nwacc college facilities and planning departmentapi.nwacc.edu/purchasing/job order contracting...

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NWACC COLLEGE FACILITIES AND PLANNING DEPARTMENT

February 2011

NorthWest Arkansas Community College Construction Facilities Planning Department (CFPD)

One College Drive Bentonville, AR 72712

Phone: (479) 619-4130 /(479) 619-2281 Fax (479) 619-3109

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TABLE OF CONTENTS JOC

(Job Order Contracting) For

Construction Services

NorthWest Arkansas Community College

SECTION NO. SECTION TITLE NO. OF PAGES PART 1 NWACC Proposal Requirements Section 0001 Invitation To Propose for Job Order Contract (JOC)……… 5 - 8 Section 0002 Instruction to Proposers…………. ……………………….. 9 - 16 Section 0003 Job Order Contract Execution Guide……………………… 17 - 28 Section 0004 JOC Proposal Form ……………………………………….. 29 - 45 Section 0005 Agreement Form/Contract/Grant /Certification Form …... 46 - 50 Section 0006 General Conditions ………………………………………... 51 - 79 Section 0007 NWACC Construction Guidelines …………………............. 80 - 83 Section 0008 Prevailing Wage Rates (State/Federal) …………………….. 84 - 102 Non Employment of Illegal Allies Requirements Davis Bacon Act Requirements/Forms/Conditions PART II Specifications/General Requirements Section 0009 Summary of Work ………………………………………… 104 - 106 Section 0010 Site Conditions ……………………………………………. 107 - 109 Section 0011 Protection of the Environment ……………………………. 110 - 111 Section 0012 Safety Requirements and Protection of Properties…………. 112 - 115 Section 0013 Submittals during Construction …………………………… 116 - 121 Section 0014 Schedule and Sequence of Operation ………………………. 122 - 124 Section 0015 Quality Controls …………………………………………… 125 - 127 Section 0016 Control of welding/cutting and brazing (Hot Work Permit … 128 - 133 Section 0017 Temporary Construction Facilities …………………………. 134 - 137 Section 0018 Material and Equipment Handling, Storage and Protection …. 138 - 141 Section 0019 Contract Close Out ………………………………………… 142 - 144 Section 0020 Cleanup …………………………………………………….. 145 - 147 Section 0021 Record and Documents …………………………………….. 148 - 152 Section 0022 Documents ………………………………………………… 153 Section 0022.1 JOC Evaluation Criteria Section 0022.2 Certificate of Insurance Section 0022.3 JOC Estimated Summary with Sample Form Section 0022.4 Notice to Proceed Section 0022.5 Performance and Payment Bond

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Section 0022.6 Contract and Grant Disclosure and Certification Form Section 0022.7 DFA Illegal Immigrants Disclosure Certification Form Section 0022.8 Application and Certificate for Payment Section 0022.9 JOC Bid Form Section 0022.10 Certificate of Substantial Completion Section 0022.11 Welding/Hot Work and Electrical/ Equipment Lockout/Tag Out Forms Section 0022.12 Affidavit of Payment of Debts and Claims (AIA Form 706) Section 0022.13 Certificate of Affidavit of Release of Liens Section 0022.14 Consent to Surety to Final Payment Section 0022.15 Arkansas Certificate of Compliance Section 0022.16 Transmittal of Shop Drawing, Equipment, Materials, etc Section 0022.17 AIA Document A101 – 2007 Section 0022.18 AIA Document A201 - 2007

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NWACC

JOB ORDER CONTRACTING (JOC)

FOR CONSTRUCTION SERVICES

PART 1

NWACC PROPOSAL REQUIREMENTS

Section 0001 Invitation to Propose Section 0002 Instruction to Proposers for JOC Section 0003 Job Order Contracting Execution Guide Section 0004 Proposal Form Section 0005 Agreement Form and Contract/Grant/Certification Forms Section 0006 General Conditions Section 0007 NWACC Construction Guidelines Section 0008 Prevailing Wage Rates (State/Federal)

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INVITATION TO PROPOSE

SECTION 0001

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INVITATION TO PROPOSE SECTION 0001

JOB ORDER CONTRACTING FOR CONSTRUCTION SERVICES (JOC)

NorthWest Arkansas Community College Bentonville, Arkansas

1. General Information: NorthWest Arkansas Community College (NWACC) Bentonville, Arkansas is

accepting competitive sealed “Best Value Proposals” for Job Order Contracting (JOC), pursuant to Arkansas Code Ann. §19-4-1416 (a)(1) in accordance with the terms, conditions and requirements set forth in this Solicitation For Proposal for Best Value Contract, which considers factors in addition to price. This Solicitation provides sufficient information for interested parties to prepare and submit proposals for consideration by NorthWest Arkansas Community College Construction Facilities Planning Department (CFPD).

2. Submittal Deadline: The NWACC Purchasing Department will receive proposals until 4/5/2011, 11:00a.m., Room 1133.17, 1133.16 or 1133.18 in Burns Hall. Proposals must be submitted in person. There will be a mandatory pre-proposal meeting on 3/22/2011, 2:00p.m., Room 108A Student Center, with the Construction Facilities Planning Department at the NorthWest Arkansas Community College, One College Drive, Bentonville, Arkansas. Contact Purchasing Department prior to meeting date for room number. At this meeting, Contractor(s) will have an opportunity to ask questions regarding this JOC Contract(s). Not attending this mandatory meeting will disqualify any proposer from the JOC Contract involvement.

3. Supervision: Executive Director of Construction Management, (CFPD) and the Associate Vice President of Operations, and other Owner designated representatives supervises the review of and selection of the JOC Award and other contracts pertaining to the JOC service. Chief Financial Officer, as representative of the College Board of Trustees will award the JOC construction contract(s). Associate Vice President for Operations, and Executive Director of Construction Management approves Change Orders, if less than 5% of the budget. Any Change Order in excess of 5% of the budget will require a review by the above mentioned officers in addition to the final approval by the Chief Financial Officer. Request for Payment(s) are approved and final job completion approval are made by Chief Financial Officer upon receiving on site inspection verification that all contract specifications and work has been met.

4. Location of Documents: The full Invitation to Propose is available for download at NWACC College website under nwacc.edu on the Purchasing site. If you are unable to access the website, you may request a copy via email from NWACC Purchasing Department (contact information below).

5. Contact: Any questions or concerns regarding this Solicitation shall be directed to: Jack Thompson, Director of Purchasing NorthWest Arkansas Community College One College Drive Bentonville, AR 72712 [email protected]

mailto:[email protected]

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Phone: 479-619-4140 Fax: 479-619-4106 Tileana Waterman, Purchasing Specialist NorthWest Arkansas Community College One College Drive Bentonville, AR 72712 [email protected] Phone: 479-619-4141 Fax: 479-619-4106 Nathan Miles NorthWest Arkansas Community College One College Drive Bentonville, AR 72712 [email protected] Phone: 479-619-3139 Fax: 479-619-4106 NorthWest Arkansas Community College (NWACC) specifically requests that Contractors restrict all contact and questions regarding this contract to the above named individuals.

6. Obtaining Contract Documents: Obtaining contract documents through any source other than the contacts listed above is not advisable due to the risks of receiving incomplete or inaccurate information. The proposer could run the risk of basing his proposal on such information. The documents obtained through the NWACC Purchasing Department are considered the official version and take precedence if any discrepancies occur.

