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HomeMy WebLinkAbout35-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 35-22 File Number: 2022-0037 BID #21-50 FLOW STATE TANGLEWOOD BRANCH RESTORATION: A RESOLUTION TO AWARD BID #21-50 AND AUTHORIZE A CONTRACT WITH FLOW STATE, LLC IN THE AMOUNT OF $453,922.00 FOR TANGLEWOOD BRANCH RESTORATION IN THE LOWER RAMBLE, AND TO APPROVE A BUDGET ADJUSTMENT 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 #21-50 and authorizes Mayor Jordan to sign a contract with Flow State, LLC in the amount of $453,922.00 for Tanglewood Branch Restoration in the Lower Ramble. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 2/l/2022 Attest: 4 �• G\I Y ff' � FAYE�FYrIL�E ; Kara Paxton, City Clerk Treasurer Sp "i"i�N i i I►i, Page 1 Printed on 2/2/22 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0037 Agenda Date: 2/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.13 BID #21-50 FLOW STATE TANGLEWOOD BRANCH RESTORATION: A RESOLUTION TO AWARD BID #21-50 AND AUTHORIZE A CONTRACT WITH FLOW STATE, LLC IN THE AMOUNT OF $453,922.00 FOR TANGLEWOOD BRANCH RESTORATION IN THE LOWER RAMBLE, AND TO APPROVE A BUDGET ADJUSTMENT 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 #21-50 and authorizes Mayor Jordan to sign a contract with Flow State, LLC in the amount of $453,922.00 for Tanglewood Branch Restoration in the Lower Ramble. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 21212022 City of Fayetteville Staff Review Form 2022-0037 Legistar File ID 2/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Peter Nierengarten 1/14/2022 SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Action Recommendation: Division / Department Approval of a Construction Contract with Flow State for Tanglewood Branch Restoration in the Lower Ramble for a not to exceed amount of $453,922 and approval of a budget adjustment. Budget Impact: 4608.860.7800-5804.00 / 4604.860.7800-5804.00 Arts Corridor 2019 Bonds 4601.860.7426-5817.00 / 4601.860.7800-5804.00 Drainage Projects 2019 Bonds Bond Program Grant Matching Account Number Fund 46080.7800 46040.7800 46040.7426 Project Number Budgeted Item? Yes Arts Corridor 2019 Bonds - Arts Corridor Improvements Drainage Projects 2019 Bonds - Arts Corridor Improvements Bond Program Grant Matching - Stream Restoration EPA Grant Project Title Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget $ 4,007,823.00 $ 3,564,399.28 $ 443,423.72 $ 453,922.00 $ 30,220.00 $ 19,721.72 V20210527 Previous Ordinance or Resolution # 59-20 & 155-20 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: January 14, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a Construction Contract with Flow State for Tanglewood Branch Restoration in the Lower Ramble for a not to exceed amount of $453,922 and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a resolution authorizing the Mayor to sign a construction contract with Flow State for Tanglewood Branch Restoration in the Lower Ramble for a not to exceed amount of $453,922 and approval of a budget adjustment. BACKGROUND: The Ramble is a new 50-acre outdoor public corridor that will help to revitalize Fayetteville's downtown area and create a destination for residents and visitors. Linking the City's key cultural institutions —including the Walton Arts Center, TheatreSquared, Nadine Baum Studios, Fayetteville Public Library, and the University of Arkansas' Art and Design District —the corridor will showcase and celebrate local arts culture. It will also enhance civic space and serve as a catalyst for additional development and density in the downtown area, increasing bike trails and connections, and improving streets and walkability. This project is part of the Cultural Arts Corridor Bond package approved by Fayetteville voters in April 2019. Construction on the Lower Ramble in the Fay Jones Woods and along the southern portions of West Avenue and the Razorback Greenway began in September 2020 and will be completed by the City's primary contractor in the Spring of 2022. Part of the construction work that was not included in the primary contract is the highly specialized stream restoration work along Tanglewood Branch within the Lower Ramble. Tanglewood Branch is a tributary to the West Fork of the White River and is likely the most urbanized sub -watershed in Beaver Lake drainage area. The City, in partnership with the Watershed Conservation Resource Center (WCRC), was successful in being awarded an EPA Region 6 Wetlands Development Program grant in the amount of $217,702 in 2019 to help partially fund this stream restoration work. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The Tanglewood Branch restoration project will emphasize nature -based channel design solutions, native materials and ecoregion-based vegetation establishment to restore the health of the entire riparian corridor. The work will consist of: • 1100 Linear Feet of Primary Channel Improvements along Tanglewood Branch • 350 Linear Feet of Ephemeral Stream Channel Improvements along a Tributary to Tanglewood Branch • Erosion Control and Bank Stabilization Riparian Replanting Utilizing Native Trees and Plants Aquatic Habitat Improvement The stream restoration and riparian improvement work will serve to support the larger sustainability and stormwater objectives of the Ramble project. A healthy stream and riparian buffer will support wildlife and improve water quality and create a unique opportunity for the site to serve as an education tool on the native riparian and woodland vegetation of the Ozark Mountains. The project will demonstrate several newly developed stream restoration techniques that will restore natural ecosystem services to this heavily urbanized area. The construction work is schedule to take approximately 2 months and be completed by April 2022 in tandem with the primary contractor's work within the Lower Ramble. BUDGET/STAFF IMPACT: The cost for the construction contract is $453,922, with funding for the restoration work coming from the 2019 Cultural Arts Corridor and Drainage Bonds, and the EPA Region 6 Grant. The budget breakout is shown in the table below: Account Project Amount 4601.860.7426-5817.00 - Improvements Bridge & Drainage 46040.7426 195,000 4604.860.7800-5804.00 - Building Costs 46040.7800 40,500 4601.860.7800-5804.00 - Building Costs 46080.7800 188,202 4608.860.7800-5804.00 - Building Costs 46080.7800 30,220 TOTAL 453,922 Attachments: Agreement for Construction of Tanglewood Branch Restoration Budget Adjustment CITY OF FAYETTEVILLE ARKANSAS AGREEMENT FOR CONSTRUCTION OF BID 21-50, CONSTRUCTION -TANGLEWOOD BRANCH RESTORATION BETWEEN CITY OF FAYETTEVILLE (OWNER) AND FLOW STATE, LLC (CONTRACTOR / VENDOR) THIS AGREEMENT is made this — day of 1' Y1�[0, , 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter callid CITY OF FAYETTEVILLE or CITY) and FLOW STATE, LLC (Vendor or Flow State). CONTRACTED PARTIES & ADDRESSES FOR NOTICES: Owner: City of Fayetteville, AR 113 W. Mountain Fayetteville, AR 72701 Notices, Attention: Lioneld Jordan Contractor: Flow State, LLC 6EElm St. Fayetteville, AR 72703 Notices, Attention: John Chapman Tax identification number (TIN) ending in 9123 Arkansas Contractor License No. 0421220323 Secretary of State Filing No. 811266407 ENTIRE AGREEMENT AND EXHIBITS: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. Appendices included under this agreement include the following: a. Appendix A: Bid package identified as Bid 21-50, Construction—Tanglewood Branch Restoration with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and issued addenda. b. Appendix B: Flow State, LLC bid submittal c. Appendix C: Bid 21-50, Bid Tabulation d. Appendix D: Flow State Certificate of Insurance CITY OF _ FAYETTEVILLE ARKANSAS AGREEMENT FOR CONSTRUCTION: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RESTORATION OF APPROXIMATELY 1200 FT SECTION OF TANGLEWOOD BRANCH AND ITS UNNAMED TRIBUTARY TO THE SOUTHEAST THAT WILL REDUCE STREAMBANK EROSION AND IMPROVE AQUATIC AND TERRESTRIAL HABITAT. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Work includes building stacked rock walls, reinforcing existing historic walls, removing construction debris and a debris iam, installing boulder riffle grade control structures, and creating step pools. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Watershed Conservation Resource Center 3.02 The Owner has retained Watershed Conservation Resource Center ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final paymentas stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 days after the date when the Contract Times commence torun. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, p us any extensions thereof allowed in accordance with e Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a CITY OF _ FAYETTEVILLE ARKANSAS legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 250 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 3.02.A above for Substantial Completion until the Work is substantially complete. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of $453,922.00 US Dollars in accordance with unit pricing provided in Appendix C— Bid Tabulation. B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage).; and CITY OF _ FAYETTEVILLE ARKANSAS b. 100 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). C. Retainage shall be 5% of the earned progress payments per Arkansas Code 22-9- 604. B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 0 percent perannum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, CITY OF _ FAYETTEVILLE ARKANSAS within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. 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. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Current Section, inclusive of all Appendices). 2. Performance bond (Section: Performance Bond, inclusive). 3. Payment bond (Section: Payment Bond, inclusive). 4. Other bonds. a. Maintenance and Warranty Bond (to be provided following Substantial Completion) (If required). 5. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. Wis ARTICLE 10 — MISCELLANEOUS 10.01 Terms CITY OF FAYETTEVILLE ARKANSAS A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knnwledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and CITY OF FAYETTEV i LLE ARKANSAS 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and VENDOR NAME by its authorized officer have m2ie and executed this Agreement as of the day and year first above written. CITY OF FAYM-EVILLrY, ARKANSAS FLOW STATE, LLC By: By: Lion d J rdan, ay 40 � kaprnan, Owner ATTEST: :~C' •'��T o fiti By: FAY" I1 EVILLE ; Kara Paxton, City Clerk it Date Signed: _ �� ZZ_ - - __ — lot tgt igned: CONTRACTOR (name and address): Flow State, LLC 6 E Elm Street, Fayetteville, AR 72703 OWNER (name and address): City of Fayetteville, AR 113 W. Mountain St, Fayetteville, AR 72702 PERFORMANCE BOND SURETY (name and address of principal placeof business): Great American Insurance Company 301 East 4th Street, Cincinnati, OH 45202 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Four Hundred Fifty Three Thousand Nine Hundred Twenty Two and 00/100 Dollars ($453,922.00) Description (name and location): 21-50 Construction - Tanglewood Branch Restoration BOND Bond Number: 4069699 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Four Hundred Fifty Three Thousand Nine Hundred Twenty Two and 001100 Dollars ($453,922.00) Modifications to this Bond Form: ❑X None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Flow State, LLC (seal) Contractpr!j Name and Corporate Seal By SipKature Print Name 6ItinLIr' Title Attest: Signatu e Title SURETY Great American Insurance Company (seal) Surety's Name and2orpgrate Seal By: Signature (atitilch power of attorney) Laura D. Mosholder Print Name Attorney -in -Fact Title Attest: Sig ature Title Kailee Stone, Witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where appikable. EJCDC® C-610, Performance Bond Copyright 9 2013 National Society of Professional Engineers,AmericanCouncil ofEngineeringCompanies, and American Society of Civil Eng"meers. All rights reserved. 1 of 3 CONTRACTOR (name and address): Flow State, LLC 6 E Elm Street, Fayetteville, AR 72703 OWNER: City of Fayetteville, AR 113 W Mountain St Fayetteville, AR 72702 CONSTRUCTION CONTRACT PAYMENT BOND SURETY (name and address of principal place of business): Great American Insurance Company 301 East 4th Street, Cincinnati, OH 45202 Effective Date of the Agreement: Amount: Four Hundred Fifty Three Thousand Nine Hundred Twenty Two and 00/100 Dollars ($453,922.00) Description (name and location): 21-50 Construction - Tanglewood Branch Restoration BOND Bond Number: 4069699 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Four Hundred Fifty Three Thousand Nine Hundred Twenty Two and 00/100 Dollars ($453,922.00) Modifications to this Bond Form: Q None [J See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Flow State, LLC (seal) Contractor's Name and Corporate Seal By ignature Print Name C) Ot1a"V Title Attest: R� Signat re Title—S Title SURETY Great American Insurance Company (seal) Surety's Name affd Corp ate Seal By: Signature (ottach power of attorney) Laura D. Mosholder Print Name Attorney -in -Fact Title Attest: kt2� Signature Kailee Stone, Witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright Q 2013 Nationa I Society of Professional Engineers,American Councilof Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 CITY OF FAYETTEVILLE ARKANSAS Contract for Bid 21-50 Tanglewood Branch Restoration Appendix A City Bid Package CITY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8289 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 21-50, Construction — Tanglewood Branch Renovations DEADLINE: WEDNESDAY, NOVEMBER 17, 2021 before 2:00 PM, Loc e PRE -BID MEETING: Tuesday, October 26, 2021 at 10:00 / at the jcil� n- ACCEPTABLE DELIVERY METHODS: v �' e) (1) City's electronic bidding platform OR (2) sealed and delivered directly to the City of Fayet ills ins�d in ertisement PURCHASING AGENT: Jonathan Smith onsmit fa ett I -✓ov DATE OF ISSUE & ADVERTISEMENT: SuAI /17 &Q5/2021 No late bids will be accepted. Bids shall be submitted in one d tl Z�foll 'k%Wthods: (1) through the City's third - party electronic bidding platform, Bonfire, Purchasing Division. Submitting through be submitted in accordance with the a Each bidder is required to fill in eve_ as basis of rejection. A O ci o deliverin n rson d envelope to the City of Fayetteville 9i's ele iddin pla rm is strongly encouraged. All bids shall Cit e eville ications and bid documents attached hereto. k an sh pplyr tion requested; failure to do so may be used All interested parties can obtai pfl-of this e ty going to http://fayetteville-ar.gov/bids. Bid documents shall be distributed electronically fAINW41�S Fay e Purchasing Division only. BID PACKAGE INCLUDES T1WHICH SHALL BE LISTED UNDER "PUBLIC FILES": FILE #01: PROJEC M UAL —1 pages FILE #02: DRAWINGS — 25 PI s *Additional files added as addendums are issued. Addendums will be uploaded and posted to the City's electronic bidding platform. *PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City's electronic bidding platform under the projects section titled document takers. Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection. Tele[omrnunications Device For the Deaf TDD (479) 521-T316 11 3 WP' t MOLjr1L31n - Fayetteville, AR 72701 (� o� THIS PAGE INTENTIOrN^�DI�F�L.L** e) 0 � PQ� Telecommunications Device For the Deaf 7DD (479) 521.1316 113 West Mountain - Fayetteville, AR 72701 CITY OF �- FAYETTEVILLE ARI(ANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by makil in -person delivery appointment with the City Purchasing Division. o Upload 5% bid bond to the City's electronic bidding platfor (eferred) OR t id bond with physical submittal and setting up an in -person delivery appointment it th City PJ DivisionD, All addenda shall be signed, acknowledged, and submitted on trap or marking acknowledgement on other bid pages). n F-1All line items shall be appropriately filled out and exte Total base bid should be calculated in the provideF„ All pages provided with signature lines shall be app documents *, All bids shall be received before the s Ciadline sealed bid to the location listed b �>, Ibmiel hp conducted shortly LA Pr thX Fayetteville shall bidders Arkansas Contractor's ��ly `V Iaddendums Ze item 4r&Qwell as the total bid price. W aXdingly, and included with submitted bid =chronic bidding platform or submitting a physical is strongly encouraged. A public bid opening will livestreamed at ar. Late ,L,Aisdirected bids shall not be accepted. The City of misdi�ted bids, or failure of bidder's technical equipment. All bid Lo the address stated in the advertisement or updated deadline issued IIW ? of the bidder (contractor) on the sealed envelope as well as the �7'bf Fayetteville, AR sing Division —Suite 306 �v 113 W. Mountain S% n• Fayetteville, AR 72701 Additional aon`Re �J • List of Subco c . Submit form on electronic bidding portal or attach if submitting a physical bid • AR Secretary o to e iling: or filing number for the state Contractor is established, or submit on th City's electronic bidding platform Arkansas Contractor License# or date of application: electronic bidding platform or submit on the City'sl Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit on City's electronic bidding platform (preferred), OR circle applicable answer: YES or NO (� o� THIS PAGE INTENTIOrN^�DI�F�L.L** e) 0 � PQ� Telecommunications Device For the Deaf 7DD (479) 521.1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville, Arkansas INVITATION TO BID Bid 21-50, Construction —Tanglewood Branch Restoration The City of Fayetteville, AR (owner) is accepting formal, sealed bids from properly qualified, experienced and licensed contractors for furnishing all labor, tools, and equipment needed for the construction of the 'Tanglewood Branch Channel Restoration and Aquatic Habitat Improvement Project', located in Washington County and Fayetteville, Arkansas. The project involves but is not limited to restoring a 1,200 ft section of Tanglewood Branch and its un-named tributary to reduce streambank erosion and improve aquatic and terrestrial habitat. Work includes building stacked rock walls, reinforcing existing historic walls, removing non -natural debris from stream channel, and installing boulder riffle grade control structures. All questions during the bidding process shall be addressed to Jonathan Smith, Sr. Purchasing Agent. A non -mandatory Pre -Bid conference will be held at the jobsite on Tuesday, October 26, 2021 at 10:00 AM. Information regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. terested parties are encouraged to attend. The City will transmit to all prospective Bidders of record such Adden�a ^Nponse to questions arising at the conference. Oral statements may not be relied upon and will not binding or leg jtl� tive. Bidding documents, plans, plan holders, and addenda shall be obtained at th Fayett i I��urchasi ion's electronic bidding platform at www.fa etteville-ar. ov/bids. All bids shall be receiv d b�dne da , ember before 2:00 PM, Y g �(► local time. Bidders may submit a bid by utilizing one of the following o : (1) sub ectr� a the City's electronic bidding portal, (2) by mailing a sealed bid, or (3) submitting a seale b person tacting, to make a bid delivery appointment. Mailed and in person bids shall be made at the Xty Fay Purchas' sion address listed below. Submitting a bid electronically is strongly encouraged. A pubtpenin I@* con rtly after the deadline at City Hall and livestreamed at htt s://www. outube.com/user it ettevill ar. e or mis cted bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdi d bids f re of bjyr's echnical equipment. City of Fa ttP�e ar asing Di `� Room 06 �%�►113 n, a i n V • F eie,A Each bid shall be accompanied by 11ier's the o a bank doi usiness in the State of Arkansas or a corporate bid bond in an amount not less than fi 5 cent of e mount bid. #' the event a bidder opts to submit a cashier's check for a bid bond, the actual physical cas check II a deliveVS44 the City prior to the deadline. A one hundred percent (100%) performance and payment bond is requi I the cpntrict awarded. A State of Arkansas Contractor's License is not required at time of bid; however, an applicati ens i`e required at time of bid and an approved contractor's license shall be required before execution of cont Pursuant to Arkansas Coden d § 0 The City of Fayetteville encourages all qualified small, minority and women business enterprises t b' nd rec%.1� tracts for goods, services, and construction. Also, City of Fayetteville encourages all general contract contra rjions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserve t tt to waive irregularities, reject bids, and postpone the award of any Contract for a period which shall not exceed beyond ety (90) days from the bid opening date. The City hereby notifies all bidders that this contract is subject to the Code of Federal Regulations, Appendix II, Part 200, Contract Provisions for Non -Federal Entity Contracts under Federal Awards applies to this contract and includes but is not limited to termination for cause and for convenience, Equal Employment Opportunity, Davis -Bacon Act, Copeland Anti -Kickback Act, Contract Work Hours and Safety Standards Act, Clean Air Act, Debarment and Suspension regulations, conditions under the Byrd Anti -Lobbying Amendment, applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Act of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply. Bidders are hereby notified of the NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246). All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. City of Fayetteville By: Jonathan Smith City Purchasing Agent P: 479.575.8220 Email: lonsmith@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 10.17.2021 & 10.24.2021 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. CITY OF FAYETTEVILLE i ARKANSAS PRE -BID MEETING INFORMATION BID 21-50, CONSTRUCTION -TANGLEWOOD BRANCH RESTORATION A non -mandatory Pre -Bid conference will be held at the jobsite on Tuesday, October 26, 2021 at 10:00 AM. Information regarding the pre -bid meeting will also be posted on the project page on the City's electronic bidding platform. All interested parties are encouraged to attend. The City will transmit to all prospective Bidde;$§not or such Addenda in response to questions arising at the conference. Oral statements may not relied upon be binding or legally effective. P, v • Pre -Bid Meeting / Jobsite Address: 221 S. School Ave., Fayetteve, �(R 2701 O o This is the physical address for the on -site job trailer bh�lz) o Parking is available on site or attendees can par in th JIVISrary p of 4 G • Pre -Bid Meeting Requirements: o This is an ACTIVE construction site. All at will be req d tow a ollowing while attending the pre -bid meeting: hard hat ♦ G �` ■ high visibility safety vest G � � G 0 ♦ Ci do P .% . o �� o P (� o� THIS PAGE INTENTIOrN^�DI�F�L.L** e) 0 � PQ� Telecommunications Device For the Deaf 7DD (479) 521.1316 113 West Mountain - Fayetteville, AR 72701 August 10, 2021 General Requirements & Technical Specifications Tanglewood Branch Channel Restoration and Aquatic � Habitat Improvement Prgj�ct���� � 00 Job Number: WCRC-21-01 Watershed Conservation Resource Center 1 380 West Rock Street Fayetteville, AR 72701 1 479-444-1916 GENERAL REQUIREMENTS & TECHNICAL SPECIFICATIONS TANGLEWOOD BRANCH CHANNEL RESTORATION AND AQUATIC HABITAT IMPROVEMENT PROJECT by: Pre Prepared• p`O Watershed Conservation Resource Is ter A 380 West Rock Street �► (�j Fayetteville, AR 72701 I March 1_021 G • Z Job Num C-21- G � � G 0 0 PP�.,vo PROJE 'ff 9s CD PT E OF Matthew A. Va E. `d N a5 = Watershed C ati R1�Source Center A R `► I� t ` a REGiSTtRED �' FR "ESSIONAL s GI EER p 4 NO 6 <v n4 a TTyFW A `I �'BO �'.'Baeies0 TABLE OF CONTENTS: FILE 01- PROJECT MANUAL TANGLEWOOD BRANCH CHANNEL RESTORATION AND AQUATIC HABITAT IMPROVEMENT PROJECT GENERAL REQUIREMENTS • ADVERTISEMENT FOR BIDS • INSTRUCTIONS TO BIDDERS BID �O FORM O Qj • NOTICE OF AWARD I AGREEMENT • NOTICE TO PROCEED PERFORM A E `L o ' G BOND PAYMENT BOND , v Q • CERTIFICATE OF SUBSTANTI LETIGEN CONDITIONS • SUPPLEMENTARY CONDITIS G '` G WRITTEN SPECIFICATION A TO CONSTRUCTION • APPENDIX A: CONT T PR NS FOIR"NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARD • APPENDIX B: DAVI - AC GE DEliNINATION NO. 20200002 AS OF 01/01/2020 a► FILE 02 - DRA DRAWINGS P INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1— Defined Terms ............. ARTICLE 2 — Copies of Bidding Documents .................................... ARTICLE 3 — Qualifications of Bidders .................................... Page .............................. 1 .............................. 1 ..................................... 1 ARTICLE 4 — Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program; OtherWork at the Site............................................................................................................. ... 2 ARTICLE 5 — Bidder's Representations............................................................................... �.................. 4 ARTICLE 6 — Pre -Bid Conference ll ..... 5 ...................................................... .. .... .............. . .. ............... O ARTICLE 7 — Interpretations and Addenda ...................................... ........... . ................ ......... 5 ARTICLE 8 —Bid Security...................................................................................... 5 ARTICLE 9 —Contract Times ........................................ ........ ............ ........... ARTICLE 10 — Liquidated Damages .........................� .►..............�............................. 6 ARTICLE 11— Substitute and "Or -Equal" Items.. ........ ...................................... 6 ARTICLE 12 — Subcontractors, Suppliers, and Others......... ► ........................................... 6 ARTICLE 13 — Preparation of Bid ......... .......... �.............. ..................................................... 7 G ARTICLE 14 — Basis of Bid ............ ........ . .�......... W........................................................... 7 ARTICLE 15 — Submittal of Bi� 1►.................................................................. 8 ........ ....... ......... ...... . ARTICLE 16 — Modificati �Wlthdr I Bid....................................................................................... 8 f I ARTICLE 17 — Openi of ids .......... ........... 8 ARTICLE 18 — Bids to Remain ctto Acc pta e.................................................................................... 8 ARTICLE 19 — Evaluatio and Afc �Contract ............................................................................... 8 ARTICLE 20 — Bonds a urance ... �.................................................................................................. 9 ARTICLE 21— Si ,Agree �........................................................................................................ 9 ARTICLE2 — re (ling w es.............................................................................................................. 9 ARTICLE 23 — Contra Assigned — N/A.............................................................................................. 9 ARTICLE24 — Retainag ........................................................................................................................... 9 E1CDC° C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i ARTICLE 1— DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued. ARTICLE 2 — COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owne r Engineer assumes any responsibility for errors or misinterpretations resulting from the incomplete sets of Bidding Documents. �`� A. If electronic files are supplied, either CAD, PDF or o r r at, the 41nor t e�ineer assumes any responsibility for errors or misinterpr at ns res 1f'om the' These files are supplied solely to aid the Bidder and Ne'�ardcopy i ti g Docu II have precedence. 2.03 Owner and Engineer, in making copies of Bid g' g p' gcum s�i Ilable o ove terms, do so only for the purpose of obtaining Bids fol Irk an t au confer a license for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDD G � 3.01 To demonstrate Bidders fl tlons t rm th W�MIC, Bidder shall include in their Bid submittal (a) written ev' est Its tions such as financial data, previous experience, and presemitme d (b) ng additional information: A. A State of A a Contr 's License required at time of bid; however, a bidder not ha i nse sha� submitted an application for licensure at time of bid. B. Subconi r and S, p�p eerr quali$t>ton information will be required by the Owner. C. on three or more projects. Failure Owner may result in rejection of bid. p__ofthe Prospective Bidder, the following elements will be Ise a minimum of five (5) years of experience building stream stabilization designs using natural channel design (NCD) e presented in Chapter 11 of the USDA Natural Resource Engineering Handbook, Part 654, Chapter 11, (2007) and Fluvial Geomorphology course manual (most recent). will be building the rock structures shall have a minimum of building NCDstream restoration and streambank stabilization 2nce in constructing) -hook vanes, crossvanes, and step pools to meet these requirements without approval of the EXPERIENCE OF BIDDER: 1. The bidder must include a summary of their experience as indicated below: E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 2. Provide a general summary of the bidder's experience that states that he/she is an experienced Contractor and has completed a minimum of three (3) projects of similar size and scope as described under the Bidder Qualifications within the past five (5) years. 3. Provide qualifications and experience of the two (2) primary operators with NCD experience. 4. Provide a written summary of at least three projects that describes the projects in the context of the qualifications listed above. At least one of the submitted projects must include construction of stacked -rock vanes as shown in the Wildland Hydrology Applied Fluvial Geomorphology course manual. The following information should be included: a. Project name and names of clients b. Project Description including the operators who constructed the proj ct. C. Name of company (including contact) that designed project al 0mpleted permitting `0 d. Project manager & phone number, O A� e. Construction costs f. Location of project References with telephone numbe t1�ifat have a abili g• p � �� p � Y the information submitted. h. Photographs for all three proj ts'"I V D. The participation of small, minorit en's s e r idshall be encouraged for all contracts and subcontrac idd ree to ak lI efforts and conduct due diligence outreach in the awardi of co t or 4u tracts to the fullest extent consistent with efficient cgptrz t perfor The rther agrees to cooperate in any studies or surveys "may be s ry to er ine the extent of the Bidder's compliance with this L 3.02 A Bidder's failure to lifica ation within the times indicated maY disqualify Bidder frc��Iaki;�equir iving aw d of t Co t act. 3.03 No require t V'Is _Articl ubmit i*rmation will prejudice the right of Owner to seek additional p rtin nt infor rega Bidder's qualifications. 3.04 Bidder is advised to e ully r vie those portions of the Bid Form requiring Bidder's representations a cat. ARTICLE 4 — SITE AND R ARE TING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRA W HE SITE 4.01 Sit derAr A. The Site Ified in the Bidding Documents. By definition, the Site includes rights -of -way, easemen , and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 C. a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and estalfied in the Supplementary Conditions. Bidder is responsible for any interpretat' ' conclusion Bidder draws from any Technical Data or any othe data, interpr , opinions, or information contained in such reports or shown in 'cated in wings. 3. If the Supplementary Conditions do not identify a nical D Hgdefault e ition of Technical Data set forth in Article 1 of the n�al Cond s ill a I Underground Facilities: Information and d`�(a�h�wn or i din tPis7hed g Documents with respect to existing Underground F 'Iiti�Sat o ous toa are set forth in p g g the Contract Documents and are b s' info andcely ; to Owner and Engineer by owners of such Und Fac'li ' s, i ludi O er, or others. Adequacy of Data: Provisions co�cer ing re bilitie� t adequacy of data furnished to prospective Bidders wit espect to s ce c , other physical conditions, and Underground Facilities, d ssible s in the g Documents due to differing or unanticipated subsurf ph y c ition ar in Paragraphs 5.03, 5.04, and 5.05 of the General Co �n . Prov nce s onsibilities for the adequacy of data furnished to pr ve Bi rs res ct t� Hazardous Environmental Condition at the Site, if any possible �h riges in th ontract Documents due to any Hazardous Enviro e onditiol ur overed or revealed at the Site which was not shown or indicated in the ngs=;r ec icationsntified in the Contract Documents to be within the scope of the Wor pear In Pura aph 5.06 of the General Conditions. 4.03 Site Visit and A. Bidder s any oA B. ZidW C. red Site visit during normal working hours and shall not disturb the Site. to conduct any subsurface testing, or exhaustive investigations of Site On requ 21 to the extent Owner has control over the Site, and schedule permitting, the Owner rilprovide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes, clean up, and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be p *ates ed at the Site by Owner or others (such as utilities and other prime contractors to the Work contemplated by these Bidding Documents. If OyN is party toPie'r contract for such other work, then on request, Owner will provi th Bid d s to ex rC7 such contracts (other than portions thereof related to pric a other d�htial ma a if any. ARTICLE 5 — BIDDER'S REPRESENTATIONS N 5.01 It is the responsibility of each Bidder before it ing f'f✓ A. examine and careful) stud th Documen and a ata and reference items Y Y g identified in the Bidding Documen B. visit the Site, conduct a t oufh, alert xa the Site and adjacent areas, and become familiar witOd atisfy a to the al, local, and Site conditions that may affect cost, progr perf e of th ork; C. become familiar and sati t I as a and Regulations that may affect cost, progress, and r ance the ork; D. carefull tall: (1) e s of expJorations and tests of subsurface conditions at or adjace to he Site dra of physical conditions relating to existing surface or subsurface struct he Site t t have been identified in the Supplementary Conditions, especially wit t to4Ta Data in such reports and drawings, and (2) reports and drawings rk to Haz Environmental Conditions, if any, at or adjacent to the Site that Ahaviden ' ' the Supplementary Conditions, especially with respect to Tecin syre�orts and drawings; ,&to4&r the ation known to Bidder itself; information commonly known to 41 Ntractors usiness in the locality of the Site; information and observations obtained from vi e Site; the Bidding Documents; and the Site -related reports and drawings identifie in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs; agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and f ishing the Work required by the Bidding Documents. O ARTICLE 6 —PRE-BID CONFERENCE O ��► 6.01 A non -mandatory pre -bid conference will be held at the a nd loca meted in t e vltation or advertisement to bid. Representatives of Owner naKnglnee I presen uss the Project. Bidders are encouraged to attend an CrNrti ate in nferen Owner will transmit to all prospective Bidders of recor suc ddend ner an E ineer considers necessary in response to questions arising a confe n e al st a is may not be relied upon and will not be binding or legally V ARTICLE 7 —INTERPRETATIONS AND ADDENYA ,� • G � 7.01 All questions about the mean' intent idding c ents are to be submitted to the Sr. Purchasing Agent, Jona ith in to 'o s ith fayetteville-ar.gov. Interpretations or clarifications consi d cesse Ow ngineer in response to such questions will be issued by del' ereNA all arti recorded as having received the Bidding Documents. Que eceived e than four prior to the date for opening of Bids may not be answere n lestions n red by Ad.#enda will be binding. Oral and other interpretations or clarificati Jill be wi egal e 7.02 Addenda may be iss clarify, rre�,supplement, or chan a the Biddin Documents. Y �ig g ARTICLE 8 —BID SECU V 8.01 A Bid shall e�e pa y Bid " security made payable to Owner in an amount not less than 5 per der's m Bid price (determined by adding the base bid and all alternates) as st a in he A ' ment for Bids and issued by a surety meeting the requirements of Paragraphs 6. 2 of the General Conditions. 8.02 The Bid secure y`of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award could be released within seven days after the Bid opening. ARTICLE 9 — CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 — LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestoi;ubstantial Completion, or completion of the Work in readiness for final payment, 4reNorth in the Agreement. ARTICLE 11— SUBSTITUTE AND "OR -EQUAL" ITEMS O v 4F 11.01 The Contract for the Work, as awarded, will be o of e sis of m and ip nt specified or described in the Bidding Documents with con 'd r tion du ' biddin ontract award process of possible substitute or "or -equal" it s If uch . appro Addenda. In cases in which the Contract allows the Contr questvftner ger authorize the use of a substitute or "or -equal" item ofor eq�enit, app 'cats for such acceptance may be made by request as long as request is (thin t Ilcalei4d s prior to bid opening. I 11.02 All prices that Bidder sets forth its Bid sha sed �lresumption that the Contractor will furnish the materials an a pment ied or es ' ed in the Bidding Documents, as supplemented by Adden y 0 rega r he possibility of post -Bid approvals of "or -equal" or substitute a uests a alow ' le risk. ARTICLE 12 — SU 12.01 A Bidder sh%.V entities for the pe in the Specificatioi Supplier, or oth�1 prospective Bi�d� 12.02 Subseq 12.03 fin V44ic Subcontractors, Suppliers, or other individuals or W01V if required by the Bidding Documents (most commonly ective Bidder objects to retaining any such Subcontractor, , and the concern is not relieved by an Addendum, then the rom submitting a Bid. !91'al of the Bid, Owner may not require the Successful Bidder or ✓✓Subcontractor, Supplier, or other individual or entity against which le objection. Bidders shall i'l►to Owner a list of Subcontractors proposed for any portion of this work with the submissiorTof bid document. The Owner requires that, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 12.04 If 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, or other individuals or entities. Declining to make requested substitutions could constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 — PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in their entirety and the Bid Form shall be signed and fully executed. Erasures or alterations shall be initialed in ink by the el on signing the Bid Form. A Bid price shall be indicated for each section, Bid item, all`I a adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submittin on a c alter m is optional, and Bidder elects to not furnish pricin ford option mate it Bidder may enter the words No Bid or Not Appli iJ 111, 13.02 A Bid by a corporation shall be executed in t cor to na corpora a cer (whose title must appear under the signature), accorrypa by evi e aut i sign. The corporate address and state of incorporation sha n. 13.03 A Bid by a limited liability company sn a exesw d the n o the firm by a member or other authorized person and ac ompAied bye 'A- a �>(o sign. The state of formation of the firm and the official ad f the firm``; l be sh 13.04 A Bid by an individual shall he *d err ame a fficial address. 13.05 All names shall be pri ko Ink bel t sign r 13.06 The Bid shall con n ackno e ment of reQ of all Addenda, the numbers of which shall be filled in oil Form. O *0 13.07 Postal and e(- laddres d teleph umber for communications regarding the Bid shall be shown. ` 13.08 The Bid shall co�videnci der's authority and qualification to do business in the state where the Pr locat idder shall covenant in writing to obtain such authority and qualificati o a o the Contract and attach such covenant to the Bid. Bidder's state cont r cse n r date of application for licensure, if any, shall also be shown on the Bi m. efer tg raph 3.01. ARTICLE 14 — BASIS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. Deductive alternates shall be bid in their entirety by all bidders. Failure to bid deductive alternates provided could result in rejection of bid. E1CDC° C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 ARTICLE 15 — SUBMITTAL OF BID 15.01 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or delivered in person by appointment, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the bid number and project name 15.03 Bids received after the date and time prescribed for the opening of bids, or not Suf ted at the correct location or in the designated manner, will not be accepted. O ARTICLE 16 —MODIFICATION AND WITHDRAWAL OF BID O N 16.01 A Bid may be withdrawn by an appropriate document d ecutee samW�q, that a Bid must be executed and delivered to the place rids are to�mit o the date and time for the opening of Bids. Upon receipt s c notice, tl�opene ill be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prio ening, er mustwiw its initial Bid in the manner specified In Paragraph 16.01mit w Bid pr r a date and time for the opening of Bids. � � � 16.03 If within 24 hours after Bids ar ened any r files �i ned written notice with Owner and thereafter de rates t asona a sa faction of Owner that there was a promptly material and substantial e in ratiQr Bid, that Bidder may withdraw its Bid, and the Bid security returne ARTICLE 17 —OPENING DSCjN r� O ' 17.01 Bids will be open at th and plaicated in the advertisement or invitation to bid and, unless obviously Inonsive, rea aloud publicly. The bid opening will be viewable immediately fol o e de d' livestream on the City of Fayetteville's YouTube Channel at htt s: ww e.co cit offa etteviIlear. An abstract of the amounts of the base Bids and m Ynates ,will be made available to Bidders after the opening of Bids. ARTICLE 18 1 REM JECT TO ACCEPTANCE 18.01 All Bids will re�n je t to acceptance for the period of time stated in the Bid Form, but Owner may, in its so disc etion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner may reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner may reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Supplier oposed for those portions of the Work for which the identity of Subcontractors and S rs must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems �ry to es he resS ility, qualifications, and financial ability of Bidders and any pro os CIS ubc ctors orS p rs. 19.06 Certification of Funds A. BIDDERS ARE REQUIRED TO PROVIDE PRICIG FF RAIL LI MS. FA TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BIDXJEQ'fION B. THE CITY INTENDS TO AWARD THIS CT TO WES 1TED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SU S LID S CH B D F LS WITHIN THE AMOUNT OF FUNDS CERTTFTED FORTH E PROJECT, PLU%. C. IN THE EVENT NO BID FAL WIAIN THE T 0 ERTIFIED FOR THE PROJCET, PLUS 25%, THE CITY WILL UTILIZE T UCTIVENATES ER UNTIL BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFI S 25% ((JJ� D. IN THE EVENT Al- IVE TES PAR* RACTED AND NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS °o LL B DS BE Rti- �. E. The City shall e he aut to negotl award with the apparent responsive responsible low bidder hw& ly ' the to within t$oenty-five present (25%) of the certification of funds. ARTICLE 20 — BONDS INS 20.01 Article 6 of the G e onditicA s ay be modified by the Supplementary Conditions, sets forth Owner's requi s as to r ance and payment bonds and insurance. When the Successful Bidder deli gree executed by Successful Bidder) to Owner, it shall be accompanied by/re�qui o s and I nce documentation. ARTICLE 21— ak'NING EEMMENT 21.01 When Owner i ues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22 — PREVAILING WAGE RATES E1CDC® C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 22.01 The applicability of Prevailing Wage Rates and Davis -Bacon and Related Acts are discussed in the Supplementary Conditions and included with these bid documents as Appendix B — Davis -Bacon Determination No. 20200002 as of 01/01/2020 . ARTICLE 23 — CONTRACTS TO BE ASSIGNED — N/A ARTICLE 24 — RETAINAGE 24.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 24.02 Retainage shall be 5% of the earned progress payments per Arkansas Code22-9-60� •�o O S V `L G Q G � G � � G 0 0 , G o P o40 P EJCDC° C-200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 BID FORM Tanglewood Branch Channel Restoration and Aquatic Habitat Improvement Project Fayetteville, Arkansas 2021 TABLE OF CONTENTS Page Article1— Bid Recipient................................................................................................................................1 Article 2 — Bidder's Acknowledgements.................................................................................... 1 Article 3 — Bidder's Representations.................................................................................. ... .............1 Article 4 — Bidder's Certification .. ... ... ... . ... ... Article 5 — Basis of BidO 4(..... 3 .�D. .. . . . .. .. Article 6—Time of Completion............................................................ ...........4 Article 7 — Attachments to this Bid ...................................... ............... �................... 4 Article 8 — Defined Terms........................................�.. .......... 5 Article9 —Bid Submittal ................................... 