed. C. TMDL Waivers. This waiver is available for sites with automatic coverage if the ADEQ has established or approved a TMDL that addresses the pollutant(s) of concern and has determined that controls on stormwater discharges from small construction activity are not needed to protect water quality. The pollutant(s) of concern include sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. Information on TMDLs that have been established or approved by ADEQ is available from ADEQ online at https:Hv ww.adeq.state.ar.us/water/planninL/inte,rated/tmdl/. 16. Notice of Termination (NOT). When all construction activities that disturbed soil are complete, the site has reached final stabilization (100%. stabilization with 80% density, or as defined in Part I.A.26.13 for sites where background native vegetation will cover less than 100% of the ground), all stormwater discharges from construction activities authorized by this permit are eliminated and all temporary sediment controls are removed and properly disposed, the operator of the facility may submit a complete Notice of Termination (NOT) to the Director. Along with the NOT, pictures that represent the entire site should be submitted for review. Final stabilization is not required if the land is returned. to its pre - construction agriculture use. Operators of small construction sites are not required to submit NOTs for their construction sites. However, final stabilization is required on all sites. If a Notice of Termination is not submitted when the project is completed, the operator will be responsible for annual fees. 17. Responsibilities of the Operator of a Lar1jer Common Plan of Development for a Subdivision. A. The operator is ultimately responsible for the runoff from the perimeter of the entire development. Regardless of the reason for the runoff, the operator is responsible for ensuring sufficient overall controls of the development. B. The operator shall not terminate the permit coverage until the following conditions have been met: 1) After all construction including landscaping and lot development has been completed; and 2) All lots are sold and developed. The following exceptions to this requirement can apply: a. less than 100% sold and developed at the discretion of the Director, or b. Separation of the larger common plan if twenty-four (24) months have passed with no construction activity, or c. All lots are developed and there are no temporary common controls for subdivision outfalls, i.e. sediment Page 16 of Part I Permit No. ARR150000 basins, large sediment traps, check dams, etc. 3) If lots are sold and then re -sold to a third party, permit coverage should be obtained by each of the operators while they have ownership of the lots. The second owner is responsible for obtaining the same certification from the third owner, i.e. the certification shall pass from owner to owner. C. The operator shall not terminate permit coverage until the operators of all of the individual lots within the larger common plan are notified of their permitting requirements under this general permit. In this case, the signed certification statements from each operator of individual lots shall be maintained in the stormwater pollution prevention plan for the large common plan. A copy of the signed certifications shall be submitted to ADEQ with the NOT. The certification shall be as follows: "I , operator of an individual lot # , block # of subdivision, certify under penalty of law that I was notified by the operator of the larger common plan of the stormwater permitting requirements for my construction site(s). I understand prior to commencement of any construction activity I have to prepare and comply with a SWPPP and post the Construction Site Notice. I understand that prior to the sale of this lot to another party; I must notify the new owner of ADEQ requirements and obtain this certification from the new owner." Signature D. The following examples are provided as clarification: 1) If a small portion of the original common plan of development remains undeveloped and there has been a period of time (i.e., more than 24 months) where there are no ongoing construction activities (i.e., all areas are either undisturbed or have been finally stabilized), operators may re-evaluate the original project based on the acreage remaining from the original "common plan." If less than five but more than one acre remains to build out the original "common plan", coverage under the large permit may not be required. However, operators will need to comply with the terms and conditions for Small Construction Sites in the Construction General Permit. If less than one acre remains of the original common plan, the individual project may be treated as a part of a less than one acre development and no permit would be required. 2) If operators have a long-range master plan of development where some portions of the master plan are conceptual rather than a specific plan of future development and the future construction activities would, if they occur at all, happen over an extended period of time (i.e., more. than 24 months), operators may consider the "conceptual' phases of development to be separate "common plans" provided the periods of construction for the physically interconnected phases will not overlap. 3) Where discrete construction projects within a larger common plan of development or sale are located'/ mile or more apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed. For example, an interconnecting access road or pipeline were under construction at the same time, they would generally be considered as a part of a single "common plan" for permitting purposes. 4) If the operator sells all the lots in the subdivision to one or more multi -lot homebuilder(s), provisions shall be made to obtain stormwater permit coverage by one of the following options: a. The permit may be transferred from the first "operator" to the new/second "operator". b. A new, separate permit may be obtained by the second "operator". NOTE: If a new permit is to be obtained, then it shall be obtained before the first/original permit is terminated. 5) If the operator retains ownership of any lots in the subdivision, the operator shall maintain permit coverage for those lots under the original permit. The operator shall modify the Stormwater Pollution Prevention Plan (SWPPP) Page 17 of Part I Permit No. ARR150000 by stating which lots are owned and marking the lots on the site map. If there are one (1) or two (2) lots remaining and the total acreage is less than five (5) acres, the original permit could be terminated and those lots could be covered as a small site. 18. Change in Operator. For stormwater discharges from large construction sites where the operator changes, including instances where an operator is added after the initial NOI has been submitted, the new operator shall ensure that a permit transfer form is received by the Department at least two (2) weeks prior to the operator beginning work at the site. 19. Late Notifications. A discharger is not precluded from submitting an NOI in accordance with the requirements of this part after the dates provided in Part I.B.7 of this permit. In such instances, the Director may bring an enforcement action for failure to submit an NOI in a timely manner or for any unauthorized discharges of stormwater associated with construction activity that have occurred on or after the dates specified in this permit. 20. Failure to Notify. The operator of a construction site who fails to notify the Director of their intent to be covered under this permit, and who potentially discharges pollutants (sediment, debris, etc.) to Waters of the State without an NPDES permit, is in violation of the Arkansas Water and Air Pollution Control Act. 21. Maintenance. Determination of the acreage of disturbance does not typically include disturbance for routine maintenance activities on existing roads where the line and grade of the road is not being altered, nor does it include the paving of existing roads. Maintenance activities (returning to original conditions) are not regulated under this permit unless one or more acres of underlying or surrounding soil are cleared, graded, or excavated as part of the operation. 22. Releases in Excess of Reportable Quantities. A. The discharge of hazardous substances or oil in the stormwater discharge(s) from a facility shall be prevented or minimized in accordance with the applicable stormwater pollution prevention plan for the facility. This permit does not relieve the operator of the reporting requirements of 40 CFR Parts 110, 117 and 302. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reporting quantity established under either 40 CFR 110, 40 CFR 117, or 40 CFR 302; occurs during a 24-hour period, the following action shall be taken: 1) Any person in charge of the facility is required to notify the National Response Center (NRC) (800-424-8802) in accordance with the requirements of 40 CFR 110, 40 CFR 117, or 40 CFR 302 as soon as he/she has knowledge of the discharge; 2) The operator shall submit within five (5) calendar days of knowledge of the release a written description of the release (including the type and estimate of the amount of material released), the date that such release occurred, and the circumstances leading to the release, and steps to be taken in accordance with Part II.B.13 of this permit to the ADEQ. 3) The Stormwater Pollution Prevention Plan (SWPPP) described in Part II.A of this permit shall be modified within fourteen (14) calendar days of knowledge of the release to: a. Provide a description of the release and the circumstances leading to the release; and b. The date of the release; 4) Additionally, the SWPPP shall be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the plan shall be modified where appropriate. B. Spills. This permit does not authorize the discharge of hazardous substances or oil resulting from an on-site spill. Page 18 of Part I Permit No. ARR150000 23. Attainment of Water Ouality Standards. The operator shall select, install, implement and maintain control measures at the construction site that minimize the discharge of pollutants for which a stream is impaired at the discretion of the Director as necessary to protect water quality. In general, except in situations explained in below, the stormwater controls developed, implemented, and updated to be considered stringent enough to ensure that discharges do not cause or contribute to an excursion above any applicable water quality standard. At any time after authorization, the ADEQ may determine that the stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, ADEQ will require the permittee to: A. Develop a supplemental BMP action plan describing SWPPP modifications to address adequately the identified water quality concerns and submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or B. Cease discharges of pollutants from construction activity and submit an individual permit application. All written responses required under this part shall include a signed certification consistent with Part II.B.9 24. Reguirinjj an Individual Permit The Director may require any person eligible for coverage under the general permit to apply for and obtain an individual permit. In addition, any interested person(s) may submit an application for an individual permit. The Director may consider the issuance of individual permits according to the criteria in 40 CFR 122.28(b)(3). Coverage of the facility under this general permit is automatically terminated when: (1) the operator fails to submit the required individual NPDES permit application within the