7. Inquiries and Interpretation of the Job Order Contracting (JOC) Program: Responses to inquiries which directly affect an interpretation and/or change to this solicitation will be issued in writing by an addendum and emailed or otherwise conveyed to all parties recorded by NWACC. Prior to the time the proposals are received shall be considered part of the solicitation, and the Contractor shall be required to acknowledge receipt of such in this proposal. Only those inquires NWACC replies to which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect and non-binding.

8. Proposal Evaluation and Contract Award Process: An award to one or more Contractors for the services specified herein will be made following a procedure using competitive sealed proposals. Proposals will be opened publicly to identify the names of the Contractors, and their coefficients, but will be afforded security sufficient to preclude disclosure of other content of the proposal, or other information, prior to award. After opening, an award may be made on the basis of the proposal initially submitted, without discussion, clarification or modification. NWACC reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interest of the College. Notification of proposal evaluation and awards (s) shall usually be made within 30 calendar days of receipt date.



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9. Proposers are hereby notified that any proposer who desires to enter into Contract for this work must comply with disclosure requirements pursuant to Governor Executive Order 98-04. Submission to the Owner of completed Disclosure forms will be condition of the Contract. The Owner cannot enter into any contract, which does not obligate the Contractor to require the submission of Disclosure forms for subcontractors.

10. Proposers are hereby notified that Arkansas Department of Labor Prevailing Wages Rate, will apply. If project is federally funded in full or part the Davis-Bacon Act wage rates and other federal regulations will apply.

11. The Owner reserves the right to reject any and all proposals, and to waive any formalities.

12. This invitation does not commit the Owner to pay any cost incurred in the preparation of Proposals.

13. Proposers shall conform to the requirements of the Arkansas licensing laws and regulations for contractors, and shall be licensed before their proposals are submitted. There shall be only one proposal submitted per State Contractors license. The Proposer will be required to indicate its license number on the Proposal Form beneath the signature.

14. Pursuant to Ark. Code Ann. §22-9-203, the State encourages all small and minority business enterprises to submit proposals for capital improvements. Encouragement is also made to all general contractors that in the event they subcontract portions of their work, consideration be given to the identified groups.

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INSTRUCTIONS TO PROPOSERS

Section 0002

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INSTRUCTIONS TO PROPOSERS Section 0002

1. CRITERIA FOR SELECTION. The Contractor(s) selected for a JOC award will be the

Contractor(s) who submits the most advantageous proposal to the College. NWACC is not bound to accept the lowest priced proposal if that proposal does not provide NWACC with the “Best Value”. The NWACC CFPD, Associate Vice President for Operations, Executive Director of Construction Management and other qualified individuals will review and evaluate the proposals. The criteria for evaluation of qualified proposals, and selection of the successful Contractor(s) for this award, will be based on the factors listed below (see Proposal Evaluation Form (0004) attached as part of the Proposal Form). It is required that each criteria shall be on separate pages, numbered and titled as listed below. 1. Evaluation Criteria: Contractor’s proposed Coefficient. Use the PROPOSAL FORM (Section 0004). 2. Evaluation Criteria: Statement of Qualifications and the Contractor’s Capabilities (Maximum 20 points) – a list of references of current and past customers and Contractor’s past performance on other contacts for NWACC or other State agencies. Use the BEST VALUE EL EVALUATION CRITERIA (A) Contractor Capabilities form as part of the PROPOSAL FORM/SUBMITTAL. (Section 0004) 3. Evaluation Criteria: Work plan (Maximum of 20 points) – a written Contractor’s plan or approach to managing NWACC’s institutional facilities construction project thru Job Order Contracting. Use the BEST VALUE EVALUATION CRITERIA (B) Work Plan form as part of the PROPOSAL FORM/SUBMITTAL. (Section 0004)

2. GENERAL INSTRUCTIONS. Submission of a proposal indicates Contractor’s acceptance of the evaluation technique and recognition that some subjective judgments must be made. Contractor should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Each proposal should be prepared by providing a straightforward, concise description of your firm’s ability to meet the requirements of the JOC. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the College’s construction needs and standards. Contractors are strongly encouraged to sequence the evaluation criteria as in Best Value Evaluation forms included with the PROPOSAL FORM to accommodate efficiency during the evaluation process. Proposals which are qualified with conditional clauses or alternatives to the provided forms, or items not called for in the solicitation documents, or irregularities of any kind are subject to disqualification by NWACC, at its option. A company portfolio may be attached to each proposal submitted for additional company information but is not required. NWACC will not provide compensation to Contractor for any expenses incurred for proposal preparation. Proposals and any other information submitted by Contractors in response to this solicitation shall become property of NWACC.

3. PROPOSAL DOCUMENTS. Proposers may obtain complete sets of Contract Documents from College website or issuing office designated in the Invitation to Propose. Complete sets of Contract

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Documents must be used in preparing proposals; neither Owner or Design Professional if used assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Obtaining Contract Documents through any source other than the Contact listed in the Invitation to Propose is not advisable due to the risks of receiving incomplete or inaccurate information, and the proposer runs the risk of basing proposer’s proposal on such information. The documents obtained through the NWACC Campus Purchasing Department are considered the official version and take precedence if any discrepancies occur. The fact that documents used for proposal purposes are named “contract documents” does not diminish in any way the right of the Owner to reject any and all proposals and to waive any formality.

4. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK. Proposer shall examine the Contract Documents and visit the project site of work (NWACC Campus). Proposer shall become generally familiar with existing conditions and limitations under which the Work is to be performed, and shall base proposal on the criteria set forth hereinafter in Sections 0003 and 0004. No allowance will be made to Proposer because of lack of such examination or knowledge. The submission of a Proposal shall be construed as conclusive evidence that the Proposer has made such examination.

5. INTERPRETATION OF CONTRACT DOCUMENTS DURING PROPOSAL PROCESS.

5.1 All reference to the Owner shall be interpreted to mean NorthWest Arkansas Community College Board of Trustees acting for and on the behalf of NorthWest Arkansas Community College, with the College CFO acting on behalf of the Board of Trustees. 5.2 If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the Contract Documents or finds discrepancies in or omissions for any part of the Contract Documents, he/she may submit to the Owner a written request for an interpretation or correction thereof not later than five (5) calendar days before the Proposal opening. 5.3 Address all communications (questions/clarifications) regarding the Contract Documents to the NorthWest Arkansas Community College contact: Purchasing Department, One College Drive, Bentonville, AR 72712. (See page 1 and 2 for email and/ or phone) 5.4 Interpretation or correction of the Contract Documents will be made only by an Addendum and will

be emailed, faxed or delivered to each Proposer of record by the Purchasing Department and or his designated representative. The Owner will not be responsible for oral explanations or interpretation of the Contract Documents.

5.5 All Addenda issued during the proposal preparation period will be incorporated into the Contract Documents.

6. TYPE OF PROPOSAL. 6.1 The Work under this Contract will be awarded under a stipulated single coefficient, to the

responsible proposer(s) who offers the “Best Value”. No segregated proposals or assignments will be considered. Proposals are to include all labor, materials, equipments, sales tax, social security tax, State Unemployment Insurance and all other like items necessary to complete this project.