1........... ......... ..............................6 G � G �. � G 0 0 , G o P � o P E1CDC° C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: The City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain St Fayetteville, AR 72702 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated i) his Bid and in accordance with the other terms and conditions of the Bidding Documents. O ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS •` 01 O 2.01 Bidder accepts all of the terms and conditions of the Ins ions to ers, incl n ithout limitation those dealingwith the disposition of slurit s ' will r ject to p Y " 1 acceptance for 60 days after the Bid opening, o r such long�yqd of t' t Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS ` 3.01 In submitting this Bid, Bidder repres7ts t at: C,� G A. Bidder has examined a reference items identA the following Adder,*51 gefully s e the B n Documents, and any data and the Bi ocume ts, d hereby acknowledges receipt of aAd4edum Date I B. Bidde ted th�, conducted a thorough, alert visual examination of the Site and adja t s, an me familiar with and satisfied itself as to the general, local, and Site ons tha fect cost, progress, and performance of the Work. C. Blder i?carefully r ith and has satisfied itself as to all Laws and Regulations that may affect cost, prnd performance of the Work, including federal requirements. D. Bidder studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owns r tethers at the Site that relates to the Work as indicated in the Biddin ocuments. `� H. Bidder has given Engineer written notice of all confl' �rs, am s, or di ncies that Bidder has discovered in the Bidding Docu s and firms tha h written resolution thereof by Engineer is acceptable tobier. �� ► I. The Bidding Documents are generally suffi elt o``indic �1 conve standing of all terms and conditions for the erforman anc#furn' the Wo p • J. The submission of this Bid cons ' incontr rtible r sen ation by Bidder that Bidder has complied with every anent Article, nd at without exception the Bid and all prices in the Bid are �cemised up �rmift �iurnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICAT 4.01 Bidder certifies that- �� ` Cj A. This Bid n 2 and a in the i terest of or on behalf of any undisclosed individual or enti a s not ed )�f rity with any collusive agreement or rules of any group, a iationl izationoration; A N Bidder has no sham Bid; I is Bidder sol y induced or solicited any other Bidder to submit a false or d any individual or entity to refrain from bidding; and Lfd in corrupt, fraudulent, collusive, or coercive practices in competing r the purposes of this Paragraph 4.01.D: ictice" means the offering, giving, receiving, or soliciting of anything of value uence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. 5. Debarment and Suspension: This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). • A contract award (per 2 CFR 180.220) shall not be made to parties listed on the governmentwide exclusion nV e System da for Award Management (SAM), in accorn e h the OMB guidelines at 2 CFR 18 at implem cutive Orders 12549 (3 CFR part 19 p. 18 2689 3� part 1989 Comp., p. 235 ebarm Suspe si �. SAM Exclusions contaiKtth+�names r es debar ended, or otherwise IudZ�d by ag , as wel ies declared ineligible nder tutory ulator u rity other than Execu4v�co` er125 • Th rmust ply wilC. .R. pt. 180, subpart C and F.R. 000, su art``C and must include a requirement t c p14 ly regulations in any lower tier covered trSermin ion it to. If it is I �Gth the contractor did not comply with 2 Z. 180, t C and 2 C.F.R. pt. 3000, subpart C, in a it* n to �s available to (name of state agency 6;ery ng as cip nt and name of subrecipient), the Federal overnmeVt may pursue available remedies, including but not GO O lim' d tsuspension and/or debarment. O• The i der or agrees proposer ro a to comply with the p p g qui ements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 00, subpart C while this offer is valid and throughout the a► period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6. Bid ertands funding for this project shall require full compliance with the Code of 1►Regulations (CFR) Part 200, Appendix II titled Contract Provisions for Non- Fede al Entity Contracts Under Federal Awards. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Refer to the City's electronic bidding platform to submit bid pricing electronically. � O � 'Co Contact the CitrsiDivision to submit,&h�al led bid. 5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 60 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 calendar days after the date when the Ctract Times commence to run. O .`6.02 Bidder accepts the provisions of the Agreement as to liquidd damages. � Q' ARTICLE 7 — ATTACHMENTS TO THIS BID (v\ v 7.01 The following documents are submitted with an ac a condit' is Bi A. Required Bid security; G B. List of Proposed Subcontractors and f aQ� tions, C. List of Proposed Suppliers (N/A); Q D. List of Project References; ,� • V► G E. Evidence of authority to �siness ' e state o `ject; or a written covenant to obtain such license wi time f lr eptance f Bi s; F. Contractor's Lice R d plith ,li nsure: G. Required Bidd2�►alificatibatement pporting data; H. Byrd An - k gAmentCertificatio0t(completed and executed on the enclosed form); and 1. Any othcumen . icated asyllInent ARTICLE 8 — DEFINED T� J •`+ `V 8.01 The terms i his Bid itial capital letters have the meanings stated in the Instructions to Bidder eralitions, and the Supplementary Conditions. P ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] (Printed namel (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, att p� evidence of authority to sign.) O ♦` Attest: [Signature] ^ [Printed name] �c `) �► Title: Submittal Date: Address for giving notices: ' ,� ♦ a► G � 'C *XA CT TAX ID / EIN Numb O Telephone Number: Fax Number: v •� Contact Name a - i addr� Bidder's Contractor'sVEense No. OR date of application for licensure: City of Fayetteville, AR Bid 21-50, Construction —Tanglewood Branch Restoration Byrd Anti -Lobbying Amendment Certification 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING ALL BIDDERS SHALL SUBMIT THIS FORM WITH BID The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with t arding of any Federal VK contract, the making of any Federal grant, the making of any Federal loan, the q, t nto of any cooperative agreement, and the extension, continuation, renewal, amendment,r modificatir� y Federal contract, grant, loan, or cooperative agreement. (`\J o' 2. If any funds other than Federal appropriated funds have b �ai or w' aid to hn for influencing or attempting to influence an officer or employee of any nc , a Me �+f Con n officer or employee of Congress, or an employee of a Member of Congr s in nnecti h this al contract, grant, loan, or cooperative agreement, the undersigned shall corm Ind s nda �►LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the langt0hge of this ` Tfica ' cluded in the award documents for all subawards at all tiers (including sub Aucts, sub s, an cts under grants, loans, and cooperative agreements) and that all subrecipienCCl certif� isclose cc o ingly. This certification is a material repres �n of act n whr ra was placed when this transaction was made or entered into. Submission of this cer ' a n is a quisite fo ing or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any s n v o fail the reVired certification shall be subject to a civil penalty of not less than $10,000 and not more t n $ 00,000 h su r re. The Contractor hereby certifies or of ' e trL*t ss and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor tands rees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement s(ay to th' ication and disclosure, if any. V Name of Contractor Signature of Authorized Official Name and Title of Contractor's Authorized Official Date NOTICE OF AWARD Date of Issuance: Owner: City of Fayetteville, AR Engineer: Watershed Conservation Resource Center Project: Tanglewood Branch Channel Restoration and Aquatic Habitat Improvement Project Bidder: Bidder's Address: TO BIDDER: Owner's Contract No.: Engineer's Project No.: WCRC-21-01 Contract Name: Tanglewood Branch Channel Restoration and Aquatic Habitat Improvement Project You are notified that Owner has accepted your Bid dated [ ] Zvo The Contract Price of the awarded Contract is: $ an i s biect to u rices.fte [ ] unexecuted counterparts of the Agreement ompan s ice of and one copy of the Contract Documents accompanies this No ' ard, o as een a ed or made available to Bidder electronically. ❑ a set of the Drawings will be delivered separatel f th bontract Documents. You must comply with the following c ft ns pre �ithin 1 s of the date of receipt of this Notice of Award:' 1. Deliver to Owner [ 2 Werp is o y e Agr em�, fully executed by Bidder. 2. Deliver with the e ed Agr (s) the Contract security [e.g., performance and payment bonds] and insuran e d enta * spe 'fled n the Instructions to Bidders and General Conditions, Articles 2 an 3. Other conditions pr (if Failure to comply with th dition the time specified will entitle Owner to consider you in default, annul this Notice of Award a eclare d security forfeited. Within ten days a ompl the above conditions, Owner will return to you one fully executed counterpart oft Arnent, t with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of e Gener ions. Owner: City of By: Title: Authorized Signature EJCDC®C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) Completion of Form NOT required at time of bid THIS AGREEMENT is by and between City of Fayetteville ("Owner") and ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE 1—WORK O �� 1.01 Contractor shall complete all Work as specified or indicate 43 e Contrad ument . Work is generally described as follows: NN RESTORATION OF APPROXIMATELY 1200 FT SECTION F GLEW RANC ITS UNNAMED TRIBUTARY TO THE SOUTHEAST THAT WILL REDC}�,(TR MB SION PROVE AQUATIC AND TERRESTRIAL HABITAT. + # ARTICLE 2 —THE PROJECT V Z 2.01 The Project, of which the Work the Co t1kC Docum ` part, is generally described as follows: Work includes buiWi stacked J: alls. reiAforc g existing historic walls, removing creating step pools.��� 0 0 ARTICLE 3 — ENGIN O 3.01 The Project has be ,p, '69ned b Cj hed Conservation Resource Center 3.02 The Owner Ail ned a ed Conservation Resource Center ("Engineer") to act as Owner's retive, all duties and responsibilities, and have the rights and authority assigned r i ontract Documents in connection with the completion of the Work in a ore with tract Documents. ARTICLE 4 — CONTR S 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final paymentas stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 days after the date when the Contract Times commence to run. E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Societyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of7 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 250 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 3.02.A above for Substantial Completion until the Work is substantially ciftlete. ARTICLE 5 — CONTRACT PRICE O ' o v 5.01 Owner shall pay Contractor for completion oft wor in r ce wit ontract Documents the amounts that follow, subject toItsets nt and 11�►Contra A. For all Unit Price Work, an amount equ to u fP4. xende*nit s (established for each separately identified item of r e Wo pl' price times the actual quantity of that item): � q Unit i Work Item No. Descri nit • timated antity Unit Price Extended Price Total of all Exe§FPrices�QlUit Price Work (subject to final adjustment based on antit' $ ,00oh en Qr Unit Price Work set forth as of the Effective Date of the Contract are se on es d quantities. As provided in Paragraph 13.03 of the General Conditions, estimat titles are not guaranteed, and determinations of actual quantities and classifica ons are to be made by Engineer. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of7 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, inc^g but not limited to liquidated damages, in accordance with the Contract ` a. 95 percent of Work completed (with the bal being retai ;Oand b. 100 percent of cost of materials and equip :t incor or&d in th (with the balance being retaina). e g� O C. Retainage shall be 5% of the ear pro ress ps per A s Code 22-9- 604. Z G V B. Upon Substantial Completion, O �I pay oun tl t to increase total payments to Contractor to 95 p the W k c ple ed, s such amounts set off by Owner pursuant to Paragraph 15. of th `n al Coo ons, and less 100 percent of Engineer's estimate of th value of Wor 'CO r corrected as shown on the punch list of items to be ted or a ed prio al payment. 6.03 Final Payment • A. Upon final com and cc ce of n accordance with Paragraph 15.06 of the General n itlons, er shall �he remainder of the Contract Price as recom - d Engin rovidedsaid Paragraph 15.06. ARTICLE 7 — INTERES 1;z1*1* 7.01 All amounts no en d aear interest at the rate of 0 percent perannum. ARTICLE 8 — CONTR O REP TIONS 8.01 In induc er to enter into this Contract, Contractor makes the following re re n ations: A. Contrac examined and carefully studied the Contract Documents, and any data and referenc items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Societyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of7 observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, a1�bi�uities, or discrepancies that Contractor has discovered in the Contract Documem;S a�r 1 the written resolution thereof by Engineer is acceptable to Contra �` H. The Contract Documents are generally sufficient to and c kvZiinclers of all terms and conditions for performance and fur ' hilyg the o s() I. Contractor's entry into this Contract co ute� an inertible sentation by Contractor that without exception all pr es in Agree ire prem�e pon performing and furnishing the Work required byth tract TRts. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Docume�o Isist of wing: 1. This Agree (arrfrent inclusit 2. Perford Se N n: erform ce and inclusive). 3. Pa �nd (Se ayment �Dnd, inclusive). V� 4. Otonds. O P a. Main a aparranty Bond (to be provided following Substantial ion) (If �Xi d). 5. G a onditi tion: General Conditions, inclusive). 6. ementanditions (Section: Supplementary Conditions, inclusive). pecifi as listed in the table of contents of the Project Manual. 8. Dr of attached but incorporated by reference) consisting of 25 sheets with each she bearing the following general title: Tanglewood Branch Stream Enhancement 9. Addenda (numbers_ to, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages _ to, inclusive). E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of7 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article9. D. The Contract Documents may only be amended, modified, or supplemented KS ovided in the General Conditions. , O ARTICLE 10 — MISCELLANEOUS O 10.01 0.0 Terms � O A. Terms used in this Agreement will have th anings stat e Ge ondltions and the Supplementary Conditions. qj j 10.02 Assignment of Contract \641 A. Unless expressly agreed to elsewhh{ the C t, no as nm t by a party hereto of any rights under or interests in the Contract will eiin s o er party hereto without the written consent of the pa sought to e nd; cifically but without limitation, money that may becom d and that is du ay not be assigned without such consent (except tot ent t e fect restriction may be limited by law), and pg unless s ecifical t€d to c n rar 'n ritten consent to an assignment, no assignment wl e or ha e the Sig or from any duty or responsibility under the Contract Dots. V I 10.03 SuccessorsCdjsigns OO A. Owner and Con rrr each bi ds elf, its successors, assigns, and legal representatives to the other ar .o ssors assigns, and legal representatives in respect to all covenants ents, igations contained in the Contract Documents. 10.04 Severabilit A. n Sision o f the Contract Documents held to be void or unenforceable under any w?r Regu hall be deemed stricken, and all remaining provisions shall continue to be va Id and pon Owner and Contractor, who agree that the Contract Documents shall be refor n(7replace such stricken provision or part thereof with a valid and enforceable provision at comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of7 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly r indirectly, persons or their property to influence their participation in the bidding or affect the execution of the Contract. 10.06 Other Provisions O A. Owner stipulates that if the General Conditions th a made of this o act are a based on EJCDC° C-700, Standard General r> itions f Constr ntract, published by the Engineers Joint Contract melts Com , and i r is the party that has furnished said General Condit' s, tl­VOWner&j ainly sh ww II modifications to the standard wording of such puWis(eNidocum qn e C rthrough a process such as highlighting or "track (redlinr'keou In the Supplementary Conditions. G x 6, IN WITNESS WHEREOF, Owner and )ctor h ed this gre ent. This Agreement will bee ffectik eeffectik hic tive Date of the Contract). V O I OWNER: Ci OO CONTRACTOR: P City of Fayetteville By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint P venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 113 W Mountain St EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of7 Fayetteville, Arkansas 72702 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority NOTE TO USER: Use in those states or other to sign. If Owner is a public body, attach evidence of jurisdictions where applicable or required. authority to sign and resolution or other documents authorizing execution of this Agreement.) E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of7 NOTICE TO PROCEED Owner: City of Fayetteville, AR Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Watershed Conservation Engineer's Project No.: WCRC-21-01 Resource Center Project: Tanglewood Branch Channel Contract Name: Restoration and Aquatic Habitat Improvement Project Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract Wil ence to run on [ , 20_]. [see Paragraph 4.01 of the General Con ' ' ns] On that date, Contractor shall start performing its obligations under ntract D uh�nts. N rr shall be done at the Site prior to such date. In accordance with the Agreement, he/da e of ttial Co s and the date of readiness for fi paNent is ] or [the number of days to achieve Substantial Completion is , apt numbe of ys to achieve readiness for final payment is ]. �(J Before starting any Work at the Site, Contractor s ompl the foll inn [Note any access limitations, security procedure or other r s r ions] • G NO -A Owner: City of Fayetteville, (� Authorized Signature c o `o PBy: :`:� Title: V •�� Date Issued: Copy: Engineer 40 P EJCDC®C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): City of Fayetteville, AR 113 W. Mountain St, Fayetteville, AR 72702 CONSTRUCTION CONTRACT A Effective Date of the Agreement: O Amount: Description (name and location): O BOND (v/' Bond Number: � �O �► Date (not earlier than the Effective Date of the Agreement of the C st ction Contrac Amount: G Modifications to this Bond Form: ❑ None ` e ►Parag40 Surety and Contractor, intending to be legally bond ereby, u l►ct to tR �r rs set forth below, do each cause this Performance Bond to be duly executed an authori cer, representative. G � CONTRACTOR AS PRINCIPAL SURE ea l v seal Contractor's Name and Co o a al #Jrety's Name and Corporate Seal By: O By: Signature �` Signature (attach power of attorney) Print Name A INN— ' Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in w rin part and notify the Owner, citing the reasont�de ial. 6. If th uR)oes not as provi aragraph 5 with reasonab r ptness, th ur shall be to be in default on this ond�dl�i days of r pt of an written notice from to the underA Owner, the Contractor, and the Surety agree, the Contractor shall , .anVemeciy av ll be allowed a reasonable time to perform the Constructio^ n n Paragr c Contract, but such an agreement shall not waive the 0 "'denied li ity, n w right, if any, subsequently to declare a Contractor Default; sh II enti d to ema 1,111i t e Surety perform its d, and t r shall be entitled to enforce �Co the Ow rSurety proceeds as provided the w e uses the payment or the Surety has i o in t, without further notice the Owner for any remedy available to the Owner. 3.2 The Owner declares a Contractor Defa It, te0inates hJtVtractor A to act under Paragraph 5.1, 5.2, or 5.3, then the Construction Contract and notifies the Surety; espofthe Surety to the Owner shall not be greater than those of under the Construction Contract, and the 3.3 The Owner has agreed to pay ance f e; responsi ities of the Owner to the Surety shall not be greater than Contract Price in accordance with the e s e Co r the o Owner under the Construction Contract. Subject to the Contract to the Surety or to a contrac ted t per a ""� e t by the Owner to pay the Balance of the Contract Price, Construction Contract. k the urety is obligated, without duplication for: 4. Failure on the part of th Ow o com 1 wi the notice requirement in Paragraph 3.1 s I r 1t constit a ai ure to with a condition precedent to the Surety's i s, or releas the Surety from its obligations, except e extent Surety demonstrates actual prejudice. 5. When the Owner has satisff, th onditio graph 3, the Surety shall promptly and ah( y s etake one of the following actions: 5.1 Arrange the Cont ct , ith the consent of the Owner, to perform and co m Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms oftheK�struction Contract. 14.5 Contract Documents• t, Cc documents that comprise the agre t between they and Contractor. _ JONO 15. If thi o is issued f arWreement a MTn a contractor and subcj ntrVt , he te�-m�oN for in t all be deemed to be Sub actor and th wrieLs4hilkerned to be Contractor. bond. �IbVMoamcati0o-tnis tsc 14. Definitions 14.1 Balance of the Contract Price: The total amount pay /►� by the Owner to the Contractor under the Construction #6ntract V ` after all proper adjustments have been made inclu allowance for the Contractor for any amounts received or ceived b the Owner in settlement of insurance or oth � G CP 0 , o P � o P EJCDC1 C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place ofbusiness): OWNER: City of Fayetteville, AR 113 W Mountain St Fayetteville, AR 72702 CONSTRUCTION CONTRACT Effective Date of the Agreement: O Amount: Description (name and location): O BOND Bond Number: �O V Date (not earlier than the Effective Date of the Agreement of the Const on Cant r Amount: G Modifications to this Bond Form: ❑ None Paragr 1V Surety and Contractor, intending to be lega boflnd here ect s set forth below, do each cause this Payment Bond to be duly executed b101 thoriz r, agent, representative. V �' CONTRACTOR AS PRINCIPAL S a► O(seal) -0 (seal) Contractor's Name and CAkde Seal 1;ZSurety's Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name � � Print Name Title Title Attest: Signature Title Title Signature Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor, that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall promptly terms. and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due 7.1 Send an answer to the Claimant, with a copy to the to Claimants, and defends, indemnifies, and holds harmless Owner, within sixty (60) days after receipt of the the Owner from claims, demands, liens, or suits by any Claim, stating the amounts that are undisputed and person or entity seeking payment for labor, materials, or the basis for challenging any amounts that are equipment furnished for use in the performance of the disputed; and Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for paymel any undisputed amounts. O 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 T e rety's failu ischarge obligations Bond shall arise after the Owner has promptly notified the aragrap 7.2 shall deemed to Contractor and the Surety (at the address described in co stitute a veT of defe es he Surety or Paragraph 13) of claims, demands, liens, or suits against the ontrac ay ave or acq r Claim, except Owner or the Owner's property by any person or entity as to u i d amo t foich the Surety and seeking payment for labor, materials, or equipment Claim ve reach Bement. If, however, the furnished for use in the performance of the Construction u ails to a its obligations under Contract, and tendered defense of such claims, demands, ♦ ah 7 e Surety shall indemnify the liens, or suits to the Contractor and the Surety. ` Claimant e asonable attorney's fees the due and owing to the Claimant. fo rn laim tin thereafter to recover any sums 4. When the Owner has satisfied the conditions in Para r h 3, the Surety shall promptly and at the Surety' exp rise G ` defend, indemnify, and hold harmless the Ow Na inst a The S offal obligation shall not exceed the amount of duly tendered claim, demand, lien, or suit. this Bon us the amount of reasonable attorney's fees pAved under Paragraph 7.3, and the amount of this Bond 5. The Surety's obligations to a Claima er�fiis Bon credited for any payments made in good faith by arise after the following: C Surety. 5.1 Claimants who do ve irect co lithe 9• Amounts owed by the Owner to the Contractor under the Contractor, Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, 5.1.1 have furnished a w Otice o noP under any construction performance bond. By the payment to the .ctor, slat th Contractor furnishing and the Owner accepting this Bond, substantial A the amAk&ld�med they agree that all funds earned by the Contractor in the and the nVft Nthe party_i%L vJ#om the materia �/ or uip�ent was, furni o plied om the labor a or perfRt"als it ninety (90) ys er havierformed labor or IN furnisP or equipment includedm; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. 15. 16. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Upon requests by any person or entity appearing t potential beneficiary of this Bond, the Cont t Owner shall promptly furnish a copy of thisi cj permit a copy to be made. Definitions ��/Vl► 16.1 Claim: A written st �1at by t k including at a mi . O1. The name ofthe Claiman 2. The name of the pers ho � th labo was done, or ma ri equipmel�t rn d; 3. A copy of the a& nt or p order pursuant to w labor, i ials, or equipmen nishe �ase in the perfor f the Const n Contract; 4. iie a ription r th labor, materials, or ��/iC oil equiNent furnis 5. The date on hlaimant last performed labor or last f is eaamaterials or equipment for use in the p rformance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 0 Joe a 1� or and 6.4 shall G The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental a ipment used in the Construction Contract, r itectural and engineering services 4eq ire performance of tZhl k of the C and the Contractor's stractors, a ther ite r which a ic's lie a asserte ri�i�jurisdiction /re the materials ipment were ** furnishe N lu 3 Co n Contra agreement between the nd Cont llrfentified on the cover page, p g , �► ing ntDocuments and all changes ade to a agreement and the Contract Docum ts. efault: Failure of the Owner, which has not e emedied or waived, to pay the Contractor as re ired under the Construction Contract or to perform and complete or comply with the other Jmaterial terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 Owner: City of Fayetteville, AR CERTIFICATE OF SUBSTANTIAL COMPLETION Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Watershed Conservation Resource Center Engineer's Project No.: WCRC-21-01 Project: Tanglewood Branch Channel Restoration Contract Name: Tanglewood Branch Channel and Aquatic Habitat Improvement Project Restoration and Aquatic Habitat Improvement Project This [preliminary] [final] Certificate of Substantial Completion applies to: ❑ All Work ❑ The following specified portions of the Work: Date of Substantial Completion . The Work to which this Certificate applies has been inspected by authori representatwner Contractor, and Engineer, and found to be substantially complete. The Date of Subst t�mpleti ;&)?eWor Oortion thereof designated above is hereby established, subject to the provisions of ntract iRfng to S s ntial Completion. The date of Substantial Completion in the final Certificate of Subkr><al Com t�marks encement of the contractual correction period and applicable warranties requir y t to Contr Z�A punch list of items to be completed or corrected is att4c ot is t Th' iy not be all-inclusive, and the failure to include any items on such list does not respons lity of t nZFactor to complete all Work in accordance with the Contract. The responsibilities between Owner and Cont for for secur rat' y, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occup the w call be asded in the Contract, except as amended as follows: [Note: Amendments of contract pons'b' ieVecor a this Certificate should be the product of mutual agreement of Owner and Contractor agra Do al Conditions.] Amendments to Owner's responsibilities: ne As fol Amendments to Contractor's responsibilities: ne As foll The followingdocu a attac and made a art of this Certificate: [punch list; others � p Ip ] This Certificate does of c t a acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obli 0 complete the Work in accordance with the Contract. LE Title Date EXECUTED BY ENGINEER: RECEIVED: RECEIVED: (Authorized signature) Title: Date: Owner (Authorized Signature) Title: Date: Contractor (Authorized Signature) EJCDC° C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology........................................................................................1 1.01 Defined Terms........................................................................................................................ 1 1.02 Terminology........................................................................................................................... 5 Article 2 — Preliminary Matters..................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................... �............. 6 2.02 Copies of Documents ................................................... ........ 6 2.03 Before Starting Construction ................................... .......... ................. 6 2.04 Preconstruction Conference; Designation of hoAzed Re nves ....V . ......... 7 2.05 Initial Acceptance of Schedules .................. .. ...................C/............[�................... 7 n '✓ V 2.06 Electronic Transmittals .........................6.1 ...........Z............eu............................. 7 q Article 3 — Documents: Intent, Re uireme se ............. ............................................8 3.01 Intent.......................................'.................{--\r ....4..............................................8 3.02 Reference Standards......... ........... 11:;� ................................................... 8 V VV�� 3.03 Reporting and Resol crepa� K.!................................................. 8 3.04 Requirements o ntrac ent ........................................................... 9 � 3.05 Reuse of Do e is ....................... .....r�................................................................... 10 Article 4 — Comm ce t and I®ess of the Work...............................................................10 4.01 Comme emen tract Tim otice to Proceed ...................................................... 10 4.02 Starting the !�..�.�..........................................................................................10 4.03 Referen is . ................................................................................................. 10 4.04 Pro s dul . . ........................................................................................................ 10 4.05 D in Con a or's Progress........................................................................................... 11 Article 5 — Ava labi ' n s; Subsurface and Physical Conditions; Hazardous Environmental Conditions.................................................................................................................................12 5.01 Availability of Lands............................................................................................................. 12 5.02 Use of Site and Other Areas................................................................................................. 12 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions 5.05 Underground Facilities ................................ 13 ................................................................... 14 ................................................................... 15 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site....................................................................... 17 Article 6 — Bonds and Insurance..................................................................................................19 6.01 Performance, Payment, and Other Bonds........................................................................... 19 6.02 Insurance —General Provisions............................................................................................19 6.03 Contractor's Insurance......................................................................................................... 20 6.04 Owner's Liability Insurance..................................................................................................23 6.05 Property Insurance............................................................................................................... 23 6.06 Waiver of Rights...................................................................................................................25 6.07 Receipt and Application of Property Insurance Proceeds ................................. 25 Article 7 —Contractor's Responsibilities.............................................................w.. ... 26 .............. 7.01 Supervision and Superintendence ............................... R26 11 ) .............. .. ............ 7.02 Labor; Working Hours ............................................. ............. !............... .... ....... 26 7.03 Services, Materials, and Equipment ............. ..�............... "...... .. ............26 7.04 "Or Equals ..................................................... .......... .. ............ ... ....................... 27 7.05 Substitutes......................................0 . ►......... 28 7.06 Concerning Subcontractors, Sup � �nd .................. .................................... 29 7.07 Patent Fees and Royalties ....... ................. .............. . ........................................... 30 V 7.08 Permits ......................... .�.....................�.................................................31 7.09 Taxes .... . ........ .. .... .. 7.10 Laws and Regu ....... ....... ........ .....• ................................................................. 31 7.11 Record Do ts........... ...................................................................................... 32 7.12 Safet and rotecti �.1.................................................................32 7.13 Safety Represen e........+Lrm ................................................................................ 33 7.14 Hazard C i�ication s....................................................................................... 33 7.15 Emerge cl ............ . ..............................................................................................33 7.16 Sh 'L Wings, S �l�s, and Other Submittals.................................................................. 33 V 7.17<CC l4l�Factor' ral Warranty and Guarantee................................................................... 35 7.18 Indem n....................................................................................................................36 7.19 Delegatidn of Professional Design Services......................................................................... 37 Article 8 — Other Work at the Site...............................................................................................37 8.01 Other Work.......................................................................................................................... 37 8.02 Coordination........................................................................................................................ 38 8.03 Legal Relationships............................................................................................................... 38 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9 —Owner's Responsibilities............................................................................................ 39 9.01 Communications to Contractor............................................................................................ 39 9.02 Replacement of Engineer..................................................................................................... 39 9.03 Furnish Data......................................................................................................................... 39 9.04 Pay When Due......................................................................................................................40 9.05 Lands and Easements; Reports, Tests, and Drawings..........................................................40 9.06 Insurance.............................................................................................................................. 40 9.07 Change Orders......................................................................................................................40 9.08 Inspections, Tests, and Approvals...................................................................... 40 9.09 Limitations on Owner's Responsibilities..................................................... .. ..........40 9.10 Undisclosed Hazardous Environmental Condition.. .... ................ �`...........�}. ....40 O 9.11 Evidence of Financial Arrangements ........................ ......................... ... V... 40 I 9.12 Safety Programs ............................................... .. .................. .. ..............40 Article 10 — Engineer's Status During Constructio ...... ........... .......... ... ....................41 10.01 Owner's Representative ..................* .. ........................... 41 610.02 Visits to Site ................................. .... ......... ................... .................................... 41 10.03 Project Representative ............ +*................. 'v .... . . ............................................ 41 10.04 Rejecting Defective Wor .... ........... . .............. .................................................41 10.05 Shop Drawings, Ch rdersient............................................................41 10.06 Determination it Price ............................................................................42 10.07 Decisions uiremen o ontract Dents and Acce tabilit of Work.................42 p Y 10.08 Limit ion on Engi uth . and Responsibilities....................................................42 10.09 Compliance wit e y Progr m...••••................................................................................42 Article 11— Amendin ntrac ments; Changes in the Work......................................43 11.01 Amendi Supp ing Contract Documents...........................................................43 2 11.0O -A t oriz ages in the Work.............................................................................43 11.0 nMithoriz nges in the Work..................................................................................... 44 11.04 Chang tract Price......................................................................................................44 11.05 Change Contract Times....................................................................................................45 11.06 Change Proposals.................................................................................................................45 11.07 Execution of Change Orders................................................................................................. 46 11.08 Notification to Surety........................................................................................................... 46 Article12 —Claims ....................................................................................................................... 46 E1CDC11 C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims...................................................................................................................................46 Article 13 — Cost of the Work; Allowances; Unit Price Work.......................................................48 13.01 Cost of the Work.................................................................................................................. 48 13.02 Allowances........................................................................................................................... 50 13.03 Unit Price Work....................................................................................................................50 Article 14 — Tests and Inspections; Correction, Removal or Acceptance of Defective Work ........ 51 14.01 Access to Work..................................................................................................................... 51 14.02 Tests, Inspections, and Approvals........................................................................................51 14.03 Defective Work................................................................................................... 52 14.04 Acceptance of Defective Work.................................................................w.. �..........53 14.05 Uncovering Work ....................................................... ..R) .............. ............ �... 53 14.06 Owner May Stop the Work ....................................... ... ..................... .... 53 0I. 14.07 Owner May Correct Defective Work. ....................... .. .�............ 54 Article 15 —Payments to Contractor; Set -Offs; Comple ' ; Corr Period �...............54 15.01 Progress Payments ..........................� .16.......... . ........ �'........................... 54 15.02 Contractor's Warranty of Title.. ......... ��.................................... 57 15.03 Substantial Completion ..........►.........................................57 15.04 Partial Use or Occupan,. `No.......... ........................................................... 58 V 15.05 Final Inspection.... .. ...�.........................................................59 15.06 Final Payment................................................................................... 59 15.07 Waiver of ..........................�................................................................... 60 15.08 Corre ion eriod ... .. �...................................................................................... 60 Article 16 —Suspension of and Ter iS11?t ion...................................................................... 61 w 16.01 Owner M end WOa ............................................................................................... 61 16.02 Owner a erminuse.........................................................................................61 16.03 O %jVla Terna e For Convenience............................................................................. 62 16.0 o ractor op Work or Terminate............................................................................ 63 Article 17 — Final R n of Disputes..................................................................................... 63 17.01 Methods and Procedures..................................................................................................... 63 Article 18 — Miscellaneous.......................................................................................................... 64 18.01 Giving Notice........................................................................................................................64 18.02 Computation of Times.......................................................................................................... 64 18.03 Cumulative Remedies.......................................................................................................... 64 E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages......................................................................................................... 64 18.05 No Waiver.............................................................................................................................64 18.06 Survival of Obligations......................................................................................................... 64 18.07 Controlling Law.................................................................................................................... 64 18.08 Headings...............................................................................................................................64 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Con r, that sets forth the Contract Price and Contract Times, identifies the parties +e�ngineer, and designates the specific items that are Contract Do Jr nts.`` 3. Application for Payment —The form acceptable gineer C r which Te used by Contractor during the course of the W L, reques ' gress o yments and which is to be accompanied by su pr$ sting do tation uired by the Contract Documents. rV � G e) 4. Bid —The offer of a Bidder subm 4 the p d for forth the prices for the Work to be performed. 5. Bidder —An individual or enjty at sub id to► > n 6. Bidding Documents— Bidding q "remen roposed Contract Documents, and all Addenda. 7. Bidding Regis—T tisem �itation to bid, Instructions to Bidders, Bid Bond o Bid s curl any, he i Form, and the Bid with any attachments. 8. Chan r—A d t which is signed by Contractor and Owner and authorizes a add" , dele " r rev" ion iro'the Work or an adjustment in the Contract Price or the tract Ti r other n to the Contract, issued on or after the Effective Date of the Cont 9. Chang sal —A Nf1h request by Contractor, duly submitted in compliance with the uraI r ents set forth herein, seeking an adjustment in Contract Price ct Ti both; contesting an initial decision by Engineer concerning the ireme the Contract Documents or the acceptability of Work under the ntrac ents; challenging a set-off against payments due; or seeking other relief wi r e t the terms of the Contract. 10. Clai —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Pagelof64 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardo, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written tract betw Owner and Contractor concerning the Work. n. d 13. Contract Documents —Those items so designate ' he Agr n�, anh�ggether comprise the Contract. 14. Contract Price —The money that Owne�' ''�'�►►��greed Contra r r completion of the Work in accordance with the C raciDoc 15. Contract Times —The numbe dar days the dat w ich Contractor shall: (a) achieve Milestones, if an"V-chiev � ch tantial ion; and (c) complete the Work. • Z51 G 16. Contractor —The ind' I or enti it which `has contracted for performance of the Work. 17. Cost of the 'See Pa I. fir ition. 18. Drawings T part e ontrac graphically shows the scope, extent, and ch ir he W e performed by Contractor. 19. Ef ti Date t Contr e date, indicated in the Agreement, on which the Contract bec �fecti e� 20. Engin r e Inds I r entity named as such in the Agreement. For the purposes of t ement, t e tershed Conservation Resource Center is the Engineer. 21. r— . t n order issued by Engineer which requires minor changes in the k but t change the Contract Price or the Contract Times. Hazar vironmental Condition —The presence at the Site of Constituents of Co such quantities or circumstances that may present a danger to persons or pro rty exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2of64 24. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A 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 the Work. w 29 30. 31 32. 33. Owner —The individual or entity with which Contractor has contracted arding the Work, and which has agreed to pay Contractor for the performa the Work, pursuant to the terms of the Contract. The Owner for purposes of sect is the City of Fayetteville, AR. O Progress Schedule —A schedule, prepared and i ained b actor, d sc i ing the sequence and duration of the activities co ri in the tor's I m lish q ` g p p the Work within the Contract Times. �� �w Project —The total undertaking to b .colt Iis—�wJner b eers, contractors, J g p and others, including plannin Design, ctio i , commissioning, and start-up, and of which the be p_erlQrm un erContract Documents is a part. • Project Manual —The tkitten docu epa r made available for, procuring and constructing th, inclu t not limi o the Bidding Documents or other constructionen oent technical and existing conditions information,k�e�7gre on I�, ,General Conditions, Supplementary Condition �pecifi ion . he c to s of the Project Manual may be bound in one or mort�iies.► —Tfe authorized representative of Engineer assigned to et herein, the term Resident Project Representative or field staff of Resident Project Representative. 4t&h dule requir4 35 Wiles of materials, equipment, or workmanship that are portion of the Work and that establish the standards by which rk will be judged. �'nu mittals—A schedule, prepared and maintained by Contractor, of plttals and the time requirements for Engineer's review of the submittals rmance of related construction activities. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3of64 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, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a s��ecified part thereof) is sufficiently complete, in accordance with the Contract Docu-1el'ss, so that the Work (or a specified part thereof) can be utilized for the pure s o�0 which it is intended. The terms "substantially complete" an stantially c ;$ted" a plied to all or part of the Work refer to Substantial CW nt4S,d 41. Successful Bidder —The Bidder whose Bid � gvv*Ar ace tow ;Owner makes an award of contract, subject to a e conditio 42. Supplementary Conditions —Thep oft ontra mends r s plements these General Conditions. `�� . 43. Supplier —A manufacturer,-4 rd or, su Iler, dlstr bumaterialman, or vendor having a direct contract with CEractor I an S ntractor to furnish materials or equipment to be inK-0 polated in t V r by ri1� or or a Subcontractor. 44. Technical Data—T ositems ssly ide d as Technical Data in the Supplementary ons, i r ect er (a) subsurface conditions at the Site, or physical i s rel t ex�is '� e or subsurface structures at the Site (except U and ilitl orHaous Environmental Conditions at the Site. If e press id ti ations of nical Data have been made with respect to coat the Si e, hen the datitcontained in boring logs, recorded measurements ofacepri"rg r level�ns ratory test results, and other factual, objective information �co ditit the Site that are set forth in any geotechnical or environ M�'I�re o t' ed for the Project and made available to Contractor are p 1 hereb ed as T I Data with respect to conditions at the Site under Paragraphs 5.03r, and 5 ���JJJJ"'' 45. erground �es—All underground pipelines, conduits, ducts, cables, wires, anholes v Ts, tanks, tunnels, or other such facilities or attachments, and any encas e t�clontaining such facilities, including but not limited to those that convey ele gases, steam, liquid petroleum products, telephone or other corn unications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4of64 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms orAdjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or imp re used to describe an action or determination of Engineer as to the Work. It is i dthat such exercise of professional judgment, action, or deter ination will b �o evaluate, in general, the Work for compliance with the infor ti in the C Docu s and with the design concept of the Project as a fu g whol sown or ' ed in the Contract Documents (unless there is a�eri ate ecating e). The use of any such term or adjective is no {'e11�ed to a not tive to assign to Engineer any duty or authority to s p r is or d' e perf ce of the Work, or any duty or authority to underta res on y trary t ovisions of Article 10 or any other provision of t �C1Q ct Doc C. Day: • 1. The word "day" mea a cAendar da ou ed from midnight to the next midnight. D. Defective: �%�►� V � • 1. The word tive," w 1�nodi g�ord "Work," refers to Work that is unsatisfac Qrr aulty, eflclent In at : a. QP4"M�,/ot conf�tm o the ContAct Documents; or b.es nothe requi nts of any applicable inspection, reference standard, test o oval ref red o in the Contract Documents; or C. h dam Fior to Engineer's recommendation of final payment (unless 9$e dnsibili a protection thereof has been assumed by Owner at Substantial pleti a cordance with Paragraph 15.03 or 15.04). E. us , Install m, Provide: 1.Th w f nish " when used in connection with services materials orequipment, sha to supply and deliver said services, materials, or equipment to the Site (or som other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5of64 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 2.02 2.03 Delivery of Bonds and Evidence of Insurance `O A. Bonds: After execution of contract from both part S Aractor to Ow00% Performance Bond and 100% Payment Bond Contra o s requlr oMrnish. B. Evidence of Contractor's Insurance: After exe u i of contra bot p I `�/' ontractor shall also deliver to Owner, with copies to named i and al insured (as identified in the Supplementary ConclitioXor sew e�e Cont re certificates and other evidence of insurance requiree rovid ntra Iordance with Article 6. Iq C. Evidence of Owner's Insurance: �te receipt execlo nterparts of the Agreement and all required bonds a* Insurance entayvner shall promptly deliver to Contractor, with copies nam red andonal insured (as identified in the Supplementary CondVvy r of ei�Qvl , the dates and other evidence of insurance required to be pr O er Ar Copies of Documeni� A. Owner INnish to o ractor fourArinted copies of the Contract (including one fully executc Jnterpa a Ag nt), and one copy in electronic portable document format (PDF). Ad 'o I printed opies will be furnished upon request at the cost of M Before N1 t least one original printed record version of the fications signed and sealed by Engineer and other such original printed record version of the Contract ✓ner may delegate the responsibilities under this Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6of64 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writin 4 %i Ic individual to act as its authorized representative with respect to ervices and nsibiliti under the Contract. Such individuals shall have the authoansmit celve i tion, render decisions relative to the Contract, and otheYvie act o afof e r pective party. �► 2.05 Initial Acceptance of Schedules � G A. At least 10 days before submissioq e firs Z!I'Con �en t a conference, attended by Contractor, Engine SZ>ers as ropria ill held to review for acceptability to Engineer as prov below chedule ub itted in accordance with Paragraph 2.03.A. Contractor s�all ave a a itional' s to make corrections and adjustments and to comp a and resu a sc N No progress payment shall be made to Contractor until citable les are ub ed to Engineer. 1. The Progre s Wle accep4a a Engineer if it provides an orderly progressio Wor to�pleti wi*t e Contract Times. Such acceptance will not imps Engin responsib or the Progress Schedule, for sequencing, 2.06 sc u 'n(� or pro f the Wgrk, nor interfere with or relieve Contractor from C tra or's full sibili erefor. 2. Contractor's a ule of Su ittals will be acceptable to Engineer if it provides a workabl em & viewing and processing the required submittals. 3. Con TS Sche ``Values will be acceptable to Engineer as to form and substance If' I es a r�ble allocation of the Contract Price to the component parts of the A. Except wise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may trap mlt, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7of64 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed o s derived from such electronic or digital versions) and the printed record version,, t el(ted record version shall govern. D. The Contract supersedes prior negotiations, rep ons, a emen ther written or oral. I E. Engineer will issue clarifications and interp do of theOCt Do as provided herein. n' (� 3.02 Reference Standards •6. V A. Standards Specifications, Codes, nd Re on Q 1. Reference in the Contractp ocuments o nda cations, manuals, reference standards, or codes oh rr technica 'e y, or t n, or association, or to Laws or Regulations, whethlich refe be sp cifi r by implication, shall mean the standard sped ' m a r rend dard, code, or Laws or Regulations in effect at the of open ids Effective Date of the Contract if there were no I exce as ay b of rwlse specifically stated in the Contract Docum n 2. N ro ision of Ch st d specification, manual, reference standard, or code, or any Instru a Supplie shall be effective to change the duties or responsibilities of Owner r ctor• Ineer, or any of their subcontractors, consultants, agents, or em , from et forth in the part of the Contract Documents prepared by or f neer. provision or instruction shall be effective to assign to Owner, or heir officers, directors, members, partners, employees, agents, ultant ubcontractors, any duty or authority to supervise or direct the rform of the Work or any duty or authority to undertake responsibility inc s e t ith the provisions of the part of the Contract Documents prepared by or for r. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page8of64 3.04 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. • 3. Contractor shall not be liable to Owner or Engin r failure t any conflict, error, ambiguity, or discrepancy in the Contr uments Contrr had actual knowledge thereof. �Sc �GJ! B. ResolvingDiscrepancies: � p �O 1. Except as may be otherwise speci%a��satecl Contr pocuments, the rovisions of the art of the Contra red b n ineer shall take p p Y g precedence in resolving an�gt 6-e �ity, s ancy between such provisions of the Contract Ds a a. the provisions of any n and sp I i ion, a eference standard, or code, or the instructio of any Sup1 het r of specifically incorporated by reference as a I on ct DocyfFj�i t);_or�� b. the provi ' an r Reg+wl oo applicable to the performance of the Work suc an pret on e provisions of the Contract Documents wo e It in vi 'on of such r Regulation). Pn#'M'f rnntrnr rlFumpntt v A. During t perfor of the nd until final payment, Contractor and Owner shall submit to the E r all�m t ers question concerning the requirements of the Contract Document s (i times X Vto as requests for information or interpretation —RFIs), or relating t ccepta i the Work under the Contract Documents, as soon as possible after ywtkojfters a e. ngineer will be the initial interpreter of the requirements of the Corte ocume47,; d judge of the acceptability of the Workthereunder. B.4vgiTP�er wil reasonable promptness, render a written clarification, interpretation, or de``cislo is ue submitted, or initiate an amendment or supplement to the Contract Docume . gineer's written clarification, interpretation, or decision will be final and binding o Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9of64 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or t 9t,ion of the Contract. Nothing herein shall preclude Contractor from retaining c Lithe Contract Documents for record purposes. Q' < 0 e6 v ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WO K 4.01 Commencement of Contract Times; Notice to Pr e d A. The Contract Times will commence tQ r'6r( t e t FtZy of r ective Date of the Contract or, if a Notice to Procee n the icat t Notice to Proceed. A Notice to Proceed may be given time n 30 da aft the Effective Date of the Contract. In no event will the C(ntr ct Tim c menoe n later than the sixtieth day after the day of Bid opening or the thir ' y a fective Date of the Contract, whichever date is earlier �► 4.02 Starting the Work �► �� A. Contractor shal o per rm Wor n date when the Contract Times commence to run. No h II be d e t the Site p1�i�i�t0 such date. V" p 4.03 Reference P ints O A. Owner sha I provi neering S veys to establish reference points for construction which in Engineer's ' nt are+essary to enable Contractor to proceed with the Work. Contractor a resp for laying out the Work, shall protect and preserve the establish erenc and property monuments, and shall make no changes or reloc hou for written approval of Owner. Contractor shall report to Engineer r any ce point or property monument is lost or destroyed or requires to ion b of necessary changes in grades or locations, and shall be responsible for th acc at e I ement or relocation of such reference points or property monuments by professi alified personnel. 4.04 Progress Sche ule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10of64 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment bein essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price ct Times for delay, disruption, or interference caused by or wiDe e contro ntract . elay, disruption, and interference attributable to and contri� a Subc or or Supplier shall be deemed to be within the cont I 10' trac or C. If Contractor's performance or progress dNyed, d' &d, or red with by unanticipated causes not the fault of an eyo he conj Owner or actor, and those for which they are responsible, then Co for s title uitable adjustment in Contract Times. Contractor's nt to a d-ustm f the Contract Times is conditioned on such adjustment bssent ontract 's a ility to complete the Work within the Contract Times. Su50 an adjus a shall tractor's sole and exclusive remedy for the delays, disktion, and i enc Ii d in this paragraph. Causes of delay, disruption, or inte er rTce that ve rise o a justment in Contract Times under this paragraph inclu are n Ii tot wing: 1. severe an ida e n I ca s r s such as fires, floods, epidemics, and earthqu 2. a or eather nn itions; 3. acts faiIur t of utili o ners (other than those performing other work at or adjacent tt to by aLi ng ent with the Owner, as contemplated in Article 8); and 4. acts oAr terror D. Delays ion, aerference to the performance or progress of the Work resulting fro xistenca differing subsurface or physical condition, an Underground Facility h s not s vor Indicated by the Contract Documents, or not shown or indicated with r onable cy, and those resulting from Hazardous Environmental Conditions, are govern icle S. E. Paragrap 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11of64 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a currNstatement of record legal title and legal description of the lands upon which permane ovements are to be made and Owner's interest therein as necessary for givin of or filing a mechanic's or construction lien against such lands irl cc dance wi �icable s and Regulations. 0, C. Contractor shall provide for all additional lands clAccess t oat may fired for temporary construction facilities or storag malerials an pmerit. 5.02 Use of Site and Other Areas G � � V A. Limitation on Use of Site and OtherpArl✓ 1. Contractor shall confine cons ion eqtem ary construction facilities, the storage of materials and egdipment, an tl `oper f workers to the Site, adjacent areas that Contrac has arran o use h construction easements or otherwise, and of a jacent ermitt b ws and Regulations, and shall not unreasonably er e nd her adjacent areas with construction equipment OIN er mater s equ' tractor shall assume full responsibility for (a) d a to th te; b) da(geo any such other adjacent areas used for Con a opera ' ) dama to any other adjacent land or areas; and (d) for i I rle d loss sine y tEie owners or occupants of any such land or areas; pro ' d that amage o ies result from the performance of the Work or from other actio�onduct f th Contractor or those for which Contractor is responsible. 2. If a da r injur ' is made by the owner or occupant of any such land or area bec s the p nce of the Work, or because of other actions or conduct of the n r or e for which Contractor is responsible, Contractor shall (a) take ediate tive or remedial action as required by Paragraph 7.12, or otherwise; pro tempt to settle the claim as to all parties through negotiations with such ow rc pant, or otherwise resolve the claim by arbitration or other dispute res I n proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regu tions, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 12of64 5.03 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any &NU ure to be loaded in any manner that will endanger the structure, nor shall Contra& 0Vendang ject any part of the Work or adjacent structures or land to stresses g`f'essures that0:, em. Subsurface and Physical Conditions �v � W1 A Reports and Drawings: The Supplementary Co t s identi �O 1. those reports known to Owner of exp r i ns and fsubsu subsu V-1 nditions at or adjacent to the Site; • 2. those drawings known to O ysical c ditions I In o existing surface or subsurface structures at the ' e xce t r round dill ' s • and p g ), 3. Technical Data contain,ed iO'such rep q� dra, Reliance by Contractor of the Technical Datao such reports and i such express id l the Technic a (as report pNwA for th on Teck4dData, C Engineer, or an consultants, orw n cal D thorized: MvTactor may rely upon the accuracy 6e4(l f In t e plementary Conditions with respect to ort ings are not Contract Documents. If no ma , t Contractor may rely upon the accuracy of i Article 1 tained in any geotechnical or environmental and maAe available to Contractor. Except for such reliance of rely upon or make any claim against Owner or ce , directors, members, partners, employees, agents, Wth respect to: u i' sreports and drawings for Contractor's purposes, including, but Naspects of the means, methods, techniques, sequences, and ,truction to be employed by Contractor, and safety precautions and thereto; or ilterpretations, opinions, and information contained in such reports or icated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13of64 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate;or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before f 11mrldisturbing the subsurface or physical conditions or performing any Work in ievton therewith (except in an emergency as required by Paragraph 7.1 n fy Owner gineer' riting about such condition. Contractor shall not furthe such on or any Work in connection therewith (except with r spelt an ecy) u pt of a written statement permitting Contractor to B. Engineer's Review: After receipt of wri en n ' e as re by the re ding paragraph, Engineer will promptly review the sub ce or y condi ' uestion; determine the necessity of Owner's obtai ional ex ration sfswith respect to the condition; conclude whether the ion f hin any more of the differing site condition categories in Paragraph .04.A obta# n pertinent cost or schedule information from Cont!: kor; prepar ms to Owner regarding the Contractor's resumption rk in c ion with t ubsurface or physical condition in question and the neeVVY i e Dr s or Specifications; and advise Owner in writing of Engine i Ings, ons, +el,C mendations. C. Owner's Stat e to Co ctor Rego 'nc Site Condition: After receipt of Engineer's written ' d g nclu ' nd reco endations, Owner shall issue a written statement to Con act r with to E ' eer) regarding the subsurface or physical condition in question, dress n resumpt f Work in connection with such condition, indicating whether any ch the�Dr ing or Specifications will be made, and adopting or rejecting Engineer's r findin c usions, and recommendations, in whole or in part. D. Possible i nd Ti stments: 1. t actor sh entitled to an equitable adjustment in Contract Price or Contract es, or o , o the extent that the existence of a differing subsurface or physical Condit' n,�any related delay, disruption, or interference, causes an increase or de Contractor's cost of, or time required for, performance of the Work; subject, how ver, to the following: such condition must fall within any one or more of the categories described in Paragraph 5.04.A; with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;and, E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14of64 5.05 C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: 3. 4. a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or stu of the Site and contiguous areas expressly required by the Bidding Requireme Contract Documents to be conducted by or for Contractor prior to Cont l►� or making such commitment; or N D' C. Contractor failed to give the written notic wiredKgraph W If Owner and Contractor agree regarding Nnllifactor'�s t e ent to mount or extent of any adjustment in the Co ice or t Time th, then any such adjustment shall be set forth & a Cfi ge Ord AV Contractor may submit a Chan L sal re0its a to or the amount or extent of any adjustment in 30 days after Owner's issua c regarding the subsurfire olphysical A Underground Facilities [+ A. es, or both, no later than n statement to Contractor Contractor's Resporte►Ofes: T &rlmOatioip to shown or indicated in the Contract Documents witV on information Facilitie - lu Supple en ry 1. Owner and such info 2. the hre revie Fa b. ' ender u, a lities at or adjacent to the Site is based to Ownv,.oVEngineer by the owners of such Underground othe j. Unless it is otherwise expressly provided in the Irrant or guarantee the accuracy or completeness of any ded by others; and ng will be included in the Contract Price, and Contractor shall Ad checking all information and data regarding existing Underground the Site; ig all Underground Facilities shown or indicated in the Contract Documents s being at the Site; C. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15of64 C. IC E becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, con C sions, and recommendations. During such time, Contractor shall be responsible for fety and protection of such Underground Facility. •`` Owner's Statement to Contractor Regarding Undergr d cility: Af ipt of eer's written findings, conclusions, and recommendation er shall * s writt ment to Contractor (with a copy to Engineer) rega K,nk► Un r d Facil lestion, addressing the resumption of Work in Conn nNith suc rou ac y, indicating whether any change in the Drawings or. Spe Ifi ions wil de, an ting or rejecting Engineer's written findings, conclusions nd r co ns in r in part. Possible Price and Times Adjustm •X 1. Contractor shall be entitled toe uita d stm n he Contract Price or Contract q � Times, or both, to the teet that an g U r d Facility at the Site that was not shown or indica he Co �ocume was not shown or indicated with reasonable accu r an dela , Isru tion, or interference, causes an Y � P increase or e e in C is cotime required for, performance of the Work; sub' ev to olioQnR\:a.C motor did w of andd not reasonably have been expected to be rof or tt v anticipateAthe existence or actual location of the Underground 2. at is paid for on a unit price basis, any adjustment in ect to the provisions of Paragraph 13.03; NNIement to an adjustment of the Contract Times is conditioned on ant being essential to Contractor's ability to complete the Work within Times; and r gave the notice required in Paragraph 5.05.13. If 0T��'hd Contractor agree regarding Contractor's entitlement to and the amount or ex ent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16of64 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for su eliance on Technical Data, Contractor may not rely upon or make any claim against O r Engineer, or any of their officers, directors, members, partners, employees, a nsultants, or subcontractors with respect to: O n- 1. the completeness of such reports and drawings r ontracOniques poses, i cl �i,nng, but not limited to, any aspects of the me �s,method, es and procedures of construction to be em o a aY Contr nd saf cautions and programs incident thereto; or G V 2. other data, interpretations, 0 1 'wand in on Ir in such reports or shown or indicated in such ;or 3. any Contractor interpretat�etan o or co n dra "�.7"" any Technical Data or any such other data, inter tions, op' r infn. C. Contractor shall no espon ' or rem vin or remediating any Hazardous Environmental Co i enc uncp or revealed at the Site unless such removal or rem f11on is xprr iden ' U Contract Documents to be within the scope of the D. Contra sbe resp s e for contrAling, containing, and duly removing all Constituents of Conrought e Site b ractor, Subcontractors, Suppliers, or anyone else for whom Contractor sponsib , a for any associated costs; and for the costs of removing and remediat' Contractor zh nvironmental Condition created by the presence of any such Cons of Co E. If Con ncounruncovers, or reveals a Hazardous Environmental Condition whose re o remed is not expressly identified in the Contract Documents as being within �h e of th , or if Contractor or anyone for whom Contractor is responsible creates a azardo onmental Condition, then Contractor shall immediately: (1) secure or otherwi e such condition; (2) stop all Work in connection with such condition and in any area ffected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly 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 condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17of64 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose aset-off. H. If after receipt of such 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 uncl^ch special conditions, then Owner may order the portion of the Work that is in the affected by such condition to be deleted from the Work, following contractualy� procedures in Article 11. Owner may have such deleted portion o t(ork perf �i y Ow own V Q forces or others in accordance with Article 8. V I. To the fullest extent permitted by Laws and u}ations, Chall in e nd hold harmless Contractor, Subcontractors, and n ine r, and Icers, rs, members, partners, employees, agents, consultan and co tr of eac d ny of them from and against all claims, costs, losses, vnage I g bited to all fees and charges of engineers, architec , ������n//eeys, and her pr slonals and all court or arbitration or other dispute reso ' n cost a ' ing ou>Qf o relating to a Hazardous Environmental Condition, provided that su and ci %v onmental Condition (1) was not shown or indicated i the Drawi s, pecifi i r other Contract Documents, identified as Technical C tl t entitled ited reilian pursuant to Paragraph 5.06.13, or identified in the Coocu 1% e i� within the scope of the Work, and (2) was not createdn ractor any o Contractor is responsible. Nothing in this Paragrap shall liga e Own rto�Indemnify any individual or entity from and against the �� ence t individual s or entity's own negligence. I J. To the Ile extent ed band Regulations, Contractor shall indemnify and hold harmless wner ineer, an the officers, directors, members, partners, employees, agents, consul nd sl4br.ractors of each and any of them from and against all claims, costs, loss damaOer luding but not limited to all fees and charges of engineers, architect rneys, professionals and all court or arbitration or other dispute reso) s) a ' �»ut of or relating to the failure to control, contain, or remove a o nt of C brought to the Site by Contractor or by anyone for whom Contractor ronsibl r o a Hazardous Environmental Condition created by Contractor or by an one or h m ontractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contrac demnify any individual or entity from and against the consequences of that individua or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18of64 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds 6.02 A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provide erwise by Laws or Regulations, and shall be executed by such sureties as are namCompanies Holding Certificates of Authority as Acceptable Sureties on Federal Bo s Acceptable Reinsuring Companies" as published in Circular 570 nded an ment y the Financial Management Service, Surety Bond Branch, partmei e Tre . bond signed by an agent or attorney -in -fact must e n aye paed certifi of that individual's authority to bind the surety. e ' ence o rity w a I that it is effective on the date the agent or attorneyAn VIt signe comps ond. C. Contractor shall obtain the requiredb rom s e pa are duly licensed or authorized in the jurisdiction in Project i Gated ue onds in the required amounts. D. If the surety on a bond fur shelf by Cont is de krupt or becomes insolvent, or its right to do busine rminat y stat r risdiction where any part of the Project is located, or ety ce meet t e re uirements above, then Contractor shall promptly notif r a er and ithin 20 days after the event giving rise to such notifica ' Ovid a""`Yf' bon ane y, both of which shall comply with the bond and Sur r uirem bove. E. If Cont c o s failed tain a requ4ed bond, Owner may exclude the Contractor from the Site exercis er's ter .on rights under Article 16. F. Upon request, shill ALLi a copy of the payment bond to any Subcontractor, Supplier, o o perso ity claiming to have furnished labor or materials used in the performa the W r Insurance I Pr s (, c A. Is 175—r shall obtain and maintain insurance as required in this Article and in Conditions. red by the Contract to be purchased and maintained by Owner or abtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19of64 C E F G. W maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endor,-ments, and documentation of applicable self -insured retentions and deductibles. Own I block out (redact) any confidential premium or pricing information containe ny policy or endorsement furnished under this provision. Failure of Owner or Contractor to demand such ce� s or of r idence other art 's full compliance with these insurance re it PTits o f u*f Own tractor p Y p to identify a deficiency in compliance from aIF ence pr I ,shall b onstrued as a waiver of the other patty's obligation to o t i and m uch in e. If either party does not purchase orandMW'n all t ran fed of such party by the Contract, such party shall n mother part nn writin such failure to purchase prior to the start of the Work, o uch fto mai in p for to any change in the required coverage. v [�, ��` If Contractor has failed t �in and tan requi jjlsurance, Owner may exclude the Contractor from the pose ra 'propriat set -toff against payment, and exercise Owner's termina i ri s un r le 16. • �� Without preju any er ght orQemisy, if a party has failed to obtain required insurance, t Zikier parW elect to equivalent insurance to protect such other party's ter at the Wse of the p�ty who was required to provide such coverage, and the Con Price I Ile adjust rdingly. I. Owner does n s e nj tjaitin urance coverage and limits established in this Contract necessariladequ rotect Contractor or Contractor's interests. J. The ins rand in limits required herein shall not be deemed as a limitation on Cont t ' labil' er the indemnities granted to Owner and other individuals and n n the 6.03 Contr or's Ins a A. Workers o p nsation: Contractor shall purchase and maintain workers' compensation and employer liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20of64 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (oc rl11P ce form) and include the following coverages and endorsements: 1. Products and completed operations coverage: O a. Such Insurance shall be maintained for thr ars afte&4aymen b. Contractor shall furnish Owner an e other ad ins e entlfled in the Supplementary Conditions Isewhere t e Co evidence of continuation of such insuranc t fi pa I� three hereafter. 2. Blanket contractual liability �cc o the e nt permi b aw, including but not limited to coverage of Contr6r� contr I indem o ations in Paragraph 7.18. 3. Broad form property damage coov/vera e. G 4. Severability of inter 5. Underground, n, a c a e co♦v 6. Personal) vera e. 7. Additi i ured r ments that clude both ongoing operations and products a co eted o t ns c through ISO Endorsements CG 20 10 10 01 and CG 20 0 01 ( e er); or 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For d i rofessl dditional insureds, ISO Endorsement CG 20 32 07 04, "Ad I Insur��F ?gineers, Architects or Surveyors Not Engaged by the Named I► r itsivlRlent. D. uEq/i}cbile lia ' ' ontractor shall purchase and maintain automobile liability insurance aainst clai damages because of bodily injury or death of any person or property d a m a g Lout of the ownership, maintenance, or use of any motor vehicle. The autornobNeMability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21of64 insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, 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 (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional desi ervices or otherwise, then Contractor shall be responsible for purchasing and main applicable professional liability insurance. This insurance shall provide protection claims arising out of performance of professional design or relat d e ices, and by a igent error, omission, or act for which the insured part Ily liafiall b ained throughout the duration of the Contract and fNraw' u o ears a tantial Completion. If such professional design ser .perfor a Su or, and not by Contractor itself, then the requirement o is para ay be led through the purchasing and maintenance of such ini��e by s ontrac General provisions: The policies o requir by this Pra 6.03shall: 1. Include at least the specific co ages pr in this cle``. 2. be written for not le than the li liab' ided in this Article and in the Supplementary Con I 11g11'�, or re y Laws o gulations, whichever is greater. V 3. contain a prov' I en a erTit that�verage afforded will not be canceled, materially c d, or ren ref I if'�a least 10 days prior written notice has been giv t ontra ithin t ee ays of receipt of any such written notice, Co tall pro ' opy ofth notice to Owner, Engineer, and each other insured u er e policy 1' tN l\ 31 payment (and longer if expressly required in this r when Contractor may be correcting, removing, or iarranty or correction obligation, or otherwise, or her tasks arising from the Contract Documents. 5. I1pr=opria*Ar'1'the Work being performed and provide protection from claims that y arise f"Yor/or result from Contractor's performance of the Work and Contractor's other n.Nons under the Contract Documents, whether it is to be performed by Co any Subcontractor or Supplier, or by anyone directly or indirectly employed by a of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22of64 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed a basis, in the amount of the full insurable replacement cost thereof (subject to eductible amounts as may be provided in the Supplementary Conditions or rQq�i by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named in r ds, and ucontrac r �nnd any individuals or entities required b the Su ellientar i ns to under q Y Y such builder's risk policy, as insureds o n me insure purpos a remainder of this Paragraph 6.05, Paragraphs k06 a$K.07, anog orres di Supplementary Conditions, the parties required o e ins co be referred to as Insureds. � v '` risk �Krisk"� rm 4h all at least include insurance Ao thE t por ngs, falsework, and materials ,and sha Ne again t ast the following perils or causes indst r , lot; civil co otion; terrorism; vehicle impact; gVnd malli ischief; mechanical breakdown, boiler t Eeg ted e t ur ent; earthquake; volcanic activity, and .flood; c explosion; debris removal; demolition rnt of Lav$4 and Regulations; water damage (other than that oil perils or causes of loss as may be specifically required ,ndiVons. If insurance against mechanical breakdown, boiler ene`rated electric current; earthquake; volcanic activity, and flood, are not commercially available under builder's risk or otherwise, such insurance may be provided through other ble to Owner and Contractor. ty, at least the following: (a) the Work and all materials, 3ratus, equipment, fixtures, and other property of a similar ncorporated into or used in the preparation, fabrication, r completion of the Work, including Owner -furnished or re parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers andarchitects). E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23of64 Q C. C 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage o e��th respect to any defective workmanship, design, or materials EQc ions. 12. Include performance/hot testing and start-up.� 13. be maintained in effect, subject to tlrovisions re a u stantial Completion and partial occupancy of u of the We y Own I the Work is complete. • Notice of Cancellation or Change: licies o suranc certificates or other evidence thereof) required to p rchas d main ine In accordance with this Paragraph 6.05 will contain a prQvis n or a mentth t e coverage afforded will not be canceled or materially iangged or re ref at least 10 days prior written notice has been given tctlhfNpurcha Ilcyholde thin three days of receipt of any such written notice, chas' hol e II provide a copy of the notice to each otherinsured. Deductibles: Trchaser ny requir bder's risk or property insurance shall pay for costs no o(eN becau a applica ion of a policy deductible. V Partial cc ancy or Own Owner will occupy or use a portion or portions of the Work prior to Su I Comple? n of all the Work as provided in Paragraph 15.04, then Owner (direct is thE ser of the builder's risk policy, or through Contractor) will Drovide nohc such 3V ncv or use to the builder's risk insurer. The builder's risk &bed or permitted to lapse on account of any such partial use or ortions of the Work that are occupied or used by Owner may come y, while those portions of the Work not yet occupied or used by !d by the builder's risk insurance. ntractor elects to obtain other special insurance to be included in s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24of64 . e. 6.07 Waiver of Rights A 91 C. N All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, 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 and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, direct , embers, partners, employees, agents, consultants, and subcontractors of each and an t mm, under such policies for losses and damages so caused. None of the above wa e s s all extend to the rights that any party making such waiver may hav e procee suranc field by Owner or Contractor as trustee or fiduciary, or othe Vi44able u y poli ued. Owner waives all rights against Contractor, SuNo'consult yM ors, neer, fficers, ees directors, members, partners, employ, f� su tr ors of each and any of them, for: � G 1. loss due to business interruption,(� of u ZTier c 1 ►ntial loss extending 6o beyond direct physical loss age to Ow r s prop or the Work caused by, arising out of, or resulting fre or o e erils w he r not insured by Owner; and 2. loss or damage to t plete e"t or pareof caused by, arising out of, or resulting from fi ther i 'peril or ause of loss covered by any property insurance m i ai on a letedf *ee r part thereof by Owner during partial occupancy purs ant arag p 4, after Substantial Completion pursuant to Para g i 5.03, or r final pay pursuant to Paragraph 15.06. payment of any recovery ao members them. _ d by Oweer covering any loss, damage or consequential loss 3 ontain provisions to the effect that in the event of )ge, r consequential loss, the insurers will have no rights of 'Subcontractors, or Engineer, or the officers, directors, agents, consultants, or subcontractors of each and any of �o [%or shall �ponsible for assuring that the agreement under which a Subcontractor erns a pi 'o of the Work contains provisions whereby the Subcontractor waives all ri is a aiV r, Contractor, all individuals or entities identified in the Supplementary Conditi sureds, the Engineer and its consultants, and the officers, directors, members partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25of64 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repair replaced, the money so received applied on account thereof, and the Work and 0 st thereof covered by Change Order, if needed. O �` D' ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES v 7.01 7.02 Supervision and Superintendence N �p A. Contractor shall supervise, inspect, d di theompet tl and efficiently, devoting such attention thereto and�a ' g suc ISOCH ex r s may be necessary to perform the Work in accordan�� I e Contra Docum CdTftractor shall be solely responsible for the means, methoZl�t�hniq quence , nd ocedures of construction. �r B. At all times during the pr res*of the Wf�r( ntra assign a competent resident superintendent who shal be reel ct avithout n notice to Owner and Engineer except under extraord* ircums` Labor; Working Hours A. Contractor shvide co ete t, suit ly ualified personnel to survey and lay out the Work an r l� cons as requ�ed y the Contract Documents. Contractor shall at all tim m n aln go plin d order at the Site. B. Except as otherwi fired f r t safety or protection of persons or the Work or property at the Site or nt the# d except as otherwise stated in the Contract Documents, all Work at shall rmed during regular working hours, Monday through Friday. Contractor i not D ork on a Saturday Sunday, or any legal holiday. Contractor may n� I 7.03 Servic A. <ing hours or on Saturdays, Sundays, or legal holidays ch will not be unreasonably withheld. Unless oNe specified in the Contract Documents, Contractor shall provide and assume full respo slbility for all services, materials, equipment, 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 performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26of64 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, this has been done to establish a level of quality to be required for the project. Abd including but not limited to the specification or description of such an item, the type, function��ppearance, and quality required. All references to brand names shall hereby also indicate i Irluct equal to such will be considered as long as product is equivalent, or "or equ&31.Rcreq nntractor may request that City and Engineer pre -authorize the use of r items of my,�ment, or items from other proposed suppliers under the nces d d belo (VJ� 1. If Engineer in its sole discretion determi es an i e ateria ipment proposed by Contractor is functionally i�o that nd s f I y similar so that no change in related Work will b r ired, E shall it an "or equal" item. For the purposes of this para h, pro e m of m or equipment will be considered functionally e 1 tem s d if: a. in the exercise of reason I udgmgineer er 'nesthat: 1) it is at least ual�n mate<e� onstr i ality, durability, appearance, strength, ign chSte tics; 2) it will r I perf ell the function and achieve the results im y th con � t completed Project as a functioning 6 ) ii as a p ecord of�erformance and availability of responsive service; and o 4) it i 0 jectio ab to Owner. b.Nin or cer t a , if approved and incorporated into the Work: �Shere o increase in cost to the Owner or increase in Contract Times; and tK,�'00 ' 2) onform substantially to the detailed requirements of the item named e Contract Documents. B. Contrac ense: Contractor shall provide all data in support of any proposed "or equal" item at Cdntractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or - equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27of64 D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding and may not be reversed through an appeal under any provision of the Contract Documents. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words re ding that no substitution is permitted, Contractor may request that City or Engineer auth *z he use of other items of material or equipment under the circumstances desclM e ow. To the extent possible such requests shall be made before co ncement o ed con uction at the Site. �6 1. Contractor shall submit sufficient infc 2. 3. Engineer to determine if the item of equivalent to that named and an acce equals shall be submitted no later ?q ity and tionally proved The requirements for reviell�'rneer will as set In Paragraph 7.05.13, as supplemented by the Specifi I s, angineer icVyide is appropriate under the circumstances. Contractor shall m �ritten Rc�on to `er for review of a proposed substitute item o rial or ent tha Con ractor seeks to furnish or use. The application: . � a. shall hat t pr sed s bstiju�e item will: V )(form ely the 7fprictions and achieve the results called for by the �T gener , 2) be,#1ar in su to �eto that specified, and Neiame use as that specified. b. I ate: Ks) thel�it, if any, to which the use of the proposed substitute item will ,00��' 3Sftate a change in Contract Times, 2 her use of the e substitute item in the Work will require a change proposed q g any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28of64 [Q C. 7.06 A. B. C. D. E Concerning Subcontractors, Suppliers, and Others d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by an Addenda, Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. glneer will advise Contractor in writing of any negative determination. Special Guarantee: Owner may require Contractor turnish at C 1� 's expense a special performance guarantee or other surety with AU, to anyV e. ��.// V 7-1 Contractor may retain Subcontractors and rs for t orm c arts of the Work. Such Subcontractors and Suppliers Js �e accep Owne{�" Contractor shall retain specific Sub the performance of designated pad Subsequent to the submittal of C306ai Contract, Owner may not r qulig Contra individual or entity to f II or perf ' reasonable objection.,0 _to Prior to entry i Owner the ide4 deemed sucks duals or entities for ntract to do so. 0tiation of the terms of the !contractor, Supplier, or other against which Contractor has ?dhtra oCl, ase order, Contractor shall submit to o d Sub Qontactor or Supplier (unless Owner has already ractor or er acceptable, during the bidding process or ontracter or Supplier shall be deemed acceptable to Owner &*?