defined time frame; or (2) the individual NPDES permit is issued by ADEQ and effective. Any operator covered under this general permit may request to be excluded from the coverage of this permit by applying for an APC&EC Regulation 6 individual permit. The operator shall submit an application for an individual permit with the reasons supporting the application to ADEQ. If a final, individual NPDES permit is issued to an operator otherwise subject to this general permit, the applicability of this general permit to the facility is automatically terminated on the effective date of the individual NPDES permit. Otherwise, the applicability of this general permit to the facility. remains in full force and effect. Page 1 of Part U Permit No. ARR150000 PART II STANDARD CONDITIONS Information in Part II is organized as follows: Section A: Stormwater Pollution Prevention Plans (SWPPP): 1. Deadlines for Plan Preparation and Compliance 2. Signature, SWPPP, Inspection Reports, and Notice of Coverage (NOC) 3. Keeping SWPPP Current 4. Contents of the Stormwater Pollution Prevention Plan 5. Plan Certification Section B: Standard Permit Conditions: 1. Retention of Records 2. Duty to Comply 3. Penalties for Violations of Permit Conditions 4. Continuance of the General Permit 5. Need to Halt or Reduce Activity Not a Defense 6. Duty to Mitigate 7. Duty to Provide Information 8. Other Information 9. Signatory Requirements 10. Certification 11. Penalties for Falsification of Reports 12. Penalties for Tampering 13. Oil and Hazardous Substance Liability 14. Property Rights 15. Severability 16. Transfers 17. Proper Operation and Maintenance 18. Inspection and Entry 19. Permit Actions 20. Re -Opener Clause 21. Local Requirements 22. Applicable Federal, State Requirements Page 2 of Part II Permit No. ARR150000 SECTION A: STORMWATER POLLUTION PREVENTION PLANS (SWPPP) The operator shall prepare a Stormwater Pollution Prevention Plan (the plan/SWPPP) beforepermit coverage. At least one SWPPP shall be developed for each construction project or site covered by this permit. The SWPPP shall follow the order outlined in Part II.A.4 & 5 below. This basic ADEQ format is available through the Department's website https://www.adeq.state.ar.us/water/pennits/npdes/stonnwate.r/ . Other formats maybe used at the discretion of the Director if the format has been approved by the Department prior to use. The operator shall implement the SWPPP as written from initial commencement of construction activity until final stabilization is complete, with changes being made as deemed necessary by the permittee, local, state or federal officials. The plan shall be prepared in accordance with good engineering practices, by qualified personnel and shall: • Identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction; • Identify, describe and ensure the implementation of Best Management Practices (BMPs), with emphasis on initial site stabilization, which are to be used to reduce pollutants in stormwater discharges from the construction site; • Be site specific to what is taking place on a particular construction site; • Ensure compliance with the terms and conditions of this permit; and • Identify the responsible party for on-site SWPPP implementation. 1. Deadlines for Plan Preparation and Compliance. A. Automatic Coverage Sites. The plan shall be completed prior to the commencement of construction activities and updated as appropriate. Submittal of the NOI, permit fee and SWPPP is not required. All conditions set forth in Part II.A must be followed, and the NOC must be posted at the site prior to commencing construction. In addition, a copy of the SWPPP must be available at the construction site in accordance with Part II.2.13 and D prior to commencing construction. B. Large Construction Sites. The plan shall be completed and submitted for review, along with an NOI and initial permit fee I4 business days prior to the commencement of construction activities. Submittals of updates to the plan during the construction process are required only if requested by the Director. C. Existing Permittees. Existing permittees that were permitted prior to the issuance of this renewal'permit are required to update their plan as appropriate to come into compliance with the requirements contained in Part II.A.4 by the effective date of this permit. 2. Signature, Stormwater Pollution Prevention Plan (SWPPP), Inspection Reports and Notice of Coverage (NOC). A. The SWPPP and inspection reports shall be signed by the operator (or cognizant official) in accordance with Part II.B.9 and be retained at the construction site during normal business hours (8:00 A.M. — 5:00 P.M.). B. The operator shall make SWPPP and inspection reports available, upon request, to the Director, the EPA, or a State or local agency reviewing sediment and erosion plans, grading plans, or stormwater management plans, or, in the case of a stormwater discharge associated with construction activity which discharges through a municipal separate storm sewer system with an NPDES permit, to the municipal operator of the system. C. The Director, or authorized representative, may notify the operator at any time that the plan does not meet one or more of the minimum requirements of this Part. Within seven (7) business days of such notification from the Director (or as otherwise provided by the Director) or authorized representative, the operator shall make the required changes to the Page 3 of Part H Permit No. ARR150000 plan and submit to the Director a written certification that the requested changes have been made. The Department may request re -submittal of the SWPPP to confirm that all deficiencies have been adequately addressed. The Department may also take appropriate enforcement action for the period of time the operator was operating under SWPPP that did not meet the minimum requirements of this permit. D. The operator shall post the NOC near the main entrance of the construction site and visible to the public. The NOC will indicate the location of the SWPPP. If the SWPPP location is changed from the initial location, the NOC shall be updated to reflect the correct location of the SWPPP. 3. Keeping SWPPP Current. The operator shall amend the SWPPP within seven (7) business days or whenever there is a change in design, construction, operation, or maintenance at the construction site which has or could have a significant effect on the potential for the discharge of pollutants to the Waters of the State that has not been previously addressed in the SWPPP. The SWPPP should also be modified if a determination has been made through inspections, monitoring (if required), or investigation by the operator, local, state, or federal officials that the discharges are causing or contributing to water quality violation or the plan proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified in stormwater discharges from the construction site. 4. Contents of the Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include the following items: A. Site Description. SWPPP shall provide a description of the following: 1) A description of the nature of the construction activity and its intended use after the Notice of Intent (NOI) is filed (i.e., residential subdivision, shopping mall, etc.); 2) A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g. grubbing, excavation, grading, infrastructure installation, etc.); 3) Estimates of the total area of the site (including off-site borrow and fill areas) and the total area of the site that is expected to be disturbed by excavation, grading or other activities; and 4) An estimate of the runoff coefficient of the site for pre- and post -construction activities and existing data describing the soil or the quality of any discharge from the site. B. Responsible Parties. The SWPPP shall identify (as soon as this information is known) all parties -(i.e., General Contractors, Landscapers, Project Designers, and Inspectors) responsible for particular services they provide to the operator to comply with the requirements of the SWPPP for the project site, and areas over which each party has control. If these parties change over the life of the permit, or new parties are added, the SWPPP should be updated to reflect these changes. C. Receiving Waters. The SWPPP shall include a clear description of the nearest receiving water(s), or if the discharge is to a municipal separate storm sewer, the name of the operator of the municipal system, and the ultimate receiving water(s). D. Documentation ofPermit Eligibility Related to the 303(d) list and Total Maximum Daily Loads (TMDL). The SWPPP should include information on whether or not the stormwater discharges from the site enter a water body that is on the most recent 303(d) list or with an approved TMDL. If the stormwater discharge does enter a water body that is on the most recent 303(d) list or with an approved TMDL, then the SWPPP should address the following items: 1) Identification of the pollutants that the 303(d) list or TMDL addresses, specifically whether the 303(d) list or TMDL addresses sediment or a parameter that addresses sediment (such as total suspended solids, turbidity, or siltation); 2) Identification of whether the operator's discharge is identified, either specifically or generally, on the 303(d) list or any associated assumptions and allocations identified in the TMDL for the discharge; and 3) Measures taken by the operator to ensure that its discharge of pollutants from the site is consistent with the assumptions and allocations of the TMDL. Page 4 of Part II Permit No. ARR150000 If the Department determines during the review process that the proposed project will be discharging to a receiving water that is on the most recent 303(d) list or with an approved TMDL, then the Department will notify the applicant to include additional Best Management Practices in the SWPPP. E. Attainment of Water Quality Standards After Authorization. 1) The permittee shall select, install, implement, and maintain BMPs at the construction site that minimize pollutants in the discharge as necessary to meet applicable water quality standards. In general, except in situations explained below, the SWPPP shall be developed, implemented, and updated to be considered as stringent as necessary to ensure that the discharges do not cause or contribute to an excursion above any applicable water quality standard. 2) At any time after authorization, the Department may determine that the stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, the Department will require the permittee to: a. Develop a supplemental BMP action plan describing SWPPP modifications to adequately address the identified water quality concerns and submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or b. Cease discharges of pollutants from construction activity and submit an individual permit'application. 