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7. PREPARATION OF PROPOSAL. Proposal shall be made on an unaltered Proposal Form (Section 0004). Fill in all blank spaces and submit one original. Proposals shall be signed with name typed below the signature. Where Proposer is corporation, proposals shall be signed with the legal name of the corporation followed by the name of the state of incorporation, contractor’ license number issued by the Contractors Licensing Boards, and the signature of an authorized officer of the corporation. 7.1 Proposals submitted by a “Joint Venture/Joint Adventure” shall be signed by representatives of each component part of the Joint Venture. The licenses of each component part of the Joint Venture shall also be listed in the bid submittal. Therefore, joint venture proposers shall indicate at least two (2) signatures and two (2) license numbers on the Proposal Form. Exception: Joint ventures who have been properly licensed with the Arkansas Contractors Licensing Board as a “Joint Venture” need only to indicate the joint venture license number on the Proposal Form. Joint Venture proposers shall indicate at least two (2) signatures on the Proposal Form even if they are licensed as a joint venture. 8. PROPOSAL GUARANTEE AND BONDS. 8.1 Each proposal shall include a bid security in the amount of is $5,000.00. The proposer will be

required to submit a bidder’s deposit, which includes enclosing a cashier’s check payable to the order of the OWNER drawn upon a bank or trust company doing business in Arkansas or by a corporate bid bond.

8.2 The bid bond shall indemnify the Owner against failure of the Contractor to execute and deliver the contract and necessary bond (Performance and Payment Bond where required) for faithful performance of the contract. The bid bond shall provide that the Contractor or surety must pay the damage, loss, cost and expense subject to the amount of the bid security directly arising out of the Contractor’s default in failing to execute and deliver the contract and bonds.

8.3 Owner will have the right to retain the bid security of proposers to whom an award is being considered until the Contract has been executed and bonds if required, have been furnished, or until specified time has elapsed so that proposals may be withdrawn, or all proposals have been rejected.

8.4 Should Proposer fail to enter into a contract and furnish the required bonds and insurance certificates within ten (10) days after receipt of Intent to Award, the bid guarantee will be forfeited to the Owner as liquidated damages.

9. PERFORMANCE AND PAYMENT BOND. Each Job Order will stipulate whether a Performance and Payment Bond is required. Performance and Payment Bonds are not required for Job Orders of $20,000.00 or less. For work exceeding $20,000.00, the Contractor shall furnish a Performance and Payment Bond in the amount equal to 100 percent of Job Order price, on a form identical to the Arkansas Statutory Performance and Payment Bond Form as security for faithful performance of the Contract and payment of all obligations arising thereunder within ten (10) days after receipt of the Intent to Award. The bond shall be written by a surety company qualified and authorized to do business in the State of Arkansas. The bond shall be executed by a resident agent or a non-resident agent and shall be licensed by the Insurance Commissioner to represent the surety company executing the bond and filing with the bond the agent’s Power of Attorney as his authority. The bond shall be written in

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favor of the Owner. Contractor shall file the bond, as specified, shall be considered as having abandoned the Contract and the bid security will be retained as liquidated damages. 10. SUBCONTRACTORS. Name of principal contractor shall be listed where indicated on the Proposal Form in accordance with Ark. Code Ann. §22-9-204 and the contract documents. All prime contractors, as a condition to perform construction work for and in the State of Arkansas, shall use subcontractors who are qualified and licensed by the Contractors Licensing Board and qualified in Mechanical (HVAC), Plumbing, Electrical and Roofing and Sheet Metal. 10.1 Electrical License Requirement a. No person shall perform electrical work on the contract without possessing an Arkansas State Master or Journeyman License from the Arkansas State Electrical Examiners Board. All electrical work and apprentice electricians shall be supervised by a Master or Journeyman Electrician on a one to one ratio. b. All electricians shall have a copy of their license with them and shall be required to show it to an appropriate inspector upon request. 11. SUBMITTALS. Submit five (5) proposals using the Proposal Form (Section 0004) in an opaque, sealed envelope. Identify the Envelope with: project name and number, name of Propose, and Arkansas Contractors License number; only one proposal shall be submitted per State Contractors license number. Submit proposals in accordance with the Invitation of Propose. All blanks on the form shall be filled out in ink or be typewritten. Erroneous entries, alterations, and erasures shall be lined out, initialed by the Proposer, and the corrected entry inserted on the Proposal Form. Only those proposals submitted on Owner supplied forms as found in these documents will be accepted. 11.1PROPRIETARY INFORMATION. All proposed information, proposals, forms, briefs, sales brochures, etc. will become property of the Owner when submitted with a proposal. All proposal documents submitted by the proposer may be available for public inspection after the bid opening, subject to paragraph 8 of Section 0001. Proprietary pages and documents required to be submitted with proposal must be clearly marked as such. 12. MODIFICATION AND WITHDRAWAL. Proposer may withdraw proposal at any time Before Proposal opening and may resubmit up to the date and time designated for receipt of proposals. No proposal may be withdrawn or modified after time has been called for the proposal opening. Oral modifications to proposal will not be considered. Proposer may submit written modification to proposal in writing, by email, or by facsimile at any time prior to the expiration of the proposal time and date and shall so word the modification(s) as to not reveal the amount of the original proposal. Email or facsimile modification shall require written confirmation over the Proposer’s signature within 24 hours after proposal opening. 13. DISQUALIFICATION OF PROPOSERS. The Owner shall have the right to disqualify Proposals (before or after opening), which includes but is not limited to, evidence of collusion with intent to defraud or other illegal practices upon the part of the Proposer, to reject a proposal not accompanied by the required bid security or by other data required by the Contract Documents, or to reject a Proposal which is in any way incomplete or irregular.

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14. LATE PROPOSALS. Late proposers, proposals en route, proposals left at a location other than the NWACC Purchasing Department designated area by special carrier or other will not be considered. Proposals must be in the NWACC Purchasing Department by or before the time as indicated on the Invitation to Propose. 15. APPLICABLE LAWS.

15.1 Labor contractors employed upon the work will be required to conform to the labor laws of the

State of Arkansas, its agencies and the various acts amendatory and supplementary thereto, and to all the laws, regulations, and legal requirements applicable thereto.

15.2 Discrimination. Proposer shall not discriminate against any employee, applicant for employment, or subcontractor as provided by law. Proposer shall be responsible for ensuring that all subcontractors comply with federal and state laws and regulations related to discrimination. Upon a final determination by a court or administrative body having proper jurisdiction that the Proposer has violated state or federal laws or regulations, the Owner may impose a range for appropriate remedies up to and including termination of the Contract.

15.3 Taxes. Proposer shall include in each Job Order proposal all state sales tax, social security tax, state unemployment insurance, and all other items of like nature. It is the intent that each Job Order price shall represent the total cost to the Owner of all work included in Job Order. There are no provisions for contractor to avoid taxes by using the tax exempt number of a state agency, board, commission or institutions. Said taxes shall be included in the Job Order price where appropriate.

15.4 All State licensing laws for Contractor(s) shall be followed.

15.5 Disclosure. Potential Proposers are hereby notified that any proposer who desires to enter into a contact not exempted from the disclosure requirements, that disclosure is a condition of the Contract and that the Owner cannot enter into any such contact for which disclosures are not made and the language of paragraphs a, b, and c below will be included in the body of any contract awarded. Potential Proposers are hereby notified that:

a. Disclosure is required to be a condition of any Job Order subcontracted for which the total consideration is greater than twenty five thousand dollars ($25,000.00).

b. The Contractor shall require any subcontractor, for which the Job Order subcontract amount is greater than $25,000.00, to complete and sign the Contract and Disclosure and Certification. The contractor shall ensure that any agreement, current or future between the contractor and a subcontractor for which the total consideration is greater than $25,000.00 shall contain the following: Failure to make any disclosure required by Governor Executive Order 98-04, or any violation of any rule, regulation or adopted pursuant to the Order, shall be material breach of the term of this subcontract. The party who fails to make the required disclosure or who violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor.