�onable objection within five days. Owner may re e'Alflhe reel meht of any Subcontractor, Supplier, or other individual or entity reta' Cont i1� o perform any part of the Work. Owner also may require Contract tarn sp i eplacements; provided, however, that Owner may not require a repl to wh ntractor has a reasonable objection. If Contractor has submitted th tity of ci Subcontractors, Suppliers, or other individuals or entities for acc nce by er, and Owner has accepted it (either in writing or by failing to make u�Aitten obj titiereto), then Owner may subsequently revoke the acceptance of any such Subcon upplier, or other individual or entity so identified solely on the basis of substanti reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29of64 7.07 G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing orff nishing any of the Work. �� K. Contractor shall restrict all Subcontractors, Suppliers, and such other Is or entities performing or furnishing any of the Work from co u cating w Pnr ner, except through Contractor or in case of an emerg as of r expr owed herein. �� O L. The divisions and sections of the Specificatan the ide ionsto rawings shall not control Contractor in dividing the W �k arr g Subc ors or Se s or delineating the Work to be performed by any spgci�c cle. lu M. All Work performed for Contrac r�Sub o rac r or up''�r shall be pursuant to an appropriate contractual agreemenat spe a bins Subcontractor or Supplier to the applicable terms and c nditAns of th ct D for the benefit of Owner and Engineer. N. Owner may furnish t ubc t c or S , to the extent practicable, information about amounts Iita'Contr ac ork performed for Contractor by the particular Sub �ttor or pp _&, such Subcontractor, Supplier, or other individual or pnship between Owner or Engineer and any such er individual or entity; nor the part of Owner or Engineer to pay or to see to the ny such Subcontractor, Supplier, or other individual or be required by Laws and Regulations. and royalties and assume all costs incident to the use in he 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. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30of64 C. consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and chargengineers, architects, attorneys, and other professionals and all court or arbitration tFkr dispute resolution costs) arising out of or relating to any infringement of pate t' ' t or copyrights incident to the use in the performance of the Work or r s ing from t rporatiZin the Work of any invention, design, process, product, r e not g dinti��tract Documents. , 7.08 Permits ^� /.WO *% � A 7.09 Taxes A. Con, Cont appli 7.10 Laws and A. Cont 13 Unless otherwise provided in the Contr �cct DcVCime s, fPactor X4.0b-tain and pay for all construction permits and licenses. y�es for c be waived; however, the applicaQVI, apermit proc shall assist Contractor, when nein o i g shall pay all governmental charges and insPdcont ee Work which are applicabl t the tim su Contractor became boun�iu er a ne ac owners for connecting s rl Dro ' �fmane i !n?sumer, us , and other similar taxes required to be paid by e Laws?nd Regulations of the place of the Project which are lhfthce Work. ice or p ued by the City will s shall e complied with. Owner such rmi and licenses. Contractor s r1 y for the prosecution of the of Contractor's Bid (or when t . caner shall pay all charges of utility to the Works �s` required by and shall comply with all Laws and Regulations ce of the Work. Except where otherwise expressly required by Wgulations, neither Owner nor Engineer shall be responsible for s compliance with any Laws or Regulations. lf%ontract fkms any Work or takes any other action knowing or having reason to know that it is y to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall 'ndemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31of64 of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor ^keep such record documents in good order and annotate them to show china ade during construction. These record documents, together with a��proved Sa I be available to Engineer for reference. Upon completion of th ' .03, Contra all deli hese record documents to Engineer. IN 7.12 Safety and Protection f Y �O Q's A. Contractor shall be solely responsible for i itng, ma g, and vlsing all safety precautions and programs in connectio ith i'Fie W res of does not relieve p p g P ��i/ Subcontractors of their respons 1 the of r rk/or property in the performance of their work, nor f lian .t`h a plic le s ety Laws and Regulations. Contractor shall take all necessar recau (fbr the y of, and shall provide the necessary protection to pr ent0'*damage, ' or to o` 1. all persons on the Si eclir ho m �ffecte by�Work; 2. all the Wor rateri equiplw t be incorporated therein, whether in storage on he Si e; a`�+ 3. other t at the it or ad acenT�fiereto including trees shrubs lawns walks Y 1 g , p em , roadw s, structures,46ther work in progress, utilities, and Underground Fa ' ' ' s not fated fooval, relocation, or replacement in the course of constructio . B. Contractor�h�omply i� I applicable Laws and Regulations relating to the safety of persons erty, or t tt protection of persons or property from damage, injury, or loss; and s t and�tain all necessary safeguards for such safety and protection. Co or shall n* wner; the owners of adjacent property, Underground Facilities, and th tilities, n other contractors and utility owners performing work at or adjacent to t Site, w n r�ecution of the Work may affect them, and shall cooperate with them in the pro emoval, relocation, and replacement of their property or work in progress. C. Contracto shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32of64 Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (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 any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection 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 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall r whenever Contractor or any Subcontractor or Supplier returns to the Site warranty or correction obligations, or to conduct other tasks arisi fr the Corte ocumee 7.13 Safety Representative `��► (� A. Contractor shall designate a qualified and x� ced sa pres n 6f(4;j)'btthe Site whose duties and responsibilities shall be p eventio cidents(Wee maintaining and supervising of safety precautions an ro ams V 7.14 Hazard Communication Programs A. Contractor shall be responsible for rdinatin a excha of aterial safety data sheets or other hazard communication4hformatio a Iredde available to or exchanged between or among empl t the Sitcord a Laws or Regulations. 7.15 Emergencies •� A. In emergencies a the sa y r pro turf ersons or the Work or property at the Site or adjace tto, Co cto is obli to to act to prevent threatened damage, injury, or loss. C n a dr shall gineer prompt written notice if Contractor believes that any signific nt c ges in rk or anat.fons from the Contract Documents have been caused thereby re req as a res ereof. If Engineer determines that a change in the Contract Docu�s requir d b ause of the action taken by Contractor in response to such an a r y, a Wi r ge Directive or Change Order will beissued. 7.16 Shop Drawing ples, a Submittals A. Sho �i and le Submittal Requirements: fore s i ing a Shop Drawing or Sample, Contractor shall have: a. e and coordinated the Shop Drawing or Sample with other Shop Drawings n Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33of64 safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acc&N Schedule of Submittals. Each submittal will be identified as Engineer mayrequire.+`O 1. Shop Drawings: sj� �� a. Contractor shall submit the number of co s qulred i Specific to b. Data shown on the Shop Drawin s ee comp) ' h r p c�a'q antities, dimensions, specified performan nd esign cr t`ia, mateTld similar data to show Engineer the service at als, d Ipment ctor proposes to provide and to enable En iAg t revie orm he limited purposes required by Paragraph t. 2. Samples: ' 6 a. Contractor shall mit the nu b Pof Sa �uired in the Specifications. b. Contractor s arly icltlbach Sa a as to material, Supplier, pertinent data such as al numlo r use hl intended and other data as Engineer ay mr to e ble inee o rriew the submittal for the limited purposes re y Para a 7.16.D. 46 3. W ere hop g or Sample is required by the Contract Documents or the Sc e of S i als, anyd Work performed prior to Engineer's review and approval o ertin+ns Ittal will be at the sole expense and responsibility of Contract C. Other Su � Is: Co shall submit other submittals to Engineer in accordance with the 1VUSch e f Submittals, and pursuant to the applicable terms of the p� tions. D. ineer's 1. En ee+i` eill provide timely review of Shop Drawings and Samples in accordance with the hedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34of64 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall no li�ontractor from responsibility for complying with the requir is of Para 7.16.A and B. 6. Engineer's review and approval of a Shop ravon r SaFes Dof a va ' om the requirements of the Contract Doc ume , s II not, u cir st ces, change the Contract Times or Contract Price, u I s such e ' I ed in a Change Order. 7. Neither Engineer's receipt, r ceptance approv a op Drawing, Sample, g or other submittal shall resu ch ite omin a ontl�Jct Document. • 8. Contractor shall per, rrr>/the Wo com ith the requirements and commitments set f n appr hop D i s and Samples, subject to the provisions of Par Resubmittal Procel'! 1. Contracto"N%If ma nutie e, rrecte� re) d a p p 2. Contractor& I furl 3. obtai re <e rections r it d by Engineer and shall return the required s of ShoVrawings and submit, as required, new Samples for ontr or shall direct specific attention in writing to revisions .Ictions cor by Engineer on previous submittals. i�Awred submittals with sufficient information and accuracy to d appINNY an item with no more than three submittals. Engineer will reviewing a fourth or subsequent submittal of a Shop E!m requiring approval, and Contractor shall be responsible ✓ner for such time. Owner may impose a set- off against to secure reimbursement for such charges. If COKKOr requests a change of a previously approved submittal item, Contractor shalive responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35of64 B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or fi�ayment; 3. the issuance of a certificate of Substantial Completion by Engi *V©any payment related thereto by Owner; O (�� 4. use or occupancy of the Work or any part ther Owner � V I 5. any review and approval of a Shop Dra 4*�K,,Sample s�1;6. the issuance of a notice of accepta ility�ggineep G 7. any inspection, test, or approva* o rs; o 8. any correction of defective 'Q y Ow Q D. If the Contract requires the Cororactor to a ne he s� 'ht of a contract entered into %by Owner, then the specfl' arranties, a ntees, 7ection obligations contained in the assigned contracts ((��1'' vern wi pect to Co ctor's performance obligations to Owner for the Wor bed i s�'fgne� ct. 7.18 Indemnification �� A. To the full �Mtent p by Laws d Regulations, and in addition to any other obligat' ns ontra u der e CoAract or otherwise, Contractor shall indemnify and hold hss O r nd Eng and the officers, directors, members, partners, employees, agel�nsultantl an ubcontractors of each and any of them from and against all claims, o oSSes, ages (including but not limited to all fees and charges of engineers cts, at r s, and other professionals and all court or arbitration or other disput ion c s sing out of or relating to the performance of the Work, provided tha 1!Ic clai , loss, or damage is attributable to bodily injury, sickness, disease, or ei ►or to i or destruction of tangible property (other than the Work itself), I luding th f use resulting therefrom but only to the extent caused by any negligent act or of Contractor, any Subcontractor, any Supplier, or any individual or entity directly indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36of64 Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services G C. D. E. Contractor will not be required to provide professional design services unles services are specifically required by the Contract Documents for a portion of theq rk unless such services are required to carry out Contractor's res Ibilities for W ruction means, methods, techniques, sequences and procedures. C�rrt shall n equire tr vide 1'12� professional services in violation of applicable Laws �ddegulati If professional design services or certificati design Iona a��J'fo systems, materials, or equipment are specifically re i of Con by the r act Documents, Owner and Engineer will specify all per a e an criteri ch services must satisfy. Contractor shall cause suc S or c on vided by a properly licensed professional, whose sig nd se ha app ar all drawings, calculations, specifications, certifications, and er su to preip by such professional. Shop Drawings and other submiluls r4tated to t de certified by such professional, if prepared by others, sFOANUar such sional n en approval when submitted to Engineer. ohtb Owner and Engin e e relI dequacy, accuracy, and completeness 9 of the services 1'FiCation or a rovaI ered by such design professionals, provided Owner and er have ee 'fled to Co ctor all performance and design criteria that such se(G c st satis! Pursuancethis p drawings will bey and design���J„ Engineer' calculaftd c ARTICLE 8 — OTHER 8.01 Other Work �i h, Engin s eview and approval of design calculations and design r tfleAite purpose of checking for conformance with performance Vthe design concept expressed in the Contract Documents. ` val of Shop Drawings and other submittals (except design p kivOwings) will be only for the purpose stated in Paragraph 7.16.D.1. Uh responsible for the adequacy of the performance or design criteria or Engineer. A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37of64 B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contract may cut or alter others' work with the written consent of Engineer and the others wh rk will be affected. D. If the proper execution or results of any part of Sall or's Wo `nds u work performed by others under this Article 8, Contra insp t ch oth and promptly report to Engineer in writing any dela , dloF s, ord is cies in r work that render it unavailable or unsuitable for pr er exe I nd re I sontractor's Work. Contractor's failure to so report will c itute a tance other work as fit and proper for integration with (tra tor'exce t i► ent defects and deficiencies in such otherwork. ♦ t 8.02 Coordination A. If Owner intends to contra wi4others f erf other work at or adjacent to the Site, to perform oth k at or ?Cnt to t V with Owner's employees, or to arrange to have utilit s perf Wrk at or djacent to the Site, the following will be set forth in the S e tar y o ns or p to Contractor prior to the start of any such other wor� (11 1. the id f the i al or entit at will have authority and responsibility for c r i n of tbe c ities amorf(the various contractors; 2. an i izatio specific tters to be covered by such authority and responsibility; and 3. the e such a 1►i y and responsibilities. B. Unles se pro In the Supplementary Conditions, Owner shall have sole authority an onsibilit ch coordination. 8.03 Le a eltlfionshi A. If, in th of performing other work at or adjacent to the Site for Owner, the Owner's employe , any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38of64 Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against pay nts due to Contractor, and assign to such other contractor or utility owner the Ow ntractual rights against Contractor with respect to the breach of the obligat* e orth in this paragraph. C. When Owner is performing other work at or adjac �She Site itlbOwner' yees, Contractor shall be liable to Owner for dama to AL1Toth o�nd for onable gib direct delay, disruption, and interference c n red by as a r It ontractor's failure to take reasonable and customary eVrcl es wit ct to 0 other work. In response to such damage, delay, disru{Qn,n e,Own impose a set-off against payments due to Contract D. If Contractor damages, delays, dis , or intLs with to of any other contractor, or any utility owner performingother workRilladja e e Site, through Contractor's failure to take reasonable kcustoma asured such impacts, or if any claim arising out of Contractor'a lions, in Vr ne Ilge in performance of the Work at or adjacent to the Site ' by fi'6ther for or utility owner against Contractor, Owner, or Engin , en Con shali ) ly attempt to settle the claim as to all parties througiation ith ch of r c tractor or utility owner, or otherwise resolve lilk the claim b a i4r-ation �r dispute' reso ution proceeding or at law, and (2) indemnify and h d h�ess 0 nd giner, and the officers, directors, members, partners, employ agents, s Itants a contractors of each and any of them from and against any such claims gainst I co s, losses, and damages (including but not limited to all fees and c� engi�ei�s, hitects, attorneys, and other professionals and all court or arbitratio er disp' eINIse' ion costs) arising out of or relating to such damage, delay, disrup ' nterfe n �. ARTICLE 9 — 1 14 RESP LITIES 9.01 Communicat' Contractor A. Except a otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39of64 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance • A. Owner's responsibilities, if any, with respect to pur ing and male g liability and property insurance are set forth in Article 6. err 9.07 Change Orders A. Owner's responsibilities with respect to Ch Nlers are otth in *i5lu- 9.08 Inspections, Tests, and Approvals G A. Owner's responsibility with respec In inspe on , tes a dprovals is set forth in Paragraph 14.02.13. 9.09 Limitations on Owner's Responsibilities • a► A. The Owner shall not sup i direct, con rJluthority over, nor be responsible for, Contractor's mea ods, t es,se nceess, or procedures of construction, or wi the safety preca ti s d pr r incidee`, to, or for any failure of Contractor to comply with La Reg atppli e �►t�he performance of the Work. Owner will not be resp I for Co tor's fail perform the Work in accordance with the Contra o ents. O 9.10 Undisclosed rdous it nmenta 'tion A. Owners respo in rps t to an undisclosed Hazardous Environmental Condition is set forth in Pa&- 5.06. ` 9.11 Evidence of Fi`I Arra is A. Up west of tractor, Owner shall furnish Contractor reasonable evidence that I�inaa al arran nts have been made to satisfy Owner's obligations under the Contract D�euments n�ing obligations under proposed changes in the Work). 9.12 Safety Progra A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40of64 ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 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. 10.02 Visits to Site 10.03 10.04 10.05 A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, f %e Work is proceeding in accordance with the Contract Documents. Engineer will►n� required to make exhaustive or continuous inspections on the Site eck the qu� quanti of the Work. Engineer's efforts will be directed toward v for O great e ee of confidence that the completed Work will conform g e ally to t act Do u nts. On the basis of such visits and observations, EnginNag 41 keep �r nform d q i rogress of the Work and will endeavor to guard O nst clef ( ork. B. Engineer's visits and observations are s eN ct�'Eo al itations ineer's authority y and responsibility set forth in Para 'd 8. Pa , bu by limitation, during or as a result of Engineer's visits rvatio of ontr cto Work, Engineer will not supervise, direct, control, or have ority be sib e for Contractor's means, methods, techniques, seq ncee, or pro of c''on, or the safety precautions and programs incident t , or for ilure oractor to comply with Laws and Regulations applicablperfor o:th��rk. Project Representative � ` A. If Owner andglneer agreed at Engineer will furnish a Resident Project Represe ve to repr ngineeroot the Site and assist Engineer in observing the progre an quality ork, n the authority and responsibilities of any such Resident Project resent ill be as vi ed in the Supplementary Conditions, and limitations on the responsi t h % eQLwill e as provided in Paragraph 10.08. If Owner designates another r rtative X' nt to represent Owner at the Site who is not Engineer's consults nt, or a o.Tee, the responsibilities and authority and limitations thereon of such o vidual Atity will be as provided in the Supplementary Conditions. Reje i ctive A.Elgineer h t thority to reject Work in accordance with Article 14. Shop Drawin 9 Orders and Payments ments � Y A. Engineer's` authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41of64 D. Engineer's authority as to Applications for Payment is set forth in Article15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith._^ 10.08 Limitations on Engineer's Authority and Responsibilities . O A A E 10.09 C A Neither Engineer's authority or responsibility and r th Article rider other provision of the Contract, nor any decision made b Ror in g eithe rcise or not exercise such authority or responsibility r tip dertaki rcise, mance of any authority or responsibility by Enginee s create, i , or giV is any duty in contract, tort, or otherwise owed by Engine r ontract Subco o , any Supplier, any other individual or entity, or to any et or o ee or a any of them. Engineer will not supervise dire 11�61 or ha authori el'�or be responsible for g p , : p Contractor's means, methods, to i es, se es, or p ce es of construction, or the safety precautions and program�.inc dent t , or for rilure of Contractor to comply with Laws and Regulation pllcable to for the Work. Engineer will not be responsible for Contract r ilure trm thein accordance with the Contract Documents. Engineer will n respon` Subcontractor n upplier "of omissions of Contractor or of any idual or entity performing any of the Work. Engine ' w of thi©i a Applicatioen for Payment and accompanying documentation and all I enanc nn peratin uctions, schedules, guarantees, bonds, certificates of ;r'inspection, tests approv Is, other documentation required to be delivered by Paragraph 15 ill only determine generally that their content complies with the requireme and in e of certificates of inspections, tests, and approvals, that the results c ti indic�pliance with the Contract Documents. ority and responsibility set forth in this Paragraph 10.08 shall also ect Representative, if any. While atNhe Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42of64 ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and condition LT Contract Documents that do not involve (1) the performance or acce� of the Work, (2) the design (as set forth in the Drawin s S cification herwis or (3) other engineering or technical matters, t the mend the Engineer. Such an amendment shall se in a Order. 2. Work Change Directives: A Work Chan ire ive will ange t ract Price or the Contract Times but is evidence at tl- arties hat the ication ordered or documented by a Work Chin rectiv inco o in a subsequently issued Change Order, folio 1 tiations the pa a to the Work Change Directive's effect, if any, onntra a and C tra Times; or, if negotiations are unsuccessful, by a dermiinatlon r the It f the Contract Documents governing adjustment expressly ng rp 11.04 regarding change of Contract Price. Con ac aT' must any Chan roposal seeking an adjustment of the Contract Pri he Ira Time.S. both, no later than 30 days after the completion te ork s I the °� nge Directive. Owner must submit any Claim see adjusVen f the on aft Price or the Contract Times, or both, no later t ays afte is ance of th ork Change Directive. 3. Fi d O ers: En ay Knr minor changes in the Work if the changes do not invo an� nt in thectPrice or the Contract Times and are compatible with the d ncepto theeted Project as a functioning whole as indicated by the C tDocu uch changes will be accomplished by a Field Order and will be b'g on Ow 4 also on Contractor, which shall perform the Work involved p If Con c r believes that a Field Orderjustifies an adjustment in the Contract or Con imes, or both, then before proceeding with the Work at issue, ,00�ntract sh submit a Change Proposal as provided herein. 11.02 Owner-Auth e a ges in the Work A. Without I validating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43of64 Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. 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, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order approved in advanced and signed by the proper City representative. Any Change Proposal for an adjustment i Ne Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for ustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determi �Ilows: 1. where the Work involved is covered by uni ric 5ntaine Contr ments, then by application of such unit prices quantiti ite s n'ie (subject to the provisions of Paragraph 13.03); Sr 2. where the Work involved is not ered b u i ices ed in the Contract Documents Y then b a mutu a lumps which inTfude an allowance for 1, overhead and profit not nec ar y in a`I nce wit ara aph 11.04.C.2);or 3. where the Work inv IvedAs not co� Ce by �11�r.�s contained in the Contract Documents and the do note l c11►mutua ment to a lump sum, then on the basis of the Cos Wor �ermined s p vided in Paragraph 13.01) plus a Contractor's f erhprofit4 ined as provided in Paragraph 11.04.C). C. Contractor's Fe . V�Wr"en a icaYJ4 , the ont �tor's fee for overhead and profit shall be determined ows: 1. a ut a9Df xed • orb 2. if a fixed feeed up n, then a fee based on the following percentages of the various oGQL�f the Work: a. %Ts incurs ?ider Paragraphs 13.01.13.1 and 13.01.13.2, the Contractor's fee be 15 91, V ; for co rred under Paragraph 13.01.13.3, the Contractor's fee shall be five ,00 per C. one or more tiers of subcontracts are on the basis of Cost of the Work plus fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 1.01.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44of64 maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.13.5, and 13.01.C; the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and 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 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by an execut ange Order g by Owner and Contractor. Any Change Proposal for an adjustmen ontrac !?�s shall c r� with the provisions of Paragraph 11.06. Any Claim for an d stmen Contrac Ti es shall comply with the provisions of Article 12. N B. An adjustment of the Contract Times shall s 'ect to nations in Paragraph 4.05, concerningdelays in Contractor's r V is Y g 11.06 Change Proposals ♦ 6 9 p A. Contractor shall submit a Change posal E ineert equest an adjustment in the Contract Times or Contra t Price; appe�a� itial �'by Engineer concerning the requirements of the Con ocumenNiNelatin acceptability of the Work under the Contract Docume test a againid ent due; or seek other relief under the Contract. The r'Pro a speriroposed change in Contract Times or Contract Price, ol� , or th 1�pos el? explain the reason for the proposed change, with c' tl s to a verning orcable provisions of the Contract Documents. 1. Pr do: Contra to s all submiAeach Change Proposal to Engineer promptly (but in no ve t later n days) he start of the event giving rise thereto, or after such initial decisi e Cont act all submit supporting data, including the proposed change i act Pr ntract Time (if any), to the Engineer and Owner within 15 days he su of the Change Proposal. The supporting data shall be acc ied b tten statement that the supporting data are accurate and m , an any requested time or price adjustment is the entire adjustment to h Con believes it is entitled as a result of said event. Engineer will advise wner ng the Change Proposal, and consider any comments or response from O rr Ing the Change Proposal. 2. Engi er's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45of64 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed he parties, including any undisputed sum or amount of time for Work a erformed in accordance with a Work Change Directive; O n• 2. changes in Contract Price resulting from an O iset-off sTContra o , duly contested such set-off; NN 3. changes in the Work which are: (a) or r���jby Own uant t°g aph 11.02, (b) required because of Owner's acce ncl f d ork u 1�D�ra ra h 14.04 or q g p Owner's correction of defecti e' nder ph c) agreed to by the parties, subject to the need neer's co en ati if the change in the Work involves the design (as set fort the D in S. Spec tions, or otherwise), or other engineering or techniSI miAters; an ` 4. changes in the Con ac Trice or ct Times, ther changes, which embody the substance of an nd sults Paragraph 11.06, or Article 12. B. If Owner or Con ref ses ecut C�i1t� Order that is required to be executed under the ter is Par ph 11.07, h I be deemed to be of full force and effect, as If fully e I V O 11.08 Notificationety O A. If the provision '���,, bond uiTe notice to be given to a surety of an change affecting p s��i__ _Y � q g Y Y g g the gener s of the or the provisions of the Contract Documents (including, but not limit Ntontrac P e or Contract Times), the giving of any such notice will be Contr�spons4l . The amount of each applicable bond will be adjusted to reflect tne/yt or any sWnange. ARTICLE 11�IMS ��/ 12.01 Claims P A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46of64 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the <�amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim s II review it t 1� ly, giving full consideration to its merits. The two parties shall t resolve im thr the exchange of information and direct negotiations. arties tend e for resolving the Claim by mutual agreement. All Ny " ake aim s ated in writing and submitted to the other party, w' to En D. Mediation: 1. At any time after initiation o Owne �Ont ct r 1 y mutually agree to mediation of the underlyin A Se. T e ree ent to rdiate shall stay the Claim submittal and response proces 2. If Owner and Contrac agree to iT6n, t A 60 days from such agreement, either Owner or Co r for ma erally t rm e the mediation process, and the Claim submitta ecisi c s sha a as of the date of the termination. If the mediatiI eds b ucc olving the dispute, the Claim submittal and decis' cess s I re me as f t `date of the conclusion of the mediation, as deter y the air. I 3. O ner nd Con shall pay one-half of the mediator's fees and costs. E. Partial Approval: e party ecVeing a Claim approves the Claim in part and denies it in art such ac ' all b �' d binding unless within 30 days of such action the other p g Y party invo proce forth in Article 17 for final resolution of disputes. F. Denial : If eff t o resolve a Claim are not successful, the party receiving the Claim ma y it by giv�v itten notice of denial to the other party. If the receiving party does I�oe actio n he Claim within 90 days, then either Owner or Contractor may at any time thhreafter b Ii a letter to the other party indicating that as a result of the inaction, the Claim is denied, thereby commencing the time for appeal of the denial. A denial of the Claim hall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. E1CDC1 C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47of64 ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or becauaQ\0the event giving rise to the adjustment. . O B. Costs Included: Except as otherwise may be agreed tj Ming by O 4$5$ is in ed in the Cost of the Work shall be in amounts no higher se pre ri&n the I f the Project, shall not include any of the costs itel�yzedf aragr 1.C, a include only the following items: ^` 1. Payroll costs for employees in the ect Ioy of for in t 1'formance of the Work under schedules of job cla4si ons a e by nd Contractor. Such employees shall include, w c Qitation, perint ts, foremen, and other personnel employed full tim n he W yroll c s fo mployees not employed full time on the Work shall � a portio the b& 10 eir time spent on the Work. Payroll costs shall inc e, but not ed es and wages plus the cost of fringe benefits, whi s inclul security ributions, unemployment, excise, and payroll taxes ers' elation and retirement benefits, bonuses, sick leave, and i and pay I thereto. The expenses of performing Work Iregul wor g ho s, o aturday, Sunday, or legal holidays, shall be include ie above Nt ►e extent au rized by Owner. 2. C tt o lamater' d eq er!furnished and incorporated in the Work, including COS f tran ion and r e thereof, and Suppliers' field services required in g pp q connection witf2. ca discounts shall accrue to Contractor unless Owner deposes with ctor with which to make payments, in which case the cash disc all ac r�Owner. All trade discounts, rebates, and refunds and returns fr of su u materials and equipment shall accrue to Owner, and Contractor I make rons so that they may be obtained. ayme de by Contractor to Subcontractors for Work performed by Su n o s. If required by Owner, Contractor shall obtain competitive bids from sub a tors acceptable to Owner and Contractor and shall deliver such bids to Own r, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 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. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48of64 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. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. C. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of tr sportation, loading, unloading, assembly, dismantling, and removal thereof. All c osts shall be in accordance with the terms of said rental agreements. Tn of any such equipment, machinery, or parts shall ceaseZen the use of is n longer necessary for the Work. d. Sales, consumer, use, and other simi r t��Irela ed o Wor which Contractor is liable, as imposed b nd Regu e. Deposits lost for causes other an n Igence ractor bcontractor, or anyone directly or indirectly oyed th dr whose acts any of them may be liable, an ayments d fees rmiits and licenses. f. Losses and damages (an ated n s) coup by damage to the Work, not compensated by i sufance or Ise, by Contractor in connection with the perfPm•ce of t rk (ex is ses and damages within the deductible efts of IRty insu nc established in accordance with Paragr pr uch loss damages have resulted from causes other a ne lige of Co a�r, a y Subcontractor, or anyone directly or indi I employ y any of tr for whose acts any of them may be liable. u h sses sh de settlements made with the written consent and approval o wrier. lossmages, and expenses shall be included in the Cost of e Woo a purpos f determining Contractor's fee. g. The utili , and sanitary facilities at the Site. h. expen s as communication service at the Site, express and courier es, a sl ilar petty cash items in connection with the Work. The c premiums for all bonds and insurance that Contractor is required by th act Documents to purchase and maintain. C. Costs E The term Cost of the Work shall not include any of the following items: 1. Payr II costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety 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 branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.13.1 or specifically covered by Paragraph 13.01.13.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49of64 R E 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. Contractor's Fee: When the Work as a whole is performed on the basis cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When of any Work covered by a Change Order, Change Proposal, Claim, set-off, o �ustment in Contract Price is determined on the basis of Cost f h Work, C ^�cbr's fe�j�Il be determined as set forth in Paragraph 11.04.C. ® v Documentation: Whenever the Cost of the +,prfor any e is t rmined pursuant to this Article 13, Contractor I est blish a intain s thereof in accordance with generally accepted acc&unv ractice ubmit irl�f m acceptable to Engineer an itemized cost breakdowlp ter wi s ingdat 13.02 Allowances ` Q C. Ic It is understood that Contracto�as include , the Cot w ice all allowances so named in the Contract Documentknd shall ca Wo sered to be performed for such sums and by such perso o Ktities be accepp to Owner and Engineer. Cash Allowances: Cm or a . kV 13.03 Unit Price Work ractor (less any applicable trade discounts) allowances to be delivered at the Site, and I�Mcl handling on the Site, labor, installation, overhead, n emplated for the cash allowances have been included in the allowances, and no demand for additional payment on ng will be valid. Contractor agrees that a contingency allowance, if any, is for the sole unanticipated costs. �dent, an appropriate Change Order will be issued as recommended by flect actual amounts due Contractor on account of Work covered by and the Contract Price shall be correspondingly adjusted. 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 unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50of64 B. 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. Payments to Contractor for Unit Price Work will be based on actual quantities. C. 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. D. 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 (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding pMIR , Contractor may submit a Change Proposal, or Owner may file a, seekingAme in the Contract Price if: !Zi` `/� 1. thequantity of an item of Unit Price Wor edo ctor d' teriall q Y Y �p� Y and significantly from the estimated qLiwfitNf such i Cate t greement; 2. there is no corresponding adjustor t wi espect other it Work; and 0 � 3. Contractor believes that it is e ll I t an inc Con as a result of having incurred additional expens rer b li es at OS s entitled to a decrease in Contract Price, and the parties unabl a ee asstamount of any such increase or decrease. �� ` ARTICLE 14 — TESTS AND INSPECTI RREC MOAO WORK CCEPTANCE OF DEFECTIVE �' � � 14.01 Access to Work Ci A. Owner, g r, their co sultants ary!!' other representatives and personnel of Owner, indepe er testin Mories authorities having jurisdiction will have access to the Site and the W Treaso abl times for their observation, inspection, and testing. Contractor sh Ide thie per and safe conditions for such access and advise them of Contractor y pro and programs so that they may comply therewith as applicabl 14.02 Tests, In' � , and vals A. oonl�wActor s e Engineer timely notice of readiness of the Work (or specific parts reof fo I r uired inspections and tests and shall cooperate with inspection and p p p testing I to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51of64 14.03 and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and A 5. for acceptance of materials, mix designs, or equipment submitte c�roval prior to Contractor's purchase thereof for incorporation i th Work.` r Such inspections and tests shall be performed by in p dent in t21Fs, testi laboratories, or other qualified individuals or a tlASraccept to caner a sb3eer. E. If the Contract Documents require the W rrk�(r part the ) to be Ced by Owner, Engineer, or another designated indi ual en ' n Cont r hall assume full responsibility for arranging and obta *r s ch ap F. If any Work (or the work of other is to ected, stea7Wr approved is covered by Contractor without written co}cu ence ineer,♦C nn ctor shall, if requested by Engineer, uncover such rk for obser Su ering shall be at Contractor's expense unless Contrac give rieer time tice of Contractor's intention to cover the same and E ha naa ,d wi onable promptness in response to such notice. Nk Defective Work G A. ContraOM'soigation:©i ontractorlobligation to assure that the Work is not defective. B. EngineeT64thorit ji ineer h authority to determine whether Work is defective, and to reject de Work. C. Notice of Promp of all defective Work of which Owner or Engineer has actual knowled be giv ntractor. D. Corr o , r Re and Replacement: Promptly after receipt of written notice of e e Wor actor shall correct all such defective Work, whether or not fabricated, ii eta ed, or eted, or, if Engineer has rejected the defective Work, remove it from the Project ace it with Work that is not defective. E. Preservat n of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52of64 defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the exten otherwise paid by Contractor. If any such acceptance occurs prior to final payT�e necessary revisions in the Contract Documents with respect to e Work shall rporated in a Change Order. If the parties are unable to agree a t th decreas e Contr rice, reflecting the diminished value of Work so accepte Owner a pose nable set-off against payments due under Article 15 ff t27cep a defecti occurs after final Davment. Contractor shall m an anardltliate amyl o Ow 14.05 Uncovering Work A. B. C. Engineer has the authority to req not the Work is fabricated, instalf If any Work is covered contrary�o tF requested by Engineer, uncier such covering, all at Contract 's 9 ense. If Engineer consi or inspected or expose, or of L require a C equiprrtnt.) oche Work, whether or er, then Contractor shall, if 3tion, and then replace the �dvisabloOlka 4 overed Work be observed by Engineer hen t\ or, at Engineer's request, shall uncover, ale for o ation, inspection, or testing as Engineer may in question, and provide all necessary labor, material, and ie unc ver%d Work is defective, Contractor shall be responsible for damages arising out of or relating to such uncovering, t, spection, and testing, and of satisfactory replacement or g but not limited to all costs of repair or replacement of work of ig Contractor's full discharge of this responsibility the Owner shall be a reasonable set-off against payments due under Article 15. If the tic�VVed Work is not found to be defective, Contractor shall be allowed an inc the Contract Price or an extension of the Contract Times, or both, directly attrl table to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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 perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53of64 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, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, 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, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner s all proceed expeditiously. In connection with such corrective or remedial action, Own m y exclude Contractor from all or part of the Site, take possession of all or part of tht`.or and suspend Contractor's services related thereto, and incorpor in the WoAA N mater Is and equipment stored at the Site or for which Owner ontra `j!pt which ored elsewhere. Contractor shall allow Owner, Owner's sentat gents a loyees, Owner's other contractors, and Engineer and�nd eer's co is acc s►t Site to enable Owner to exercise the rights and re a ieser th( graph C. All claims costs losses and damages in red`6r s Own l�Cercisin the rights g �Y � g g and remedies under this Paragra will be d a i t ntractor as set- offs against payments due under Art uch I i s, osts, oss and damages will include but not be limited to all costs o Npair, o la eme;Jt ork of others destroyed or damaged by correction, re ov�or repla rt of 's defective Work. D. Contractor shall not be a od an e n of th Cp act Times because of any delay in the performance of ork a i tfe to ercise by Owner of Owner's rights and remedies under a graph ` c, ARTICLE 15 — PAYMENT NTRAC R SET -OFFS; PLETION; CORRECTION PERIOD O � 15.01 Progress Pae s O A. Basis or Pro re ments+eS' dhedule of Values established as rovided in Article 2 will f 9pserve as th Efor pr Aments and will be incorporated into a form of Application for Paym ceptable o glneer. Progress payments on account of Unit Price Work will be basa nu � units completed during the pay period, as determined under the pro s o Para 3.03. Progress payments for cost -based Work will be based on Cost f I /ork__ cc p ed by Contractor during the pay period. B. AD IicatiQn dP ments: 1. At INst 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54of64 appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. 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. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. 2. 3. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of paymeneXd present the Application to Owner, or return the Application to Contractor in g in writing Engineer's reasons for refusing to recommend pa ment. In the I �%r e, Contractor may make the necessary corrections and resub i th pplicati Engineer's recommendation of any payment r u sted in ication or ayment will constitute a representation by Enginee o lewner, b o Enginee vations of the executed Work as an experie c quali sign p Tonal, and on Engineer's review of the Applica ' n foVayme the acc m nying data and schedules, that to the best of Er4gi a 's kno or id belief: a. the Work has progress point * dica d; v b. the quality of the Wo�r( Is genera i ccor ith the Contract Documents (subject to an a luation oft k a Toning whole prior to or upon Substantial Col &Nton, th Its of ann Sequent tests called for in the Contract Do ts, rmi of quantities and classifications for Unit Pricekaltion? der P 13 ny other qualifications stated in the re, nd C.Oh c tions ent to Co tractor's being entitled to such payment appear to e been f ins it is Engineer's responsibility to observe the Work. By recomme any s ch;?Yas ment Engineer will not thereby be deemed to have represen t: a. c Ions ma0e`o check the quality or the quantity of the Work as it has been rmed a been exhaustive, extended to every aspect of the Work in �rogress� olved detailed inspections of the Work beyond the responsibilities �' spec' cl Nyyaassigned to Engineer in the Contract; or n'�y not be other matters or issues between the parties that might entitle ctor to be paid additionally by Owner or entitle Owner to withhold payment tractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55of64 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necsss r irk Engineer's opinion to protect Owner from loss because: �� n• a. the Work is defective, requiring correctio ceme b. the Contract Price has been reduced NC, nge Or c. Owner has been required to Corr /tt fective W actor Ciit h Paragraph 14.07, or has accepted defecti wI pu VJParagr 04; d. Owner has been requir �l*h�ove or mediat a a dous Environmental Condition for which Co c r is r ible; or aq e. Engineer has actual kowledge of cur ♦ ny of the events that would constitute a def Contrac r d ther tify termination for cause under the Contract u ents. D. Payment Becom e. • 1. Ten days t resen on f the lion for Payment to Owner with Engineer's recom e tion, ount recommended (subject to any Owner set -offs) will b om e, an due ill be paid by Owner to Contractor. E. Reductions m Pay y Owner: 1. In ad 'ti ny r in payment (set -offs) recommended by Engineer, Owner is en ' impos a -off against payment based on any of thefollowing: s ha a made against Owner on account of Contractor's conduct in the perfor or furnishing of the Work, or Owner has incurred costs, losses, or dam e on account of Contractor's conduct in the performance or furnishing of t o , including but not limited to claims, costs, losses, or damages from lace injuries, adjacent property damage, non-compliance with Laws and egulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds orinsurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56of64 e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Worler� k. Liens have been filed in connection with the Work, except `ntractor has delivered a specific bond satisfactory to P to secure atisfa' and discharge of such Liens; ���► I. there are other items entitling nod to a o` again mount recommended. `� 2. If Owner imposes any set-off again ayr rent, based wn knowledge or on the written recommendatio f gine r wi ntractor immediate f written notice (with a copy o �iineer satin the rea s for such action and the specific amount of the reduct , and p p y paY C rac or any amount remaining after deduction of thYvy mAnt sc wi el . Ow promptly pay Contractor the amount so withheld adjust n heret to by Owner and Contractor, if Contractor reme a real r such do . The reduction imposed shall be binding on C or duly♦ a Change Proposal contesting the reduction. 