3) All written responses required under this part shall include a signed certification (Part II.B.9) F. Site Map. The SWPPP shall contain a legible site map (or multiple maps, if necessary) complete to scale, showing the entire site, that identifies, at a minimum, the following: 1) Pre -construction topographic view; 2) Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after grading activities; 3) Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit; 4) Location of major structural and nonstructural controls identified in the plan; 5) Location of main construction entrance and exit; 6) Location where stabilization practices are expected to occur; 7) Locations of off-site materials, waste, borrow area, or equipment storage area; 8) Location of areas used for concrete wash-out; 9) Location of all Waters of the State with associated natural buffer boundary lines. Identify floodplain and floodway - boundaries, if available; 10) Locations where stormwater is discharged to Waters of the State or a municipal separate storm sewer system if applicable, 11) Locations where stormwater is discharged off-site (should be continuously updated); 12) Areas where final stabilization has been accomplished and no further construction phase permit requirements apply; 13) A legend that clearly specifies any erosion and sediment control measure symbols/labels used in the site map and/or detail sheet; and 14) Locations of any storm drain inlets on the site and in the immediate vicinity of the site. G. Stormwater Controls. Each plan shall include a description of appropriate controls and measures that will be implemented at the construction site. The plan will clearly describe for each activity identified in the project description control measures associated with the activity and the schedule during the construction process that the measures will be implemented. Perimeter controls for the site shall be installed after the clearing and grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site. Perimeter controls shall be actively maintained until final stabilization of those portions of the site upward of the A Page 5 of Part II Permit No. ARR150000 perimeter control. Temporary controls shall be removed after final stabilization and properly disposed. The description and implementation of controls shall address the following minimum components: 1) Initial Site Stabilization, Erosion, and Sediment Controls and Best Management Practices. Design, install, implement and maintain effective erosion and sediment controls to minimize the discharge of pollutants. At a minimum the following controls and Best Management Practices (BMPs) shall be designed, installed, implemented and maintained. Therefore, the SWPPP shall address, at a minimum, the following: a. For larger common plans, only streets, drainage, utility areas, areas needed for initial construction of streets (e.g., borrow pits, parking areas, etc.) and areas needed for stormwater structures may be disturbed initially. Upon stabilization of the initial areas, additional areas may be disturbed. b: The construction -phase erosion (such as site stabilization) and sediment controls (such as check dams) should be designed to retain sediment on-site to the extent practicable. c. All control measures shall be properly selected, installed, and maintained in accordance with the manufacturer's specifications, good engineering, and construction practices. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the permittee shall replace or modify the control for site situations. d. If sediment escapes the construction site, off-site accumulations of sediment shall be removed at a frequency sufficient to minimize off-site impacts (e.g., fugitive sediment in a street could be washed into storm sewers by the next rain or pose a safety hazard to users of public streets). This permit does not give the authority to trespass onto other property; therefore this condition should be carried out along with the permission of neighboring land owners to remove sediment. e. Sediment shall be removed from sediment traps (if used, please specify what type) or sedimentation ponds when design capacity has been reduced by 50%. f. Litter, construction debris, and construction chemicals exposed to stormwater shall be prevented from becoming a pollutant source for stormwater discharges (e.g., screening outfalls picked up daily). g. Off-site material storage areas (also including overburden and stockpiles of dirt, borrow areas, etc.) used solely by the permitted project are considered a part of the project and shall be addressed in the SWPPP. 2) Stabilization practices. The SWPPP shall include, at a minimum, the following information: a. Description and Schedule: A description of initial, interim, and permanent stabilization practices, including site-specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where attainable and that disturbed areas are stabilized. Stabilization practices may include: mulching, temporary seeding, permanent seeding, geotextiles, sod stabilization, natural buffer strips, protection of trees, and preservation of mature vegetation and other appropriate measures. Description of natural buffer areas: The Department requires that a natural buffer zone be established between the top of stream bank and the disturbed area. The SWPPP shall contain a description of how the site will maintain natural buffer zones. For construction projects where clearing and grading activities will occur, SWPPP shall provide at least twenty-five (25) feet of natural buffer zone from any named or unnamed streams, creeks, rivers, lakes or other water bodies. The plan shall also provide at least fifty (50) feet of natural buffer zone from established TMDL water bodies, streams listed on the 303(d) list, an Extraordinary Resource Water (ERW), Ecologically Sensitive Waterbody (ESW), Natural and Scenic Waterway (NSW), or other uses at the discretion of the Director. If the site will be disturbed within the recommended buffer zone, then the buffer zone area shall be stabilized as soon as possible. Exceptions from this requirement for areas such as water crossings, Jimited water access, and restoration of the buffer are allowed if the permittee fully documents in the SWPPP the circumstances and reasons for the buffer zone encroachment. Additionally, this requirement is not intended to interfere with any other ordinance, rule or regulation, statute or other provision of law. Please note that above -grade clearing that does not disturb the soil in the buffer zone area does not have to comply with buffer zone requirements. c. Records of Stabilization: A record of the dates when grading activities occur, when construction activities A Page 6 of Part II Permit No. ARR150000 temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the plan. d. Deadlines for Stabilization After Construction Activity Temporarily Ceases: Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily ceased, but in no case more than fourteen (14) days after the construction activity in that portion of the site has temporarily ceased, except: (1) Where the initiation of stabilization measures by the fourteenth (140') day after construction activity temporarily ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) In arid, semiarid, and drought -stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures shall be employed as specified by the permitting authority. e. Deadline for Stabilization After Construction Activity Permanently Ceases: Stabilization measures shall be initiated immediately in portions of the site where construction activities have permanently ceased, except: (1) Where the initiation of stabilization measures immediately after construction activity permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) In arid, semiarid, and drought -stricken areas where initiating vegetative stabilization.measures immediately is infeasible, alternative stabilization measures shall be employed as specified by the permitting authority. 3) Structural Practices. A description of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. Structural practices should be placed on upland soils to the degree attainable. The installation of these devices may be subject to Section 404 of the Clean Water Act. Such practices may include but are not limited to: - silt fences (installed and maintained) - earthen dikes to prevent run-on drainage swales to prevent run-on check dams - subsurface drains - pipe slope drains - storm drain inlet protection - rock outlet protection - sediment traps - reinforced soil retaining systems - gabions - temporary or permanent sediment basins. A combination of erosion and sediment control measures is encouraged to achieve maximum pollutant removal. Adequate spillway cross-sectional area and re -enforcement shall be provided for check dams, sediment traps, and sediment basins. a. Sediment Basins: (1) For common drainage locations that serve an area with ten (10) or more acres (including run-on from other areas) draining to a common point, a temporary or permanent sediment basin that provides storage based on either the smaller of 3600 cubic feet per acre, or a size based on the runoff volume of a 10 year, 24 hour storm, shall be provided where attainable (so as not to adversely impact water quality) until final stabilization of the site. In determining whether installing a sediment basin is attainable, the operator may Page 7 of Part II Permit No. ARR150000 consider factors such as site soils, slope, available area on site, etc. Proper hydraulic design of the outlet is critical to achieving the desired performance of the basin. The outlet should be designed to drain the basin within twenty-four (24) to seventy-two (72) hours. (A rule of thumb is one square foot per acre for a spillway design.) The 24-hour limit is specified to provide adequate settling time; the seventy-two (72) hour limit is specified to mitigate vector control concerns. If a pipe outlet design is chosen for the outfall, then an emergency spillway is required. If "non -attainability" is claimed, then an explanation of non - attainability shall be included in the SWPPP. Where a sediment basin is not attainable, smaller sediment basins or sediment traps shall be used. Where a sediment basin is un -attainable, natural buffer strips or other suitable controls which are effective are required for all side slopes and down slope boundaries of the construction area. The plans for removal of the sediment basin should also be included with the description of the basin in the SWPPP. (2) For drainage locations serving an area less than ten (10) acres, sediment traps, silt fences, or equivalent sediment controls are required for all side slope and down slope boundaries of the construction area unless a sediment basin providing storage based on either the smaller of 3600 cubic feet per acre, or a size based on the run off volume of a 10 year, 24 hour storm is provided. (A rule of thumb is one square foot per acre for a spillway.) However, in order to protect the Waters of the State, the Director, at their discretion, may require a sediment basin for any drainage areas draining to a common point. b. Velocity Dissipation Devices: Velocity dissipation devices shall be placed at discharge locations, within concentrated flow areas serving two or more acres, and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (i.e., no significant changes in the hydrological regime of the receiving water). Please note that the use of hay -bales is not recommended in areas of concentrated flow. H. Other Controls. 1) No solid materials, including building materials, shall be discharged to Waters of the State or offsite. 2) Off-site vehicle tracking of sediments and the generation of dust shall be minimized through the use of a stabilized construction entrance and exit or vehicle tire washing. 3) For lots that are less than one (1) acre in size an alternative method may be used in addition to a stabilized construction entrance. An example of an alternative method could be daily street sweeping. This could allow for the shortening of the construction entrance. 4) The plan shall ensure and demonstrate compliance with applicable State or local waste disposal, temporary and permanent sanitary sewer or septic system regulations. 