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c. The Contactor shall transmit a copy of the subcontractor’s disclosure form to the agency and a statement containing the dollar amount of the subcontractor within ten (10) days upon receipt of subcontractor’s disclosure.

Note: A copy of the “Contract and Grant Disclosure and Certification Form” is included in Section 22.12 Contract/Grant Compliance Forms.

15.6 Minority Participation: Pursuant to Ark. Code Ann. §22-9-203, the Owner and the State of Arkansas encourage all minorities, women, and small business enterprises to submit proposals for capital improvements. Encouragement is also made to all general contractors that in the event they subcontract portions of their work, consideration is given to the identified groups.

15.7 The proposal process, award and administration of the contract shall be made pursuant to Ark. Code Ann. §19-4-1416 (a)(1).

16. LIQUIDATED DAMAGES. The amount of liquidated damages to be assessed shall be in accordance with the amount indicated in each Job Order. Proposer understands and agrees that under the terms of the Contract to be awarded, if the Contractor fails to complete the work within the time limit specified in the Job Order, the Contractor shall pay the Owner as Liquidated Damages, and not in the nature of a penalty the sum specified in the Job Order for each day completion is delayed. It is further understood and agreed by proposer that the said sum fixed as Liquidated Damages is a reasonable sum considering the damages that Owner will sustain in the event of any delay in completion of the Work, and said sum is herein agreed upon and fixed as Liquidated Damages because of difficulty in ascertaining the exact amount of damages that may be sustained by such delay. 17. PRE-PROPOSAL CONFERENCE. Refer to Invitation to Propose, Section 0001, for Information concerning mandatory Pre-proposal Conference. 18. OPENING. Proposals will be opened as identified in the Invitation to Proposal, Section 0001. 19. EVALUATION and CONSIDERATION OF PROPOSALS. It is the intent of the Owner to award a Contract to the responsive qualified proposer who offers the “best value” to NorthWest Arkansas Community College, provided the proposal has been submitted in accordance with the requirements of the Contract Documents. The Owner shall have the right to waive any formalities in a proposal received and to accept the proposal which, in the Owner’s judgment, is in its best interests. JOC shall be effective from March 15, 2011 to June 30, 2011.

19.1 The Proposals. If two or more sealed proposals are equal in amount, meet Proposal Document

requirements, and are the lowest received by the time of the proposal opening, then the apparent low proposer will be determined by lot (placing the name of the tie proposer into a container and drawing one or more names). The drawing will be conducted by NorthWest Arkansas Community College Purchasing Department personnel, and another person so designated by the Owner in the presence of a witness and the tie proposer or representatives. The witness shall be an employee of the State of Arkansas. Documentation of the drawing shall be included on the proposal tabulation and be signed by those present. Nothing in the above and foregoing will diminish the Owner’s

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reserved right to reject any and all proposals and to waive any formalities.

20. EXECUTION OF CONTRACT.

20.1 The apparent low Proposer shall be prepared, if so required by the Owner, to present evidence of experience, qualifications, and financial ability to carry out the terms of the Contract. Attention is called to the fact that the proposer in signing the proposal, represents that he has the financial ability and experience to carry out the work throughout its several stages within reasonable time frames agreed to in each Job Order.

20.2 The successful Proposer will be required to execute an Agreement with the Owner on a form identical to the Agreement Form included with the Contract Documents and the Performance and Payment Bond and Certification of Insurance (Section 22.7) within ten (10) days after receipt of the Intent to Award each individual Job Order.

20.3 The successful Proposer will be required to furnish Owner with proof of insurance, as prescribed by the General Conditions and Supplementary General Conditions (Section 0006).

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JOB ORDER CONTRACT (JOC) EXECUTION GUIDE

SECTION 0003

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JOB ORDER CONTRACT EXECUTION GUIDE SECTION 0003

(For NWACC Use)

REQUIREMENTS: Information on JOC placed on NWACC website and handed out during pre-proposal meeting.

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JOB ORDER CONTRACT EXECUTION GUIDE SECTION 0003

1. PURPOSE. The purpose of this guide is to describe the procedure to be utilized in the

administration of the Job Order Contract (JOC), a contract designed to provide NWACC CFPD with a flexible and responsive contractual capability in support of their construction/remodel service needs.

2. DEFINITION. A. Job Order Contract. A Job Order Contract is a competitive sealed proposal, firm fixed price, indefinite-quantity contract to perform work for the NorthWest Arkansas Community College. The contract may consist of a collection of proposed institutional facilities type projects. Each project will encompass detailed task specifications encompassing improvements, alternatives, renovation, remodeling, and/or major repairs to NorthWest Arkansas Community College and its related services, structures and properties. Much of the work may be performed during normal operating hours, however, as is typical with educational facilities work, other hours may be necessary. It is also expected that during College break times total project loads may be significantly higher and contractor staffing chould reflect these needs. For each project task, a unit of measure and a corresponding unit price are to be the basis for Contractor compensation. The Contract shall primarily use the current calendar year issue of RS Means Facilities “Open Shop Building Construction Cost Date and Repair and Remodeling Cost Data” with update as applicable, as a basis for unit cost. These resource books will be referred to as the unit price books (UPB). The year 2010 volume will be referred to during the term of JOC. Contractors submitting proposals for the JOC are required to submit one coefficient or multiplier for normal or overtime hours. The unit price listed in Mean’s “Total Incl. O&P” costs (adjusted for the “weighted average” City Cost Index for Fayetteville, AR) is then multiplied by the appropriate coefficient to determine the actual cost of that line item. The adjusted UPB “Total Incl. O&P” cost rate will herein be referred to as the “UPB rate”. Costs derived from Division 1 of the UPB will not be allowed without written authorization. The Contractor must take these costs into account when proposing the coefficient (reference table of allowable overhead). Each Job Order embraced by the Contract is broken down into individual task of work, and a total price is developed based upon the UPB rate and the Contractor’s multiplier. After agreement, the CFPD will review and authorize a Job Order (JO) for performance of contract work.

A1. The JOC shall commence on day of award and end June 30, 2011, however the College retains the right to renew any JOC contract for one (1) additional year contract period. Contract can be renewed, with no increase in the Contractor’s coefficient, only if both the Contractor(s) and the College mutually agree to do so. Justification for non-renewal from either the Contractor or the College is not required.

All future JOC contracts shall commence on July 1 beginning of fiscal year and ending on June 30 of fiscal year. A Performance and Payment Bond will be required, per state law, by the Contractor for any

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individual project associated with Job Order Contracting in which the Job Order may exceed $20,000. Bonds, where required, are a reimbursable item with the JOC. In the course of executing the Contract, the Contractor agrees to abide by the terms as stated in the General and Supplementary Conditions for NorthWest Arkansas Community College, Architects/Engineer’s Guidelines, Quality Control, Safety Plans and other related documents in effect at the time of award.

B. Job Order (JO). A Job Order (JO) is the contractual instrument issued by CFPD. The JO will be, in part, the Contractor’s Unit Price Book (UPB) estimate of tasks and quantities of labor, materials, and equipment to do the work, plans and specifications, and project timelines. The JO is issued and approved upon agreement between the CFPD Representative and the Contractor on the scope of work, performance time, and the price for that work. The individual JO becomes in effect, a fixed price lump sum Contract when the Purchase Order for the JO is issued. Each JOC work contract shall not exceed the maximum unit price of $400,000 (four hundred thousand dollars). The completed and receiving of purchase order and Notice to Proceed authorizes the Contractor to begin work.