3. Upon a quent d &eination th Qwrier's refusal of payment was not justified, th� wrong I withheld sAll be treated as an amount due as determined by Pa r h 15.O�and su Interest as provided in the Agreement. 15.02 Contractor's Warran itle 15.03 A. Contractor nts an antees that title to all Work, materials, and equipment furnishe u r the C will pass to Owner free and clear of (1) all Liens and other title defec , ) al n , licensing, copyright, or royalty obligations, no later than seven a r the ti ayment by Owner. Su st tial Com A. When C r considers the entire Work ready for its intended use Contractor shall notify Owner a Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, 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 the reasons therefor. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57of64 C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch4Ns f items to be completed or corrected) reflecting such changes from the prelirrgin rtificate as Engineer believes justified after consideration of any options from C E F At the time of receipt of the preliminary certificatI Contractor will confer regarding Owner's use or occu Completion, review the builder's risk insuranceNel,, risk coverage, and confirm the transition t coves property insurance policy held by Own Unl s Ov writing, Owner shall bear responsibi ivr secu� property insurance, maintenanc nd utilities Work. %lr\ After Substantial Com leti tf�Contra II I p p items to be completed o o cted p i final pa may submit monthly progress paymer>o 15.04 Partial Use or let I IAtantial letion, i- and y of th k follow tantial with re the e dFl uilder's ige o ork a permanent e ontr ree otherwise in erati ction of the Work, upon Ows use or occupancy of the � ` l�'Mgin work on the punch list of . In appropriate cases Contractor Mhent to mpleted punch list items, following the abov2 �� A Uracfrom the Site after the date of Substantial ctor reasonable access to remove its property and 'Corn all the Work, Owner may use or occupy any substantially F the which has specifically been identified in the Contract iigtxwer, Engineer, and Contractor agree constitutes a separately "kNart of the Work that can be used by Owner for its intended purpose erference with Contractor's performance of the remainder of the e following conditions: At Ne Owner may request in writing that Contractor permit Owner to use or oc :u y any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58of64 3. 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 15.03 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A Upon written notice from Contractor that the entire Work or an agreed complete, Engineer will promptly make a final inspection with Owner and, notify Contractor in writing of all particulars in which nspection rA or agreed portion thereof, is incomplete or defectiv ctor sh I measures as are necessary to complete such Work � edy s O'ci, 15.06 Final Payment �(f A. Application for Payment: � G e) 1. After Contractor has, in the op'ni , ngine fai eted all corrections identified during the final in and h dell red in a ordance with the Contract Documents, all maintenance a opera ' in ruct*o >chedules, guarantees, bonds, certificates or other&idderotie of insu certl t lnspection, annotated record documents (as pron Para klhN 11), a her documents, Contractor may make applicationpayZ;s 2.The final Ap i for P hal11;pn anied (except as previously delivered) b : ' � Y a. II oumenta ' ed for in he Contract Documents; ® � It b. c sent o e urety, i o final payment; c. satisf evident that► all title issues have been resolved such that title to all o aeriabfeNNN *e uipment has passed to Owner free and clear of any Liens �er titled, or will so pass upon final payment. of a es that Contractor believes are unsettled; and � tom d legally effective releases or waivers (satisfactory to Owner) of all Lien ri ing out of the Work, and of Liens filed in connection with the Work. 3. In he releases or waivers of Liens specified in Paragraph 15.06.A.2 and as appr ved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner �reof is ind will ;Work, such E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59of64 against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: C. L 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 as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated abo�th respect to progress payments. At the same time Engineer will also give write e to Owner and Contractor that the Work is acceptable, sub' ct to the prokWof Paragraph 15.07. Otherwise, Engineer will return the A p ' a - n for P to C ctor, indicating in writing the reasons for refusing to end fi Iment, i case Contractor shall make the necessary co ectjb an uit the ion for Payment. MW >tJ Completion o Work: The Work is com I e s ect t s r obli when it is read p f p � g �) Y for final payment as established by the Leer's i co In of final payment. Payment Becomes Due: Thirty d ?�����t++++++he r ent ion Oer of the final Application for Payment and accompanyingdontati h am ommended b Engineer less Y 4u� Y g any further sum Owner is titftd to set inst "� s recommendation, including but not limited to set-off uidat set an e ffs allowed under the provisions above with respect t ss pa will be me due and shall be paid by Owner to Contractor. . -f n� • � 1. 15.07 Waiver of Claims A 15.08 Correction A not coVtitute a waiver by Owner of claims or rights against s claims and rights arising from unsettled Liens, from !r inal inspection pursuant to Paragraph 15.05, from vit the Contract Documents or the terms of any special om outstanding Claims by Owner, or from Contractor's Contract Documents. ayment by Contractor will constitute a waiver by Contractor of all Wrist Owner other than those pending matters that have been duly led under the provisions of Article 17. If within dhe year after the date of Substantial Completion (or such longer period of time as may be prescribed 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, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60of64 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals all court or arbitration or other dispute resolution costs) arising out of or relating to sO's rrection or repair or such removal and replacement (including but not limited toNl� of repair or replacement of work of others). ` C. In special circumstances where a particular item of ea�i:%ent is d7n Conti9$. service before Substantial Com letion of all the Work, e �orrectio i forth start pay start run from an earlier date if so provided i Sp ificatio� G D. Where defective Work (and daa mr Wor ng t has been corrected or removed and replaced under rap co ecti n pp ood hereunder with respect to such Work will be extended for additi iod Qf year after such correction or removal and replacement s been satisf i com t E. Contractor's obligations this p ph are in ition to all other obligations and warranties. The provi��f th' a ph s t be construed as a substitute for, or a waiver of, the pr ' I'15'of an 'c ble �t� imitation or repose. ARTICLE 16 — SUSPENSIO ORK AI DD RMINATI O *0 16.01 Owner May s I Ind Warl(1 A. At an time an Vut caus , Ovaner may suspend the Work or an portion thereof for a Y � Y p Y period of t����e than �cutive days by written notice to Contractor and Engineer. Such notif�_lrfix the a n which Work will be resumed. Contractor shall resume the Work to so ' e ontractor shall be entitled to an adjustment in the Contract Price or to sl✓on ofj tract Times, or both, directly attributable to any such suspension. nnge Pr seeking such adjustments shall be submitted no later than 30 days after date fixesumption of Work. 16.02 Owner May 1%C7PM Ve for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61of64 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceedto: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipme td ed at the Site or for which Owner has paid Contractor but which are stored else ; ,complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of th ct un Wragrap �.f�2.6 if Contractor within seven days of receipt of noti e of, t to t to begi rect its failure to perform and proceeds diligently t it uch failur . E. If Owner proceeds as provided in Par rap402.B, ctor sh I dt be entitled to receive any further payment until �h rk is IN. esof aid balance of the Contract Price exceeds the cost o to the rk, incllated claims, costs, losses, and damages (including bu o imite fees an hgineers, architects, attorneys, and other professiVals sustariNby O ch excess will be paid to Contractor. If the cost to c plete the u d i s elated claims, costs, losses, and damages exceeds such u p balan��ractor sh ay the difference to Owner. Such claims, costs, losses, ag i ul�d by will be reviewed by Engineer as to their reasonableness ;;,� n sod by ncorporated in a Change Order. When exercising any �'-Z r rem ies der th pa raph, Owner shall not be required to obtain the lowest ^44pr the Wo L erformed. F. Where ;�njactor's hav ee�o terminated by Owner, the termination will not affect arights o edies o er against Contractor then existing or which may thereafter accr ny rig or r medies of Owner against Contractor or any surety under any payme or per �a ce bond. Any retention or payment of money due Contractor by Owne of relC tractor from liability. G. If an o xte contractor has provided a performance bond under the provisions f aph 6. e provisions of that bond shall govern over any inconsistent provisions P agrap .B and 16.02.D. 16.03 Owner May to For Convenience A. Upon sevL*n days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62of64 in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate W1 L1 If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to4oSkdue, then Contractor may, upon seven days written notice to Owner and Engineer, an eri ed Owner or Engineer do not remedy such suspension or failure within that minate the contract and recover from Owner payment on the terms as �ed in Pe,raph 16.03. In lieu of terminating the Contract and witho ice tether ri edy, if Engineer has failed to act on an Applicatio Pa ent w days a Is submitted, or Owner has failed for 30 days to pa Cont or any Inally d e Ined to be due, Contractor may, seven days after wr4teMtice t e nd I�stop the Work until payment is made of all such a ue Cont tor, in g interest thereon. The provisions of this paragraph are ntend preclu Con actor from submitting a Change Proposal for an adjust.%ent in Con ra Price 8r.,o tract Times or otherwise for expenses or damage direct attributabl trac r' &pping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUT SPLISF9'1� 17.01 Methods and A. -1�e following disputed matters are subject to final Article: I in part and denial in part of a Claim, or of a denial in full; "Pier and Contractor concerning the Work or obligations under the and arising after final payment has been made. utes: For any dispute subject to resolution under this Article, Owner 'in writing to invoke ementary Conditions; or provided for in the 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63of64 ARTICLE 18 — MISCELLANEOUS 18.01 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: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended;or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be comp e o exclude the first and include the last day of such period. If the last day of any sWc IfpTbd falls on a Saturday or Sunday or on a day made a legal holiday bye law of the a'La jurisdiction, such day will be omitted from the computation. \V1 18.03 Cumulative Remedies I A. The duties and obligations imposed by then ne I Condi 'Ond the d remedies available hereunder to the parties here o are dditio d are t be construed in any way as a limitation of, any rights♦a medle i to y of them which are otherwise imposed or available b v� egulati s, y sp a anty or guarantee, or by other provisions of the Contra prov of his ag h will be as effective as if repeated specifically in the Contra Docu �m t n corwith each particular duty, obligation, right, and reme* to which th Y. 18.04 Limitation o Damages (�-� f g V 'A. With respect to&arball C oposi s, disputes subject to final resolution, and other matt�sue, eit wn no Lfigineer, nor any of their officers, directors, members, p 7 r, empl e , agents,�ltants, or subcontractors, shall be liable to Contra Vany clai ©s, osts, lossyl5, or damages sustained by Contractor on or in conneck�ith an roje nticipated project. 18.05 No Waiver ClIZ A. A party's n rcem ny provision shall not constitute a waiver of that provision, nor shall ' t theability of that provision or of the remainder of this Contract. 18.06 Survival ions V A. II resenta n , Indemnifications, warranties, and guarantees made in, required by, or gl n in ac n with the Contract, as well as all continuing obligations indicated in the Contrac rvive final payment, completion, and acceptance of the Work or termination or compl ion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64of64 Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. 4 O TABLE OF CONTENTS O V Page ` ARTICLE 1— DEFINITIONS AND TERMINOLOGY �O `L I G SC- 1.01 Defined Terms .............................. .►........... .............. ............................... 1 ARTICLE 2 — PRELIMINARY MATTERS SC- 2.02 Copies of Documents . .................... .. 1./....... ................................................... 2 ARTICLE 4 — commencement and p of th SC- 4.05 Delays in Coor s Pros)........ `............................................................... 2 ARTICLE 5—AVAILABILIT ANDS• FACE ANDFRYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL C D S *J# SC- 5.02 Use ite a, nidi Areas. .................................................................................. 3 SC- 5.03 Subsu d Phys 11� iditions.................................................................................. 5 SC- 5.06 H 4 EnvirgNntal Conditions............................................................................... 5 Q� ARTICLE 6 — OI,l4ND IN E SC-6.02 Ins an neral Provisions.........................................................................................5 SC- 6.03 Cont ctor's Liability Insurance......................................................................................... 5 SC- 6.04 Owner's Liability Insurance............................................................................................... 7 SC- 6.05 Property Insurance............................................................................................................ 7 SC- 6.06 Waiver of Rights................................................................................................................ 9 This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC- 7.02 Labor; Working Hours............................................................................................................. 9 SC- 7.03 Service, Materials, and Equipment.........................................................................................9 SC- 7.08 Permits..................................................................................................................................10 SC- 7.12 Safety and Protection...................................................................................................... 10 ARTICLE 8 — other work at the site SC- 8.03 Legal Relationships..........................................................................................^............... 11 ARTICLE 9—OWNER'S RESPONSIBILITIES SC- 9.13 Owner's Site Representative ..................................... ...................... �`o................11 ARTICLE 10 —ENGINEER'S STATUS DURING CONSTRUCTION V SC- 10.03 Project Representative ................................ ...... ............. 1,) ..10 ARTICLE 13 —COST OF THE WORK; ALLOWANCES; U IT RI WORK � G SC- 13.03 Unit Price Work .............................. ........ .. !........................... 10 ARTICLE 15 — PAYMENTS TO CONTRACTOR; SES; CO ON; CO EC N PERIOD SC- 15.01 Progress Payments..... .......`.............................................. 11 SC- 15.03 Substantial Comp W........... ..........................................................................11 SC- 15.03 Final Payme % ........ .....�.�........ ON................................................................ 11 ARTICLE 17 — FINAL R I N OF S........... 11 o P � o P This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page ii ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 00700, 2001 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: 28. Owner — The City of Fayetteville, AR acting through its duly authorized representatives. Add the following definitions to Paragraph 1.01 of the General Con 'tions: `O 49. Advertisement - The legal pub' pertai the Z this contract. ` ]� 50. Geotechnical Baseline R �t f�BR) — T rpre ' rE4rt prepared by or for Owner reg d Subsur onditio the Site, and containing specific sel e tical c°�' s that may be anticipated or e ' pon f inract administration purposes, su he c Ili n pro isiO of the Contract, including the GBR's own t s. Th a CQn`Document. 51. Geotec ical Data R DR) AfaJJac'''"'tual report that collects and prese is to rega ctual s bs ce conditions at or adjacent to the S* udi T h * al D other geotechnical data, prepared by Own por • otechnical Baseline Report. The GDR's ntent , ay nclud to s of borings, trenches, and other site Oinvest' i►�s, recorde easurements of subsurface water levels, the res I�f field aid laboratory testing, and descriptions of the G es igative"*testing programs. The GDR does not include an erpretat'on the data. If opinions, or interpretive or speculative non- e. ctu • ZTents or statements appear in a document that is labeled a GDR,pinions, comments, or statements are not operative parts of t and do not have contractual standing. Subject to that exception, DR is a Contract Document. 52. Grade - The established elevations of the subgrade, base, top of curb and paving; flow lines of storm and sanitary sewers and other appurtenances; etc. as shown on the Drawings." P 53. Plans -Collectively, all of the Drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as Engineer may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the work as authorized under the General Requirements, or for the showing of details which are not shown thereon. This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 1 of 11 54. Surety or Sureties - A bondsmen or party or parties who have made the fulfillment of the contract by Bonds, and whose signatures are attached to such Bonds. 55. Liquidated Damages — The fixed amount by which a party to an agreement promises to pay to the other, in case he shall not fulfill some primary or principal engagement into which he has entered by the same agreement; it differs from a penalty. 56. Davis -Bacon — Term used for the United States Department of Labor Davis - Bacon and Related Acts. These acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Contractors and subcontra must pay their laborers and mechanics employed under the contra diss than the locally prevailing wages and fringe enefits for c ng work on similar projects in the area. The a ment of� determj�i�5, such locally prevailing wage rates. & AApt, 0 57. Business License — a permi t.Ted by aent a Ar)allows individuals or compani cdhductNI?Sw�lth' �hevvgovernment's geographical jurisdict' n. V" ARTICLE —PRELIMINARY MATTERS ` SC-2.02 Copies of Documents a► SC-2.02 Delete Paragraph 2. ' its en ' _Z a td inser'i�h>�following in its place: A. OwA.�Ict- ish o tractor* hardcopy of the executed Contract Docore at* dint rati ddenda and any amendments negotiated prior fctite of the ct (including one fully executed counterpart of Bemenone (1) fppy in electronic portable document format (PDF). A J ional p ' t opiet<the executed Contract Documents will be furnished upon uest at ti t of revA015711on. ARTICLE 4 — COMMENCEMMAND PgaGMS OF THE WORK SC-4.05 Dell�i�ipntract, r ogress SC-4.0 Bnd:Paar `4.05.C.2 to read: 2. t �er-Related Events in excess of the normal amount of Weather -Related e is as provided in SC-4.05.H." SC-4.05 Insert the following Paragraphs after Paragraph 4.05G: H. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather - related delays in excess of these amounts will be considered for time extensions, if This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 2 of 11 requested by the Contractor. Days Included in Contract Times for Normal Weather - Related Events are (on a monthly basis): C Se C 7 Month Normal Weather -Related Events January 6 February 5 March 4 April 4 May 4 O June 3 July August 3 • Se temb ` October , 4 ift ber 3 Ira ece • 6 .02�C1fd�.ClarificatioYofnon-work days. NN d 0 ARTICLE 5—AVAILABIL 3PNS DS; 7k;VWFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CO 5 \U SC-5.02 ►te and 6 Areas SC-5.fi2e d the f . g new paragraph immediately after Paragraph 5.02.C: The or shall also return all grading as required and complete the placing of topsoi and or or seed as directed by the Engineer or Owner. Refer to the Standard Specifications for the installation and maintenance of topsoil, sod or seed. SC-5.02.E Add the following new paragraph immediately after Paragraph 5.02.D: E. Public Convenience: During the progress of the Work the convenience of the local public, businesses and residents along the Work shall be considered and, where This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 3 of 11 possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practical and maintained in good and safe condition. Access shall be maintained to businesses at all times during their hours of operation. Construction materials shall be stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within 5 feet of any tree or building nor within 10 feet of any fire hydrant; fire hydrants shall always remain accessible and ready for immediate use by the fire department. SC-5.02.F Add the following new paragraph immediately after Paragraph 5.02.E: F. Dust, Mud, Drainage, and Erosion Control: For all sites one (1) acre and larger, minimum erosion control measures shall be conducted. The Contractor shall make all necessary precautions and measures nec j'a to prevent generation of unnecessary dust or mud and the accumul� ust or mud on vegetation, structures, streets, parking lots o er areas whl, ay be a cted. Earth surfaces shall be kept moist with water r plicati safe ch dust suppressant. I The Contractor shall provide for the I' ai� of stoP,ecn�l and eras may be applicable or discharged on the si ng per ff th tract. All existing drainage channels or con 'ts s all b supplemented as necessary to carry all incr s -off at to e o actor's operations. The Contractor shall preven r ion o I n the si an djacent property resulting from their const mction activ Ie . ffectit Ie cures shall be initiated prior to the commencemeof clearing g, ex, or other operations. RIM The site shall b*e"Nr IIeean a rly, all bri cleaned up at least once at the end of the day �n� c a kep a of any mud or debris. 77CC � H '0, SC-5.02.G Add the fol G. N SC-5.03 I'Vurface after Paragraph 5.02.F: lfh: The Cvtractor shall prevent the destruction of all trees aloro,the course of the work to be performed under this r cultW7plants shall be removed unless their removal is . inee , or the Engineer's representative. Furthermore, all f i�6s and plants shall be performed by qualified nurserymen (► trimming shall be performed with anything other than no earth -moving equipment shall be used. �qAs 3f explorations or tests of subsurface conditions at or adjacent to the Site, Trg'wings of physical conditions relating to existing surface or subsurface ctures at the Site, are known to Owner. SC-5.06 Hazardous Environmental Conditions A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 4 of 11 B. Not Used. SC 5.06 Delete Paragraph 5.06.1 in its entirety. SC 5.06 Add the following to the end of Paragraph 5.06.J: Contractor acknowledges that the Owner is entitled to tort immunity under A.C.A. 21-9-301 ARTICLE 6 — BONDS AND INSURANCE SC-6.02 Insurance — General Provisions SC 6.02 Paragraph 6.02.13 is modified to remove the words "Owner or". SC 6.02 Delete Paragraph 6.02.D in its entirety. `O SC 6.02 Delete Paragraph 6.02.H in its entirety and insert t ''lo ving in ' e: '40 H. Without prejudice to any other right or r me jrti�the C or has obtain required insurance, the Owner may ele t tain equ' insu 'protect the Owner's interests at the expense of t k0just tractor as req provide such coverage, and the Contract Price sh be a dingly. SC-6.03 Contractor's Liability Insuranc ���++ SC 6.03 Delete the word Blanket )Fom Paragr 03.C.A a► SC 6.03 Add the following se a to the 1 bF Para g 3.C.4: Cross liability is s Ily n t cc ed. SC 6.03 Delete the w�"or equi a "fro h�l�M f Paragraph 6.03.C.7 and substitute the folio wlg W its pla I :Zorsem ��bfitt 20c38`(Additional Insured —Automatic)" SC 6.03 Del wor " Vtomobi iT*ility" from Paragraph 6.03.D and substitute the following ir�ce: • 1113 Auto � e" SC 6.03 Ad <L*\0foIIOWiearagraph immediate) after Paragraph 6.03.J: Y I� The I' f liability for the insurance required by Paragraph 6.03 of the General ons shall provide coverage for not less than the following amounts or greater ,ere required by Laws and Regulations: Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman's): Statutory Employer's Liability: This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 5 of 11 Bodily injury, by Accident Bodily Injury by Disease Bodily Injury by Disease $500,000 Each Accident $500,000 Policy Limit $500,000 Each Employee Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: General Aggregate $ 2,000,000.00 Products - Completed Operations Aggregate $ 2,000,000.00 Personal and Advertising Injury $ 1,400 0�0 Each Occurrence (Bodily Injury and Pr Damage) 000 0 0 3. Business Auto Coverage under P graph of the( �en �l�al Conditions: V Combined Single Lim' o q1U()00,000.00 4. Excess or LielltrLiability: G ` Per Occu $ 2,000,000 Gee rega • $ 2,000,000 (Road Pr e Insura ce I applicable): V O � As directed by AR & $ MO Railroad 6. tioonal In addition to Owner and Engineer, include as additional reds t wing: ontr r ' Professional Liability: E h laim $ $1,000,000 �Iln al Aggregate $ $1,000,000 P If box is checked, Contractor is not required ❑ to provide Contractor's Professional Liability insurance under this Contract SC-6.04 Owner's Liability Insurance SC-6.04 Delete Section 6.04 of the general conditions and substitute the following in its place: This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 6 of 11 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgments of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the name of OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in than amount not less than $1,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect OWNER and ENGINEER from contingent liability under this contract. SC-6.05 Property Insurance ^ SC-6.05.A. Delete Paragraph 6.05.A in its entirety and insert the following in 'tS�pc Kp A. Contractor shall purchase and maintain pro rancesu e Wore Site in the amount of the initial Contract Su lus vaf se t ontract modifications and cost of materials su i d or inst other ing total value for the entire Project at the(t)one replac cost ntractor shall be responsible for any deducti or s-ins a tion. Tjrance shall: 1. include the interest r, Contra r, Subc ctors, Engineer, and (here identify by name (no a e) anindividts or ntities to be listed as loss payees]; PIZ, � 2. be written ilder's IIII-risk" r�ialent policy form that shall at least I '� nce f sibyl loss mage to the Work, temporary buildings, fals ,end m I San t in transit and shall include, without li , insu nce gainst he owing perils or causes of loss: flood, fire, ing, ed coverage, theft, vandalism and malicious mischief, Grthqua `' c lapse debrieremoval, demolition occasioned by enforcement of Laws Rc gulationi meter damage (other than that caused by flood), and such otl e rils or tcaAs of loss as may be specifically required by these Wes incurred in the repair or replacement of any insured property ut not limited to fees and charges of engineers and architects); Kmaterials and equipment stored at the Site or at another location that was eed to in writing by Owner prior to being incorporated in the Work, provided th``at such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 7 of 11 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued; and 8. comply with the requirements of Paragraph 6.05.0 of the General Conditions. 9. specify that insurance provided by Contractor will be considered primary and not contributory to any other insurance available to Owner or Engineer. SC-6.05.B. Delete paragraph 6.05.13 of the General Conditions in its entirety and insert the following in its place: B. All policies will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies re a nder the Contract. Any such wording as "will endeavor" or "but failure torn s notice shall impose no obligation or liability of any kind the Compa��s all be deleted from the policies and certificates. (� � I SC-6.05.E. Delete paragraph 6.05.E of the General C itiolls in its ;��Q5ancl in following in its place: (�1 G V E. Contractor shall protect 0 ainst urin we of the contract. If, due to the nature ofect, ins an coveragi�ther than that specified is needed by Contractor/ rotect r again II losses, Contractor shall be responsible for the d�4erminati f nd p nt of any additional insurance needed. G SC-SC-6.06 Waiver of Rights �► �� SC-6.06.A. Delete Para 06.A itstirety ` G SC-6.06.B. Del e aph 6.0 Its entire*. SC-6.06.C. Delete aragra C in its 3?ire-ty. SC-6.07 i and A Lion of Property Insurance Proceeds SC 6.07 Deletrds "t ute resolution provisions of this Contract or" from Paragraph ARTICLE 7— CVTRACT SPONSIBILITIES SC-7.02 Labor, orking Hours SC-7.02.13. Add the following new subparagraphs immediately after Paragraph 7.02.13: 1. Regular working hours will be 8:00 am — 8:00 pm. 2. Owner's legal holidays are: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Eve, and Christmas Day. When a holiday falls on a This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 8 of 11 Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. 3. For a calendar day contract, Saturday, Sunday and legal holidays shall be considered as included in the contract time. SC-7.02.C. Add the following new paragraph immediately after Paragraph 7.02.13: C. For a calendar day contract, weather -related events as described in 4.05.H shall not be considered for Saturdays, Sundays or legal holidays unless specific written approval was granted beforehand. Special consideration may be given for weather -related events whose duration exceeds seven (7) consecutive days. D. Davis -Bacon Act requirements for employee compensation shall apply to this contract. _^ SC-7.03 Service, Materials, and Equipment SC-7.03.113. Add the following new subparagraph immediat a Paragr .B: All salvaged materials not the property of ther ies sha in the of the Owner unless otherwise provided for ink ailed sp ons. T4b ractor shall SC-7.07 SC 7.07 SC-7.08 handle, transport, and store such salvatekract aterials` *gnatedpo?s or locations at no additional cost to the Owner. T�Co g e respy�l�W for the care and protection of such materials u I ed to i na on or installed in the new work when so specifie all go d a I s occasioned by damage, theft, or misappropriation whi a ma s re op t ork Site or en route to place of storage. �� A ` Patent Fees and RoVneys' "e _(k l I j Delete the wor araB and add the followin sentence to � l� g the end of :5�aph7. B: Ow s� the provide gal representation for the contractor in the event of gal ction r to th ubsection. Only if Owner waives its right to provide its choic of atto ill the 0 er be responsible for the Contractor's attorney fees for any dispute un& Is subsection only. SC-7.08. B. SC-7.12 Safety and Protection subparagraph immediately after Paragraph 7.08.A: subcontractors are required to obtain a license from the State of rs Licensing prior to commencing, engaging or carrying on any of the SC-7.12.0 Delete Paragraph 7.12.0 in its entirety and insert the following in its place: In order to protect persons from injury and to avoid property damage, the Contractor shall provide adequate barricades, construction signs, lights, guards, flagging, and watchmen during the course of the construction work until it is safe for traffic or the public to use the roadway or other area freely and safely. All open trenches or other This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 9 of 11 excavations shall have such protection. Trenches left open shall be fenced, plated and/or barricaded at all times when construction is not taking place. Materials stored upon or alongside public property, streets, roads, and highways shall be so placed, and the Work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the public. Execution of all safety provisions is the sole responsibility of the Contractor. SC-7.12.E Insert the following after Paragraph 7.12.E: It is understood that all measures for protection of the Site, the Work, materials stored, Contractor's equipment, and existing facilities against vandalism and theft is solely the Contractor's responsibility and that no claim shall be brought against the Owner and Engineer for such damage or loss. ♦`O ARTICLE 8 — OTHER WORK AT THE SITE O V SC-8.03 Legal Relationships I SC-8 03Delete Paragraph 803.A in its entirety. N -� ARTICLE 9 — OWNER'S RESPONSIBILITIES ♦ G�O v.X �%► v ARTICLE 10 — ENGINEER'S STATUS DURING C01QVTI SC-10.03 Project Representative I NO SC-10.03 Add the following n graphl diatelf ter aragraph 10.03.A: B. On this Pr ' ner/ e wil ♦ i a Resident Project Representative to re re inee t tRSite i t Engineer in observing the progress and qu^ the W ARTICLE 13 — COST F T E WOR AN UNIT PRICE WORK SC-13.03 Unit Price Wg�l�1 SC 13.03.E Delete ph 13. its entirety and insert the following in its place: E. nit pri� an item of Unit Price Work shall be subject to reevaluation and ,A7 adjustme� er the following conditions: 1. extended price of a particular Item of Unit Price Work amounts to 25 Prc nt or more of the Contract Price (based on estimated quantities at the tl e of Contract formation) and the variation in the quantity of that particular Item of Unit Price Work actually furnished or performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 10 of 11 3. if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may submit a Change Proposal, or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract Price. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 Progress Payments SC 15.01.131 Delete Paragraph 15.01.D.1 in its entirety and insert the following in its place: SC-15.03 1. Thirty (30) days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set- offs) will become due, and when due will be paid by Owner to contra Substantial Completion 0 SC 15.03.E Add the following new subparagraph to Paragr 3.6: �► V 1.If some or all of the Work has been de rnlo' not 7ell ' a poiPcc tantial Completion and will require re-inspe re -test ginOarties tf such re -inspection or re -testing, including h st of ti nd expenses, shall be paid by Contractor to Owner. nt act t p are unable to agree as to the amount o 0wne ay mpo a able set-off against payments due under Articl SC-15.06 Final Payment U`�' SC 15.06.A.1. Add the followin '�:! subs a. A on m I E ap c for4anARTICLE 17 — FINAL dION OFE. 1 SC-17.01 Meth s aneh7.01%frJtsV res SC-17.01 Delete Pa,Ca rr ARTICLE 18 — SC-18.09 18.09 �v EO 9 paragraph: G`. 15.06.A.1.: to be provided with the final of the final contract amount. The parties agree that proper jurisdiction and venue for any cause of action arising from this Agreement shall be vested in the Circuit Court of Washington County, Arkansas. SC-18.10 Add the following new items: A. Burning and Blasting: No burning nor blasting shall be permitted for this project. This is a MODIFIED version of EJCDC® C-800, Supplementary Conditions. Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers or is based in part on excerpts from EJCDC documents. Those portions of text that originated in published EJCDC documents remain subject to the copyright. Page 11 of 11 Written Specification for Stream Restoration August 9, 2021 General Specifications for Stream Restoration Tanglewood Branch Channel Restoration and Aqua Habitat Improvement P R _J `L G Pr@4e d Q Watershed Co,�Arvati e Center G � � G 0 Au st f , 2021 G o P Page I 1 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 Table of Contents 1.00 Unit Prices 2.00 Material Storage and Handling Requirements 3.00 Temporary Environmental Controls 4.00 Field Engineering 5.00 Site Preparation 6.00 Site Work 7.00 Site Finishing 8.00 Stream or River Channel and Floodplain Ex avation 9.00 Soil Mattresses 10.00 Sod Mats "J 11.00 Rock Riffle Grade Control and Bould G'iusterNO �► 12.00 Stacked Rock C_ 13.00 Streambank Filling, Grading, an h pi Qj 14.00 Stone and Rock Revetment 15.00 Concrete and Asphalt Rem ` 16.00 Materials and Procureme4ltems G � Q � G 0 0 , G o P � o P Page 12 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 1.00 UNIT PRICES Part 1 - GENERAL 1.10 SECTION INCLUDES A. Delineation of measurement and payment criteria applicable to Unit Price Work, 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. 1.11 AUTHORITY ^ A. Measurement methods are delineated for each individual bid item, or ps of similar items, under this section. O A B. The ENGINEER will take all measurements and co quan ' accord' C. Assist by providing necessary equipment, w TrNrS,, and su �erson required. 1.12 UNIT QUANTITIES SPECIFIED , v �► V" A. Quantities and measurements Indic in the orm a&ad Diddin and contract 9 purposes only. Quantities and me�su ment ied w. in the Work and verified by ENGINEER shall determine �yrrient exc a it ork that will be paid based on plan quantities. QPore �,B. If the actual Work re r `rrqq►uaM ss an those quantities indicated, provide the required quanti ' the it ' s co ra� V 1.13 MEASUREME FF ANT A. Measureme y Wems me d by weight will use specified standard handbook weights unless othe specifi dithis section for an individual item. B. Measuremen ume: e T red by cubic dimension using mean length, width and height or t ' s with chain or a steel tape. C. Me unt by . easured by square dimension using mean length and width or rah iN wi sury in or steel tape. D. Linear Meas a t: Measured by linear dimension at the item centerline or mean chord with survey c ain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by the Project Manager. F. Planned Quantity: measurement is based on quantity specified in drawings and does not need to be measured again. Page13 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 1.14 PAYMENT A. Payment Includes: Full compensation for required labor, products, tools, equipment, fuel, plants, 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. 1.15 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified re ents. B. If, in the opinion of the ENGINEER, it is not practical t ove and the k, the ENGINEER will direct that the defective Work will b r d to t sfactio e ENGINEER, and the unit price will be adjusted to a n� rice iscreti e ENGINEER. C. The authority of the ENGINEER to asses the ect antify pa e Tadjustment is final. /// 1.16 NON-PAYMENT FOR REJECTED P TS A. Payment will not be made fo ny of the fo 1. Products wasted or ed of i nner th i not acceptable. 2. Products determi unac a befor or fter placement. 3. Products not ely from► sporting vehicle. 4. Products pl �yo th s, I e s3 o ndaries of the required Work. 5. Products r ing on d after ction of the Work. 6. Load' h@a ng an sing ofpjected Products. 1.17 INCIDENTAL I S O A. General - Ite i a ed a i ital to a particular payment item are considered an integral part aymeand will not be measured or considered in determining payments. B. Sad ty is red as incidental to every payment item, except for excavation s e ich is rate bid item. C. Testing - Tei installed work required by the specifications to be completed by the CONTRACT R is incidental to any item included in the unit or system being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. D. Excess excavation - Excess excavation is generally incidental to the payment item, except where the ENGINEER has indicated that an excavation be expanded due to subsurface conditions. Page14 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 E. Miscellaneous - Clean-up, project closeout, project record documents, and all costs not directly mentioned in this section are considered as incidental to the Work. 1.18 PAYMENT ITEMS - NOT INCLUDED IN INDIVIDUAL SPECIFICATION SECTIONS A. Mobilization (Pay Item 1) 1. Description - The preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, trash receptacles and incidentals to the project site; for the establishment of the CONTRACTOR's offices, buildings, and other facilities necessary to undertake the work on the project. This item shall also include other woreandop ons that must be performed, or for expenses incurred, before beginthe various Contract items on the project site. In no case shall the ar the item of "Mobilization" exceed 5% of the total cict amoitems listed in the proposal. vZj2. Incidental Items - It shall also include pre�� tructi�erthha ecessary direct costs to the project and are of a bnffral nat attributable to other pay items and a Qontract( 3. Related Items —Section 3 Site FkepaVon. D' G 4. Units and Measurement - Pao mp s �► 5. Partial Payment Provision ble pa I paym wlfl'be based on the percentage of the origins act a exclus a oi�he item of Mobilization according to the followinasc edule: N, 7 � ntag ginal Percentage of Bid Price ntr nt Ear � for Mobilization Allowed u Fir ogress Ee 25 �•/ 10 50 O O 5 100 G o �. Part 2 —PRODUCTS Not us V Part 3 — EXE I� Not use Page 15 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 2.00 MATERIAL STORAGE AND HANDLING REQUIREMENTS Part 1 - GENERAL 2.10 SUMMARY A. Protect materials scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and specifications make in Section 2 — General Requirements. 2. Additional procedures also may be prescribed in other Sections of Specifications. OV 2.11 QUALITY ASSURANCE I A. The CONTRACTOR's procedures and oper ti ns all as II pro of work and materials 2.12 STORAGE V" A. Materials, supplies and equipmelsh I be s in an %r fashion at the site of the work as will not unduly interff with the p s of or of other contractors. 2.13 PROTECTION v A. Provide the neces re in nll g pr ce es o prevent damage to materials and equipment deliv the jo I B. Maintain n es ary sec ncin d measures to prevent damage through vandalism or theft. C. At all times sa I d th R'S property from injury or loss in connection with this Contract. At s safel d and protect the Work, and that of adjacent property, from damage. and ch equipment as may be necessary to protect adjacent propert ag ed by construction equipment, dust, mud, dirt, and refuse from op e ti ailur vent such damage shall be cause for stopping the Work until dust, m , i , and r re controlled. Be fully responsible for safety precautions and protection p ance of the Work. D. Exercise due are to avoid damage to existing improvements or facilities, fences, building, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever the ENGINEER shall direct CONTRACTORs to carefully protect the Work and materials against damages or injury from the weather. Page 16 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 2.14 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of the ENGINEER and at no additional cost to the ENGINEER. B. Additional time required to secure replacements and to make repairs will not be considered by Project Manager to justify an extension in the Contract Times. Part 2 — PRODUCTS Page 17 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 3.00 TEMPORARY ENVIRONMENTAL CONTROLS Part 1 — GENERAL 3.10 DESCRIPTION A. The work conducted under this section will consist of the prevention and/or mitigation of impacts from pollution and erosion during construction. This section sets forth the requirements to prevent or minimize the production of sediment and other pollutants to the water and air during construction operations. B. Control of sediment production and its introduction to the water course shall revented or minimized during all operations to complete the work under this contract o lowing items set forth some, but not necessarily all, techniques which may be requbdd er this contract. O Zq C. Protect adjacent properties and water resources fro sion d11 imen n 1 p p throughout from the beginning of the work until i accepta 64 3.11 RELATED SECTIONS `L G A. UNIT PRICES B. SITE PREPARATION � ,� � V► G � C. SITE FINISHING G � 3.12 UNIT PRICES • �� A. Payment for this ' hall b de on a 1; um price as established in the bid documents. aymen onstitutp full compensation for all labor, equipment, tools, disposal a al o er it ide to the completion of the work. Compensation for any item of work scribe a contra t not listed in the Bid Form, will be included in the payment for the ite ork to hic it is made subsidiary. Unit prices for work covered under this sec' defin ction 1, including incidentals, related work, method of measuremen artial �nt provisions, if any. 3.13 QUALITY CEn'� A. Wbr n er thi n shall be performed by workers trained and experienced in this type of work. B. The CONTR CTOR is responsible for reviewing all drawings, specifications and site conditions to become familiar with the requirements. Part 2 - PRODUCTS 3.20 MATERIALS A. All materials utilized shall meet the requirements as set forth in this section. All materials Page 18 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 and/or supplies utilized for the purpose of pollution control shall be of new or good condition. B. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet, or sudan grass, meeting the requirements of the Arkansas State Plant Board. C. Fencing for siltation control shall be filter fabric supported by posts and woven wire. Fabric shall be Mirafi 140N, or approved equal. Type 4 filter fabric may also be used. Pre- fabricated silt fence rolls may be substituted on approval of the ENGINEER or Project Manager. Type 4 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability even when wet, good soil filtration characteristics, and hoigh resistance to tear propagation in all directions with the following characteristics: O Property Test Method n Avq Ro es Grab Tensile Strength ASTM D 4632 <0120 x S. Grab Elongation ASTM D 4632 100 Mullen Burst Strength ASTM D 1786 ` 3 Puncture Strength ASTM 48V G Trapezoidal Tear Strength AST*M 533 Ibs. Apparent Opening Size 651 �0 Permittivity 44 0. sec Flow Rate �S D 4 rN .2 pm/sq ft UV Resistance ASTM o Strength Retained The fabric shall be appr the P Mana H or she may allow fabric that has some similar but not ct sracteA the above. Any Type 3 fabric shall be on the AHTD qualif' d u c s NZ), Ci Straw wattl n use ' ce of silencing in areas approved by the ENGINEER D. Erosion con mattin �quired, be either 13.1 ft x 83 ft coir fabric or 6.56 ft x 166 ft dependent on spe ' ' eeds. ate al shall have a weight of 29 oz/ SY, dry tensile strength mach' tion bs/ft and cross direction dry tensile strength of 1160 Ibs/ft. Weight stren chine direction of 1776 Ibs/ft and 936 cross direction tensile strength 93B A thi of 0.5 in, minimum twine count MD x CD per foot of 39 x 18. Slopes i of 3 0 II have erosion matting. E. Tr mul ch as loose hay, straw, netting, wood cellulose or agricultural silage. Part 3 - EXECUTION 3.30 GENERAL A. Based on the area of disturbance, a Storm Water Pollution Prevention Plan (SWPPP) complete with a description of the best management practices to be followed and a Construction Site Notice is required under ADEQ's Construction General Permit ARR150000 for this site. The ENGINEER shall be responsible for providing the SWPPP and Construction Site Notice. The CONTRACTOR shall be responsible for maintaining a copy of Page 19 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 the SWPPP and Construction Site Notice on site at all times. B. The Drawings may indicate approximate locations for erosion control devices such as a stone construction entrance and silt fencing. These should be considered minimum requirements at approximate locations. Maintain erosion control measures required to control erosion and siltation based on site conditions encountered and the nature of the construction. Items shown on the plan are for general direction. The construction site is dynamic. The CONTRACTOR is responsible for controlling flow from the site and implementing any measures necessary to do this during every phase of the project. SEDIMENT AND EROSION CONTROL MEASURES A. Sediment production and its introduction to the water course shall be preve or minimized during all operations to complete the work for the project. The i g items set forth some, but not necessarily all, techniques which may be required project. B. General: 1. Place erosion control systems at all locations ne ary to 6�0 work a om erosion duringconstruction. 2. All sediment spilled, dropped, washed or�f'i ck onto roadw all be removed immediately by the CONTRACTOR. 3. Temporary erosion control systems be m t i to i V i ation at all times during construction operations. 'I maint erosio t systems in satisfactory condition may resu edu from p Olt 4. Respond to any maintenance sr a dRion k ordar the ENGINEER within a 48- hour period. k ^ C. Project Staging: V 1. Soil disturbance d n�'ons '►will ba to minimize the area of disturbance at any given point' con trG„°�,' pro s 2. The ENGINE ay limi surface �f erodible earth material exposed by clearing 9 bing, tion, bo,row and embankment operations and direct that perma nt r empo osio ontrol measures be provided immediately. Incorporate all perm nt ero ' ntrol fe s into the project at the earliest practical time to minimize the n r tempo ary ontrols. Permanently seed and mulch cut slopes as the excavali0 o eed .1 t xtent considered desirable and practical. 3. Slopes the easil be temporarily seeded as the work progresses with a wheat, ats(a on. D. Te o ulchi V 1.o'rary g may be required when permanent vegetated stabilization of the dis urb II be delayed. Temporary mulching will be required when stockpiles of topsoil a ill not be used for an extended period of time. Temporary mulch will be required shown on the Drawings and when designated in the specifications. 2. Temporary mulching will be accomplished by the application of cellulose hydro -mulch, chopped hay or straw, tackifiers, burlap, cellulose mat or another acceptable erosion control material. 3. Materials such as cellulose mats, burlap and other products manufactured for erosion control shall be installed in accordance with the manufacturer's specifications and instructions. Page110 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 4. Temporary mulch provided by cellulose hydro -mulch and hay or straw will be completed as set forth in the site finishing specification, pages 17-20. E. In -Channel Sediment Control: 1. If required during construction, sediment laden water generated within the area of new channel excavation will be pumped to a secondary channel that contains rock check dams. The water will filter slowly through this channel before discharging to the main stem of Tanglewood Branch. 2. Discharge areas from all pump hoses shall be stabilized. At no time shall the pump discharge be allowed to cause erosion at the discharge point. The CONTRACTOR shall use rock, geotextile, a concrete energy dispersion device or another suitable method to protect the pump discharge point. 3. If water needs to be pumped around any particular area, it will be filter ugh a dewatering bag if the water contains a significant amount of sedfnb 4. Sediment may also be controlled by constructing b - s channivert f around work areas. ` 5. Changes to the CONTRACTOR's sediment con�t leasur fre e by the Project Manager or ENGINEER upon obse idn of ina e filtra 1 g p 0 sediments or upon request of applicable a ulating ag ' G 3.32 EQUIPMENT FUELS AND LUBRICANT4 ov V" 4 A. The CONTRACTOR shall take all a ary utions t re nt the spill of chemical pollutants. Chemical pollutants my i ude, a notliZto, fuel, oil, grease and hydraulic fluid. B. Equipment Leaks: V �' 1. All equipment u e rie pr e Mall beef leaks and excessive deposits of materials such by rauu id, n r lubricants. 2. At the start of workd the CON TOR shall perform a visual inspection of each piW f ipme eck for�paks. During equipment operations, the CONT C sh forJQaks which may develop. 3. In the e a piec quipme elops a leak during the construction work, the CONTRACTO I imme� ate remove the machine from the stream channel area and repair . All ' `s 'rluids will be cleaned from the machine prior to its return to the wor . Any s i of fluids during repairs shall be cleaned up with conta soil r from the project area and disposed of in an approved locati a tv aterials. C. Eq ' n Fuelin V 1. a NT R shall provide for safe fueling of all equipment within the work area. Th COK R must be aware that the work is being performed in the Tanglewood Branch ed area. 2. Under no ircumstances shall equipment be fueled within the stream channel area. 3. The CONTRACTOR shall carefully fuel all equipment with special attention not to overflow the tank and create spillage. All fuel tanks shall have tight, leak proof caps. 4. All equipment re -fueling must be completed under the observation of the person conducting the fueling operations. At no time will fueling be conducted using automatic shut -offs on the pump or without an observer present. D. Fuel Storage: Page Ill Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 1. All fuel stored on site must be in a suitable container. Fuel storage in containers greater than five (5) gallons shall be in a containment tank which meets or exceeds NFPA standards or other applicable local, state and federal regulations. 2. Pumps on fuel storage units must be in good working order and free of leaks. Hoses and nozzles must also be free of leaks. The CONTRACTOR shall remove leaking fueling equipment from the work site upon direction of the ENGINEER. 3. Any fuel storage container used on site which has a capacity of greater than five (5) gallons must be constructed of a double -wall design, or must have a suitable containment structure as part of the tank. Tanks should meet NFPA standards. E. Equipment Service and Repair: 1. In the event that the CONTRACTOR must service or repair equipment d g construction, appropriate measures will be taken to prevent contamin d3l the soil and/or water during the service/repair operations. 2. Under no circumstances will equipment be service i he strea nel ar All equipment must be removed from the channel t d plai for s 3. All waste lubricants and other chemicals will be sed of ' a ed, w r ht tanks. No more than five (5) gallons of waste lubri twill bed on s' ste fluids, filters, parts and other items related to ine servi repai e removed from the work area and disposed of i an a opriat er. 6 3.33 SANITARY FACILITIES ` A. The CONTRACTOR shall provided uate ry faallit r the CONTRACTOR's work force, if required. Chemical t is shall be ed i ity that is consistent with the requirements of state and/ 3horal re s. Che c toilets will be placed no closer than one hundred (100) m the r dge. T C NTRACTOR will provide for routine maintenance and c1l a th faciliNO 3.34 OTHER CHEMICAL9K Ci A. In the eve th�vrk re the of �oother chemicals (i.e., herbicides) the CONTRACTOR will u chemi a manner that is consistent with the chemical's labeled use and th ufactur is i structions. 3.35 AIR POLLUTIO ` ` A. Debris B i 1. ingg of brush or other debris shall not be allowed. B. Dust ontr 1. The CO TOR shall be responsible for the control of excessive dust on both public roads an project access roads. The CONTRACTOR shall be prepared, at the request of the Project Manager or ENGINEER, to suppress dust. C. Equipment Emissions: 1. The CONTRACTOR shall be responsible to insure that all equipment has proper and functioning emissions control systems. All equipment will have mufflers and will be free of excessive smoke emissions. In the event the CONTRACTOR's equipment is emitting excessive smoke, the equipment will be removed from the work area and repaired or a Page112 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 substitute piece of equipment will be brought to the project site. The CONTRACTOR will be solely responsible for the mobilization and demobilization costs associated with replacement of any equipment which is pulled from service. 3.36 MAINTENANCE, REMOVAL AND RESTORATION A. The CONTRACTOR shall maintain all pollution and erosion control measures in good operating form until such time that the measures are no longer needed. Upon completion of the work, the CONTRACTOR shall remove any temporary pollution and erosion control measures installed during construction and shall restore the site to original conditions as reasonably practical. �O N** �OG • G � Q G � G � � G 0 0 , G o P � o P Page 113 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 4.00 FIELD ENGINEERING Part 1 — GENERAL 4.10 SUMMARY A. This Section defines staking and field engineering services that the ENGINEER will furnish, and sets forth responsibilities of the CONTRACTOR regarding the utilization acceptance of same. B. Definitions 1. "Control Stakes" are the original reference points set by and approved by the ENGINEER for the construction work, i.e. centerline staking at the PI's, & PT's and TBM's. 2. "Construction Staking" is all other staking necessary, as the job p ' s, to construct the project according to the drawings and specifica o . 3. "Field Engineering" refers to design determinati a by t ( ineio construction that follow the general scope of wor sente q e Pla Specifications but are adjusted to account fc nown fil�diti nduring construction. ` ��► �L o' G 4.11 RELATED SECTIONS , v �► V" A. STREAM OR RIVER CHANNEL A 0ODSM XC A VN B. ROCK RIFFLE GRADE CONXR(& AND ER RS C. SOIL MATTRESSES v��,, D. STACKED ROCK (� G E. STONE RO THE �+ 4.12 REQUIREMEN O A. The ENGINEprovii'ollowing staking: 1. Set temp enchQto 2. Reset takes l be in error. 4.13 CONS N ST A. The E GI al provide all construction staking as needed to complete the Work. 4.14 FIELD ENGINE ING A. The ENGINEER will make final design determinations regarding planned work so that the implemented work follows the general scope shown in the Plans and Specifications AND is compatible with the on -the -ground conditions that are encountered during construction. B. Variations in construction materials and site conditions will require design decisions to be made in the field. The ENGINEER will work directly with the CONTRACTOR to implement Page 114 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 field -engineered elements of the Work. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used Page115 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 5.00 SITE PREPARATION Part 1 — GENERAL 5.10 SECTION INCLUDES A. Clearing and Grubbing Materials Preservation B. Relocating Construction Materials C. Miscellaneous 5.11 RELATED SECTIONS A. UNIT PRICES O �G.J r o3 I B. TEMPORARY ENVIRONMENTAL CONTROLS I` �O �' C. SITE WORK �Ie) G 5.12 UNIT PRICES A. Payment for this item shall be maS a on a lu pric6 -6tablished in the bid documents. Such payments II constitut mp for all labor, equipment, tools, disposal and all other iternsrn4wftntal t ompletio the work. Compensation for any item of work described i ontr c biot li n the Bid Schedule, will be included in the payment for the ' ork h it i eubsidiary. Unit prices for work covered under this section 'Fined re sly i he IT PRICES section of these specifications, i i g incid n s, relate method of measurement, and partial payment pr s if any 5.13 QUALITY ASSUR CE O A. Work under th' on sh t�erformed by workers trained and experienced in this type of work.► 5.14 SUBMITTAL � V A. If req s ed, s idence of permission to dispose of site preparation debris on private property. Part 2 — PRODUCTS P Not Used. Page 116 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 Part 3 — EXECUTION GENERAL A. The work under this specification shall consist of harvesting materials for construction of the streambank stabilization, relocating construction materials, and miscellaneous activities required to prepare the site for construction. Each item of work is considered a separate type of site preparation defined as follows: 1. Clearing and Grubbing Materials Preservation — Brush, logs, and sod mats with primarily native vegetation encountered during clearing and grubbing ac ' ities will be preserved for use in streambank stabilization and revegetation. 2. Relocating Construction Materials — Materials such as boulders t e , gravel, and topsoil may need to be distributed throughout the ' o 3. Miscellaneous: Demolition, removal, relocati, r, of a that i orarily or permanently in conflict with the proposed itE work. i Ily, an it that is not specifically noted as a pay item. It mayor RGy not t ated owings. 5.31 CLEARING AND GRUBBING MATERIALS P ESK ATIO G A. During clearing and grubbing activ�ItockQii i , rees, I bru an be used in construction of the restoration shoin oca ' nsignated by the ENGINEER. G B. If areas of significant native popul s re to ` grubbing, sod mats should be harvested as specified i D M lction. 5.32 RELOCATION OF CONS TIO 11 ! RIA A. Efforts have e n de by GINEEF to distribute materials throughout the site for efficient us ever, ' ticip ed Mat construction materials, including boulders and fill will nee a distr' t throug the site, depending on need. 5.33 MISCELLANEOUS A. Any item noto)ga undV��er pay item that may or may not be indicated on the Drawings ds removed or relocated to prepare the site for other items of work thaVa en nov a pay item will be included in Site Preparation. M* Page 117 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 6.00 SITE WORK Part 1 - GENERAL 6.10 SECTION INCLUDES A. These general site work requirements apply to all site work operations. 6.11 RELATED SECTIONS A. TEMPORARY ENVIRONMENTAL CONTROLS B. SITE PREPARATION �O C. STREAM OR RIVER CHANNEL AND FLOODPLAIN nVATIO e) D. SITE FINISHING I 6.12 PROJECT CONDITIONS `L G e) A. When uncharted or incorrectly chart roun orRho rii`ties and services are encountered during site work oper i otif t E IN Ewill notify the applicable utility company immediately to obtai ocedu i ctions operate with the applicable utility company in maintainin actiolle servic s ' era B. Locate, protect and maintai ch mark nume trol points and project engineering reference po' a-esta sturb o estroyed items at the CONTRACTOR's exp C. Control dust caused work. pen required. Comply with pollution control regulation e r n i au orities D. Protect existin o not a with ex i g and planned buildings, structures, paving and other a or facili a on site aneadjacent to the site from damage caused by site work opera ' Cost r air an ration of damaged items at the CONTRACTOR's expense. E. The CONTRACT all b& red to move construction materials to higher ground if flooding condi e fore meteorologists and if requested by the ENGINEER. 0Part 2 — PRODUCT Not Used. Part 3 — EXECUTION P 6.30 EXAMINATION A. Examine the areas and conditions under which the site work is performed. Do not proceed with the work until unsatisfactory conditions are corrected. B. Consult the records and drawings of adjacent work and of existing services and utilities which may affect site work operations. Page 118 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 7.00 SITE FINISHING Part 1 — GENERAL 7.10 SCOPE A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" is defined as the excavation area plus any area in project vicinity disturbed by the CONTRACTOR's operations, including operations of CONTRACTORs and suppliers, and utility owner operations necessary to complete this project. B. The CONTRACTOR shall perform the placement of seed and straw on all di rbed areas within the project area, excluding those areas treated with other erosion I ethods as part of the construction effort. C. The CONTRACTOR shall install erosion control fa ea s o �bnstru nch beyond the coverage of the soil mattresses as detail n the gs. D. All property improvements shall be restored in or as n s pr a as determined by the ENGINEER. e) 7.11 SCOPE A. TEMPORARY ENVIRONMENTALJ,C TRO ,� • V► B. MATERIAL STORAGE AN4 DLIN UIRE� C. STREAM OR RIVE EL OOD EXCAVATION D. SOIL MATTRE (� G V" O � E. SOD MAT O P F. STREAMBANK F , S�G, OR GRADING G. STONE RO VET H. CON C ND T REMOVAL 7.12 UNIT PRIG A. Payment for is item shall be made on a unit price basis as established in the bid documents. Such payment shall constitute full compensation for all labor, equipment, tools, disposal and all other items incidental to the completion of the work. Compensation for any item of work described in the contract, but not listed in the Bid Schedule, will be included in the payment for the item of work to which it is made subsidiary. Unit prices for work covered under this section are defined previously in the UNIT PRICES section of these specifications, including incidentals, related work, method of measurement, and partial payment provisions, if any. Page 119 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 7.13 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer and herbicide application. 7.14 DELIVERY, STORAGE, AND HANDLING A. Store and protect materials under provisions described previously in the MATERIALS STORAGE AND HANDLING REQUIREMENTS section of these specifications. 7.15 EXISTING CONDITIONS A. Beginning of work constitutes acceptance of existing conditions. •`O PART 2 - PRODUCTS I 7.20 GENERAL �O A. All materials shall be supplied as specifi Secti 6!V 7.21 SEED Q A. Seed will be supplied as outl' ed A specifi 6 7.22 MULCH G �► A. Straw mulch shall ct of well e ed or oat straw and shall be reasonably bright. Mulch mu r e e o61thwif and ls seed and shall not be musty, caked, decayed 0r va ely B. Wood CellulosFiber I (WCF all consist of prepared wood cellulose processed into a uniform fibro sical s te, nd shall contain a dye to facilitate visual inspection of the uniformity pf plic FM shall not contain germination or growth inhibiting factors. 7.23 EROSION CO AB A. C rosio rol netting to be used as erosion control fabric. The fabric will have a minim u 't i f 29 oz/sY . Further specified in Section 16. 7.24 Mushroom Compost A. Mushroom compost free of viable seed. Page 120 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 PART 3 - EXECUTION 7.30 INSPECTION AND SITE PREPARATION A. Verify that prepared soil base is ready to receive the work of this Section. B. Prior to the start of operations, the CONTRACTOR shall ensure all erosion and sediment control measures have been installed as shown in the SWPPP. C. The CONTRACTOR shall perform all final grading operations at right angles to the slope. Final grading and shaping may not be required for temporary seeding. 7.31 A. B. 7.32 A. B. 7.33 A. PREPARATION OF SOIL O Prepare soil to eliminate uneven areas and low spots. Mtain linelse profile�nd contours. Make change in grade gradual. Blend slo level Remove foreign materials, weeds, and undesir+' pants a roots contaminated soil. If requested by ENGINE pldCe mus com slopes adjacent to BioD-Block installations. APPLICATION OF SEED AND STRAIN -No Seed mixture consisting of nurser�,aOn ativ�*,rl- type �h 11 be applied at a rate of 80 pounds per acre. Straw mulch shall be applig rate ns per aQ$ hand or using a mechanical blower.' PLACING EROSION OL A� Ci Erosion con I a i , excl e fa brig associated with the BioD-Block, shall be installed in 12' strip tha re orie ngit final y opposed to the river channel. A six inch (6") gap will be left a the Io ams be every other strip of coir fabric. This specification will result in a twen r foot ww e rip of fabric that is joined by stakes at the overlap. The leading edge t ric s laced so that fabric from the BioD-Block will overlap the upslope fabri more ix inches (6"). The fabric shall be fastened to the ground using hard edge . The stakes shall be placed on 3 feet centers along the front edge of I of bric and in staggered rows off -set by 3 feet. The fabric shall be tighloi3 out I bunched material once fastened to the ground. Fabric shall be tie o e fabr' a BioD blocks. Finer details related to this section will be field engin 7.34 CLEANING A. During Work keep premises neat and orderly including organization of storage areas. Trash, including debris resulting from removing weeds or rocks from planting areas, lawn preparation, preparing beds, or planting plants shall be removed from site daily as Work progresses. 7.35 DISPOSAL OF EXCESS MATERIALS Page 121 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 A. Any garbage, rubbish, trash or similar items found during construction, shall be set aside by the CONTRACTOR and disposed of by the CONTRACTOR. 7.36 FINAL ACCEPTANCE A. At the end of the establishment period, the ENGINEER will inspect all work for Final Acceptance upon written request of the CONTRACTOR. The request shall be received at least two (2) calendar days before the anticipated date for final inspection. B. Upon completion and re -inspection for all repairs or renewals necessary in t udgment of the ENGINEER at that time, the work of this Section shall be considered SQNltkte and the CONTRACTOR shall be relieved of the responsibility for care and m iim a ce of the accepted job site. 7� C. Work shall be considered complete and eligible for ce o r fulfill f the following requirements and any applicable require � t as sta sewher Specifications. 1. All materials have been installed, mai 'ne , and pd acc to the Specifications. D' G 2. All tools, surplus materials, equip debr c. all cved and the site left in a neat and acceptable co v G � G � � G 0 0 , G o P � o P Page 122 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 8.00 STREAM OR RIVER CHANNEL AND FLOODPLAIN EXCAVATION Part 1 — GENERAL 8.10 DESCRIPTION A. In natural channel design -based river restoration projects, the primary focus is placed on excavation and grading to produce a river channel with correct geomorphic features. During the implementation of these projects, extensive excavation and fill may be required to restore a river's plan form (meanders) and cross sectional area. Excavation under this specification also focuses on the development of a stable riverbed profile and may require the construction of a step -pool, riffle -pool, plunge pool or cascade riverbed glex. For this project river gravels will be imported and incorporated in the reconstructe rank. Soil and overburden will be excavated to alter channel dimensions. Grav • e backfilled into the newly excavated channel to create a channel wit g vel bott ions a banks along the restoration reach will be excavated to cre plain s anqAQWrease channel capacity. The elevation of the existing chan�r ill be ed to cprofile illustrated in the longitudinal profile drawings shi in the pl �O► 8.11 RELATED SECTIONS � G A. UNIT PRICES B. TEMPORARY ENVIRONMENTAL.0 TRO ,� • V► C. SITE WORK G � D. SITE FINISHING 8.12 UNIT PRICES G V" I A. Payment f thi item s mad a unit price basis as established in the bid documents. ch pa shall co i ute full compensation for all labor, equipment, tools, disposal and all of s iVqjcJLnt to the completion of the work. Compensation for any item of work d in t ract, but not listed in the Bid Schedule, will be included in the payment item of to which it is made subsidiary. Unit prices for work covered under this are d i previously in the UNIT PRICES section of these specific s, PCI udi . identals, related work, method of measurement, and partial pa eh visio Y. 8.13 QUALITY ASS E A. Work under this section shall be performed by workers trained and experienced in this type of work, specifically building river channels with correct geomorphic features. Work under this section shall be performed in the presence of the ENGINEER. B. The CONTRACTOR is responsible for reviewing all drawings, specifications and site conditions to become familiar with the requirements. 8.14 SUBMITALS Page 123 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 A. Prior to commencement of any work, the CONTRACTOR shall review with the ENGINEER the sequence and methods of construction the CONTRACTOR will use to complete the work. The sequence and methods for cutting, filling and grading of existing materials, as well as the method and sequence of operations for excavation of borrow materials from specified areas shall be reviewed. Such discussions shall include the order of work and equipment to be used. The ENGINEER retains the right to make a final determination on the CONTRACTOR's proposed work plan. The ENGINEER may designate alternate borrow areas during progression of the work. Any alternate borrow areas will be reviewed with the CONTRACTOR and will meet the conditions as set forth in this section. Part 2 — PRODUCTS ^ 8.20 MATERIALS A. The majority of gravels will be imported from offsite me li ' annel I&ation in certain areas. Some of the gravels will be used in th nstruc f"Stack k benches. In other instances, gravels will be usew ackfill ' ons of tl e channel. B. In cases where additional fill is required, e E INEE entif it Ble borrow areas in the project site area. After removal of tt» uired a rlFro row area, the CONTRACTOR will grade the site lish a etative r designated in Part 3 below. C. In some instances, borrow a s neiill be Aid a • wetland ponds. In these cases, the borrow -area po be co d such the side slopes do not exceed 3:1 and with a depth of no le two D. When a borrow are A av ila�`II m u red from off -site sources. The type and quality of fill, as requi are set fthe Drawings. E. When fill ter' are ed a site, sediment control may be required by the ENGINEERS/or re ry agen . The requirement for sediment control during the material storage p cletenine on a case by case basis. The CONTRACTOR should be prepared t in de q invent control as specified in Temporary Environmental Controls sect' ese s e ations. Part 3 — EXEC'UTIOf� �► V 8.30 CON ULTION A. Excavation e`construction of the designed river channel shall be as shown on the Drawings. Gr ding and shaping of the channel shall be as shown in the plan, cross section, and longitudinal view drawings and additional construction detail drawings. B. The existing elevations and contours shown on the plans, cross sections and profile were surveyed in early 2020. Contours outside of the channel area are from LIDAR data collected in 2015 and TOPO data from other organizations. Grades and elevations may have changed slightly since the original survey was completed due to erosion, sedimentation and fill. The CONTRACTOR is responsible for confirming existing grades and to adjust the excavation and fill quantities as necessary to produce the desired channel configuration. Page 124 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 C. Portions of the gravel excavated from the river channel will be incorporated into the Stacked Rock bench and will be used to construct the bankfull benches as shown on the Drawings. D. Topsoil generated through excavation of the new channel and/or from excavation of the banks of the existing channel will be stockpiled for later use when constructing stack rock benches and soil mattresses. Excess topsoil may need to be loaded by the CONTRACTOR to third party haulers. If excess topsoil is loaded by the CONTRACTOR, a change order to the contract will be executed. E. Live vegetation that is present in the excavation area will be either incorporated into the stack rock bench or placed on high ground for later use as directed by the E�NEER F. Excess gravel beyond that which is needed for construction of the be rill be stockpiled on high ground at a location specified by tqeMGINEER. s grav may be loaded by the CONTRACTOR to third party hauler ss graoaded CONTRACTOR, a change order to the contract will �ecuted,,,G. The CONTRACTOR shall at all times cond elbork ginL�*-VM-Oplian all OSHA regulations and any other applicab;'OexistingQ-d"-plan at r fedelation H. All activities will act in conjunction eign infrastructure that does not ne ativel affect their fort' negatively 8.31 SITE STABILIZATION A. The CONTRACTOR sh L spon r provAlg stabilization of all disturbed areas immediately after th r�tio ing. SA'ion will be either temporary or permanent in natur ��, 0 0 , Cj G o 00 P o P Page 125 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 9.00 SOIL MATTRESSES Part 1 — GENERAL 9.10 DESCRIPTION A. Soil mattresses will be constructed using BioD-Blocks, a coir fiber block with an attached coir fabric to retain soil. The mattresses will be placed on top of the inner berm and bankfull benches to reduce the erosion potential during re-establishment of vegetation. The soil mattresses provide immediate erosion control on inner berm and bankfull benches and a growing medium for nursery and native plants. CONTRACTOR will have to coordinate with a 31d party, responsible for installing, grading, and planting the soil mattress 9.11 RELATED SECTIONS '`O A. UNIT PRICES O Qj I B. SITE WORK % C. SITE FINISHING G D. FIELD ENGINEERING 9.12 UNIT PRICES v ` A. Payment for this item shOW91ma nit p i asis as established in the bid documents. Such p hall to f sation for all labor, equipment, tools, disposal and all of �s in 'de to th co letion of the work. Compensation for any item of work de in the o act, but ted in the Bid Schedule, will be included in the payme item off to whicV is made subsidiary. 9.13 QUALITY ASS ANC Ov P A. Work under th' on sh erformed by workers trained and experienced in this type of work, spe ' y build,in r channels with correct geomorphic features. Work under this sectio a pered in the presence of the ENGINEER. B. Th O CT esponsible for reviewing all drawings, specifications and site cons to b familiar with the requirements. Part 2 — PRODUCTS P 9.20 MATERIALS A. BioD-Blocks and hardwood wedge stakes shall be used to wrap soil and create a 16-inch thick encapsulated soil feature as specified in the Drawings. They shall be 10-ft long, 16-in tall and 9-in thick densely packed mattress coir block with woven coir fabric attached. Three sides of the coir fiber block are wrapped with woven coir fabric and free ends of woven coir fabric is extended from top and bottom of the coir fiber block. Each block has a male and a Page 126 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 female end for secure connection. The bock has invisible holes in the middle of the coir block. Fabric length top - 28 in, Fabric length bottom - 56 in. Fabric length female end - 6 in. Tensile strength of fabric: Machine Direction - 1740 Ibs/ft, Cross Direction - 1176 Ibs/ft. Unit Weight - 4.8 Ibs/ft. B. Coir Wattles 6 in Diameter, shall be cylindrical shape rolls, with 2 in x 2 in (5 cm x 5 cm) knotted, high strength outer netting made of 60 lbs. (267 N) strength machine spun bristle coir twines. Lightly packed with cleaned mattress coir fiber in a uniform manner to filter sediment effectively. Made to 15 ft. long sections. Tensile Strength twine - 60lbs, Mesh opening 2 in x 2 in, Unit weight 0.6 Ibs./ft., density 3.4 Ibs./cu. Ft., and 100% coconut fiber. C. Coir Wattles 9" Diameter, shall be cylindrical shape rolls, with 2 in x 2 in (5 c N 5 cm) knotted, high strength outer netting is made of 60 Ibs. (267 N) strength m e spun bristle coir twines. Lightly packed with cleaned mattress coir fiber in a unifor er to filter sediment effectively. Made to 15 ft. long sections. MesIQ' ening 2 i unit ght 1.5 Ibs/ft, density 3.4 Ibs/cu ft, 100% coconut fiber. D. Coir Wattles 12" Diameter, shall be cylindrical s rolls w x 2 in Y ( cm) knotted, high strength outer netting is made A9 IN. (400 ength ne spun bristle coir twines. They are lightly packed with can attre fiber i iform manner to filter sediment effectively. Made to 10 secti s onan in x 2 in, unit weight 3 Ibs/ft, density 3.8 Ibs/cu ft, 100% fiber. �q E. 18" Wedge Stakes will be hard oa�, 1 1/2" i ht, 1 9 1 width, and 2 3/4" in length on top. The bottom of the stake II rm a tri om dditional drawings are presented in Drawing # 1 11 . oden �tg esign. F. 22" Wedges Stakes ' blf�hard a , `"inin►h2i i/8" in width, and 2 3/5" in length on top. The bottom of 0 ke 11 fo a tri g m the top. Additional drawings are presented in Dr 3 22'den Sta sign VVVVVV G. Notch Sta s II be ha , 11 "'n height, 1 1/2" in width, and 1 3/8" in length. A notch will form at t top of ke and pyramid at the bottom according to dimensions presented in Draw' No4tcJ�tak s. H. Nursery gras such `aatt or a mixture of wheat and rye mixed with native plant seed. I. Na' e, shru grasses in the form of potted plants, bare roots, and grass plugs anps• Part 3 — EXECUTION P 9.30 CONSTRUCTION A. Following construction and/or excavation of the inner berm bench, starting at the upstream end of the area where installation will occur, the ENGINEER will establish the alignment of the first soil mattress lift. Page 127 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 B. A 3rd party will install, pre -plant, and stake the BioD-Blocks for subsequent filling, grading (Items C through G below), and staking as described in subsequent sections. C. The Bio-D Block shall be placed on top of inner berm bench subgrade. The female end of the block will be placed on the downstream end. The edge of the block will be placed at a specified distance from the edge of the inner berm bench slope face, which will be specified in the Drawings and may be revised through Field Engineering. Prior to staking, see B. The bottom fabric should be staked to the subgrade using hardwood wedge stakes at a spacing of 24" placed near the edge of the outstretched bottom fabric. D. A 3rd party will place willow, buttonbush, and other appropriate native plants under the Bio-D Block so that approximately 4" of plant material extends outward from the fage�of the coir block prior to the staking of the BioD-Block. O E. Several blocks should be installed adjacent to one ano with soli ct bet n adjacent blocks. As installation progresses downstr dition ks sho added. Blocks should be tied together at the block by re-usi a coir s4tha4tL1,0theblock for delivery. Fabric between consecutive block uld be ti�ethtom, streamside edge, and top of the block. L D' G F. All seams should have the upstream ep rlapp. �d�6wn Bend. v G. A 3rd Party contractor will insert na nts i lug h s o the Bio-D Block face. H. Top soil approved by the EN NAR shal ce ad evenly on the bottom layer of fabric beginning at the u r end s it shal aced to fill up to the height of the Bio-D Block (12 or 16 in he to hall be ec anically compacted and additional topsoil shall be plac Fate i d, co, surface that is even with the top of the Bio-D Block. Ci I. Apply 2" of = rco soil su ce and mechanically incorporate into topsoil. J. Temporaril e the bric by g fabric taught, place a hardwood stake 2 feet from the stream -ward a the blo k s tem. Using the wedge stake for leverage, tighten the �. fabric and ha we 'nlace. Stakes should be placed so the angled edge faces away from thSta all be oriented perpendicular to the ground. For temporary staking, on ri the s three-quarters (114) of the stake length. K. Thp� c ed overlay coir fabric placed on upper slopes. Once overlapped w s kes s e placed every three feet along the length of the mattress. Bio block f c t can vary, therefore field engineering maybe required. Page 128 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 10.00 SOD MATS Part 1 — GENERAL 10.10 DESCRIPTION A. Sod mats composed of native vegetation may be utilized to stabilize the top elevation of the completed inner berm and bankfull benches. Sod mats provide immediate vegetation, soil stability, and consolidated mass to protect the constructed benches. 10.11 RELATED SECTIONS A. SITE WORK B. SITE FINISHING O C. SOIL MATTRESSES I 10.12 UNIT PRICES �► `L G A. Payment for this item shall be made ow u ' pric es in the bid documents. Such payment shall co ull comp sat on II or, equipment, tools, disposal and all other items inciden t the c6q ion of &a k. Compensation for any item of work described in the contVct, ut no d in t i chedule, will be included in the payment for the item of k to which ' de ' ry. Unit prices for work covered under this section are defin vious e UNIT ES section of these specifications, including ' tals r4 work,�r�thod of measurement, and partial payment provisions,��n �` `� 10.13 QUALITY ASSUR ` Ci I A. Work unde thi section e p med by workers trained and experienced in this type of work, spe cally river n7els with correct geomorphic features. Work under this section shall b�rmgd i the``presence of the ENGINEER. B. The CONTR �is res ole for reviewing all drawings, specifications and site conditions �me f Z with the requirements. V Part 2 — PRO 10.20 MATERIALS A. Sods mats collected from the project site. Part 3 — EXECUTION 10.30 CONSTRUCTION A. The ENGINEER will identify sites for sod mat harvesting that have minimal invasive species. Page 129 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 B. Sod mats will be harvested using either a front end loader or skid steer. C. The sod mat shall be between 8" and 12" thickness. D. The sod mat shall be placed with the root surface down, along the edge of where benches change slope or as directed by the ENGINEER. E. The sod mat shall be placed in a manner that minimizes breakage or significant deterioration of the sod mat structure. F. The sods mat shall be placed so that no gaps are formed between successively placed sod mats. ^ G. The maximum estimated round trip travel time is 10 minutes. '`o I `L G Q G � G � � G 0 0 , G o P � o P Page 130 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 11.00 ROCK RIFFLE GRADE CONTROL AND BOULDER CLUSTERS Part 1 — GENERAL DESCRIPTION A. Rock riffle grade control and converging boulder clusters are in -stream structures constructed for the purpose of grade control, dissipating energy, and reducing shear stress on streambanks. These structures are constructed as shown on the Drawings, and largely as directed by the ENGINEER using FIELD ENGINEERING methods. Rock structures shall consist of both footer rocks, placed below the invert of the proposed channel, as well as top rocks. 11.11 RELATED SECTIONS A. UNIT PRICES B. SITE WORK C. SITE FINISHING D. FIELD ENGINEERING 11.12 UNIT PRICES 0 Payment for this item shall de on documents. Such paym II conk disposal and all oth inci �i item of work descri the ont , I the payment for i of w o whi 11.13 QUALITY ASUR}► CE O I s established in the bid sation for all labor, equipment, tools, of the work. Compensation for any the Bid Schedule, will be included in e subsidiary. A. Work under this sehall Meerkmed by workers trained and experienced in this type of work, specif' uildin channels with correct geomorphic features. Work under this section s perfor e i the presence of the ENGINEER. B. The CO OR onsible for reviewing all drawings, specifications and site co i beco iliar with the requirements. Part 2 - PRODUC S 11.20 QUALITY P A. Rock structures shall be constructed of angular, flat or cubed rock. B. Rock should be of sufficient hardness to resist weathering and shall be free of cracks and other blemishes. Porous rock such as some limestones and soft rock such as shales are not allowed. In some cases, native rock present on the site may be authorized for use by the ENGINEER. In no instance will concrete or other "debris" be allowed. Page 131 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 C. Rock that meets the specifications for the construction of rock grade control will be placed in a specific location on site by the ENGINEER. The CONTRACTOR shall coordinate with the ENGINEER prior to rock grade control construction to ensure that the correct rock is used. 11.21 ROCK SIZE, WEIGHT AND SHAPE A. Rock used for the construction of rock grade control structures will meet the following size requirements. All units are shown in feet (ft) and tons (tons). Rock sizes apply to both footer rocks and final layer rocks. A -Axis B-Axis C-Axis Weight (ton) Minimum Size 3' 2' 1.5' ^1 Maximum Size 8' 5' 3' V B. Rock Weight -The dry unit weight of each rock shall 1 Ibs/cu f 4xl$ater. n. V C. Rock fragments shall be angular, flat or cubed irLsh . Unifor bed ro st for top rocks while rocks with more roundness may b d as foot s. ' D. Rock on Tanglewood Branch will be larg ati bo e e roc be hard sandstone material, very flat with a low center of g it The all h ight ranging from two to four tons. The rock shall be rect in sha e a betwe 1.5 ft. and 2 ft. in thickness. The rock shall be 3 ft. to ide a'tween t. a d 8 ft. in length. E. Rocks on Tanglewood Tributkwill be ai of o large native boulders for Tanglewood Tributary with at aps an ms ra gi rom 50% at 1 to 2.5 tons and 50% 2.5 tons to 4 tons. The all r and aterial. Rock shall have a weight ranging from one to tDfis. Tsha + 4ft wide, between 3 ft and 6 ft in length, and 1.5 ft thic es he t a ottom shall be generally flat for stacking Part 3 — EXECUTION O O 11.30 CONSTRUCTIO MET P A. Rock structure be in according to the Drawings or Field Engineered specification the E ER. All rock structure installation will be done in the presence NGI B. PI ,,,// rr'of foot c s is critical to the success of rock structures and the CON ACTO s insure proper placement. C. The constru on of rock structures requires equipment which can place rock in precise locations. A suitable sized excavator with a hydraulic thumb is required. D. Rock grade control structures shall be constructed so that adjoining rocks taper in an upstream direction from the bankfull elevation (or other designated tie-in elevation) to the stream invert. The ENGINEER will designate the general location of the invert(s) during construction. E. The downstream end of the rock grade control structure shall be keyed into the stack rock Page 132 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 and/or streambank at the inner berm elevation a minimum of eight feet into the streambank. The rock grade control structure shall be installed with a slope Field Engineered by the ENGINEER from the streambed invert to the bankfull elevation. F. Rock grade control and the boulder clusters shall be footered to bedrock unless directed otherwise by the ENGINEER. Structures may require multiple layers of rock and will often need to be constructed in conditions that prevent direct observation of the rocks due to turbid conditions. The CONTRACTOR is expected to physically check the alignment and contact of adjacent boulders. G. Grade control footer rocks shall be placed with tight, continuous surface contact between adjoining rocks, except where gaps in the structure are specified. Footer roc hall be placed so as to have no significant gap between adjoining rock. O H. Filter fabric shall be used to create a barrier that preveater frorr,�Wlating ough the backfill placed between the rock grade control struc the fabric shall be draped into the space between the ro ade cq excavation trench then backfilled with gravel froill�t e streafl after final grading. Filter Fabric shall be Mira T Ntlwoven�Q equivalent strength and quality. n.✓ Property t etho Will le ri\ m r'40he filter am e visible a fabric of Grab Tensile Strength �ASTM �315 lbs. Grab Elongation (�'� AST 2 �% Puncture Strengt v A 6241 900 lbs. Trapezoidal Te �ngt D 4 � 113 lbs. Apparent O SizeM D 5 40 Permittivi ASTM D 0.2 sec-1 Flow ASTM;) 4491 4.0 gpm/sq ft UV esi tance O TM D 4355 70% Strength Retained O Clay material rN aej used �a e of filter fabric or in conjunction with fabric as directed by the ENGINE► As the r 1'aTe co structure is constructed, the CONTRACTOR shall chink all voids bets foe and between the footer rocks and grade control rocks. Voids shall be'cNked ewit boulders, cobble or rock fragments. Chinking will be conducted such that no voidr han four inches (4") in size will be present. Rip -rap shall be placed upstream and below the top of the final layer of rock. The rip -rap will prevent scouring of materials from the upstream edge of the boulders and reduces the chance of excessive rock tilt after large flood events. K. An apron of rip -rap and/or waste boulders shall be constructed downstream of any structure tie-in location that does not have any other structural feature downstream of the tie-in. The rip -rap or boulders shall be placed in a manner that creates a slope that will dissipate stream energy, protect the tie-in portion of the structure, and will prevent downstream scour. Page 133 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 L. Upon completion of the work, the CONTRACTOR shall reshape the slopes and stream bottom to the specified elevations. All unsuitable and surplus rocks will be removed from the site. M. Boulder clusters will be installed in locations specified in the Drawings or as Field Engineered and directed by the ENGINEER. Boulder clusters shall be footered to bedrock unless directed otherwise by the ENGINEER. N. All activities will need to act in conjunction with existing and planned infrastructure that does not negatively affect their form of function �o N** �0G Q G � G � � G 0 0 , G o P � o P Page 134 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 12.00 STACKED ROCK Part 1 — GENERAL DESCRIPTION A. Stacked rock will be used to protect critical streambanks or other slopes from erosive forces that exist during flood events. It will be equipment -placed, with footer rocks placed directly on bedrock. 