5) No liquid concrete waste shall be discharged to Waters of the State. Appropriate controls to prevent the discharge of concrete washout waters shall be implemented if concrete washout will occur on-site. 6) No contaminants from fuel storage areas, hazardous waste storage and truck wash areas shall be discharged to waters of the State or offsite. Methods for protecting these areas shall be identified and implemented. These areas should not be located near a water body, if there is a water body on or near the project. I. Non-stormwater discharges. Sources of non-stormwater listed in Part I.B.10 of this permit that are combined with stormwater discharges associated with construction activity shall be identified in the plan. This list should be site specific non-stormwater discharges. Post -Construction Stormwater Management. The operator is required to provide a description of measures that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. The installation of these devices may be subject to Section 404 (Corps of Engineers) of the Clean Water Act. This permit only addresses the installation of stormwater management measures, and not the ultimate operation and maintenance of such structures after the construction activities have been completed and the site has undergone final stabilization. Page 8 of Part II Permit No. ARR150000 However, post -construction stormwater BMPs that discharge pollutants from a point source once construction is completed may need authorization under a separate ADEQ NPDES permit. Such practices may include but are not limited to: - infiltration of runoff onsite - flow attenuation by use of open vegetated swales and natural depressions - stormwater retention structures - stormwater detention structures (including wet ponds) - sequential systems, which combine several practices A goal of at least 80 % removal of total susperided solids from these flows which exceed predevelopment levels should be used in designing and installing stormwater management controls (where practicable). Where this goal is not met, the operator shall provide justification for rejecting each practice listed above based on site conditions. K: Applicable State or Local Programs. The SWPPP shall be updated as necessary to reflect any revisions to applicable federal, state, or local requirements that affect the stormwater controls implemented at the site. L. Inspections. Inspections should conducted by qualified personnel (provided by the operator). Inspections shall include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors shall look for evidence of, or the potential for, pollutants entering the stormwater conveyance system. Erosion and sedimentation control measures shall be observed to ensure proper operation. Discharge locations shall be inspected to determine whether erosion control measures are effective in preventing significant impacts to Waters of the State or offsite, where accessible. Where discharge locations are inaccessible, nearby downstream locations shall -be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking. Inspections may not be required if the lot(s) within a larger common plan is/are sufficiently stabilized. In addition, inspections may not be required on a completed section of a linear project if that section has been sufficiently stabilized. Stabilized areas of the project should be indicated in the SWPPP and site map and show what date they were stabilized. The operator shall ensure that no sediment will leave the lot(s) that are stabilized. These lots shall be identified within the SWPPP and show what date they were stabilized. If the operator is unable to ensure this, then inspections shall continue. 1) Inspection Frequency. Inspections shall be conducted in accordance with one of the following schedules listed below. The schedule must be specified in the Stormwater Pollution Prevention Plan (SWPPP). a. At least once every 7 calendar days, or b. At least once every 14 calendar days and within 24 hours of the end of a storm event of 0.25 inches or greater (a rain gauge must be maintained on-site). 2) Inspection Form. The ADEQ inspection form should be used for all inspections. The inspection form should include any erosion/sediment controls that are being used on the site. The form is available on the Department's website www.adeq.state.ar.us. If a different form is used, it shall at a minimum contain the following information: a. Inspector Name and Title b. Date of Inspection c. Amount of Rainfall and Days Since Last Rain Event (only applicable to Part II.A.4.L.l.b) d. Approximate beginning and duration of the storm event e. Description of any discharges during inspection f. Locations of.discharges of sediment/other pollutants g. Locations of BMPs in need of maintenance or where maintenance was performed h. If the BMPs are in working order and if maintenance is required. (including when scheduled and completed) i. Locations that are in need of additional controls j. Location and Dates When Major Construction Activities Begin, Occur or Cease k. Signature of qualified signatory official, in accordance with Part II.B.9 Page 9 of Part H Permit No. ARR150000 Additional information may be added to the inspection report at the permittee's discretion. 3) Inspection Records. The report shall be retained as part of the SWPPP for at least three (3) years from the date the site -is finally stabilized. The report shall be signed and have a certification statement in accordance with the requirements of this permit. 4) Winter Conditions. Inspections will not be required at construction sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. If there is any runoff from the site at any time during snow cover, melting conditions would be considered to be existent at the site and this inspection waiver would not apply. Regular inspections, as required by this permit, are required at all other times as specified in this permit. If winter conditions prevent compliance with the permit, documentation of the beginning and ending date of winter conditions should be included in the SWPPP. 5) Adverse Weather Conditions. Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make inspections impractical, such as extended frozen conditions. When adverse weather conditions prevent the inspection of the site, an inspection should be completed as soon as is safe and feasible. If adverse weather conditions prevent compliance with the permit, documentation of the beginning and ending date of adverse weather conditions should be included in the SWPPP. M. Maintenance. A description of procedures to maintain vegetation, erosion and sediment control measures and other protective measures in good, effective operating condition shall be outlined in the plan. Any repairs that are needed based on an inspection shall be completed, when practicable, before the next storm event, but not to exceed a period of three (3) business days of discovery, or as otherwise directed by state or local officials. However, if conditions do not permit large equipment to be used, a longer time frame is allowed if the condition is thoroughly documented on the inspection form. Maintenance for manufactured controls shall be done at a minimum of the manufacturer's specifications. Maintenance for non -manufactured controls, i.e. check dams and sediment traps, shall be done upon 50% capacity. N. Employee Training. The permittee/operator is responsible for training personnel who are responsible for implementing activities identified in the SWPPP on the components and goals of the SWPPP and the requirements of the general permit. This includes contractors and subcontractors. Training should be given by a knowledgeable and qualified trainer. The SWPPP shall identify periodic dates for such training and records of training shall be maintained with the SWPPP. Training records that are maintained electronically (i.e. database, etc.) do not need to be maintained with the SWPPP, but shall be accessible upon request. Formal training classes given by Universities or other third -party organizations are not required but recommended for qualified trainers; the permittee is responsible for the content of the training being adequate for personnel to implement the requirements of the permit. 5. Plan Certification. The SWPPP Certification shall be signed by either the operator or the cognizant official identified on the Notice of Intent. All documents required by the permit and other information requested by the Director shall be signed by operator or by a duly authorized representative of the operator (Please see Part II.B.10 below for certification). Page 10 of Part H Permit No. ARR150000 SECTION B: STANDARD PERMIT CONDITIONS s 1. Retention of Records. A. The operator shall retain records of all Stormwater Pollution Prevention Plans, all inspection reports required by this permit, and records of all data used to complete the Notice of Intent (NOI) to be covered by this permit for a period of at least three years from the date the Notice of Termination letter is signed by the Department. This period may be extended by request of the Director at any time. B. The operator shall retain a signed copy of the Stormwater Pollution Prevention Plan (SWPPP) and inspection reports required by this permit at the construction site from the date of project initiation to the date of final stabilization. 2. Duty to Comply. The operator shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the federal Clean Water Act and the Arkansas Water and Air Pollution Control Act and is grounds for: enforcement action; permit termination, revocation and re -issuance, or modification; or denial of a permit renewal application. 3. Penalties for Violations of Permit Conditions. The Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4- 101 et seq.) provides that any person who violates any provisions of a permit issued under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year, or a criminal penalty of not more than twenty five thousand dollars ($25,000) or by both such fine and imprisonment for each day of such violation. Any person who violates any provision of a permit issued under the Act may also be subject to civil penalty in such amount as the court shall find appropriate, not to exceed ten thousand dollars ($10,000) for each day of such violation. The fact that any such violation may constitute a misdemeanor shall not be a bar to the maintenance of such civil action. 4. Continuance of the General Permit. Permittees wishing to continue coverage under this general permit shall submit a Renewal NOI (see Part I.B.4 for where to submit documentation) up to 180 days prior to the expiration date, but no later than 30 days prior to the expiration date. No additional fee is required to be submitted along with the Renewal NOI. An expired general permit continues in force and effect until a new general permit is issued. If this permit is not re -issued or replaced prior to the expiration date, it will be administratively continued in accordance with Ark. Code Ann. § 8-4- 203(m) and remain in force and effect. If a permittee was granted permit coverage prior to the expiration date, the permittee will automatically remain covered by the continued permit until the earliest of: A. The effective date of the re -issuance or replacement of this permit and a timely submittal of a renewal NOI by the operator; or B. The operator's submittal of a Notice of Termination (NOT); or C. Issuance of an individual permit for the project's discharges (see Part I.B.24); or D. A formal permit decision by the ADEQ to not re -issue this general permit, at which time operators must seek coverage under an alternative permit (see Part I.B.24). Small site operators are responsible for ensuring that the site is in compliance with any changes or updates of this general permit by reviewing the ADEQ website at: https://www.adeg.state.ar.Us/water/perrnits/npdes/stonnwater/ Page 11 of Part H Permit No. ARR150000 5. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 6. Duty to Mitigate. The operator shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has reasonable likelihood of adversely affecting human health or the environment. 7. Duty to Provide Information. The operator shall furnish to the Director, an authorized representative of the Director, the EPA, a State or local agency reviewing sediment and erosion plans, grading plans, or stormwater management plans, or in the case of a stormwater discharge associated with industrial activity which discharges through a Municipal Separate Storm Sewer System (MS4) with an NPDES permit, to the municipal operator of the system, within a reasonable time, any information which is requested to determine compliance with this permit. - g. Other Information. When the operator becomes aware that he or she failed to submit any relevant facts or submitted incorrect information in the Notice of Intent or in any other report to the Director, he or she shall promptly submit such facts or information. 9. Signatory Requirements. All Notices of Intent (NOIs), reports, or information submitted to the Director shall be signed - and certified by the operator. A. All Notices of Intent shall be signed as follows: 1) For a corporation: by a responsible corporate officer. For purposes of this section, a responsible corporate officer means: a. A president, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to ensure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated, to the manager in accordance with corporate procedures. 2) For a partnership or sole -proprietorship: by a general partner or the proprietor, respectively; 3) For a municipality, State, Federal or other public agency: By either a principal executive or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: a. The chief executive officer of the agency; or b. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. B. All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1) The authorization is made in writing by a person described above and submitted to the Director; 2) The authorization specifies either an individual or a person having responsibility for the overall operation of the Page 12 of Part II Permit No. ARR150000 regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility, or position of equivalent responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3) Changes to authorization. If an authorization under this Part is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the above requirements shall be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. 10. Certification. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments such as Inspection Form were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of -my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Note: For this permit only, "this document' refers to the Stor nwater Pollution Prevention Plan, "attachments" refers to the site map and inspection forms, and "system" is referencing the project site. 11. Penalties for Falsification of Reports. The Arkansas Water and Air Pollution Control Act provides that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this permit shall be subject to civil penalties specified in Part II.B.3 of this permit and/or criminal penalties under the authority of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.). 12. Penalties for Tampering. The Arkansas Water and Air Pollution Control act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under the Act f shall be guilty, of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year. or a fine of not more than twenty five thousand dollars ($25,000) or by both such fine and imprisonment. 13. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties to which the operator is or may be subject under Section 311 of the Clean Water Act or Section 106 of CERCLA. 14. Property Rights. The issuance of this permit does not convey any property rights of any sort or any exclusive privileges, nor does it authorize any injury to private property, any invasion of personal rights, or any infringement of Federal, State, or local laws or regulations. 15. Severability. The provisions of this permit are severable. If any provisions of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provisions to other circumstances and the remainder of this permit shall not be affected thereby. 16. Transfers. This permit is not transferable to any person except after notice to the Director. A transfer form shall be submitted to the ADEQ as required by this permit. 17. Proper Operation and Maintenance. The operator shall at all times: A. Properly operate and maintain all 'systems of treatment and control (and related appurtenances) which are installed or used by the operator to achieve compliance with the conditions of this permit. This provision requires the operation of Page 13 of Part H Permit No. ARR150000 backup or auxiliary facilities or similar systems which are installed by an operator only when the operation is necessary to achieve compliance with the conditions of the permit. B. Provide an adequate operating staff which is duly qualified to carry out operation, inspection, maintenance, and testing functions required to ensure compliance with the conditions of this permit. 18. Inspection and Entry. The operator shall allow the Director, the EPA, or an authorized representative, or, in the case of a construction site which discharges to a municipal separate storm sewer, an authorized representative of the municipal operator of the separate sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: A. Enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; B. Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities or equipment, including monitoring and control equipment and practices or operations regulated or required by the permit D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by . the CWA, any substances or parameters at any location on the permitted property. 19. Permit Actions. This permit may be modified, revoked and reissued, or terminated for any cause including, but not limited to, the following; A. Violation.of any terms or conditions of this permit; B. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts; C. A change in any conditions that requires either a temporary or permanent reduction or elimination of the authorized discharge; D. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or E. Failure of the operator to comply with the provisions of ADEQ Regulation No. 9 (Fee Regulation). Failure to promptly remit all required fees shall be grounds for the Director to initiate action to terminate this permit under the provisions of 40 CFR 122.64 and 124.5(d), as adopted by reference in ADEQ Regulation No. 6, and the provisions of ADEQ Regulation No. 8. 20. Re -Opener Clause. . A. If there is evidence indicating potential or realized impacts on water quality due to any stormwater discharge associated with industrial activity covered by this permit, the operator of such discharge may be required to obtain an individual permit or an alternative general permit in accordance with Part I.B.23 of this permit, or the permit may be modified to include different limitations and/or requirements. B. Permit modification or revocation will be conducted in accordance with the provisions of 40 CFR 122.62,-122.63, 122.64 and 124.5; as adopted by reference in ADEQ Regulation No. 6. 21. Local Requirements. All dischargers shall comply with the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding any discharges of stormwater to storm drain systems or other water sources under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with the ADEQ permits. Dischargers shall comply with local stormwater management requirements, policies, or guidelines including erosion and sediment control. 22. Applicable Federal, State Requirements. Permittees are responsible for compliance with all applicable terms and conditions of this permit. Receipt of this permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance policy, or regulation. TECHNICAL SPECIFICATIONS FAYETTEVILLE STANDARD SPECIFICATIONS FOR EROSION CONTROL ftp•//ftp fayetteville-ar _gov/published/en�,ineering/standard4%?0details/Erosion%2OControl%2ODetails/ FAYETTEVILLE STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF WATER LINES AND SEWER LINES htip://www.favetteville-ar.t,ov/DOCLiiiieiitCenterNiew/6031 GOODWIN & GOODWIN, INC.- Change Order #1- DINSMORE TRAIL WATERLINE REPLACEMENT PROJECT City of Fayetteville Staff Review Form 2018-0313 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 6/6/2018 Submitted By Submitted Date Action Recommendation: WATER SEWER (720) Division / Department Staff recommends the approval of Change Order No. 1 to the contract with Goodwin & Goodwin, Inc. to delay the notice to proceed date on the Dinsmore Trail waterline replacement project. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ Does item have a cost? NA Item Cost $ Budget Adjustment Attached? NA Budget Adjustment $ Remaining Budget j $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # 83-18 Change Order Number: Approval Date: U - ID- 19 Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: June 6, 2018 STAFF MEMO SUBJECT: Dinsmore Trail water main replacement. Approval and signature for the attached (no cost) Change Order No. 1 to the construction contract with Goodwin and Goodwin. RECOMMENDATION: Fayetteville City Staff requests the approval and Mayor's signature for Change Order no. 1 to the construction contract with Goodwin and Goodwin. The attached Change Order no. 1 will adjust the contract specified dates for the Notice To Proceed. BACKGROUND The Dinsmore Trail water main replacement (Bid 18-17) was approved by the City Council by Resolution 83-18 on 4/3/2018. Contract Specification Section 00700 Article 2.03 A requires that the City issue the Notice To Proceed, and thus start the contract time, no later than 30 days after the Effective Date (date of approval). Delays including submittal of proper insurance certificates has delayed the date of the Notice To Proceed. DISCUSSION: To clarify and avoid any possibility of a delays claim, the attached no cost change order is requested. Future construction contracts will include language for additional time to issue the Notice To Proceed as directed by the Owner. BUDGET/STAFF IMPACT: None. Attachments: Proposed Change Order No. 1 with Goodwin and Goodwin for the Dinsmore Trail water main replacement. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CY\,OLSSON (9) ASSOCIATES Date of Issuance: May 21, 2018 Project: Construction — Dinsmore Trail Water Main Replacement Contract: 018-0029 Contractor: Goodwin and Goodwin CHANGE ORDER Effective Date: May 21. 