C. Coefficient. The contractor’s coefficient is the price multiplier that the Contractor proposes. After award, the parties utilize this multiplier to determine the price of work. The UPB rates listed in the JO are multiplied by the contractor’s coefficient. For example, if the labor unit for painting one hundred square feet or gypsum board is $15.00 (after Bentonville Cost Index Adjustment) and the coefficient is 0.85, the Contract price would be $12.75 ($15.00 x 0.85=$12.75). The proposal coefficient shall be a net decrease from or increase to the “total Incl. O&P” costs column in the Unit Price Book, and not the “Bare Total” column. The “Total Incl. O&P” shall also be adjusted for the City of Bentonville, Arkansas’ “weighted average”, and not the national average listed in the UPB. Coefficient shall be carried to two (2) decimals places only.

D. Overhead. The contractor typically bears overhead costs as part of the proposed coefficient of the JOC program. Allowable overhead items from the UPB are detailed in the table below. The line item categories are:

1. Always allowed in JO, the contractor is expected and directed to include this

item in each JO by the CFPD.

2. Allowed as directed; only included by permission of the CFPD due to some unusual condition peculiar to the project.

3. Not allowed-included in coefficient, the contractor is never allowed to include because it is part of the proposal coefficient.

4. Not in contract, totally excluded from this work and contract, but may be addressed under separate contact with owner.

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NOTE: Occasions may arise when Contractor is asked to provide materials, equipment, and/or subcontracting pricing for work by direct bidding that may or may not be identified to the UPB. Stated coefficient shall apply.

(A) (B) (C) (D) Always Allowed Not Allowed; Not Allowed as Included in In In JO Directed Coefficient Contract In JO

Overhead 1 Architect Fees X 2 Construction Management Fees X 3 Construction Completion Time X 4 Contingencies X 5 Contractor Equipment X 6 Engineering Fees X 7 Factors X 8 Field Office Expense X 9 Field Office Personnel X 10 Historical Cost Indexes X 11 Insurance X 12 Job Conditions X 13 Main Office Expense X 14 Mark-Up X 15 Overhead X 16 Overtime X 17 Performance and Payment Bond X 18 Permit X 19 Small Tools X 20 Taxes X 21 Scheduling X 22 Surveying X 23 Models X 24 Renderings X 25 Photographs X 26 Testing X 27 Temporary Utilities X 28 Protection X 29 Safety Nets X 30 Personal X 31 Protective Equipment X 32 Scaffold X 33 Scaffolding Specialties X 34 Pump Staging X 35 Surveyor Stakes X

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(A) (B) (C) (D) Always Allowed Not Allowed; Not Allowed as Included in In In JO Directed Coefficient Contract In JO

36 Weather Station X 37 Barricades X 38 Fencing X 39 Winter Protection X 40 Watchman X 41 Roads and Sidewalks X 42 Tarpaulins X 43 Signs X 44 Office X 45 Concrete Equipment Rental X 46 Earthwork Equipment Rental X 47 General Equipment Rental X 48 Lifting and Hoisting Equipment Rental X 49 Wellpoint Equipment Rental X 50 Cleaning Up X 51 Facilities Maintenance Equipment X 52 Site Work Facilities Maintenance X 53 Concrete Facilities Maintenance X 54 Masonry Facilities Maintenance X 55 Metals Facilities Maintenance X 56 Moisture-Thermal Control Facilities X Maintenance 57 Door & Window Facilities X Maintenance 58 Finished, Facilities Maintenance X 59 Specialties, Facilities Maintenance X 60 Architectural Equipment Facilities X Maintenance 61 Furnishings Facilities Maintenance X 62 Conveying System Facilities X Maintenance 63 Mechanical Facilities Maintenance X 64 Electrical Facilities Maintenance X

E. Rubbish Handling: The Contractor will be reimbursed for rubbish handling on a per job basis as it relates to loading a vehicle with demolished materials at project site in accordance with appropriate UPB line items. Handling of materials indentified as salvageable will be reimbursed in accordance with UPB.

F. Disposal of Rubbish: Contractor shall lawfully dispose of rubbish off College property. Use of College dumpster will not be allowed. All associated costs of removing rubbish less than ten (10) cubic yards per project from College property are to be included in the contractor’s

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coefficient. If the project involves the use of a dumpster for ten (10) cubic yards or more debris then reimbursement will be the verifiable actual dumpster few plus 10%.

G. Job Orders for 100% Demolition for environmental type projects will not be issued.

H. Non-Pre-priced Work. Non-pre-priced work is categorized and addressed as follows:

(1) Task that are not specifically included in the UPB but are within the basic intent and general scope of the contract shall use the nearest UPB description and cost. An asterisk shall precede any modified task description.

(2) Tasks, which are included in the UPB but differ materially more from those ordinarily encountered, shall be adjusted in material cost prior to issuance of the JO. Contractor must submit cost documentation prior to issuance of JO to exercise this optional adjustment. An asterisk shall precede any modified task description.

I. Normal Working Hours

(1) For the administrative and classroom areas and surrounding areas for all facilities and campuses are 8 a.m. to 5 p.m. Monday through Friday. Other days/hours may be arranged and scheduled as job warrants.

3. JOC TECHNICAL CONTRACT SPECIFICATIONS DEVELOPMENT. The Owner’s Representative will develop specifications necessary for the procurement and implementation of the JOC. JOC Contractors will adhere to JOC Program specifications, General and Supplementary Conditions for NorthWest Arkansas Community College, Architects and Engineer’s Guide to Standard Technical Specifications, Quality Control, and similar documents/standards. The intent of the specifications is to furnish concise institutional and/or industrial standards for maintenance, repair, and construction of College facilities. In the instance where the UPB offers, minimum/maximum costs associated with a particular task, or if the task is not listed in the UPB the Owner’s Representative will cost out the materials based on local availability and use UPB open shop labor rates most closely related to similar tasks, and apply them as directed in subparagraph A, below. A. Materials:

(1) If materials specified by the JO for a specific task exceeds the unit material bare cost in the

UPB, after City Cost Index adjustment and after coefficient is applied, the Contractor may request adjustments of the final set cost. In these instances, copies of at least two competitive materials vendor quotations must be submitted to the CFPD to substantiate material costs in excess of the UPB. The Contractor will be required to provide copies of invoices and proof of payment when requested by the College. These negotiations must precede the JO and are not allowed on a Change Order basis. In these instances, the contractor will be reimbursed at 10% above the invoice cost. An example would be special items required in construction/remodel.

(2) Contractor is responsible for receiving and storing their own materials, including unloading of delivery trucks, checking deliveries and transportation to the work area. College employees are not responsible for this. No new construction materials may be delivered or

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received by the College’s Receiving Warehouse, unless prior arrangement has been made with CFPD.

(3) If the JO and plans do not agree the JO prevails. If the plans and specifications do not agree the specifications will prevail.

(4) The College at their discretion reserves the right to purchase material or job required merchandise used for any project. Materials not used on the job shall be returned to College’s stock for credit to job.