12.11 RELATED SECTIONS A. UNIT PRICES B. TEMPORARY ENVIRONMENTAL CONTROLS O C. FIELD ENGINEERING I D. SITE WORK �► `L G E. SITE FINISHING . e) �► 12.12 UNIT PRICES G � A. Payment for this item shall M de on t price ba<y s established in the bid documents. Such paym II cons ull o nsation for all labor, equipment, tools, disposal and all oth inci the c le n of the work. Compensation for any item of work descr' —the nt but o I' d in the Bid Schedule, will be included in the payment for it of w ow ich it ade subsidiary. 12.13 QUALITY AS U CE O A. Work under this sejshalLbe e rmed by workers trained and experienced in this type of work, specif' uildin rr channels with correct geomorphic features. Work under this section s perfor e i the presence of the ENGINEER. B. The CO OR �' /�onsible for reviewing all drawings, specifications and site co ti beco 14xfY1iliar with the requirements. Part 2 - PRODUC S 12.20. QUALITY P A. Stacked rock structures shall be constructed of angular, flat or cubed rock. B. Rock should be of sufficient hardness to resist weathering and shall be free of cracks and other blemishes. Porous rock such as some limestone and soft rock such as shales are not allowed unless specified by the ENGINEER. In some cases, native rock present on the site may be authorized for use by the Project Manager and/or ENGINEER. In no instance will concrete or other "debris" be allowed. Page 135 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 C. Rock that meets the specifications for the construction of stacked rock structures will be placed in a specific location on site by the ENGINEER. CONTRACTOR shall coordinate with the ENGINEER prior to stacked rock construction to ensure that the correct rock is used. 12.21. ROCK SIZE, WEIGHT AND SHAPE A. Rock used for the construction of stacked rock structures will meet the following size requirements. All units are shown in feet (ft) and tons. A -Axis B-Axis C-Axis Weight ton Minimum Size 3' 2' 0.75' A75 Maximum Size 6' 2.5' 1.3' B. Rock Weight - The dry unit weight of each rock shall bfN5 Ibs/cu V eater. rock used in a stacked rock wall shall weigh less than 0. 6 C. Rock fragments shall be angular, flat, or cubed shape. Un �i Flat roc � for top level rocks while rocks with more round nes used er roc D. Stackable rock that will need to be flat�o and rl ngetd �75 to 3 tons. The rock shall be hard sandstone mater' �gular i pe aen 0.75 ft and 1.3 ft in thickness. The rock shall be 2 ft to - wide et een in length Part 3 — EXECUTION G 12.30 CONSTRUCTION METHO V �' A. Equipment Placed Rd R ck: 1. This applicati s I invo the place n of large, flat rock near an eroded stream6nc s in s� anner t at the stacked rock creates a "terraced rock wall" appear e rocJr.be stcked and have a taper slightly towards the existing streamv 2. The area betww stack d r k wall and the existing streambank will be backfilled 3 4 5 6 7 8 with a mi The grav bedroc All ro(A i soil el from the stream or that is stockpiled. the fir rse of rocks shall be removed to expose the underlying mum contact between the individual rocks without bridging or under the rock layer. The rock shall be firmly bedded by RoLk si sbconstructed no less than every 25 feet between the stacked rock and the ban using 12" rip -rap. As the st ked rock wall is constructed, the CONTRACTOR shall place bare root seedlings (provided by the ENGINEER) and other live stakes in between the rocks as they are placed. If applicable, at the upper limit of the stacked rock section, the stacked rock shall be keyed into the stable bank as shown on the Drawings. Keying of the stacked rock provides protection from erosion occurring behind the stacked rock structure. The ENGINEER will conduct oversight, and because rocks are varied in size and shape, this activity will include some Field Engineering. Page 136 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 B. All activities will need to act in conjunction with existing and planned infrastructure that does not negatively affect their form of function Page 137 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 13.00 STREAMBANK FILLING, GRADING, AND SHAPING Part 1 — GENERAL 13.10 DESCRIPTION A. Eroding streambanks are restored using a combination of methods including Stacked Rock and Soil Mattresses. In order to achieve a fully restored streambank, materials in the form of gravels and soils must be placed in a manner that creates the sub -grade and finished grade of the streambank. This section describes the methods and materials that will be utilized to create a streambank with a natural appearance and proper geomorphologic function. _^ 13.11 RELATED SECTIONS '`0' A. UNIT PRICES O � e) I B. TEMPORARY ENVIRONMENTAL CONTR �O nn)•' G C. SITE WORK e D. SITE FINISHING Q E. STREAM OR RIVER CHAN L }AID FLO IN � TION 13.12 UNIT PRICES G �► •� A. Payment for this ite II be ma a u p� sis as established in the bid documents. Such a ent s co stitute II mpensation for all labor, equipment, tools, disposal and al o item ntal to the completion of the work. Compensation for any item of wo ded i ontr ct, bnot listed in the Bid Schedule, will be included in the payme�the it o ork to it is made subsidiary. Unit prices for work covered under this section fined pr vio sly in the UNIT PRICES section of these specifications, in i inc' , related work, method of measurement, and partial payment provi , if any. 13.13 QUALITY ANCE(�� V A. Work uncle Action shall be performed by workers trained and experienced in this type of work, spe icalfy building river channels with correct geomorphic features. Work under this section s all be performed in the presence of the ENGINEER. B. The CONTRACTOR is responsible for reviewing all drawings, specifications and site conditions to become familiar with the requirements. 13.14 SUBMITALS Page138 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 A. Prior to commencement of any work, the CONTRACTOR shall review with the ENGINEER the sequence and methods of construction the CONTRACTOR will use to complete the work. The sequence and methods for cutting, filling and grading of existing materials, as well as the method and sequence of operations for excavation of borrow materials from specified areas shall be reviewed. Such discussions shall include the order of work and equipment to be used. The ENGINEER retains the right to make a final determination on the CONTRACTOR's proposed work plan. The ENGINEER may designate alternate borrow areas during progression of the work. Any alternate borrow areas will be reviewed with the CONTRACTOR and will meet the conditions as set forth in this section. Part 2 — PRODUCTS 13.20 MATERIALS O A. Streambank Filling will utilize three primary types of m�d l. 1) gra terial avate from the stream channel or from offsite, 2) a mix of d, and I gene Vduring excavation of new stream channels and 3) topsoil I O B. In cases where additional fill is required, the GIIQEER w' tify s orrow areas in the project site area. After removal of the equi mateM the b rr area, the CONTRACTOR will grade the site ancie lis a t e c e esignated in Part 3 below. C. In some instances, borrow areas �y ill exca and le a etland ponds. In these cases, the borrow -area pond ill be constr suc side slopes do not exceed 3:1 and with a depth of no less Nklwo fe NW D. When a borrow are i c'vail may ed from off -site sources. The type and quality of fill, as m &SSquir d, et f i e rawings. E. When fill m r I e sto at the s sediment control may be required by the ENGINEE an r regu ge 'es. The requirement for sediment control during the material sto perio termin a case by case basis. The CONTRACTOR should be prepared to inst quate� edi ent control as specified in Temporary Environmental Controls secti e s '&i( Ions. F. Top soil sh creen soil free of sod, brush, roots, or other debris. Material shall be appro 'a r es ment of vegetation, well drained and rich in organic material as app v the E ER G. Fill soil sha*4,Q suitable for fill behind structures and to achieve grade at sublevels below top sd{I. aerial shall be well drained as approved by the ENGINEER H. Clay materialshall have a low hydraulic conductivity appropriate for impounding water behind revetment and grade control structures as approved by the ENGINEER River Cobble shall be smooth, river cobble to serve as fill within a stream with 80% of material median diameter greater than 64 mm as approved by the ENGINEER Sorted creek grade gravel will be coarse creek gravel material to serve as structural fill Page 139 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 behind revetment structures. Material shall have a median diameter of 22 mm — 64 mm as approved by the ENGINEER Part 3 — EXECUTION 13.30 CONSTRUCTION A. As the streambank is constructed, generally low quality materials are used as the core fill of the streambank. These materials shall be placed at low elevations near the eroding or existing edge of the streambank being restored. Materials that can be used in this portion of the work are generally generated onsite through channel excavation but may also include imported fill material the meets the requirements of the ENGINEER. B. All final grades will be achieved by placement of at least 1' of topsoil tSsubgrade of lesser quality fill material.S�� ` C. The finished grade will have 10% by volume of musH� com echa I ixed into the topsoil during final grading. D. No finished slopes shall exceed a 3:1 (h: slo unless ically d e Zd by the ENGINEER. , �%► E. Finished grades shall be leveled a oth t a unif m'irface for placing erosion 9 g control fabric. � �� � �► G � F. All activities will need to ac juncti existiln d planned infrastructure that does not negatively affect thei of fun' G. The CONTRACTO I at I tir con c work in full compliance with all OSHA regulations and o er ap ble Ioca1, or federal regulations. 13.31 SITE STABILIZATION O A. The CONTRA T s all s nsible for providing stabilization of all disturbed areas immediately e comp�e of grading. Stabilization will be either temporary or permanen re. P Page 140 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 14.00 STONE REVETMENT Part 1 — GENERAL 14.10 DESCRIPTION A. Rock Revetment shall be constructed of a mix of "Shot Rock' that will line the left and right streambank and serve to protect existing streambanks by reducing shear stress while creating a channel width and dimension that is needed for the specified capacity. These are constructed as indicated in the Drawings and largely as directed by the supervision of the ENGINEER using FIELD ENGINEERING methods or in order to provide a protected, and aesthetically natural streambank fill. 14.11 RELATED SECTIONS A. UNIT PRICES B. C. D. E. F. �O O V I t �O SITE WORK �Ie) G SITE FINISHING ROCK RIFFLE GRADE CONTROL AND BOO R C S STREAMBANK FILLING, NG, HAP1 G V 14.12 UNIT PRICES A. Payment for thi shall b e on a urice basis as established in the bid documents aymen s constitutA full compensation for all labor, equipment, tools, disposal a al other it cide the completion of the work. Compensation for any item of work escrib a contra , but not listed in the Bid Schedule, will be included in the payment for tly/�' of ;r w ich it is made subsidiary. 14.13 QUALITY ASS ( E A. Work u his secti all be performed by workers trained and experienced in this type of r , ecifical Tding stream channels with correct geomorphic features. Work under this s tion sherformed in the presence of the ENGINEER. FIELD ENGINEERING B. The CONTRJCTOR is responsible for reviewing all drawings, specifications and site conditions to become familiar with the requirements. Part 2 - PRODUCTS 14.20 QUALITY A. Rock shall be a mix of aesthetically natural cobble and boulder shot rock. Page 141 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 B. Rock should be of sufficient hardness to resist weathering and shall be free of cracks and other blemishes. Porous rock such as some limestones and soft rock such as shales are not allowed. In some cases, native rock present on the site may be authorized for use by the ENGINEER. In no instance will concrete or other "debris" be allowed. C. Rock that meets the specifications for the construction of rock revetment will be placed in a specific location on site by the ENGINEER. The CONTRACTOR shall coordinate with the ENGINEER prior to revetment construction to ensure that the correct rock is used. 14.21 ROCK SIZE, WEIGHT AND SHAPE A. Rock used for the construction of rock revetment will meet the following sirements. All units are shown in feet (ft) and pounds (tons). '` B. Rock Weight - The dry unit weight of eac roc all ezs/cu eater. C. Rock shall be a wide range of size a of nati rock t e as revetment with a mix of weight between 0.1 to 3.0 to o less 20% g ter an 2 tons, 30% between 1 and 2 tons, 30% between 0.5 av 1 on, a /o betvb .1 and 0.5 tons. The rock shall be sandstone material � fixed "sho . Th hall be 0.5 ft to no more than 3.5 ft in width, 0.5 ft. to 3 ft. in t�i'kss, a . to 5 ft. ngth V Part 3 — EXECUTION 14.30 CONSTRUCTION DS I A. Rock struc re shall b ed ding to the Drawings or Field Engineered due to the variety of siz and of rocks I rock installation will be done in the presence of the ENGINEER. B. The construrock st ` s requires equipment which can place rock in precise locations. le siz iiccavator with a hydraulic thumb is required. C. Ge'0#11 r IA w qu terials are used in the core of the rock revetment fill. These shall be place at low a ns near the eroding or existing edge of streambank. D. Large revet nt boulders will be placed in sections as designated by the ENGINEER, but generally where the stream bends and shear stress is increased E. Smaller revetment stone can be used in straight channel sections F. The top elevation will tie into the existing streambanks as indicated in the Drawings. Terrace elevations and slope will be designated by the ENGINEER or Drawings. Some sections of will have topsoil and erosion control materials placed on top of the revetment rock. Page 142 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 G. Native trees and shrubs will be placed in the revetment rock structures where possible to assist in energy dissipation. H. Surrounding and planned design infrastructure will be protected and revetment rock will be placed in a manner that both ties into and does not negatively affect their form and function. Page 143 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 15.00 CONCRETE AND ASPHALT REMOVAL Part 1 — GENERAL 15.10 DESCRIPTION A. Concrete that is lying within the channel and along streambanks will be removed by the CONTRACTOR under the direction of the ENGINEER. Debris will need to be delicately removed to reduce disturbance of existing soil and other features. The CONTRACTOR will determine the number of hours and equipment needed based on the square feet of concrete material estimated by the ENGINEER. 15.11 RELATED SECTIONS A. UNIT PRICES O �e) ' KJ B. SITE WORK I 3 C. SITE FINISHING N �O `L G D. STREAMBANK FILLING, GRADING, API Z 15.12 UNIT PRICES 11:;� V" A. Payment for this item shall be, iade on a documents. Such payment,irconstit� disposal and all other it cede o item of work describ e co u 2 R2ionestablished in the bid for all labor, equipment, tools, Vnhe of the work. Compensation for any Bid Schedule, will be included in the payment for th ' of wjStd)Vfiich Ns 21e subsidiary. 15.13 QUALITY AS �E O A. Work under t es sect' ll be a rmed by workers trained and experienced in this type of work, specifica ing st channels with correct geomorphic features. Work under this section sh erfor the presence of the ENGINEER. B. The CON R is risible for reviewing all drawings, specifications and site conditie ecomeli iar with the requirements. Part 2 — PRODITS Not Used Part 3 — EXECUTION 15.30 REMOVAL METHODS A. The removal of debris requires removal of material from precise locations in a sensitive manner to reduce disturbance to the existing channel and streambank. A suitable sized excavator with a hydraulic thumb is required. Page 144 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 B. Surrounding and planned design infrastructure will be protected and material will be removed in a manner that does not negatively affect existing infrastructure and design. Page 145 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 16.00 MATERIALS AND PROCUREMENT ITEMS Part 1 —GENERAL 15.14 DESCRIPTION A. Materials required for construction are listed here. 15.15 RELATED SECTIONS A. UNIT PRICES B. STREAM OR RIVER CHANNEL AND FLOODPLAIN EXCAVATION ^^ �O C. ROCK RIFFLE GRADE CONTROL AND BOULDER QU�TERS vv D. SOIL MATTRESSES ` N �O E. STACKED ROCK WALL L G F. STONE ROCK REVETMENT G. STREAMBANK FILLING, GRADING, ID S H. SITE FINISHING ` I. TEMPORARY ENVIRO A OL 15.16 UNIT PRICES � G A. Payment fy1hitem sh I e made onot unit price basis as established in the bid documents u h paym n all c to full compensation for all labor, equipment, tools, disposal and a I othe incident to the completion of the work. Compensation for any item of work desc ' i the* c , but not listed in the Bid Schedule, will be included in the payment fd1Lt ern oflx o which it is made subsidiary. 15.17 QUALITY AS CE A. M rider t ction shall be procured by the CONTRACTOR. All materials will need to ma the d n of items needed listed below and in the previous sections. Items will be subject t val by the ENGINEER. B. The CONTRACTOR is responsible for reviewing all drawings, specifications and site conditions to become familiar with the requirements. Page 146 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 Part 2 — PRODUCTS Item # Item I Unit Est. Qty. NIEF Product Description Rock and Earthwork Materials Top soil shall be screened loam soil free of sod, brush, roots, or other debris. Material shall be appropriate 20 Top Soil C.Y. 100 for establishment of vegetation, well drained and rich in organic material. Fill soil shall be soil suitable forfill behind structures and to achieve grade at sublevels below top soil. 21 Fill Soil C.Y. 65 Material shall be well drained Clay material shall have a low hydraulic conductivity appropriate for impoundingwaterbehind revetment 22 Clay C.Y. 20 and grade control structures. A variety of medium to large native boulders forTanglewood Tributary with flat tops and bottoms ranging 23 Medium -Large Native Boulders Ton 340 from 50%at 1 to 2.5tons and 50% 2.5 tons to 4tons. The rock shall be hard sandstone material. Rock shall have a weight ranging from one to four tons. The rock shall be 2ft to 4ft wide, between 3 ft and 6 ft in length, and 1.5 ft to 2 ft in thickness. The top and bottom shall be generally flat for stacking Large Native boulders for main Tanglewood Branch with flat tops and bottoms. The rock shall be hard sandstone material, very flat with a low center of gravity. The rock shall have a weight ranging from two to 24 Large Native Boulders Ton 360 four tons. The rock shall be rectangular in shape and between 1.5 ft. and 2 ft. in thi The rock shall be 3 ft. to 5 ft. wide and between 4ft. and 8ft. in length. The top and bottom of the ra Na'10be generally flat for stacking. Stackable rock that will need to be flat on top and bottom ranging fro . The rock shall be hard 25 Flat Native Stone Ton 290 sandstone material, rectangular in shape a be een 0.75 ft and 1.3 i is ess. The roc I I be 2ft to 2.5ft wide and between 3ft and 6ft in h A wide range of size and shape of nati oc serve as re et t a mix of wei t en 0.1to 3.0 26 Native Stone (Shot Rock) Ton 120 tons. No less than 20%greaterkhan o between 1 , 30% betweq�Q. n, and 20% between 0.1 and 0.5 tons. Thell be sandston t al mixed "shot" ,c r shall be 0.5ftto no more than 3.5ftin hto3ft.inthic ss, .5ft. to5 'n ng 27 River Cobble Ton 70 A range of small smooth, riv c ble to fil I wit ' s am with 80� ials B-axis > 64mm 28 Sorted Creek Gravel Ton 50 Sorted coarse cree vel m erial ts^ a ru ural fill behi t B-Axis of 22 mm - 64 mm Erosion Control Materials 10-ft to , in d 9-thick dense) cked mattress Nr ck with woven coir fabric attached. Three sides of iber block' ed wi wove oirfab nd free ends of woven coir fabric is extende op and botto f t oir fiber blo ch block has a male and a female end for secure 29 BioD-Blocks 16" E.A. 36 conn n. he bock has v si oles in th# i le o e coir block. Fabric length top - 28 in, Fabric Ieng botiotom-56in thfema silestrength offabricMachine Direction -1740 Ibs/ft, Cross Direct Ibs/ft. UniACeARN. bs/ft (15 cm) di 'ndrical shape roin x 2 in (5 cm x 5 cm) knotted, high strength outer netting ma I (267 N) streAM pun bristle coirtwines. Lightly packed with cleaned 30 Coirwattles6" E.A. ('/(��"�% mat c ib auniforfiltersedimenteffectively.Madetol5ft.longsections.Tensile St 601bs, Mes 'x 2 in, Unit weight 0.6lbs.ft, density 3.4lbs/cu ft, and 100% coco fi in (23 ) diamete lindri I s ape rolls, with 2 in x 2 in (5 cm x 5 cm) knotted, high strength outer n 'ng is made of 601 N) strength machine spun bristle coirtwines. Lightly packed with cleaned 31 Coir Wattles 9" 5 tress coir fiber'' a uniform mannerto filter sediment effectively. Made to 15 ft. long sections. Mesh opening 2 in x 2 irnit weight 1.5lbs/ft, density 3.4lbs/cu ft, 10051.coconut fiber 12 in ( iameter cylindrical shape rolls, with 2 in x 2 in (5 cm x 5 cm) knotted, high strength outer netting de f 90lbs. (400 N) strength machine spun bristle coirtwines. They are lightly packed with 32 Coir Wattles 12" E. 0 cl aned ttresscoirfiber inauniform manner tofilter sediment effectively. Made tolOft.long sections. h opening 2 in x 2 in, unit weight 3lbs/ft, density 3.8lbs/cu ft, 1009% coconut fiber 33 Compost 2 M hroom compost free of viable seed .1 ft x 83 ft coi r fabric that has a weight of 29 oz/ SY, dry tensile strength machine direction of 2024lbs/ft and cross direction dry tensile strength of 1160lbs/ft. Weight tensile strength machine direction of 1776 34 Coir Fabric S.Y. Ibs/ft and 936 cross direction tensile strength 9361bs/ft. A thickness of 0.5 in, minimum twine count MD x ` CD per foot of 39 x 18 6.56ft x 166ft that has a weight of 29 oz/ SY, dry tensile strength machine direction of 2024 lbs/ft and cross direction dry tensile strength of 1160lbs/ft. Weight tensile strength machine direction of 1776lbs/ft and 35 Coir F� Y. 240 936 cross direction tensile strength 936lbs/ft. A thickness of 0.5 in, minimum twine count MD x CD per foot of39x18 12.5 ft x 360 ft Mirafi 600x Geotexti Ie woven fabric or a fabric of equivalent strength and quality. Grab Tensile Strength MD of 315lbs, CD of 315lbs, Grab Tensile Elongation of 15%, Trapezoidal Tear Strength of 36 Filter Fabric S.Y. 500 MD 113lbs or CD of 113lb, CBR puncture strength of 900lbs, Apparent Maximum opening size of 40 mm, Permittivity of 0.05/s, Flow rate of 4.0 gal/min/sf, UV resistance of 70 % 37 Straw Bales E.A. 120 Straw bales Stakes will be hard oak, 171/2" in height, 13/8" in width, and 2 3/4" in length on top. The bottom of the 38 18" Wedge Stakes E.A. 2240 stake will form a triangle from the top. Additional details are presented in Drawing # 118" Wooden Stake Design Stakes will be hard oak, 22" in height, 13/8" in width, and 2 3/4" in length on top. The bottom of the stake 39 22" Wedge Stakes E.A. 360 will form a triangle from the top. Additional details are presented in Drawing # 322" Wooden Stake Design Stakes will be hard oak, 117/8" in height, 11/2" in width, and 13/8" in length. A notch will form at the top 40 Notch Stakes E.A. 1700 of the stake and a pyramid at the bottom according to dimensions presented in Drawing # 2 Notch Stake Design Page147 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Written Specification for Stream Restoration August 9, 2021 Part 3 — EXECUTION Not Used Page148 Bid 21-50, Construction — Tanglewood Branch Restoration Written Specifications for Stream Restoration Construction Tanglewood Branch Stream Enhancement Drawing # 1 18" Wooden Stake Design Profile View Plan View 3D View ♦: WATERSHED CONSERVATION RESOJRCE CENTER Tanglewood Branch Stream Enhancement Drawing #2 Notch Stake Design Profile View Plan View O 3D 8 4 '4%P WATERSHED CONSERVATION RE SO VRCE CENTER Tanglewood Branch Stream Enhancement Drawing # 3 22" Wooden Stake Design Profile View Plan View 3D View 0 ,o WATER5HEP CONSERVATION CITY OF go" FAYETTEVILLE � ARKANSAS Bid 21-50, Construction - Tanglewood Branch Restoration Appendix A: Contract Provisions for Non -Federal Entity Contracts Under Federal Awards CODE OF FEDERAL REGULATIONS TITLE 2 - GRANTS AND AGREEMENTS PART 200, APPENDIX II Appendix A: Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards 2021 2-vol l Contractors shall comply with the following federal guidelines, in accordance with th ost recent pu � \-W(ersion of Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Aw r�e definiti non -Fe entity" in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall o ' Zeee aa//nd sup e a ny tang ntained in the bid documents. N** 1. Termination for Cause and Convenience �O a. The City of Fayetteville reserves the right to canc s Contr , itlf�Qt cau g thirty (30) days' notice to the contractor of the intent to cancel, or wi bat any tl t cont c r . to fulfill or abide by any of the terms or conditions specified. This Agree a'fl be at';:ic Ily t min din the event that funds under federal award, number are discontinued by t awardi ?y fora son. Such termination shall take effect upon receipt of written notice. If t re ista need to an e ation, partial payment up to the termination date would be deter y incurre allowa o , y completion of task, by percent of time completed up to these ttleme me oth r r d as de 'ne the City upon review of the contractor's records.► a. Failure of the contracmply Nh an of the ovi�s of this contract shall be considered a material breach of contract and sh use for e iate terminaffof the contract at the discretion of the City of Fayetteville. il, _ l In addition toll oME obtain from another proposal, or if no suc determined by th%C1 Equal Employment a. During tN (FNTes avaiTV46Lo the City of Fayetteville, the City reserves the right to cancel and r1ervices w h have not been provided within the period of time stated in the state.d,ALhin a reasonable period of time from the date of order or request, as RaU`lpr shall comply with 41 CFR 60-1.4(b) ontract, the contractor agrees as follows: actor will not discriminate against any employee or applicant for employment because of r, religion, sex, sexual orientation, gender identity, or national origin. The contractor will lKaffirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 1 of 7 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) (5) H The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a not, elV be provided advising the said labor union or workers' representatives of the contra to commitments under this section, and shall post copies of the notice i spicuous plaal able to mployees and applicants for employment. The contractor will comply with all provisionsbecutive i1246 of S t ber 24, 1965, and of the rules, regulations, and releva orders of th ry of LL The contractor will furnish all inforr�ai�n al�rd report�� ed by E Order 11246 of (7) In the event of the conact3r's or with any of th aid rules, rei suspended in vroiiiiNlr in parte Governmeacts feo autho ' I ecuti imp rem Ies I ed regulatio o rder of 1 rjt�ry of Labor, or pursuant ✓ the administering agency compliance with such rules, Nondiscrimination clauses of this contract contract may be canceled, terminated, or be declared ineligible for further Instruction contracts in accordance with procedures ;e ber 24, 1965, and such other sanctions may be in Executive Order 11246 of September 24, 1965, or ry of Labor, or as otherwise provided by law. ontractoPparagrf Include the Otrtion of the sentence immediately preceding paragraph (1) and ie provi i n) through (8) in every subcontract or purchase order unless exempt "ides, reguiavions, or orders of the Secretary of Labor issued pursuant to section 204 of September 24, 1965, so that such provisions will be binding upon endor. The contractor will take such action with respect to any ase order as the administering agency may direct as a means of enforcing CJvided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 2 of 7 subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actionRs: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insura�n�gl�arantee); refrain from extending any further assistance to the applicant an&re rogram with respect to which the failure or refund occurred u tisfactory assof futu compliance has been received from such applicant; the cas epart f Justice for appropriate legal proceedings. b. Subcontracts. Each nonexempt prime contractor or subcoNatfor shall iri e equal t ty clause in each of its nonexempt subcontracts. -- ``V c. Inclusion of the equal opportunity clause by refer ce. (equal o ity Claus e Included by reference in all Government contracts and subcontracts4n g Gov nl�MlIs of i nsportation requests, contracts for deposit of Government funds acts for i ing and i L15. savings bonds and notes, and such other contracts and subcontracts as t i ctor o P may d nat d. Incorporation by operation of the order.�y operation order, eEUq I opportunity clause shall be considered to be a part of every contract and contract req the the regulations in this part to include such a clause whether or not it is phys al corpor such contr nd whether or not the contract between the agency and the contractor isVess'arl� e. Adaptation of language. in la be made in the equal opportunity clause as shall be appropriate to iden i perly and eir�takings. Davis -Bacon Act, (40 U/S..t. _-3144, aid 1 a4upplemented by Department of Labor regulations (29 CFR Part a. See also 2 C.F.R. Part 200 Mdix II D. b. In accordance with t Ite, col*r must be required to pay wages to laborers and mechanics at a rate not less than the pre ages sp n a wage determination made by the Secretary of Labor. In addition, contractors mulstt �N11 ciuired ages not less than once a week. c. The non -Fe r ( y m c?a copy of the current prevailing wage determination issued by the Department of Labor n licitati decision to award a contract or subcontract must be conditioned upon the ac n f the d termination. The non -Federal entity must report all suspected or reported violations to the Fed ral a r e cy. i. Contr II reference Appendix B containing Wage Determination Number AR20200002 dated 01/01/ 21. 4. Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). a. Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 3 of 7 otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 5. Contract Work Hours and Safety Standards Act a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance wi 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 CC art 200, Appendix 11, ¶ E. b. Under 40 U.S.C. § 3702, each contractor must be required to com the wages of mechan' and laborer on the basis of a standard work week of 40 hours. Work in excess t ndard ek is per I e provided that the worker is compensated at a rate of not less than one a a alf time b sic rate or all hours worked in excess of 40 hours in the work week. c. The requirements of 40 U.S.C. § 3704 are applicable nstction w provide laborer or mechanic must be required to work in surroundings or and wor conditi ch are unWn' ry, hazardous or dangerous. These requirements do not apply tp t e rchase f u es or or articles ordinarily available on the open market, or contracts for trans ar transmi ' n of int ce. d. Compliance with the Contract Work Hours d fety S s Act ii. Overtime requirements. No con act r or sub ctor c ct for any part of the contract work which may require or invol& the employ abor s chanics shall require or permit any such laborer or mechanic in y kweek ' h he or she ployed on such work to work in excess of forty hours in such k un s u abor echanic receives compensation at a rate not less than one and o I es t to o ♦ a hours worked in excess of forty hours in such workweek. iii. Violation; or unpa6ges; liquidat mages. In the event of any violation of the clause set forth in p r ) of this ec'on the contrattor and any subcontractor responsible therefor shall be liable for the a' wages. I a I Ion, sutractor and subcontractor shall be liable to the United States (in the case of work do r contract Ir the District of Columbia or a territory, to such District or to such territory), f ated dare Such liquidated damages shall be computed with respect to each individuate r or meXS ,-'including watchmen and guards, employed in violation of the clause set forth i p olraph ( section, in the sum of $10 for each calendar day on which such individual was reVi ' ermI o work in excess of the standard workweek of forty hours without payment of the e wag W red by the clause set forth in paragraph (1) of this section. holdi paid wages and liquidated damages. The (write in the name of the Federal agency or the oan �gr4ot e ient) shall upon its own action or upon written request of an authorized representative of thlVWNnent of Labor withhold or cause to be withheld, from any moneys payable on account of work p4rformed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. v. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 4 of 7 subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. b. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Em rgency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The contractor agrees to include these requirements in each subcontract exceeding ' `( 0 financed in whole or in part with Federal assistance funding. 8. Federal Water Pollution Control Act: Contracts in excess of $150,000 sh with tnring rel the Federal Water Pollution Control Act ✓ a. The contractor agrees to comply with all applicable stand s,4rders or I ns issu t to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1 netsN. b. The contractor agrees to report each violation to e (na of the !�i ency or I al Indian tribal government) and understands and agrees that the (name of th to age o I or I I government) will, in turn, report each violation as required to assure iN n to the ( e of rec ),Federal Emergency Management Agency, and the appropriate Environments ro ction Regions ffic c. The contractor agrees to include these reouirements i subco 't reeding $150,000 financed in whole or in part with Federal assistance. 9. Debarment and Suspension (Executiv 125 d 9) a. This contract is a covere ion fes of �180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that the c tra its pr cip s defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.9 excluded e ed at 2 C.F. 80.940) or disqualified (defined at 2 C.F.R. § 180.935). b. A contract avfM( CFR 18 2) s all not be0hade to parties listed on the governmentwide exclusions in the System for A rd anagem nt ), in ante with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 ( art 1916 C p., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SA sions Gu the names of parties debarred, suspended, or otherwise excluded by agencies, as well a s decla�i4 gible under statutory or regulatory authority other than Executive Order 12549. c. The contra om h C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requi comp) ese regulations in any lower tier covered transaction it enters into. d. If i to etermi the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart , in di t medies available to (name of state agency serving as recipient and name of subrecipient), the Federal Go t may pursue available remedies, including but not limited to suspension and/or debarment. e. The bidder or p poser agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. Byrd Anti -Lobbying Amendment 31 U.S.C. § 1352 (as amended) a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 5 of 7 employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 11. Procurement of recovered materials ( 20§ 0.323) 12. 13. a. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EP guidelines. Prohibition on certain telecommunications and video surveillance services or equipment 200.216 a. Recipients and subrecipients are prohibited from obligating or expending loan or grant; to: i. Procure or obtain; O ii. Extend or renew a contract to procure or obtain; or iii. Enter into a contract (or extend or renew a contract) t pr cure or q quipmen se ices, or systems that uses covered telecommunications equipme reervices a antial or component of any system, or as critical technology as part ys Stem. As in Pull�ya�v 115-232, section 889, covered telecommunications equipmen Technologies Company or ZTE CorpoWti (1) For the purpose of publi e telecommunications e.iiprr Hikvision Digital Ikhnology affiliate of suc en s). (2) Telecom m I T ns or id� equip (3) Tele icati or e hat the Seeffry of I Mced by Huawei entities). le7,physical security surveillance of deo surveillance and unications Corporation, Hangzhou ✓ Company (or any subsidiary or provided by such entities or using such 'equipment or services produced or provided by an nsultation with the Director of the National Intelligence Directo oo e Federal Beau of Investigation, reasonably believes to be an entity owned contro I d�, or othe connected to, the government of a covered foreign country. In implementing the prop- under Publ Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies a support to assist aal entities to tran1 " and serviceda11i % c. See PjrblL7P&0#'115 d. Se*4%o §WO.471. Domestic preferetces plN a. As appropriate t, or subsidy programs shall prioritize available funding and technical titutions and organizations as is reasonably necessary for those affected munications equipment and services, to procure replacement equipment unications service to users and customers is sustained. cents (§ 200.322) extent consistent with law, the non -Federal entity should, to the greatest extent practicable and a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. b. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 6 of 7 ii. "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 10/14/2021 Page 7 of 7 10/15/21, 12:24 PM SAM.gov Bid 21-50, Appendix B Davis -Bacon Wage Determination "General Decision Number: AR20210002 01/01/2021 Superseded General Decision Number: AR20200002 State: Arkansas Construction Type: Heavy Flood Control Counties: Arkansas Statewide. RIVER, HARBOR AND FLOOD CONTROL PROJECTS FOR CONSTRUCTION OF ALL RIVER, HARBOR AND FLOOD CONTROL WORK ON THE MISSISSIPPI RIVER AND TRIBUTATARIES - (EXCLUDING ANY CONTRACTS FOR ANY PHASE OF CONSTRUCTION OF A LOCK AND DAM) EXCEPT THE METROPOLITAN AREAS OF PINE BLUFF, LITTLE ROCK AND FT. SMITH Note: Under Executive Order (EO) 13658, an hourly minimum wage O `O of $10.95 for calendar year 2021 applies to all contracts e subject to the Davis -Bacon Act for which the contract is awary (and any solicitation was issued) on or after January 1, 01v.. If this contract is covered by the EO, the contractor s ay �O all workers in any classification listed on this wage determination at least $10.95 per hour (or the appl'cabl wage rate listed on this wage determination, if �t ighe for all hours spent performing on the contrac ndar v year 2021. If this contract is covered by th0$c nd a Q classification considered necessaryfor perform ofJ% n p,l�c ♦ V the contract does not appear on this wa e deeerminat}'� )he ` contractor must pay workers in that cla fication ast the wage rate determined through the c f rmanceVss se forth in 29 CFR 5.5(a)(1)(ii) (or t min' u ra if it is higher than the confor rat a EO i1� u wage rate will be adjusted ann P1 se e th this EO applies to the above- t ned t of cont ci entered into by the fed!;g�o a nment are subiect to the Davis -Bacon Act se but no app y to contracts subject on l the D is Bacon d Acts, including those set forth at 29 1(a)( )- 0). Additional information on contractor req nts In ker protections under the EO is available dol.g4 h /govcontracts. Modification Number tion Date 0 0 01/2021 * SUAR1991-001 12/18/1991 Rates CARPENTER ........................$ 7.25 Laborers: AIR TOOL OPERATOR ........... $ 7.25 CHAIN SAW OPERATOR OR FILER.$ 7.25 REVETMENT & DIKES ........... $ 7.25 UNSKILLED ...................$ 7.25 Fringes https://sam.gov/wage-determination/AR20210002/0 1 /5 10/15/21, 12:24 PM SAM.gov Power equipment operators: ASPHALT PLANT DRYER OPERATOR, ASPHALT DISTRIBUTOR, ASPHALT ROLLER, BULLDOZER(ROUGH, INCLUDING DISC, PLOW, OR ROLLER), MOTOR PATROL (HAUL ROADS), TRENCHING MACHINE (18"" & UNDER), SELF-PROPELLED ROLLER (EXCEPT ASPHALT, END DUMP EQUIPMENT (OFF HIGHWAY), MIXER CONCRETE UP TO 21 CU. FT.), BOTTOM DUMP EUCLIDS (AND LIKE EQUIPMENT) ..................$ 7.25 .05 BULLDOZER (FINISHER PUSH Bid 21-50, Appendix B Davis -Bacon Wage Determination CAT & ON BARGES), MOTOR PATROL FINISHER, SCRAPER & O LIKE EQUIPMENT, FRONT END LOADER, BACKHOE(TRACTORn- MOUNTED)ASPHALT FINISHER �GJ OR SPREADING MACHINE, WELL , POINT SYSTEM OPERATOR, �O SELF PROPELLED � �'w VV LOADER(CONVEYOR TYPE).......$ 7.25 _J FIREMAN (HEAVY CONSTRUCTION), PILEDRIVER, •v' LEADSMAN WINCHMAN..........$ 7.25 ` 05 OILER, PUMP, GREASER, TRACTOR (FARM TYPE INCLUDING DISC, PLOW OR ` ROLLER) .....................$ 7. PILEDRIVER OPERATOR, `O► V MECHANIC (HEAVY EQUIPMENT), CRANES, DERRICKS, DRAGLINES, WELDER, POWER SHOVELS BACKHOES, MIXER (C O 21 CU. FT. & OVER ASPHALT PLANT OPERA O TRENCHING MACHINE OVER 18"" 7.75 .05 Truck drivers: V `� 1 1/2 TONS OR LESS.. ` ..$ OVER 1 1/2 TONS..... -------------------- �------ --------------------------- WELDERS - Receive to pres for craft performing operation to which weldi incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons https://sam.gov/wage-determination/AR20210002/0 2/5 10/15/21, 12:24 PM SAM.gov resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). Bid 21-50, Appendix B Davis -Bacon Wage Determination The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical O order of ""identifiers"" that indicate whether the particular 0` rate is a union rate (current union negotiated rate for localn- a survey rate (weighted average rate) or a union average rat `f �► ��J (weighted union average rate). ` w O Union Rate Identifiers N A four letter classification abbreviation identifi enc ose �+ in dotted lines beginning with characters other t i"SU"" '­'UAVG'" denotes that the union classificatio ate were prevailing for that classification in the surv�xamp PLUM0198-005 07/01/2014. PLUM is an abbrevia on ident 1► of a► the union which prevailed in the survey ris ` classification, which in this example be P1s. 0198� indicates the local union number or ct coumber v where applicable, i.e., Plumbers L 198 &ZO ext ny 005 in the example, is an intern m er u r the wage determination. 07/01/ �s the ff ive to the most current negotiated rat ch in t 's xample i ly 1, 2014. O Union prevailing wage rat�'S are uI to re c all rate P g g ;? changes in the collective barga' agree CBA) governing this classification and rate.n• Survey Rate Identifiers Classifications list Idder the "" identifier indicate that no one rate prev e r thi c sification in the survey and the published rate 's deriv omputing a weighted average rate based on all the ra or ed in the survey for that classification. As this 1 ed average rate includes all rates reported in the sur y, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers https://sam.gov/wage-determination/AR20210002/0 3/5 10/15/21, 12:24 PM SAM.gov Bid 21-50, Appendix B Davis -Bacon Wage Determination Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS O `O 1.) Has there been an initial decision in the matter? This ca be: '14 * an existing published wage determination * G a survey underlying a wage determination * a Wage and Hour Division letter setting forth ♦ o ionlqz a wa a determination matter X * g a conformance (additional classification an r e) r n On survey related matters, initial cont , includiniest ` for summaries of surveys, should be wi Wage ur Regional Office for the area in whickjofWsurve conduc d because those Regional Offices havons' or t Davis -Bacon survey program. If t tesponse oo thi31r1 contact is not satisfactory,e pro ss l�lescri ed n 2. � p ) and 3.) should be followed. �► O *0 With regard to any othe ma er not ipe the formal 154 process described here, 1 ial co shoul eWith the Branch of Construction Wage Det atio�Srmrinations . Wr to to: V Branch of Cons n Wag Wage and Hour Sion U.S. Depar La 200 Cons ion Ave W. WashigtDC 20 2.) If the answer to theon in 1.) is yes, then an interested party (those eZ't d by the action) can request review and reconsideratio from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an https://sam.gov/wage-determination/AR20210002/0 4/5 10/15/21, 12:24 PM SAM.gov Bid 21-50, Appendix B interested party may appeal directly to the Administrative Davis -Bacon Wage Determination Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION https://sam.gov/wage-determination/AR20210002/0 5/5 Project Notes, Pay Items, and Estimated Quantities General Construction and Gradinrj Notes I . Areas dsturbed by coratruct�on, �ncludmg areas outside the limits of construction shall be returned to a Graded and staMb-d condition at contractor's expense. Units of construction are defined on the drawings. 2. Contractor to responsible for verifying all underground utilities prior to any excavation or diggn,3. Engineer or owner will call the Arkansas One -Call System (1-800- 482-8998) and request a utility, locate prior to commencement of work. 3. Contractor shall be responsible for meeting all Arkansas Department of Environmental Quality (ADEQ) and Environmental Protection Agency (EPA) requirements for storm water management for this project. 4. Contractor shall be responsible for deploying all necessary permits on site. Contractor shall notify ergmeer of any, subgrade cosdbore encountered which may vary from those fount during previous sibgrade inveetgahons andlor that may not, have been know during design. r. Strip, stockpile and replace topsoil in areas that are disturbed. Any stored topsoil must be surrounded by silt fence, straw wattles, or hay bales. 7. Areas dsturbed by the construction, if not receiving new improvements shall be restored as shown on the rum and in the specifications. the contractor wll rn , Reads, Material Storage Areas, and other dsturbed grounds to a similar condition as they were before construction. 8. Leftover construction Ivlateriab will be neatly corsdidoted and stacked in a location of the Eigneers request at the end of construction. Minimum Erosion Control Requirements 1. The potential for soil loss shall be mmmmed by retaining natural VEGETATION wherever possible. 