2018 City of Fayetteville, Arkansas No. 1 srs Contract No.: 18-17 of Contract: May leers Project No.: 018-0029 The Contract Documents are modified as follows upon execution of this Change Order: Description: Amendment of Contract Language in Document 00200— instructions to Bidders and Document 00700— General Conditions To amend the limitation of days for allowed for holding a Preconstruction Conference and for issuance of the Notice to Proceed, Attachments: (List documents supporting change): Attachment A — Change Order No. 1 (Project 018-0029) LHANGE IN CONTRACT PRICE Original Contract Price: $ 292.955.00 [Increase] [Decrease] from previously approved Change Orders No. _ to No. $NA Contract Price prior to this Change Order: $ 292.955.00 [Increase] [Decrease] of this Change Order: $ N/A Contract Price incorporating this Change Order: $ 292.955.00 R COM ED: By: —C � By: Engineer (Authorized Signature) wni CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Times: Substantial Completion (days or date): 150 days Ready for Final Payment (days or date): 180 da s [Increase] [Decrease] from previously approved Change Orders No. _ to No. Substantial Completion (days or date): N/A Ready for Final Payment (days or date): N/A Contract Times prior to this Change Order: Substantial Completion (days or date): 150 days Ready for Final Payment (days or date): 180 days [Increase] [Decrease] of this Change Order: Substantial Completion (days or date): NLA Ready for Final Payment (days or date): N/A Contract Times with all approved Change Orders: Substantial Completion (days or date): 150 days Ready for Final Payment (days or date): 180 days ;AC CE ACCl;PTED: r (Aut Signature) Contractor (Authorized Title: Project Manager Title MayO�� J — Title: rre'ecf Date: May 21, 2018 Date U, - a -Y Date: 2/ Approved by Funding Agency (if applicable): City of Fayetteville FJCDC' C-941, Change order, Adapted. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 2 By: OAFIEL[ Fide: Mayor RSIONSIC-941 Change Order 2013.doc Date: b- la- 1R EICDC' C-941, Change Order, Adapted. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 2 of 2 Attachment A CHANGE ORDER NO. 1 Construction — Dinsmore Trail Water Main Replacement City of Fayetteville Bid # 18-17 MWY Olsson Project No. 018-0029 May 21, 2018 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: CONTRACT DOCUMENTS DOCUMENT 00200—INSTRUCTIONS TO E IDDEHS ARTICLE 6 —SIGNING OF AGREEMENT, paragraph 6.2, Replace the existing paragraph with the following: "Within 30 days thereafter, Contractor (Successful Bidder) shall sign all copies of the Agreement dating the Agreement and required documents the Date of City Council Approval, insert the properly executed Bonds, power of attorney documents, and other required documents in the appropriate places, and deliver all copies to Owner." ARTICLE 6— SIGNING OF AGREEMENT, paragraph 6.3, Replace the existing paragraph with the following: "Within 30 days thereafter, Owner will execute all copies of the Agreement. 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." D0CUK-1 NT 00700 - CSI: NERAL CONDITIONS ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.03A, Replace the existing paragraph with the following: - "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 60 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the 1051h day after the day of Bid opening or the 60th day after the Effective Date of the Agreement, whichever date is earlier." ■ ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.05B, Delete paragraph B in its entirety. • ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.06A, Replace the existing paragraph with the following: "Within 60 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, at a minimum, the Construction Progress Schedule and submission requirements thereof, procedures for handling Submittals, processing Applications for Payment, and to establish a working understanding among the parties as to the Work." Tim Nyander Submitted By GOODWIN & GOODWIN, INC.- Change Order #1- DINSMORE TRAIL WATERLINE REPLACEMENT PROJECT City of Fayetteville Staff Review Form 2018-0313 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/6/2018 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Change Order No. 1 to the contract with Goodwin & Goodwin, Inc. to delay the notice to proceed date on the Dinsmore Trail waterline replacement project. Original Contract Number: Comments: Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget I $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # 83-18 Change Order Number: Approval Date: � - ID- 19 Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: June 6, 2018 STAFF MEMO SUBJECT: Dinsmore Trail water main replacement. Approval and signature for the attached (no cost) Change Order No. 1 to the construction contract with Goodwin and Goodwin. RECOMMENDATION: Fayetteville City Staff requests the approval and Mayor's signature for Change Order no. 1 to the construction contract with Goodwin and Goodwin. The attached Change Order no. 1 will adjust the contract specified dates for the Notice To Proceed. BACKGROUND The Dinsmore Trail water main replacement (Bid 18-17) was approved by the City Council by Resolution 83-18 on 4/3/2018. Contract Specification Section 00700 Article 2.03 A requires that the City issue the Notice To Proceed, and thus start the contract time, no later than 30 days after the Effective Date (date of approval). Delays including submittal of proper insurance certificates has delayed the date of the Notice To Proceed. DISCUSSION: To clarify and avoid any possibility of a delays claim, the attached no cost change order is requested. Future construction contracts will include language for additional time to issue the Notice To Proceed as directed by the Owner. BUDGET/STAFF IMPACT: None. Attachments: Proposed Change Order No. 1 with Goodwin and Goodwin for the Dinsmore Trail water main replacement. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 C>\,OLSSON. CHANGE ORDER ASSOCIATES NO. 1 Date of Issuance: May 21, 2018 Effective Date: May 21, 2018 -,--••-••����,.� - vmsowro ran water main Replacement ' IOwner.. City of Fayetteville, Arkansas Contract: 018-0029 Uontractor. Goodwin and Goodwin Contract No.: 18-17 or Contract: May No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Amendment of Contract Language in Document 00200- Instruct/ons to Bidders and Document 00700- General Conditions To amend the limitation of days for allowed for holding a Preconstruction Conference and for issuance of the Notice to Proceed. Attachments: (List documents supporting change): Attachment A - Change Order No. 1 (Project 018-0029) I-MANUE IN CONTRACT PRICE Original Contract Price: $ 292.955.00 tincreasej [Decrease] from previously approved Change Orders No. _ to No. _ $NA Contract Price prior to this Change Order: $ 292.955.00 [Increase] [Decrease] of this Change Order: $ N/A Contract Price incorporating this Change Order: $_292.955.00 RECOMMENDED: By: �/ By: Engineer (Authorized Signature) CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Times: Substantial Completion (days or date): 150 days Ready for Final Payment (days or date): 180 days [Increase] [Decrease] from previously approved Change Orders No. _ to No. Substantial Completion (days or date): N/A Ready for Final Payment (days or date): N/A Contract Times prior to this Change Order: Substantial Completion (days or date): 150 days Ready for Final Payment (days or date): 180 days [Increase] [Decrease] of this Change Order: Substantial Completion (days or date): N/A Ready for Final Payment (days or date): N/A Contract Times with all approved Change Orders: Substantial Completion (days or date): _150 days A Ready for Final Payment (days or date): _180 days ACCEPTED: ..... By: Signature) Contractor(Authorized Title: Project Manager Title Mayo Title: Date: May 21, 2018 Date - a " Date: 2/ Approved by Funding Agency (if applicable): City of Fayetteville EJCDC' C-941, Change Order, Adapted. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 2 By: 0:1FlE1IO rtle: Mayor RSIONS\C•941 Change Order 2013.doc Date: b- _ la _ 19 EJCDC' G941, Change Order, Adapted. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Paee 2 of 2 Attachment A CHANGE ORDER NO. 1 Construction — Dinsmore Trail Water Main Replacement City of Fayetteville Bid # 18-17 MWY Olsson Project No. 018-0029 May 21,.2018 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: .CONTRACT DOCUMENTS DOCUMENT.00200 — INSTRUCTIONS TO VDIDERS. ARTICLE 6 — SIGNING OF AGREEMENT, paragraph 6.2, Replace the existing paragraph with the following: "Within 30 days thereafter, Contractor (Successful Bidder) shall sign all copies of the Agreement dating the Agreement and required documents the Date of City Council Approval, insert the properly executed Bonds, power of attorney documents, and other required documents in the appropriate places, and deliver all copies to Owner." ARTICLE 6—SIGNING OF AGREEMENT, paragraph 6.3, Replace the existing paragraph with the following: "Within 30 days thereafter, Owner will execute all copies of the Agreement. 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." DOCUM ENT:0.0700 — GENERAL CONDITIONS ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.03A, Replace the existing paragraph with the following: "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 60 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the 105" day after the, day of Bid opening or the 60`" day after the Effective Date of the Agreement, whichever date is earlier." • ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.05B, Delete paragraph B in its entirety. • ARTICLE 2 — PRELIMINARY MATTERS, paragraph 2.06A, Replace the existing paragraph with the following: "Within 60 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, at a minimum, the Construction Progress Schedule and submission requirements thereof, procedures for handling Submittals, processing Applications for Payment, and to establish a working understanding among the parties as to the Work." GOOD&GO-02 LINDA "ACORO DATE (MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE FE(MM/D fY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on Chic rartifirnta rinoc not rnnfer rinhtc to tha rartifirata hnirfar in lien of curh anrinrcement/sl_ PRODUCER BHC Insurance 5500 Euper Lane P.O. Box 3529 Fort Smith, AR 72913-3529 INSURED Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903-1787 CON NAMTAE•CT Linda E. Thomas (AJC, N1 , Ext: (479) 452-4000 117 A/c, No :(479) 484-5185 E DRE :lindathomas bhca.com GENERAL AGGREGATE INSURERS AFFORDING COVERAGE NAIC M INSURER A: Cincinnati Insurance Company 10677 INSURER B: Cincinnati Indemnity Company 10677 INSURERC: INSURER D: INSURER E INSURER F: $ 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS ILTIR INSD WVDMM/DD / A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR EPP0541131 8/6/2019 8/6/2020 DAMAGE To RENTED 500,000 X I X PRE I occurrence)$ L AGGREGATE LIMIT APPL IES PER POLICY JEC r " LOC A AUTOMOBILE LIABILITY IX ANY AUTO OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB EXCESS LIAB X X EPA 0541131 SCHEDULED AUTOS AUTO ED K OCCUR CLAIMS -MADE X X IEPP 0541131 DED I ll I RETENTION $ �+ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE X EWC 0450861 fYlFa CE /MdoryEM NE) EXCLUDED? N/A If yes, describe under on 0541131 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Installation Floater - $500 Deductible applies J 18-17, Construction Contract - Dinsmore Trail Water Main Replacement y of Fayetteville, Owner, and McGoodwin, Williams and Yates, Engineer, shall be included as an Additional Insured by endorsement GA233 (02/07) on the neral Liability policy and by AA4171 (11/05) on the Automobile where required by written contract. Umbrella policy follows form; Coverage shall be primary d non-contributory with respect any other insurance or self-insurance programs afforded to City of Fayetteville where required by written contract. Waiver Subrogation applies in favor of City of Fayetteville, Owner, on all policies where required by written contract. Thirty Days' Notice of Cancellation except ten E ATTACHED ACORD 101 CERTIFICATE HOLDER City of Fayetteville, Owner 113 West Mountain Street Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0�. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERSONAL & ADV INJURY $ 1 GENERAL AGGREGATE $ 2 PRODUCTS - COMP/OP AGG $ 2 COMBINED SINGLE LIMIT(Ea accidentl $ 1 BODILY INJURY Perperson) $ 8/6/2019 8/6/2020 BODILY INJURY Per accident $ PPe�acEIR-ZDAMAGE $ EACH OCCURRENCE $ 5 8/6/2019 8/6/2020 AGGREGATE $ 5 X PER OTH- 8/6/2019 8/6/2020 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 8/6/201 1 3 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Installation Floater - $500 Deductible applies J 18-17, Construction Contract - Dinsmore Trail Water Main Replacement y of Fayetteville, Owner, and McGoodwin, Williams and Yates, Engineer, shall be included as an Additional Insured by endorsement GA233 (02/07) on the neral Liability policy and by AA4171 (11/05) on the Automobile where required by written contract. Umbrella policy follows form; Coverage shall be primary d non-contributory with respect any other insurance or self-insurance programs afforded to City of Fayetteville where required by written contract. Waiver Subrogation applies in favor of City of Fayetteville, Owner, on all policies where required by written contract. Thirty Days' Notice of Cancellation except ten E ATTACHED ACORD 101 CERTIFICATE HOLDER City of Fayetteville, Owner 113 West Mountain Street Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0�. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO AGENCY BHC Insurance POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 AGENCY CUSTOMER ID: GOOD&GO-02 LOC #: 1 ADDITIONAL REMARKS SCHEDULE NAMED INSURED Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903-1787 iSebastian NAIC CODE SEE P 1 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance LINDA Page 1 of 1 Description of Operations/Locations/Vehicles: days for non-payment of premium will be provided in favor of City of Fayetteville in the event of cancellation, non -renewal and/or impairment of the Contractor's policies. Workers Compensation Form WC000308 - Partners, Officers and Others Exclusion Endorsement applies to Bryan Goodwin. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement- Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure To Disclose Hazards.............................................................................9 3. Damage To Premises Rented To You......................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments................................................................................................................... 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10 7. Waiver Of Subrogation........................................................................................................... 11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services................................................................................................................................... 15 11. Broadened Notice Of Occurrence......................................................................................... 15 12. Nonowned Aircraft.................................................................................................................. 15 13. Bodily Injury Redefined.......................................................................................................... 15 14. Expected Or Intended Injury Redefined............................................................................... 15 15. Former Employees As Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage.................................................................................................................................. 16 17. Broadened Contractual Liability - Work Within 50' Of Railroad Property ......................... 17 18. Alienated Premises................................................................................................................. 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500.000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $ 2,500 Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 1 of 17 b. Loss Of Earnings: $ 500 S. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 2 of 17 PREMIUM BASIS RATE ADVANCE PREMIUM COVERAGE (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e) Other b. Care, Custody Or $ Control TOTAL ANNUAL PREMIUM Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided: 1. Employee Benefit Liability Coverage a. The followingis added to Section I - a) You did not have knowledge of a Coverages: claim or "suit" on or Employee Benefit Liability Cover- before the "first ef- age fective date" of this endorsement. (1) Insuring Agreement You will be (a) We will pay those sums that deemed to have the insured becomes legally knowledge of a obligated to pay as damag- claim or "suit" es caused by any act, error when any "author - or omission of the insured, ized representa- or of any other person for tive"; whose acts the insured is i) Reports all, or legally liable, to which this insurance applies. We will any part, the have the right and duty to act, errorr or defend the insured against omission to us any "suit" seeking those any other damages. However, we will in insurer; have no duty to defend ii) Receives a against any "suit" seeking written or ver - damages to which this in- bal demand or surance does not apply. We claim for dam - may, at our discretion, in- ages because vestigate any report of an of the act, Br- act, error or omission and ror or omis- settle any claim or "suit" that sion, and may result. But: b) There is no other 1) The amount we will pay applicable insur- for damages is limited ance. as described in Section III - Limits Of Insur- (2) Exclusions ante; and This insurance does not apply to: 2) Our right and duty to defend ends when we (a) Bodily Injury, Property have used up the appli- Damage Or Personal And cable limit of insurance Advertising Injury in the payment of judg- 'Bodily injury", "property ments or settlements. damage" or "personal and No other obligation or liabil- advertising injury". ity to pay sums or perform (b) Dishonest, Fraudulent, acts or services is covered Criminal Or Malicious Act unless explicitly provided for under Supplementary Damages arising out of any Payments. intentional, dishonest, fraudulent, criminal or mali- (b) This insurance applies to cious act, error or omission, damages only if the act, er- ama g y committed by any insured, ror or omission, is negligent- including the willful or reck- ly committed in the "admin- less violation of any statute. istration" of your "employee benefit program"; and (c) Failure To Perform A Con - tract 1) Occurs during the policy period; or Damages arising out of fail- ure of performance of con- prior A tract by any insurer. "first effective date" of Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 3 of 17 GA 233 09 17 (d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties Damages arising out of an Taxes, fines or penalties, in - insufficiency of funds to cluding those imposed un - meet any obligations under der the Internal Revenue any plan included in the Code or any similar state or "employee benefit program". local law. (e) Inadequacy Of Perfor- (j) Employment -Related Prac- mance Of Invest- tices ment/Advice Given With Any liability arising out of Respect To Participation any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3) above. (f) Workers' Compensation This exclusion applies And Similar Laws whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A And B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia - hereafter amended, or by bility Coverage, Section II - Who Is any similar federal, state or An Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- ture, you are an insured. Your members, your part - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 ners, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of your business. (a) Is afforded only until the 180th day after you acquire (c) A limited liability company, or form the organization or you are an insured. Your the end of the policy period, members are also insureds, whichever is earlier; and but only with respect to the conduct of your business. (b) Does not apply to any act, Your managers are in- error or omission that was committed before you ac - sureds, but only with respect to their duties as your man- quired or formed the organi- agers. zation. (d) An organization other than a c. Limits Of Insurance partnership, joint venture or As respects Employee Benefit Lia - limited liability company, you bility Coverage, Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with respect to their duties as (1) The Limits of Insurance shown in your officers or directors. Section B. Limits Of Insurance, Your stockholders are also 1. Employee Benefit Liability insureds, but only with re- Coverage and the rules below fix spect to their liability as the most we will pay regardless stockholders. of the number of: (e) A trust, you are an insured. (a) Insureds; Your trustees are also in- sureds, but only with respect (b) Claims made or "suits" to their duties as trustees. brought; (2) Each of the following is also an (c) Persons or organizations insured: making claims or bringing "suits"; (a) Each of your "employees" who is or was authorized to (d) Acts, errors or omissions; or administer your "employee (e) Benefits included in your benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- Section B. Limits Of Insurance, er temporary authorization 1. Employee Benefit Liability to administer your "employ- Coverage of this endorsement is ee benefit program" if you the most we will pay for all dam - die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your (c) Your legal representative if "employee benefit program". you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of (3) Any organization you newly ac- this endorsement is the most we quire or form, other than a part- will pay for all damages sus- nership, joint venture or limited tained by any one "employee", liability company, and over which including damages sustained by you maintain ownership or major- such "employee's" dependents ity interest, will qualify as a and beneficiaries, as a result of: Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 5 of 17 (b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program". As respects Employee Benefit Lia- bility Coverage, Section IV - Com - However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties In The Event Of to the payment of benefits in any Occurrence, Offense, Claim Or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties In The Event Of An (4) Deductible Amount Act, Error Or Omission, Or Claim Or Suit (a) Our obligation to pay dam- a. You must see to it that ages on behalf of the in- a sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in - plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re - Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 6 of 17 ceived in connec- tion by equal shares, tion with the claim we will follow this meth - or "suit"; od also. Under this ap- under this Coverage Part, proach each insurer (2) Authorize us to ob- contributes equal tain records and amounts until it has other information; paid its applicable limit (3) Cooperate with us of insurance or none of in the investigation the loss remains, or settlement of the whichever comes first. claim or defense If any of the other in - against the "suit"; surance does not permit and contribution by equal (4) Assist us, upon our shares, we will contrib- request, in the en- ute by limits. Under this forcement of any method, each insurer's right against any share is based on the person or organi- ratio of its applicable zation which may limit of insurance to the be liable to the in- total applicable limits of sured because of insurance of all insur- an act, error