B. Equipment: Equipment costs can be included in the JO only if a unit cost and time required for equipment is listed for the specific task in the UPB, and actually used on the job. The Contractor shall furnish as part of his overhead cost included in the coefficient, all necessary protective equipment, concrete mixing boxes, water barrels, wheelbarrows, hoes, shovels, tools, mortar boards, ladders, portable scaffolding, shop tools, drills, saws hand tools, shop equipment, and fabricating items customary to the trade, etc., and all other movable equipment necessary to completing the work performed under this Contract. The furnishing of tools shall include all maintenance, loss and breakage. The CFPD representative prior to its use must approve any equipment reimbursements.

C. Labor: The College will reimburse the Contractor for “labor costs” as follows: (1) Labor cost will be reimbursed to the Contractor at the UPB rate x Contractor coefficient. The College will not recognize any premium or incentives pay reimbursement. Work performed on an overtime basis or shift shall not be included as a “job cost”. State prevailing wage rates apply. (2) If a task is not literally identified in the UPB the Contractor will be reimbursed in accordance with non-pre-priced protocol (2.H), with trade and labor unit costs matched as close as possible to UPB rates, multiplied by the coefficient. Insurance, fringe benefits, travel time, employee’s residence to job site, or vacation allowances are to be included in the Contractor’s coefficient. (3) A worker with overall project supervisory authority is to be present on each job site at all times. Supervisory costs are to be part of the Contractor’s coefficient and will not be reimbursed as a separate labor cost. (4) Time and cost associated with an employee’s travel to and from job site are not reimbursable. (5) The Contractor may be required to perform the work under this Contract on the job site in the presence of College employees, other College Contractors and/or Subcontractor, whether union or non-union, and shall complete the work assigned in the time required by the JO. In off-site work such as off-site fabrication, the College shall be so notified at the time of the issuance of the JO by the Contractor. The College reserves the right to inspect such off-site work at any time. (6) The Contractor shall maintain a local office with telephone available for receiving and

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making calls throughout the working day and shall have available sufficient storage space for materials and equipment if his office and principal place of business is not located with 50 miles of the College. Other office equipment and personnel competencies required are fax machine and computer with an email account. The communications response time of the Contractor (or equal authority Contractor’s representative) to the College, Monday through Friday, 8:00 A.M. to 5:00 P.M. shall not exceed 4 hours.

D. Subcontracts: Contractors may use the services of Subcontractors. The Contractor shall be responsible for reimbursing Subcontractors. The CFPD Representative may require the submittal of payment affidavits for Subcontractors prior to final payment. The use of Subcontractors does not alter UPB unit costs or Contractor coefficient and subcontractors pricing shall not be used as a basis for reimbursement. (1) The Contractor shall, as soon as practicable and before the execution of each JO, notify the CFPD Representative in writing of the names/phone number of Subcontractors proposed for the principal parts of the work and for such others as the CFPD Representative may direct. The Contractor shall not employ any Subcontractor that the CFPD Representative may for any reason object to as incompetent, unfit, irresponsible, or unsafe. (2) The JOC Contractor agrees to be fully responsible to the College for the acts and omissions of the Subcontractor and of persons directly employed by the Subcontractor. (3) Nothing contained in the JOC or Contract Documents shall create any contractual relation between any Subcontractor and the College and nothing in the Contract documents is intended to make the Subcontractor a beneficiary of the Contract between the College and Contractor. The Contractor agrees to bind every Subcontractor, and will see that every Subcontractor agrees to the bounds, by the terms of the JOC and related Contract Documents inclusive of JOC Program Specifications, General and Supplementary Conditions, Architect’s and Engineer’s Guide to Standard Technical Specifications, Quality Control, and other similar documents/standards.

4. EXECUTION PROCEDURES. A. CFPD Representative/Contractor Coordination

(1) The CFPD Representative contacts the Contractor(s) of pending JO. The Contractor’s representative shall respond no later than two (2) working days or an agreed date by meeting with the CFPD Representative (and possibly the customer) to conduct a validation site visit and conference. During this meeting, the following are discussed and established: a. Project number and title. b. Site investigation/walk thru. c. Methods and alternatives for accomplishing work per RS Means estimates, plans, and specification. d. Scope of the work, definitions, tasks and quantities as required.

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e. Time requirements for completion and site availability. (2) Within five (5) working days from the meeting date the Contractor shall review the project and negotiate a written final price on proposed JOC order. The negotiated price shall remain in effect for 30 days.

B. CFPD Representative/Contractor JOC Activities (1) Once Notification of a Pending Job Order Contract is acknowledged, the CFPD Representative formally request the Contractor to examine the JO, acknowledging the scope of work, plans and specifications, and any special instructions or conditions that may exist. (2) The Contractor is responsible for verifying tasks, and refining quantities. The Contractor then formally responds to the JO within five (5) working days from date of initial site visit. After CFPD will approve or disapprove the JOC price or select another JOC Contractor. (3) Once the purchase order is issued, the Contractor will begin work as per date ranges specified in the JO. The CFPD Representative will perform the Contract administration associated with the JO until work completion, including final inspection and acceptance with the time frame designated on the JO. (4) The CFPD Representative may hold retainage for completion of any punch list items in an amount estimated to be 100% of the cost to complete the punch list. (5) At time of project completion (inclusive of the completion of punch list items), the Contractor will submit a request for Final Payment to be approved by the CFPD Representative.

5. MODIFICATION OF JOB ORDERS

A. It is the sole responsibility of the CFPD Representatives , Executive Director of Construction/Associate VP for Operations to authorize a Change Order to a JO. Change Orders shall be generated from UPB as the sole source for pricing. If differing site conditions are encountered during execution of the Job Order, or if there is a desired change to the quantity or quality of work by the owner, then a modified or supplemental JO by way of Change Order is required. If a Change Order involves negotiation with the Contractor, all negotiations must be completed within three (3) working days. B. For the purpose of issuing Change Orders to a Job Order, three (3) typical circumstances are applicable. (1) Differing Site Conditions. (2) Increased scope of work. (3) Decreased scope of work.

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C. The CFPD Representative will prepare a proposed Change Order to the JO addressing differing site conditions or increased/decreased scope of work.

6. REPORTING REQUIREMENTS AND PAYMENTS A. The CFPD Representative will be responsible for administering all JO’s under the Contract. B. Normally, the Contractor will only be paid for completed Job Orders. Application of final payment shall be submitted once all work and the punch list (if applicable) are completed. If the performance period of a Job Order exceeds thirty (30) days, partial payment is authorized, based on the percentage of completion minus a 10% retainage of total sum of JO. Liquidated Damages may be assessed if project extends beyond JO agreed completion date. This includes punch list items. Partial and final payments shall be submitted to the CFPD Representative using the standard AIA “Application for Payment” form. When the work is certified complete by the CFPD Representative and an invoice received, the CFPD will process the invoice for payment through established College procedures for prompt payment. C. The College reserves the right to deduct from the contract an equitable amount for any damaged or uncorrected work until such time as the CFPD Representative deems the work satisfactory. If unfinished work or damaged or uncorrected work remains after the agreed upon JO completion date, the College reserves the right to proceed in accordance with paragraph 2.3.1 of the General Conditions (Section 0006). D. The College may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment certificate to such extent as may be necessary to protect the College from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Subcontractor for material or labor. (4) A reasonable doubt that the Contract can be completed for the unpaid JO balance. (5) Damage to another Contractor. (6) The expectation that Liquidated Damages will be changed. (7) Deductions associated with loss of or damage to College property as a result of negligence or non-conformance to JOC contract document. When the above grounds are removed, payment shall be made for the amount withheld because of them. E. Liquidated Damages shall be a part of each JO and are set at the joint signing of the JO. The basis for Liquidated Damages shall be as stipulated in paragraph 16, Section 0200, Instructions To Proposers. Warning of intent to assess Liquidated Damages may be sent to the Contract and Bonding Company for insufficient progress or chronic under- manning of a project to the extent that it is believed that the project cannot be

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completed within the agreed time frame. If the scope of the project includes outside work that is affected by inclement weather the Contractor must document these days by submitting copies of local weather reports that include precise condition. F. The Contractor shall submit a weekly report of activities. If a specific reporting format is required, the specific JO will so state. G. The Contractor shall submit a copy of MSDS’s to the CFPD Representative for all materials used in the project as part of project closeout. H. Department of Labor Prevailing Wage Rate Documentation must be submitted at time of invoicing.