2. A record of the dates when grating activities occur, when construction activities TEMPORARILY or PERMANENTLY cease on a portion ol a when .L.W bon measures are INITIATED as soon as practicable on portions of the site where construction ACTIVITIES have TEMPORARILY or a sed, but in no caw more than 14 days after the construction activity nt that portion of the site has TEMPORARILY or permanently cased. a. Where the initiation of stabilization measurea by the 147" day after CONSTRUCTION activity TEMPORARILY or permanently ce pr uded by on � cover, STABILIZATION measures shall be initiated as soon m practicable. b. Where CONSTRUCTION activity will resume on a portion of the site within 21 days from when activities ceased (E.G. the NO tine rend that CONSTRUCTION activity is temporanhy ceased to less than 21 days) then stabilvation measures do not have to be &7-.e hat portion of the 4" day after construction activity temporanly ceased. '3. Stabilization practices may include: temporary owdng, permanent seeding, mulching. Geoteid lea, sod stabilization, vffer strips, yrog� trev, and PRESERVATION of mature vegetation and other appropriate measures from when actwbes ceased • /�(v5� 4. Excavation material shall not be stored m or near streams and other storm water drainage systems where it b days ter or ruri Materials, other than river gravel, temporarily placed m the stream during construction shall be removed fir t cha f a riseVL4%�ENT or fore to occur within 12 hours. 5. Forcing of the stream is allowed. all entrances and coda from the channel Must be hiandened with ri el. G. Debi Mud, and sal shall not be allowed on pui streets. If any debra, mvd, or sal from tit ct reaches trill street, it -,hail be i removed via sweeprg or other, methods of physical removal at the ezpenx of the contractor. ns/or sal in th not be washed off the street or washed into the storm drainage system. 7. Any Turbid water pumped from the river channel must be discharged to a detention ten pumped throng bag at contractors eopenw. 8. Diversion channels shall be constructed around work areas when practical and when dy the prodecq(rior erg neer. 9. Contractor is required perform construction activities with awareness and intent to mt generating in- treanN.'brdrty beyond the level that cannot otherwise be avoided, due to the nature of river restoration construe VITIES. 10. Materole required for erosion control will be procured by the engneer. The contractor s`ui�)•• a in the itO necessary stabilization actices. Pay Item and Estimated Quantrty Notes�_sr.=bo tta Al 1. The Contractor s respo ishe for reveswrig the requirements of Temporary envmonune� describedm the temporary'Rervironmental controls specification and the rotes shove Sha[I be executed by the coneCO E of Eoecuhiig the WOrk. \ p2. Excavation, shaping, and grading ITEM includes all effort required to acheve spec zs all Excavation, relocation of mabit temporary storage of materials, grating, and shaping of channel matenab. E m s based on In- chores and represents volume of mate e handled ui order to achieve specified channel dimensions "-•yTTy 3. Contractor Shall construct all rock Structures to written -,pecificat s dns All sthel footered to bedrock. When footerrg rocks to bedrock, portions of the submerged structure may not be directly wsble. If contractor is uact the structures to speahcabons, the work area may be dewatred. 4. A 3" party Will install sat matresses for Filing and Contractor will need to co-ordrate n�o build the mattresses, efficiently. 5. All Rock ReVetment will be constructed on bedrock. Design specifications will be provi]V by the engineer for use in the e> iwators. G. See written zpeoficabom for site finishing and Clean -Up Expectations for contractor. 7. WORK listed on drawings and not included as a separate pay item shop be considered incidental and the cost ehap be included in the price bid for other items. I co e)411 Pay Items Hem / Description Unit rat. Dty. Bid schedule 1 Mobilintion(rstto e of mtal bid amount) L.S. 1 2 Bonds and ins L.S. 1 3 River han to plain Ex ivation/Channel Shaping/ Streambank Filling, Shia in d in Plan QTY d3 120 4 Ro a Control Main CV111i EA, 5 5 It iff rode Control EA. 28 older Cluiter, EA. 16 7 Field Engineered Ofjj�ctqi EA. 4 Rip Rap R W CY. 6 9 Conc ui nand Removal from Channel CY. 50 10 M%sl,l rmil esses-complete in place per specificationsand drawings LF. 350 1 S ck Toe Bench 1 90 Double Rock Toe Bench LF. 60 Triple Stock Rock Toe Bench LF. 70 14 Fourlwkflock Toe Bench 1 20 15 Natire Stone Revetment CY. fill 16 General C cavation: Ezcavamr (140001bs)-work outside scope of specific bid items(Equipment, Fuel, anderemr Based on equi meM hours Hour 40 17 General Excavation Skid9teer-work outside scope ofspedfic bid items Skid Steer (Equipment, Fuel and Operator) Based on ectuipmenthours Hour 40 18 General labor Hour 40 19 Site Clean -Up including debris mmoval,grading and mechaniol rakingofsmrage areas, loadingofexresscomcrunon materials on 3rd rt trucks L.S. 1 Deductive Alternative t -Rock and EaMwork Mahnals 20 Too, Soil CY. Lh0 21 ri11561 CY. fi5 22 CIa CY. 20 23 Medium -liar Native Boulders Too 340 24 Liar Native Boulders Ton 360 25 Flat Native Stone Ton 290 26 Native StoneShat Rock) T n 120 27 RiverCohble In 70 28 Sorted Creek Gravel Tan 50 D.d-d a Allem iti 2 -Erosion Cannot Malerlah 29 BioD.Blocks 16" EA. 36 30 Coir wattles 6" EA. IS 31 CoirWattles9" EA. 5 32 Coir Wattles 12" EA. 10 33 compost CY. 25 34 Coir Fabric 131ftx 83ft S.Y. 480 35 Coir Fabric 6.56 x 166 ft S.Y. 240 36 Filter Fabric S.Y. 500 37 Straw Roles EA. 120 38 18" Wed Stakes EA. 2240 39 22' Wedee Stakes EA. 360 40 Notch Stakes EA 1700 WATERSHED CONSERVATION Planview Overview ioN Stacked Rock Toe Sheet 08 Boulder Riffle Cluster I-- /� Field Engineered Boulder Structure and Stepping Stones Complex Bculder Grade Control Step Pools ��Y Sheet 05 create Tenaced Stacked Sandstone wall See Sheet 07 .o Greggqve. � ro O .egg rd Boulder Riffle Cluster , 0 \: AM Sheet 18 -- Sheet 13 Sheet 4 Upstream Detail Extent of View OSheet 5 Downstream Detail Extent of View o Sheet 13 Tanglewood Tributary Upstream Extent of View ® Sheet 18 Tanglewood Trib Downstream Extent of View O Sheet 23 BioRetention Extent of View 0 Design Channel Centerline �j Design Channel Alignment Q% Excavation Other CAC Other CAC Design Lines �200 100 0 200 Feet JL3VI CP Outlet I O IL Ir e e Concrete from Chan long Reach and/2k t der Rife Cluster Installation Se eat 12 West Ave. • • . . . . �z Railroad tr' Sia A t' AR AN tt o flEG15TEREpppppp PR ESStONA sgrTyE'1066 J/der - �-Opp 4* ty Sheet 04 Construct access to stream Stacketl Rock Wall See Sheet O6 Pier Risers for Sewer Line Remove Rip -Rap Stacked Rock Wall See Sheet OB I e e • fly e � e hots[: Tanglewood Branch Stream Enhancement 46 AllrAW sh.et No. County: slgn.d y: WATERSHED CONSERVATION 3 Washington MVE RESOURCE CENTER ---av: b: JJFi 03/05/2021 Planview _ Upstream Detail --- ----' Y ----- - -------- FI-e'toulder Riffle Cluster -- "----_ _ Elevation - 1265.5' -------XS STA' II - " - See She .— Cut and Slope Overhanging Bank Cross Sections - --' XS STA 4+67 — ------• Water & Sewer See Sheet 07 ---------------------- Other CAC Design Lines eN� Design Channel Centerline Ov ider Riffle Cluster rt Elevation - 1271.4 ee Sheet 06 & ---------' - -- - N Design Channel Alignment `` ,/V] Floodplain Excavation sk9& To o - Major Topo -Minor -- - - � - - - - - -- - - - - - - - - Razorback Greenway 50 25 0 50 Feet �. �z m trl� St ATE pp` A R I NS51 7L� O ` PAN R pp((^yet � RE ISTERE e �` P SSION `'9Tl No 06 hEly� vrc,r 1280- JC re�� A -------------- --------- ' =ram 325( c 128Q Remove Rip -Rap Stacked Rock Wall LB See Sheet 06 XS STA 3+01 See Sheet 06 rzes 4 wogceTanglexooD Branch Stream Enhancement Sheet Nn. alpneC y: WATERSHEDCONSERVATION R.SOURff CENTER (} �,,,hington MVE y: JJH ad: 03/05/2021 Planview Downstream Detail [ESSTA 9+55- - Sheet 08 fi2Be 1 � I Access to park and material storage irrr y1 A7E Opp yt AR AN A.,� REGISTEHE � PRO" S 101 AL Stepdown from Storm Pipe ` R e and Native Stone Splash Pad ♦`O " �i' , .91T No 10661� Te into Historic Rock Wall _ Stepdown from storm pipe /► and dissipation area ---- -- (/✓� -' - _ Create Terraced Stacked Sandstone ---" Wall e. ----'�'5-------- r 102 100a 975 V - 105a 1260 NO i, 270 q 1265 n= ` tv n _. 750 67 Boulder Riffle Cluster Invert Elevation 1260.1' Cl)_ a ^~ - -" Field Engneer.d Bould tr tur _ V._ _ - Cross Sections r i - ! Boulder Riffle Cluster Invert Elevation - 1263.6' . Design Channel Centerline Cut Terrace See She ♦ {' F. ; Boulder Riffle Cluster ` � C� Design Channel Alignment -- (vim Invert Elevation XSSTA6+54 Floodplain Excavation -__^_---_--_- -- ___- _ See Sheet 07 Ide r Control Is _ F Other CAC Design Lines eet 19 & 22 __ - - -------------------- ------• Water &Sewer -"------ 30" RCP Outlet - Topo -Major �: .- ' "'- ' ---------- ss Road from Prame St. Topo - Minor 42e0- E Razorb 50 25 0 50 Feet — ack Greenway—� hopct:Tanglemod Branch Stream Enhancement sheet No. County: s19RRC By: WATERSHED CONSERVATION RESOURCE CENTER 5 Washington MVE Dnvm ey: Dm: JJH 03105/2021 Typical Cross Section Details Typical Left Bank Stack Rock Wall Cross Section 3+01 2.0' 1.5' 1.5' ExISTING RIP -RAP . /LINED STREAMBANK IM —STACKED Roc 10- 4' x2'xI' STACKED RI LO' 4'x3'x 1.0. ROCK FOOTERED TO Typical Right Bank Stack Rock Wall and Grade Control Cross Section 3+50 RIFFLE GRADE CONTROL BOULDERS SEE SHEET 12 FOR ADDITIONAL DETAIL 16' Blo-D O / SOIL LIFT `O BANKFULL ELEVATION. 1274.0' ♦ ( J� WBKF: 20.15' V I DMAX = 2.5' I1 G o - G� QO- BLOCK SLOPE I D BLOCK SOIL LIFT /SLOP SOIL LIFT �I�♦` a JRFACE BANKFULL ELEVATION: 1273.6 Ilk 1.01 ` DMAX: 2.2' _ _ •.iZ:::'' I.0' - % — — CONTROL INVERT - 1271.4"/ 'LOW FLOW WATER SURFACE - 1271.6' ��15S PT tt ARIA CfSf�� %� Zg�01 1 'rhfW A.JFC,,^n +�sieAN P,.Js :TangIemo0 Branch Stream Enhancement e*Z esIPnW y: WATERSH EDCONSERVATION 6Washington MVE RESOURCE CENTER Dawn By: h: JJH 03/05/2021 Typical Cross Section Details Typical Floodplain Excavation Cross Section 4+67 BANKFULL ELEVATION: 272.1' \ WBKF: 22.5'— _ DMAX: 2.4' LEVEL MOUNDS IN FLOODPLAIN O1276.0' ♦O \ AAAA H It10 A R 1A NSa REGISTE:2FJDi P SSit9PIAL e No 10 1 d 1276.0' =h"F A. \1 °° IV G 'NO 1.5' 1>.5 2.0' Typical Right Bank Stack Rock Wall Cross Section 5 ' C 16' Blo-D BLOCK SOIL LIFT , O fox Cj o 1270D' P g`1♦ION: 1266.0' STACKED ROCK \vJ� t4' X 2' x 1.0' L0' WBKF: 17.6' DMAX: 2.1' STACKED ROCK 2.0' ROCK FOOTERED TO BEDROCK Proleor Tanglemod Branch Stream Enhancement Sheet No. County: EMSlynad By: Washington MVE WATERSHEOCtDHSERVATIDN 7 Oravm By: JJFI " 03/05/2021 RESOURCE CENTER Typical Cross Section Details Typical Right Bank Stack Rock Wall Cross Section 7+64 1.V.T OLOCK O .11 �I ELEVATION: DMAX = 2.5' kx% 0 - q. " , t EXISTIaI R OULDERS IN C R CHAnn�� RELO C =N ED • ` K FOOTERED TO G � Typical Right Bank Stack Rock Wall Cross Section Yp 9 �� � CEI O O G o P 1.5' 1' I' 2.0' 4.3' C 3' TACKED ROCK 4'x2'xV IEE/ STATE n'� �_ Fkir R R Sllirl• ' SIT �'9TT ND tus ''tiFW A. F�LEVATION 1262.0' HISTORIC ROCK WALL AA` WBKF = 25.9' STACKED ROCK (A DMA4'x2'xP 1.0 X = 2.1' ' - � I 0 OCK FOOTERED TO BEDROCK ROpCr T—gi—d Branch Sft—Enhancement Sheet Nv. "W"'y: DISIRnM By: WATERSHED CONSERVATION 8 Washington MVE RESOURCE CENTER Drawn By: JJH Dat.: 03/05/2021 i27b 1277 1276 1275 1274 1273 1272 1271 1270 1269 1268 1267 1266 1265 Longitudinal Profile Tanglewood Branch STA 0+00 to 4+00 Construct step access to stream helec:Tangimood Branch Stream Enhancement ahel No. county: MRigiwd By: WATERSHED CONSERVATION RESOURCE CENTER 9 VI/ashington MVE Onwn By: JJFi n" 03/05/2021 25 50 75 100 125 150 175 200 225 250 275 XS 3+1 Grade Control Inv 325 350 375 400 Longitudinal Profile 1274 Tanglewood Branch STA 4+00 to 8+00 1273 1272 C 1271 1270 1269 1268 1267 1266 1265 1264 1263 1262 I 1261 1260 1259 1258 1257 1256 XS 4+67 Myeet: Tanglewood Branch Stream Enhancement SM. Na County: OnianW By: WATERSHED CONSERVATION 10 Washington MVE RESOURCE CENTER ma —By' JJH 03/05/2021 1255 — — —• --- 400 425 450 475 500 I xs 6+54 1 O N** RB Four L r c Grade Controllnve 1 .5' G� Grade Control Invert - 1263.8' G o j iriJ�l ♦ I I 5.5 550 ' Boulder j Cluster ` I Complex I I I I � I I I I 575 625 675 XS 7+64 1 RB Three Layer Stacked Sandstone I I I I I I I I Boulder I Cluster I Complex I I I I I I I I I I 711 Longitudinal Profile Tanglewood Branch STA 8+00 to 12+00 RB Three Layer Stacked Sandstone Wall 1265 1264 1263 1262 77 - 12C1 Grade Control Invert- 1262.4' 1259 1258 Grade Control Invert - 1260.1' 1257 1256 eee/SS ATE p, `et A R �� As � 1255 REGISTERED \ P S IONA \ 1254 \ 1t it ll9 No 1066 ' -. r � ee 1253 A, �e 1252 1251 X5 9+55 1 Field Engineered Boulder Structure and `O Stepping Stone Complex I I 1250 800 825 850 875 900 925 95C Pmje T glev ood Branch Stream Enhancement ShRN No. County: lAsiRmd By: WATERSHED CONSERVATION RESOURCE CENTER 1 Was MVE D-By' JJH 03/05/2021 O � V RB Three Layer Stacked Sandston I �O �/ G G 4011, G w `1 GI .O � P I� ------------------------------------------- Boulder j Cluster Complex 975 1000 1025 1050 1075 1100 1125 1150 1175 1200 Typical Grade Control Construction Details (Tanglewood Branch) Plan View A' -4- tKOOKs no[ [o scale , A-, NOTES: Boulders will be 1 ton minimum to 3 ton maximum weight The Grade Control Sturcture Will be field engineered to meet the general design specifications presented in the plan set Water surface grade will be controlled by the invert elevation. The final Invert elevation wild( be dependent on field conditions and will be specified by the Engineer during construct' All structures shall be footered to bedrock unless specified by the Engineer in fief V All boulders will be installed With a slight backslope in the upstream direction� All boulders shall have direct contact to the adjacent boulder so that no gap between adjacent Filter fabric and/or clay will be installed on the upstream side of the grade control structure Rip -rap shall be placed in front of structure boulders to prevent scour and undermining of boulders If shale bedrock is present, the contractor shall excavate trench for tooter rocks Elevation View TOP OF ROCKS SHALL HC LIGHT BACK -SLOPE IN TI TREAM DIRECTION TOP FDDTER ROCK SETS GRADE. WATER FLOWS , v O OVER INVERT ROCKS) SCALE: NTS CLAY OR FILTER FABRIC INSTALLED UPSTREAM OF STRUCTURE TOP ROCK SETS GRADE.E. W WATER FLOWS OVER INVERT ROCKS) RIP -RAP BADKFILL _ �FOOTER TO BEDROCK 6 C n View JO� INVERT ELEV XX' 15A$�'�� — 4' IS I FOOTER TO BEDROCK — 30' GRADE CONTROL STRUCTURE SILL EMBEDDED IN ROCK WALL AT RIGHT BANK (FIELD ENE GINEERED) `-y FILTER FABRIC \_III FOOTER TO BEDROCK FOOTER TO BEDROCK A' PrepceTanBleeood Branch stream Enhancement �40%4r sheet No. coRcty: t»RIRReO ey: eZ Was hington MVE WATERSHED CONSERVATION RESOURCE CENTER orawney: cab: JJFI 03/OS/2021 1 1 Planview Tanglewood Tributary Upstream Detail z3L Grade Channel to Weir Invert -1276.9' MEL\\ + ++� Bio Retention Stack Rock ++ Invert Elevation 1260.5' ++ i+,E +++ +++ G ! ++ i +479 M Boulder Grade Control rD a ++ +++ + ++ ++++ ++ ++++ ++ ++++ ++ Native Cobble S a ill ++++ + O XS 1+74 r++ +47 * * * See Sheet 16 +++ + ++ ++ + +++++ ++ __-++ + ++++ ++ - --- ++ +++ BID Retention Stack Rock _._ ++ +++ ++ Invert Elevation 1281.0' Design Channel Centerline Design Channel Alignment Cross Sections Other CAC Design Lines ------• Water &Sewer Topo - Major Topo - Minor / / i 12.5 0 XS 0+87 See Sheet 15 ie Rock R m nt i Pedestrian BrIUR11110ment Boulder Grade Control XS 0+18 See Sheet 14 N t2 1 r Native Cobble Substrate Fill 1 1 1 1 i r 1 XS 0+53 E See Sheet 14 Tie into 30' RCP Invert Outlet-1292.0' --------- - Step Down from Storm Pipe 1 1 r / 1 t asis�.op I pia TA'tE pF s I tr AR AN A sf Y. x♦ I 'G TER /t N N� woym Tanglevmod Branch Stream Enhancement Shalt No. County: s n y: WATERSHED CONSERVATION RESOURCE CENTER 13 Washington MVE 0ravm By: JJH b: 03/05/2021 Typical Cross Section Details Trib Cross Section 0+18 'tom • 1 p, , ,-.ram- _.�3► 1293.2 FILL EROSION CONTROL FABRIC - 4.3' NATIVE RIVER BOULDER/COBBLE FILL toSheet WATERSHED CONSERVATION RESOURCE CENTER RojecL Tanglemod Branch Stream Enhancement No. 14 County: Washington eRlanee By: MVE D, By: JJH ab: 03/05/2021 Typical Cross Section Details Trib Cross Section 0+87 . 2-� 2.5 FLOODPLAIN RELIEF - 1286.0' AAA WBKF = 6.0' ♦ ♦ WATER SURFACE - 1285.0' . \\y I O w DMBKF e 1.6' � (AAG LA N VER BOULD ` rry NATIVE RIVER COBBLE FILL 80% > 64MM , ,� • G � Trib Cross Section 1 +47 OFLOODPLA IN RELIEF - 1281.6' WBKF - \\+, T °f°°STATE pA ♦ , � ,+� A R `u A y REGISTER D P OF SSI NAL 00 DMBKF a 1.7' #a ♦ ANATER SURFACE - 1280.1' 7N. LARGE NATIVE BOULDERS NG A NKA. E • esa� ProjacE-. Tanglewood Branch Str eam Enhancement SheeE No. Caunly: c n By: Washington MVE WATERSHED CONSERVATION RESOURCE CENTER 15 Dawn BY: ab: JJFi 03/05/2021 Typical Cross Section Details Trib Cross Section 1+74 PLANNED EXCAVATION FOR NO RETENTION BY N*ct Tanglemod Branch Stream Enhancement 00 Sheet No. : fhzlanaE BY: 'f �-I` MVE WATERSHED CONSERVATION 6shington By: JJFI ab: 03/05/2021 RESOURCE CENTER 1300 1299 1298 1297 1296 1295 1294 1293 1292 1291 1290 1289 1288 1287 1286 1285 1284 1283 1282 1281 1280 1279 1278 1277 1276 1275 =,U'm witA■®M■■®® MM MMWKI®.■--■■-- M1® ® IM__ �^]iIM MMMIi®■■®M _ Boulder Grade Control MWAlIMMOOMM IMMEEMM �M -®-- ■ ®hMm _ _ ®® 1 1 1 10 20 30 40 50 oU 70 80 90 i00 110 120 130 140 150 160 170 180 190 200 Station Planview Tanglewood Tributary Downstream Detail Tie into Tanglewood WS - 1262.5' 0.99 Tesl_Lines_Fabric �i Design Channel Centerline Design Channel Alignment Cross Sections Other CAC Design Lines ------• Water & Sewer Topo - Major Topo - Minor Rip Rap Flow Dissipator to be Installed by 3rd Party Boulder Grade Control X `tip 1Va� 1 1 1)r ov 1 30" RCP Invert Outlet Elevation - 1273.0' 1 i 1 1 4------- ----- 1 1 1 i I I 1 I 1 1 1 i 1 1 ; i I 1 i I i 1 I �"t"cpoo E OF ; c REGI SSR N 1 1 I i ; Project: Tanglewood Branch Stream Enhancement 00 Bh-1 N. Caunry: slpnM By: Washington MVE WATERSHED CONSERVATION RESOURCE Cf NTE0. Drawn By: b: JJH 03/05/2021 Typical Cross Section Details Trib Cross Section 2+83 1274. �111 Trib Cross Section 3+04 5' 3, 1274.3' II i � FLDDDPLAIN RELIEF - 1272.4' O 1� �WBKF = 7.0'— A = OZ FTC-r WATER SURFACE - 1271.4' I LOW FLOW WEIR INVERT WIDTH - .0'P 3_%� ELEVATION 1271.2' -� - LARGE NATIVE RIVER BOULDER/COBBLE FILL .+ 3.5' •f 2'1'-► 2.5' F ( 1272.8' o O G o P 1272. D' _ . - FLOODPLAIN RELIEF - 1269.5' SLC WBKF = 6.0' I SURFACE - 1268.1' — DM8KF = 3.0' LARGE NATIVE RIVER BO DER/CG8 LE FIL NATIVE RIVER COBBLE FILL 80% > J* 1.3:1 tgg SSPTE pF rgt A 1� A N4' A t L1 x,tx� EGISTERO 14G11� yT Er'U 10681 Y1I11VAJP` es��9r Propct: Tanglemod Branch Stream Enhancement SKeM No. Count': N.Igne,f y: WATERSHED CONSERVATION 19 1 Washington MVE RESOURCE CENTER Drawn.Y: JJFI ". 03/05l2021 Typical Cross Section Details Trib Cross Section 3+33 3 L., -- 3.3' �0.5'®R CE - 127 I O _CvI Rolact: Tangl-d Branch Stream Enhancement sneer RR. count': espnad my: Washington IMVE WATERSHED CONSERVATION RESOURCE CENTE0. 20 D.—ay: Rate: JJH 1 03/05/2021 Longitudinal Profile 1279 Tanglewood Tributary Downstream Detail z; 1278 - - G_;_ 7 XS 2+83 XS 3+04 XS 3+33 1277 TS14 1272.5' TS15 1271.4' TS16 1270.3' T517 1269.2' T518 1268.1' TS19 1267' TS20 1265.9' T521 1264.8' T522 1263.7' 1275 mmmmmmmlm� MEMIN . o 1274 1273 (272 ONE IMERSOMWOMMEMEMEME C, RCPOutlet-1273' U270 k! 1269MMEMEEMEM IF 5-W-13�1 a F267 MEMEMEMEMEME f266MMEME m ELMM IF, III -MENOMINEE No � Typical Grade Control Construction Details (Tanglewood Branch Tributrary) Plan View �- G "o-._' Imo'. ...' ••_ Q•••. O Racks not scale A gh= NOTES: Boulders will be 1 ton minimum to 3 too n maximum weight The Grade Control Sturcture will be field engineered to meet the general design specifications presented in the plan set Water surface grade will be controlled by the invert elevation. The final invert elevationyl� be dependent on field conditions and will be specified by the Engineer during co �r�(/�J► v All structures shall be footered to bedrock unless specified by the Engineer i e d Al boulders will be installed with a slight backslope in the upstream direction Al boulders shall have direct contact to the adjacent boulder so that no gap between adjacent b rs p ent. Filter fabric and/ or clay will be installed on the upstream side of the grade control structure Rip -rap shall be placed in front of structure boulders to prevent scour and undermining of boulders If shale bedrock is present, the contractor shall excavate a trench for footer rocks — 3' Elevation View _ INVERT ELEV: X%' B FOOTER TO BEDROCK SCALE: NTS CLAY OR FILTER FABRIC INSTALLED UPSTREAM OF STRUCTURE TOP FOOTER ROCK SETS GRADE. WATER FLOWS OVER INVERT ROCK(S) g!/SATE OFY' RfI� �L T yl AR AN A a � • ,k a 5 to RE ISTERE ; "7 F E SI 1 E a � R•2� it >7 'k '9T No 10661 �Q i ,yFW A sit KI B' rholact: Tanglemod Branch Stream Enhancement Sheet No. County: algnatl y; WATERSHED CONSERVATION RESOV0.Cf CFrvTF0. 22 Washington MVE Drawn ey; JJFI ab: 03l05/2021 Planview Bioretention to Tanglewood Tributary (hC 1288.5' � 1287.5' o tiiUE)4.IA1! Potential to Place Grass Baffling between Structures Bioretention Centerline V ,rLill T Other CAC Design Lines ------ Water &Sewer a ---- � -------------� Topo -Major 2� 0 ,t . r_- - - .._ _9pr No 1066 Topo - Minor 25 12.5 0 25 Feet -------------------------------------------- Fr +++ i , , , , r , , , , , , , i 1281.75' i 1281.0' , , , I i R,J. t: Tanglemod Branch Stream Enhancement 0 Ra. ...rtY: .vlgaaa Y: OP—., Washington MVE WATERSHED CONSERVATION NSERVCENTE 23 Of0.—nY: ata. RESOURCE JJH 03/05/2021 1294 1293 1292 1291 1290 1289 1288 1287 1286 1285 1284 1283 1282 1281 1280 1279 1278 1277 - 1276 1275 0 E4q—Tanglewood Branch Stream Enhancement 1' ah—NR. Coany: De.19-a By: WATERSHED CONSERVATION 24 Was MVE RESOURCE CENTER Dnwn By: Deb: JJFI 03/05/2021 10 20 30 40 50 e0 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 Additional Details Typical Access to Tanglewood STA 0+79 EXCAVATE CONCRETE DEBT v TOPSOIL AND COMPACT BLOCK FIGURE 2 ADD TOPSOIL AND WEAVE PLANTS THROUGH FABRI FIGURE TOP F BOTTO Ric ROCK WALL Typical BioD-Block Assembly Continued Contractor's Responsibility The contractor will be responsible for completing a portion of the BioD-Block place and secure blocks for filling. The illustrations shown present the genet performed by the contractor for the "Installation of Soil Mattress" bid item i 1. The engineer will stake out and align the blocks 2. A third party will be onsite at the time of BioD-Block installation a for filling. 3. The contractor will fill each block wit 'xtu of top soil andii and subsidence. Top soil and comp s II mix&kn Wit d la 4. During the fill process, BioD-Block a main vertiand w 5. Soil near the streamward edge of thg will need tacted mat and smoothed to their finish a tior� Large clum fe discard 6. Contractor will pull back to c and temporaril T����tnnrTtp�' the back edge of the fa take hall be driv I m of 1' de the ground. 7. While the third rty is in g blocks in n for filling, t co 8. Volume of fill is i dad i hEf "Ba a ' d Floodplai it process, while coordinating with a 3rd party who will In details for installing BIOD-Blocks. The work to be tWand secure the BioD-Blocks and pre -plant them in preparation a height a0ove the finish grade, to allow for compaction yer. II ne to reset if they are disturbed. Iq& hand tamper or similar tool. Slopes will be manually raked requires at least 2 stakes per side seam and 4 stakes along d. 1 B" hardwood stakes will be used to secure the fabric to for will need to wait before being able to fill and grade the soil lift. item Additional tail mire BioD- in Ilation T found are presented below_ -Block Assembl Details mattress will be structure tlha ^wm ore in^ ekfaotio The engi bidc. Place addl I 4 Tie the IoD ck fr used h' b f o cinn oD-Blocks it wI ystem that consists of a densely packed mattress ceir fiber block attached to a bristle coir woven fabric. This layer provides a 2 to nis oo[and mature. `bench should be cle rg d led with river gravel Lay willow, sycamore, or other live plantslwting between stack rock. a backing slake B'oD-B should be laid out along the backing stakes beginning at the upstream end. Untie the block fabric, save the col, ties, and spread the bottom the bench a d the Join the BiaD-Block by inserting the male end of the second block to female end of the first block. her by w@avi�he ved tour ties through the coir netting At minimum. one tie shall be placed on the front face and top edge of the block Additional ties can be 5 A or an brit to the groM MI U�ock ■ 3- x to' stakes. The row of stakes placed closest to the block shall be no more than 3' from the BioD-Block and shall be placed at the fabric ry 2' along g�f second row of stakes shall be placed at the back edge of the fabric- These stakes shall be placed at the fabric seams and every 3-4 along the 1. In o blo Fgure 2). s ould ka to avoid damaging phnls placed Instep 2 when staking In the fabric A Fill soil a hi ght of blo chain ly compact the soil. Add compost after compacting so that me finish level is slightly higher that the heght of the coir block (Figure 2) lant bare of seedlings an rosf plu into me soil/compost mixture Apply native and nursery grass seed. `- back the top fabric and wooden l' x Y x 18- stakes Use the stakes to create leverage to pull fabric tight to the ground (Figure 3). This first new of stakes should be placed 1.5' from the sires and edge of the blocks. ' king the top fabric, carefully weave bareroot stems through openings in the fabric. co additional stakes Ina staggered pattern t. an the front and back of the BioD-block to hold the fabric in place- G O1 Anchor the back of thck along the seems end every 3 4 while using he same technique as described in step S. If additional fabric Is being instilled up slope of he Bio D frock do not anchor the back edge of the tab until the other fabric has been overlapped and Installed. Approximate placement of stakes can be seen in Figure 4. OStreamward Edge COIR BLOCK FIGURE 4 vropchTanglewood Branch Stream Enhancement 44 sheet No. county: Ckniknea y: Washington MVE WATERSHED CONSERVATION 25 prawn ey: JJH goer: 03105/2021 RESOURCE CENTER Bid 21-50, Addendum 1 Date: Tuesday, October 27, 2021 To: All Prospective Vendors From: Jonathan Smith — 479.575.8220 — jonsmith@fayetteville-ar.ov RE: Bid 21-50, Construction—Tanglewood Branch Restoration CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it w originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the BidIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. The following deadlines were updated for Bid 21-50 below as an official modification to Bid 21-50: All in r pari s I cons' City Responses onsesKO DeadliV tes Pre -Bid Meeting uesday,%ovemb , 2721 at 10 AM — 11 AM Deadline for Questions and Comments . ay, N o>4,mb r 12, 2021 at 12 PM Response Deadline I ues ember 7, 2021 at 2 PM Bid Opening N Tue ecember 7, 2021 at 2 PM City of Fayetteville, AR Bid 21-50, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 CITY OF FAYETTEVILLE i ARKANSAS PRE -BID MEETING INFORMATION BID 21-50, CONSTRUCTION -TANGLEWOOD BRANCH RESTORATION A non -mandatory Pre -Bid conference will be held at the jobsite on Tuesday, November 9, 2021 at 10:00 AM. Information regarding the pre -bid meeting will also be posted on the project page on the City's electronic bidding platform. �Pwillnot All interested parties are encouraged to attend. The City will transmit to all spective Bid ecord such Addenda in response to questions arising at the conference. Oral statements may t ee lied upo �inding or legally effective. V • Pre -Bid Meeting / Jobsite Address: 221 S. School Ave., Fayettev e, 4 2701 O o This is the physical address for the on -site job trailer bh�lz) o Parking is available on site or attendees can par in th Vrary p of G • Pre -Bid Meeting Requirements: • o This is an ACTIVE construction site. All at will be req d tow a ollowing while attending the pre -bid meeting: hard hat ♦ G •` ■ high visibility safety vest G � � G 0 0 ♦ G o P � o P CITY OF FAYETTEVILLE ARKANSAS Contract for Bid 21-50 Tanglewood Branch Restoration Appendix B Bid Submittal - Flow State., LLC Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Warne, legal statrrc arrd aridn ssy (Xinne, legal statics and principal place r fhres(rttss) Flow State, LLC Great American Insurance Company important.Consult 6 E Elm Street 301 East Fourth Street legal consequnt ences. legal consequences. Consultation Fayetteville, AR 72703 Cincinnati, OH 45202 with an attorney is encouraged v. ith respect to its completion or OWNER: modification, JXarnv, ir;gal status crud ad iress) Any singular reference to City of Fayetteville Surety, Owner or other party shall be considered other 113 W. Mountain plural where applicable. Fayetteville, AR 72701 BOND AMOUNT: S 5% Five Percent of Amount Bid PROJECT: fSavie. location or address and lir eject ruanber. (, f nittJ Bid 21-50 Construction - Tangiewood Branch Renovations The Contractor and Surety are bound to the 0%vner in the amount set forth above, for the payment of which the Contractor and Surct-y braid themselves, their liclrs, executors, adtnittistrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Band are such that if the owner accepts the bid of the Contractor within the tittle specified in the bid doetiments, or within such time period as may be agreed to by file Ovaicr and Contractor, and the Contractor either (l) enters into a contract Nvith the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and othernisc acceptable to fhe Owzicr, for the faithful perforniance of such Contract and for the prompt payinerit of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the difference. not to exceed the amount of this Bond, between the amount spccificd in said bid and such larger amount for which the Owner may in good faith contract with another party to purtilntl (lie work- covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and eilcct. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner clay accept the bid. *aiver ol,notice by the Surety shall not apply to atly extension cwccditla six y (00) days in the aggregate beyond the time t'cir acceptance lit bids sNei lied In the bid documents. and the Ow-ner and Contractor shall obtaitt the SnrctVs consent fair an extension beyo lid sixty (60) days. If this Bond is issued in coniectioa with a subcontractor's bid to a Contractor. the tern Contractor in this Bond shall be deemed to be Subcontractor and (Iie term Owner shall be deemed to be Contractor. When this Bond has been tbruished to comply with a statutory orother legal requirement in the location oftlie project, any provision in this noitd corillictiile with Said statutory or legal reiinirement shall be deemed deleted herelrom and provisions coniiinMll_: to such statutory or other legal requirement %hall be deemed incorporated lierein. when so lumished. the intent is that this pond shall be construvil as a statutory bond and not as a common taw bond. Signed and scaled this 7th day of December, 2021 Kaifee St e Flow State, LLC (Principal) (sea]) By: tla) ��riw-i c47:1C? Great American Insurance Company (sure[3) 6501111 By: fulol-aura D.-Mosholder Attomey-in-Fact S-00541AS 8110 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.O 20698 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name LAURA D. MOSHOLDER EDWARD MORGAN CLARK KELLY PHELAN DON BRAMLAGE Address ALL OF SANFORD, FLORIDA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 13th day of AUGUST 2020 Attest GREAT AMERICAN INSUJRANCE COMPA Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICARIC (877-377-2405) On this 13th day of AUGUST 2020 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public State of Ohio My Comm. Expires May 18, 2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in fall force and effect. Signed and sealed this 7th day of December 2021 0� Assistant Secretary S1029AH (03/20) CITY OF Y TTEVIL , ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o in lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purcha o Jpload 5%o bid bond to the City's electronic bidding platform referred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). AIi line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. F 7documents All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid 1ZAll bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the location listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citvoffavettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional information Required: • List of Subcontractors: Submit form on electronic bidding portal or attach if submitting a physical bid • AR Secretary of State Filing: 7i i 1 " _ (o6 q Q 7 or filing number for the state Contractor is established, or submit on the City's electronic bidding platform • Arkansas Contractor License# or date of application: nL ,2 Z j or submit on the City' electronic bidding platform • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit on City's electronic bidding platform (preferred), OR circle applicable answer: YES or NO ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: The City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain St Fayetteville, AR 72702 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work, including federal requirements. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 60 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75 calendar days after the date when the Contract Times commence to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors and qualifications; C. List of Proposed Suppliers (N/A); D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Contractor's License No. OR date of application for licensure: 04(Z i f)'3 Z_2 G. Required Bidder Qualification Statement with supporting data; H. Byrd Anti -Lobbying Amendment Certification (completed and executed on the enclosed form); and L Any other documents indicated as pertinent ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL, BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] j ©�1 V% �✓hx"t tit (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] at's 4— Title: 'T l p_s Submittal Date: Address for giving notices: TAX ID / EIN Number: Telephone Number: 1 Fax Number:l Contact Name and e-mail address: o 1,q �v ` iu�r vt (y 1c� -,tl "-e rv� l r < L'r"\' Bidder's Contractor's License No. OR date of application for iicensure: % g2fiZ,z o 3,23 City of Fayetteville, AR Bid 21-50, Construction—Tanglewood Branch Restoration Byrd Anti -Lobbying Amendment Certification 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING ALL BIDDERS SHALL SUBMIT THIS FORM WITH BID The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor hereby certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Name of Contractor sigrAure of Authorized Official 0 Name and Title of Contractor's Authorized Official 11�23 &r Date List of Subcontractors Devore Excavating, LLC 16726 Sunset Rd Winslow, AR 479-790-4637 Matt Devore Flow State, LLC Statement of Qualifications Owner: John Chapman Contact: (479)422-4759, 6 E Elm St, Fayetteville, AR 72703, john@flowstatemapping.com Summary of Qualifications: 0 8 1/2 years of Experience in Natural Channel Design and Stream Restoration • 7 years of experience directly managing and building stream restoration projects • Over 1,000 hours of excavation experience constructing stream restoration projects using Natural Channel Design Techniques • Constructed over 4,000 feet of toe -wood structures, 2,000 of which were on large rivers in deep water environments (> Y), footered to bedrock. • Oversaw and constructed j-hooks, cross veins, constructed riffles, and step -pools • Completed all 4 levels of courses in "Applied Fluvial Geomorphology" and "Natural Channel Design" led by instructor Dave Rosgen, Ph.D. Project Specific Experience: *Projects completed while employed as the Watershed Restoration Program Director for The Nature Conservancy (TNC). 2021 — Clinton River, Michigan 438 ft of priority 1 restoration on the Clinton River in Rochester, MI. Design and Construction Cost: $189,750 Design by Green Watershed Restoration LLC, Contact Mike Geenen (919)-606-9059 Constructed: 150 feet of toewood 200 feet of brush mattresses 2 rock grade control structures 1 log grade control structure 5,000 cu yards of earthwork 2021— Rock Creek, Arkansas Approximately 300 linear feet of stream realignment and priority 2 stream restoration on Rock Creek near West Fork, AR. Construction cost (not including design, permitting, or material) $42,840 Design and construction oversight by WCRC Constructed: 180 feet of deep footered toewood 2 rock and 1 wood grade control structures 1 log j-hook 800 cu yards of channel excavation 2020 — Osage Creek, Arkansas Approximately 1,500 linear feet of stream restoration on Osage Creek in Rogers Arkansas. As a sub -contractor constructed approximately 500 feet of deep footered toewood and a 200 foot stacked rock wall. Design and construction oversight by WCRC, Construction by Natural State Streams LLC. *2020 - Rockhouse Creek 3,000 - foot Priority 1 Restoration of Rockhouse Creek in Madison County, ArkansasConstruction Cost: $320,000 Design by Green Watershed Restoration LLC, Contact Mike Geenen (919)-606-9059 Permitting and project management by John Chapman, TNC (479-422-4759 Constructed: 1,100 feet of toewood 6 cross vein structures 9 j-hook structures 7 constructed riffles 20,000 cu yards of earth work *2019 — South Fork Little Red River Bank Stabilization project with 600 feet of toe -wood constructed Construction Cost — $120,000 Design, Permitting and project management by Joy Wasson, TNC (501)772-0497 *2017/2018 - Oxbow Restoration — Kings River 1500-foot bank stabilization project on the Kings River in Carroll County, Arkansas Design, Permitting and Project Management by John Chapman and Joy Wasson, TNC (479)422-4759, (501)772-0497 Construction Cost - $250,000 Constructed: 1,500 feet of toewood 2 rock veins (installed in 2018) 1 modified cross vein (2018) 40,000 cu yards of earthwork *2016 - Osage Creek Bank stabilization - 300 foot toewood installation Design, permitting, and project management by Joy Wasson and John Chapman, TNC (479)422-4759, (501)772-0497 Construction Cost — $35,000 References: Scott Simon — Director, The Nature Conservancy Arkansas Chapter, ssimon@tnc.org (501)804-4081 Joy Wasson — Rivers Program Director, The Nature Conservancy Arkansas Chapter, ioy.wasson@tnc.org (501)772-0497 Clinton River Restoration: '�i3 �., �' _' k 3 f•�`-s. �'h � a�pa, ' � 4_ n s � F � V %'` s: ,�,. r W4VL •� � � �'�§��� -yam. y "'�� - _ �e - - '�,e-• J °- Spa �. 1 ., # �"$�,g�6f � �' 4' � y Rockhouse Creek Restoration: e:. Oxbow Restoration — Kings River Photos: 0 . . . ...... Primary Responses Success: All data is valid! Bid/No Bid # Quantity Unit of Numeric Unit Price Tent Unit of..t Total Cost Decision Package 01.0 - Bid Table Required M.......nt measurarn Success: All values provided Bid #1-1 Mobilization (not to exceed 5 % of total bid 1 L.S. $ 8,000.00 L.S. $ 8,000.00 amount) Success: All values provided Bid #1-2 Bonds and insurance 1 L.S. $ 15,000.00 L.S. $ 15,000.00 River Channel and Floodplain Excavation I Success: All values provided Bid #1-3 Channel Shaping I Streambank Filling, Shaping 120 Plan OTY (yd3) $ 12.00 C.Y. $ 1,440.00 and Grading Success: All values provided Bid #1-4 Rock Riffle Grade Control Main Channel 5 E.A. $ 6,800.00 E.A. $ 34,000.00 Success: All values provided Bid #1-5 Rock Riffle Grade Control Tributary 28 E.A. $ 2,910.00 E.A. $ 81,480.00 Success: All values provided Bid #1-6 Boulder Clusters 16 E.A. $ 1,940.00 E.A. $ 31,040.00 Success: All values provided Bid #1-7 Field Engineered Boulder Structure 4 E.A. $ 6,750.00 E.A. $ 27,000.00 Success: All values provided Bid #1-8 Rip Rap Removal 6 C.Y. $ 350.00 C.Y. $ 2,100.00 Success: All values provided Bid #1-9 Concrete Extrication and Removal from Channel 50 C.Y. $ 50.00 C.Y. $ 2,500.00 Success: All values provided Bid #1-10 Installation of soil mattresses -complete in place per specifications and drawings 350 L.F. $ a7.00 L.F. $ 16,450.00 Success: All values provided Bid #1-11 Single Rock Toe Bench 90 L.F. $ 106.00 L.F. $ 9,540.00 Success: All values provided Bid #1-12 Double Rock Toe Bench 60 L.F. $ 183.00 L.F. $ 10,980.00 Success: All values provided Bid #1-13 Triple Stack Rock Toe Bench 70 L.F. $ 220.00 L.F. $ 15,400.00 Success: All values provided Bid #1-14 Four Stack Rock Toe Bench 150 L.F. $ 229.00 L.F. $ 34,350.00 Success: All values provided Bid #1-15 Native Stone Revetment 60 C.Y. $ 97.00 C.Y. $ 5,820.00 General Excavation: Excavator (16,000 Ibs) -work Success: All values provided Bid #1-16 outside scope of specific bid items (Equipment, 40 Hour $ 130.00 Hour $ 5,200.00 Fuel, and Operator) (Based on equipment hours) General Excavation Skid Steer - work outside Success: All values provided Bid #1-17 scope of specific bid items Skid Steer(Equipment, ao Hour $ 100.00 Hour $ a,000.00 Fuel, and Operator) (Based on equipment hours) Success: All values provided Bid #1-18 General Labor 40 Hour $ 40.00 Hour $ 1,600.00 Site Clean -Up including debris removal, grading Success: All values provided Bid #1-19 and mechanical raking of storage areas, loading 1 L.S. $ 5,000.00 L.S. $ 5,000.00 of excess construction materials on 3rd party trucks Package 02.0 - Deductive Alternative 1 - Rock and Earthwork Materials Success: All values provided Bid #2-1 Top Soil 100 C.Y. $ 40.00 C.Y. $ 4,000.00 Success: All values provided Bid #2-2 Fill Soil 65 C.Y. $ 30.00 C.Y. $ 1,950.00 Success: All values provided Bid #2-3 Clay 20 C.Y. $ 60.00 C.Y. $ 1,200.00 Success: All values provided Success: All values provided Success: All values provided Success: All values provided Success: All values provided L Success: All values provided d #24 d #2-5 Medium -Large Native Boulders Large Native Boulders 340 Ton $ 100.00 Ton $ 34,000.00 360 Ton $ 100.00 Ton $ 36,000.00 d #2-6 d #2-7 d #2-8 Flat Native Stone Native Stone (Shot Rock) River Cobble 290 Ton $ 100.00 Ton $ 29,000.00 120 Ton $ 45.00 Ton $ 5,400.00 70 Ton $ 45.00 Ton $ 3,150.00 d #2-9 Sorted Creek Gravel 50 Ton $ 45.00 Ton $ 2,250.00 Package 03.0 - Deductive Alternative 2 - Erosion Control Materials Success: Success: Success: Success: Success: Success: Success: Success: Success: Success: Success: Success: All values provided All values provided All values provided All values provided All values provided All values provided All values provided All values provided All values provided All values provided All values provided All values provided 13i BI Bid Bid Bid Bid Bid Bid Bid Bid Bid Bid #3-1 #3-2 #3-3 #34 #3-5 #3-6 #3-7 #3-8 #3-9 #3-10 #3-11 #3-12 BioD-Blocks 16" Coir Wattles 6" Coir Wattles 9" Coir Wattles 12" Compost Coir Fabric 13.1 ft x 83 ft Coir Fabric 6.56 x 166 ft Filter Fabric Straw Bales 18" Wedge Stakes 22" Wedge Stakes Notch Stakes 36 E.A. $ 230.00 E.A. $ 8,280.00 18 E.A. $ 50.00 E.A. $ 900.00 5 E.A. $ 90.00 E.A. $ 450.00 10 E.A. $ 100.00 E.A. $ 1,000.00 25 C.Y. $ 100.00 C.V. $ 2,500.00 480 S.Y. $ 4.50 S.Y. $ 2,160.00 240 S.Y. $ 4.50 S.Y. $ 1,080.00 500 S.Y. $ 5.00 S.Y. $ 2,500.00 120 E.A. $ 10.00 E.A. $ 1,200.00 2240 E.A. $ 1.30 E.A. $ 2,912.00 360 E.A. $ 1.50 E.A. $ 540.00 1700 E.A. $ 1.50 E.A. $ 2,550.00 CITY OF FAYETTEVILLE ARKANSAS Contract for Bid 21-50 Tanglewood Branch Restoration Appendix C Bid Tabulation CITY OF _ FAYETTEVILLE ARKANSAS BID TABULATION BID 21-50, CONSTRUCTION - TANGLEWOOD BRANCH RESTORATION DEADLINE: TUESDAY, DECEMBER 7, 2021 BEFORE 2 PM, LOCAL TIME CERTIFICATION OF FUNDS Certified Funds $ 550,000.00 25%Additional Allowance Allowed per State Law $ 137,500.00 Maximum Award Amount $ 687,500.00 SUMMARY OF ALL BID SCHE FLOW STATE LLC TOTAL BASE BID (ALL BID SCHEDULES) $ 453,922.00 TOTAL - BID SCHEDULE 1 $ 310,900.00 TOTAL - BID SCHEDULE 2 (Deductive Alternate 1 of 2) $ 116,950.00 TOTAL - BID SCHEDULE 3 (Deductive Alternate 2 of 2) $ 26,072.00 #1-1 Mobilization (not to exceed 5% of total bid amount) #1-2 Bonds and insurance #1-3 River Channel and Floodplain Excavation / Channel Shaping / Streambank Filling, Shaping and Grading #1-4 Rock Riffle Grade Control Main Channel #1-5 Rock Riffle Grade Control Tributary #1-6 Boulder Clusters #1-7 Field Engineered Boulder Structure #1-8 Rip Rap Removal #1-9 Concrete Extrication and Removal from Channel #1-10 Installation of soil mattresses - complete in place per specifications and drawings #1-11 Single Rock Toe Bench #1-12 Double Rock Toe Bench #1-13 Triple Stack Rock Toe Bench #1-14 Four Stack Rock Toe Bench #1-15 Native Stone Revetment #1-16 General Excavation: Excavator (16,000 Ibs) - work outside scope of specific bid items (Equipment, Fuel, and Operator) (Based on equipment hours) #1-17 General Excavation Skid Steer - work outside scope of specific bid items Skid Steer (Equipment, Fuel, and Operator) (Based on equipment hours) #1-18 General Labor Site Clean -Up including debris removal, grading and mechanical raking of storage areas, loading of excess construction materials on #1 19 3rd party trucks TOTAL COST FOR BID SCHEDULE 1 #2-1 Top Soil #2-2 Fill Soil #2-3 Clay #2-4 Medium -Large Native Boulders #2-5 Large Native Boulders $ 8,000.00 $ 15,000.00 $ 1,440.00 $ 34,000.00 $ 81,480.00 $ 31,040.00 $ 27,000.00 $ 2,100.00 $ 2,500.00 $ 16,450.00 $ 9,540.00 $ 10,980.00 $ 15,400.00 $ 34,350.00 $ 5,820.00 $ 5,200.00 $ 4,000.00 $ 1,600.00 $ 5,000.00 $ 310,900.00 $ 4,000.00 $ 1,950.00 $ 1,200.00 $ 34,000.00 $ 36,000.00 #2-6 Flat Native Stone $ 29,000.00 #2-7 Native Stone (Shot Rock) $ 5,400.00 #2-8 River Cobble $ 3,150.00 #2-9 Sorted Creek Gravel $ 2,250.00 TOTAL COST FOR BID SCHEDULE 2 $ 116,950.00 i Schedule D- Description#3-1 BioD-Blocks 16" $ 8,280.00 #3-2 Coir wattles 6" $ 900.00 #3-3 Coir Wattles 9" $ 450.00 #3-4 Coir Wattles 12" $ 1,000.00 #3-5 Compost $ 2,500.00 #3-6 Coir Fabric 13.1 ft x 83 ft $ 2,160.00 #3-7 Coir Fabric 6.56 x 166 ft $ 1,080.00 #3-8 Filter Fabric $ 2,500.00 #3-9 Straw Bales $ 1,200.00 #3-10 18" Wedge Stakes $ 2,912.00 #3-11 22" Wedge Stakes $ 540.00 #3-12 Notch Stakes $ 2,550.00 TOTAL COST FOR BID SCHEDULE 3 $ 26,072.00 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 SUSTAINABILITY/RESILIENCE (631) 2022 Requestor: Peter Nierengarten BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Construction Contract with Flow State for Tanglewood Branch Restoration in the Lower Ramble for a not to exceed amount of $453,922. RESOLUTION/ORDINANCE COUNCIL DATE: 2/1 /2022 LEGISTAR FILE ID#: 2022-0037 Hovy 3lack� 111412022 10:32 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: 2/1/2022 GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 4608.860.7800-5804.00 30,220 - 46080 7800 EX Building Costs 4608.860.7999-5899.00 4604.860.7800-5804.00 (30,220) - 40,500 - 46080 7999 EX 46040 7800 EX Unallocated - Budget Building Costs 4604.860.7800-5860.02 4601.860.7800-5804.00 (40,500) - 188,202 - 46040 7800 EX 46080 7800 EX Capital Prof Svcs - Engineering/Architectu Building Costs 4601.860.7800-5860.02 (188,202) - 46080 7800 EX Capital Prof Svcs - Engineering/Architectu H:\Budget Adjustments\2022_Budget\CITY COUNCIL\02-01-22\2022-0037 BA CAC Tanglewood Contract.Asm Brand Restoration Flow State 1 of 1