or ers. omission to which c. No Coverage this insurance may ployee's" participation in also apply. This insurance shall not cover any loss for which d. No insured will, except the insured is entitled to at that insured's own recovery under any cost, voluntarily make a other insurance in force payment, assume any previous to the effective obligation, or incur any date of this Coverage expense without our Part. consent. e. Additional Definitions (2) Item S. Other Insurance is re- placed by the following: As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: If other valid and collectible (1) The following definitions are insurance is available to the added: insured for a loss we cover under this Coverage Part, 1. "Administration" means: our obligations are limited as follows: a. Providing information to "employees", including a. Primary Insurance their dependents and beneficiaries, with re - This insurance is prima- sto eligibility for or ry except when c. below scope of employee applies. If this insurance benefit programs"; is primary, our obliga- tions are not affected b. Interpreting the "em - unless any of the other ployee benefit pro - insurance is also prima- grams"; ry. Then, we will share with all that other insur- c. Handling records in ante by the method de- connection with the scribed in b. below. "employee benefit pro- grams"; or b. Method Of Sharing d. Effecting, continuing or If all of the other insur- terminating any "em- ance permits contribu- ployee's" participation in Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduc- ing buy and sell pro - tions; or grams; leave of ab - b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4, "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- t. "Cafeteria plans" means newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de - to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8, "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab - following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo - a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed - insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in - counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- ards rosion, decay, de- terioration, hidden Section IV - Commercial General Liabil- or latent defect or ity Conditions, 7. Representations is any quality in amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused by centrif- 3. Damage To Premises Rented To You ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or infesta- Exclusions c. through do notapply g q pp y tion, or discharge to "property damage" by fire, explo- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage To Premises Rented To 7) Presence, growth, You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac- tivityof fungus, in - b. The insurance p under Sec- cluding mold or cludi tion I - Coverage A - Bodily Injury mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (i i) Water that backs up or added: overflows or is other- wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (ii) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1) Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: GA 233 09 17 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Premises Rented To You of this endorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A And B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, S. Medical Pay- ments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 17 you acquire or form the organization use of that part of the prem- or the end of the policy period, ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV - Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any "occurrence" which amended by the addition of the following: takes place after you cease to be a tenant in We waive any right of recovery we may that premises; have against any person or organization against whom you have agreed to waive (ii) Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be- your ongoing operations or "your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and included in the "products-completed oper- (b) Lessor Of Leased Equip- ations hazard". However, our rights may ment only be waived prior to the "occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. At our re- tion(s) have agreed per Par- quest, the insured will bring "suit" or trans- agraph 8.a.(1) of this en- fer those rights to us and help us enforce dorsement to provide insur- those rights. ance. Such person(s) or or- 8. Automatic Additional Insured - Speci- ganization(s) are insureds fled Relationships only with respect to liability "property for "bodily injury", a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury" caused, in whole or in part, by your An person(s) or organization(s) (1) y P 9 maintenance, operation or described in Paragraph 8.a.(2) of use of equipment leased to this endorsement (hereinafter re- you by such person(s) or or- ferred to as additional insured) ganization(s). A person's or whom you are required to add as organization's status as an an additional insured under this additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- ganizations are additional in- ply to any "occurrence" sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on- Paragraph 8.a.(1) of this en- ly with respect to "bodily in- dorsement to provide insur- jury" or "property damage" ance, but only with respect arising out of "your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 11 of 17 vendor's business, subject or repair opera - to the following additional tions, except such exclusions: operations per- formed at the ven- (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury" or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its own acts or omis- 2) Any express war- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How - chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor; tions contained 4) Repackaging, ex- in Paragraphs cept when un- (c) (i) 4) or 6) packed solely for of this en - the purpose of in- dorsement; or spection, demon- b) Such inspec- stration, testing, or tions, adjust - the substitution of ments, tests or parts under in- servicing as structions from the the vendor has manufacturer, and agreed to then repackaged in make or nor - the original con- mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distri- to make or normal- bution or sale ly undertakes to of the prod - make in the usual ucts. course of busi- This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6 Demonstration, in- such products, or stallation, servicing any ingredient, part Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 12 of 17 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re - completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re - been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural (d) State Or Governmental alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - performed by or for that per - Permits Or Authorizations son or organization. Relating To Premises (3) The insurance afforded to addi- Any state or governmental tional insureds described in Par - agency or subdivision or po- agraph 8.a.(1) of this endorse- litical subdivision with which ment: you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsement to provide insur- permitted by law; and ance, subject to the follow- ing additional provision: (b) Will not be broader than that which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro - or governmental agency or vide for such additional in - subdivision or political sub- sured; and division has issued a permit or authorization in connec- (c) Does not apply to any per - tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (i) The existence, mainte- named as an additional in- nance, repair, construc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford - similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 13 of 17 in Paragraph 8.a.(1) of this en- dorsement: or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance: and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one 'occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 14 of 17 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II - Who Is An Insured: Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 09 17 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: 1) The "property damage" takes place in the "cov- erage territory"; and (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury And Property Damage Liability, 2. Exclusions, except for j. Damage To Property, par- agraphs (3), (4), (5) and (6), k. Damage To Your Product, and I. Damage To Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody Or Control Lia- bility Coverage provides cover - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 age shall be deemed to be (3) The Voluntary Property Dam - caused by an "occurrence" but age Coverage, Aggregate Limit shall not serve to limit or restrict Of Insurance is the most we will the applicability of any exclusion pay for the sum of all damages for "property damage" under this under Voluntary Property Coverage Part. Damage Coverage. This limit applies separately to each "cov- c. Limits Of Insurance And Deducti- erage term". bles (4) Deductible Clause For purposes of the coverage provid- ed by Voluntary Property Damage (a) Our obligation to pay dam - Coverage and Care, Custody Or ages on your behalf applies Control Liability Coverage, Section only to the amount of dam - III - Limits Of Insurance is amended ages for each "occurrence" to include the following: which are in excess of the Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage the Declarations are replaced by in the Schedule. The limits the limits designated in Section of insurance will not be re - B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount. Coverage And Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement. These limits General Liability Condi- are inclusive of, and not in addi- tions, 2. Duties In The tion to, the limits being replaced. Event Of Occurrence, Of - The Limits of Insurance shown in fense, Claim Or Suit, ap- the Schedule fix the most we will plies to each claim or "suit" pay regardless of the number of: irrespective of the amount. (a) Insureds; (c) We may pay any part or all of the Deductible Amount to (b) Claims made or "suits" effect settlement of any brought; or claim or "suit" and, upon no - (c) Persons or organizations tification of the action taken, making claims or bringing you shall promptly reim- "suits". burse us for such part of the Deductible Amount as has (2) (a) Subject to (3) below, the been paid by us. Voluntary Property Dam- age Coverage, Each Occur- 17. Broadened Contractual Liability - Work rence Limit Of Insurance is Within 50' Of Railroad Property the most we will pay for the Section V - Definitions, 12. "Insured con - sum of damages under Vol- tract" is amended as follows: untary Property Damage Coverage; a. Paragraph c. is replaced by the fol - lowing: (b) The Care, Custody Or Con - trol Liability Coverage, c. Any easement or license agree - Each Occurrence Limit Of ment; Insurance is the most we will pay for the sum of damages b. Paragraph f.(1) is deleted in its entire - under Care, Custody Or ty. Control Liability Coverage; 18. Alienated Premises because of all "property damage" Exclusion 2.j. Damage to Property, arising out of any one occur- Paragraph (2) under Section I - Cover- rence". age A - Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 17 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 08-06-2019 EPA 054 11 Named Insured: 31 GOODWIN & GOODWIN INC Countersigned by: presentative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05