7. TERMINATION If termination of a JOC contract is desirable for whatever reason, it shall be affected in accordance with the General and Supplementary Conditions (Section 0006).

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PROPOSAL FORM

SECTION 0004

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PROPOSAL FORM SECTION 0004

Bid Time: ____________ Bid Date: ____________ Location:____________

PROPOSAL FROM: ______________________________________ ______________________________________ ______________________________________ PROPOSAL TO: NorthWest Arkansas Community College Board of Trustees acting for and on behalf

of NorthWest Arkansas Community College at Bentonville, Arkansas. PROJECT: Job Order Contracting Services for NorthWest Arkansas Community College,

Bentonville and other related facilities. CONTRACTING PERIOD: Commencing on date of award to June 30, 2011. Refer to JOC Executive

Guide 2.A.1.

(1) Having carefully examined the Contract Documents for this project, as well as the premises and all conditions affecting the proposed construction, the undersigned proposes to provide all labor, materials, services, taxes and equipment necessary for, or incidental to, the construction of an assigned project in compensation as determined by the method set forth hereinbefore in Section 0300.

(2) The undersigned, as proposer declares that the only person or parties interested in this proposal as principals are those named herein; that this proposal is made, without collusion with any other person, firm, corporation; that the proposer has carefully examined the form of contract, instructions to proposers for the proposed work; and agrees that the proposer will provide all the necessary machinery, tools apparatus, and other means of construction, and will do all the work and furnish all materials called for in the contract, specifications, and drawings, in the manner prescribed therein and according to the requirements of the Owner’s Representative, or Engineer therein set forth.

(3) It is further agreed that the quantities of work to be done and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Architect, Engineer or Owner’s Representative, to complete the work fully as planned and contemplated. Adjustment for changes in work will be in accordance with the JOC Execution Guide and other related documents.

(4) Proposal amounts shall be shown in both words and figures. In case of discrepancies the amount shown in words shall govern.

(5) The Proposer acknowledges Ark. Code Ann. § 22-9-212 and intends to identify job specific costs for Trenching Safety Systems for each individual Job Order in accordance with the Job Order

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Contracting Execution Guide.

(6) The undersigned, in compliance with the Contract Documents for the construction of the above named project, does hereby declare: a. That the undersigned understands that the Owner reserves the right to reject any and all proposals and to waive any formality. b. If awarded the Contract, the undersigned will enter into an Agreement, on a form identical to the form included in the Contract Documents and execute required performance and payment bonds within ten (10) days after receipt of the Intent to Award each Job Order, and after receiving a specific Notice To Proceed for a specific Job Order will commence work with five (5) days and/or an agreed date after conveyance of the Notice To Proceed, and will complete the Contract fully within the time for completion as indicated. Should the undersigned fail to fully complete the work within the above slated time, he shall pay the Owner as fixed, agreed and liquidated damages, and not as a penalty, the sum set forth in each Job Order for each calendar day of delay until the work is completed or accepted. c. That this proposal may not be withdrawn for a period of sixty (60) days after the proposal opening. d. The undersigned agrees to pay all prevailing hourly wage rates prescribed and mandated by Ark. Code Ann. § 22-9-301 et.seq., and to pay all prevailing hourly wage rates mandated by the Davis-Bacon Wage Rates and any other applicable federal regulations. e. The Contractor will be selected to provide Job Order Contracting “on call services” for a term commencing on March 15, 2011 and ending on June 30, 2011 with the option for the Owner to extend the contract for an additional year. f. Payment made for work performed will be based upon the method described in paragraph (9), hereinafter.

(7) The following documents are attached to and made a condition of this Proposal. a. Contractor' Statement of Qualifications and Work Plan. 1) Best Value Proposal Evaluation – Contractor Capabilities (Section 0004). 2) Best Value Proposal Evaluation – Work Plan (Section 0004).

(8) The undersigned acknowledges receipt of and inclusion as part of the Contract Documents that following addends: No. _____________________________________________________________________ Dated No. _____________________________________________________________________ Dated No. _____________________________________________________________________ Dated

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(9) I/We the undersigned, having read the JOC Execution Guide General Conditions and Supplementary Conditions for NorthWest Arkansas Community College, Invitation to Propose, Instruction to Proposers, and all other sections of this Program Specifications Manual, hereby propose to furnish all labor, materials, equipment and everything else necessary to complete projects in accordance with the conditions contained herein. Each Job Order Contract shall be based upon a single coefficient, unit price, indefinite-quantity, firm fixed price contract to perform work for NorthWest Arkansas Community College Construction Department. THE FOLLOWING MULTIPLEIR IS TO BE USED WHEN PRICING WORK USING THE UNIT PRICE BOOK (UPB) METHOD (CURRENT ISSUE OF RS MEANS FACILITIES CONTRUCTION COST DATA). Coefficient (in words) ___________________________ (in figures) _____________________ shall be a multiplier applied to the “Total Incl. O&P” cost column in the Unit Price Book and not the “Bare Total” column. The “Total Incl. O&P” shall be adjusted for the City of Fayetteville, Arkansas “weighted average” and not the national average value listed in the UPB. Coefficient shall be carried to two (2) decimal places only. There is no provision for escalation of labor rates from those included in the UPB pricing. Therefore, the Proposer should consider the difference in actual and allowable labor rates when determining his own coefficient to be applied to the UPB pricing. The performance and payment bonds, when required by this manual or the laws of Arkansas will be submitted with the executed contract if the proposal is accepted. The undersigned certifies that the bid coefficient contained in this proposal has been carefully checked and is submitted as correct and final. The undersigned agrees that he will not withdraw this proposal for a period of sixty (60) calendar days.

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Respectfully Submitted: _______________________________________________

Name of Proposer (Typed or Printed) ________________________________________________

________________________________________________ ________________________________________________ ________________________________________________ Address BY: ________________________________________________ (Signature and Title) _______________________________________________ Arkansas Contractor’s License Number ________________________________________________ Telephone Number Fax Number ________________________________________________ Federal ID Number or Social Security Number _______________________________________________

Date of

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A. BEST VALUE EVALUATION CRITERIA Statement of Qualifications and Contractor Capabilities

Solicitation for Proposal JOC Contractor_____________________ Date ____________

Possible Total SCORING Points Points Given Minimally addressed requirements/1-2 points. Meets requirements/ 3 points. Exceeds requirements/4 points. CRITERIA

A. CONTRACTOR CAPABILITIES: 1. Experience: Complete list with scopes of work for present 0-4 Pts. ______

construction projects with commercial corporations, government, and higher education clients. *Does the proposer demonstrate experience with clients of similar size and scope?

2. References: Complete list with scopes of work for completed 0-4 Pts. ______ construction project (latest three (3) year period). *Did the list provide sufficient detail to determine ability? Reference check sheets and comments?

3. Years of experience (Minimum 3-consecutive years): General 0-4 Pts. ______ information typically used (see verification sheets). *Experience relates to the amount of time in providing the service requirements, not necessarily the time the business has been in operation.

4. Project personnel qualifications: List of current subcontractors 0-4 Pts. ______ typically employed. *Were key personnel roles, responsibilities and resume identified and provided? Does the organizational chart support the level of service required (number and type of crews, level of supervision)? Were subcontractor’s roles, responsibility and qualifications explained in sufficient detail?

5. Professional memberships, certifications, and licenses. Was 0-4 Pts. ______ information provided complete and current?

A. Total Contractor Qualifications/Capability Points (add total to Work Plan points) ______

*Reference information provided on Contractor’s Qualification Statement Form NOTE: Attach as coversheet to “Contractor Capabilities” pages.

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CONTRACTOR QUALIFICATION AND CAPABILITIES

Contractor______________________________________________________________

1. EXPERIENCE

*Use additional pages as necessary

36


Contractor ___________________________________________________________

2. REFERENCES

*Use additional pages as necessary.

37


Contractor ___________________________________________________________

3. YEARS OF EXPERIENCE


38


Contractor ___________________________________________________________

4. PROJECT PERSONNEL QUALIFICATIONS


39


Contractor ___________________________________________________________

5. PROFESSIONAL MEMBERSHIPS, CERTIFICATIONS, AND LICENSES


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B. BEST VALUE PROPOSAL EVALUATION CRITERIA WORK PLAN

Solicitation for Proposal JOC Contractor ____________________ Date ________

SCORING Possible Points Points Given Minimally addressed requirements/1-2 points. Meets requirements/ 3 points. Exceeds requirements/4 points. CRITERIA

WORK PLAN:

6. Work Plan: Descriptive narrative sufficiently explaining how 0-4 Pts. ______ work will be performed, identities of staff, time lines, equipment and supplies procurement and deployment, subcontract supervision, strategies, reporting, overall quality of the work plan. Was this plan well organized and presented in a clear, concise and logical manner?

7. Services: Outline of sufficient detail as to contactor services 0-4 Pts. ______ provided in this proposal. Were services explained as to what and how services are to be provided and to what extent? Are additional services of value to the College being offered in this proposal?

8. Procedures: Outline and discussion of quality control personnel, 0-4 Pts. ______ plan, and standards; deficiency and punch list procedures, emergency procedures, and contingency plans for working around our ongoing educational operations (night, weekend, and intermittent scheduling). Did the proposer reflect standards to be utilized for implementation policies or procedures and clearly outline and discuss extent?

9. Reporting and Documentation: Examples of project management 0-4 Pts. ______ reports, close-out documents, as built procedures, shop drawings, submittal procedures, and safety reporting. Did the proposer clearly and concisely explain their reporting and documentation capabilities and provide examples?

10. Acceptability: Was the work plan tailored to fit the College’s 0-4 Pts. ______ operations? Did it provide sufficient detail and insight into our educational needs and mission? Were responsibilities clearly and explicitly defined and aligned with the JOC program requirements?

(B) TOTAL WORK PLAN POINTS --------------------------------------- Total Contractor Qualification and Capabilities (A) 0-20 ________________Pts

Total Work Plan Points (B) 0-20 ________________Pts Cost Coefficient (C) ________________

GRAND TOTAL WORKSHEET SCORING ________________Pts NOTE: Attach as coversheet to “Work Plan” pages. NOTE: Proposal(s) with lowest points selected (A+B-100=_____________ +coefficient =Pts)

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WORK PLAN

Contractor ___________________________________________________________

6. Work Plan


42

WORK PLAN

Contractor ___________________________________________________________

7. SERVICES


43

WORK PLAN

Contractor ___________________________________________________________

8. PROCEDURES


44

WORK PLAN

Contractor ___________________________________________________________

9. REPORTING AND DOCUMENTATION


45

WORK PLAN

Contractor ___________________________________________________________

10. ACCEPTABILITY


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AGREEMENT FORM AND

CONTRACT/GRANT/CERTIFICATION FORMS

Section 0005

47

AGREEMENT FORM Section 0005

REQUIREMENTS: Agreement Form: This form is to be signed by Contractor on accepting a Job Order (work to be performed).

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AGREEMENT FORM SECTION 0500

THIS AGREEMENT entered into this ____________ day of ____________ 20____ by and between hereafter to as the Contractor, and NWACC Chief Financial Officer on behalf of the Board of Trustees henceforth referred as Owner. WITHNESSETH:

1. That for and in consideration of the payment by the Owner is an amount set forth in each Job Order, the Contractor hereby agrees to furnish all tools, labor, equipment, and materials, and to build and construct that certain project(s) in Benton/Washington Counties, follows. Project Name: Fiscal year 2011 NorthWest Arkansas Community College, Job Order Contracting for Construction Services, more specifically described in the Contract Documents attached hereto and incorporated herein by reference. Contract Documents include the following: the Agreement Form (this instrument); the Invitation to Propose; Instruction to Proposers; Proposal Form; all Addenda; General and Supplementary Conditions. All construction shall be in exact accord with the Contract Documents filed with NorthWest Arkansas Community College Purchasing Department located in Bentonville, Arkansas on (proposed date). The Owner shall have direct contract supervision. Said construction shall be to the satisfaction of the Owner and the Design Professional, and in accordance with the laws of the State of Arkansas, and the work shall be subject to inspection and approval at all times by the Owner, the Design Professional, appropriate state/federal and local agencies.

Coefficient Amount ________________________

2. Owner may at any time during the progress of the work alter, change, subtract from, or add to said Contract Documents without violating this Agreement or the terms thereof. Said changes, alterations, subtractions, or additions shall be set forth in writing in a document referred to as a “Change Order.” Said effective, the Change Order shall be attached hereto and incorporated herein by reference and shall be made a condition or term of the Contract Documents.

3. The Contractor agrees, for the consideration set forth in the Proposal Form, to begin work within seven (7) calendar days and/or a date mutually agreed to by both owner and contractor after Notice to Proceed is issued and to complete the work within the number of consecutive calendar days of the start date established by each Notice to Proceed. If the Contractor fails to complete the work within the time limit herein specified, he shall pay to the Owner, as liquidated damages and not in the nature of a penalty, the sum specified in the Proposal Form of for each calendar day delayed, it being understood and agreed between the parties hereto that the said sum fixed as liquidated damages is a reasonable sum, considering the damages that Owner will sustain in the event of any such delay, and said amount is herein agreed upon and fixed as liquidated damages because of difficulty of ascertaining the exact amount of damages that may be sustained by such delay. The said sum shall be deducted from the final amount of estimate due to the Contractor.

4. Should Contractor be delayed in the execution or completion of the work by the act, neglect or default of the Owner, or by any damages by fire, weather conditions or other casualty or event for which the contractor is not responsible, or by general strikes or lockouts caused by acts of employees, then any extended period shall be determined and fixed by the Owner. Said extended

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period shall be the time for a period equivalent to the time lost by reason of any or all of the causes aforesaid, but no such allowance shall be made unless a claim therefore is presented in writing to the Owner within seven (7) calendar days of the occurrence of the event causing the delay.

5. It is mutually agreed between the parties that in the performance of this contract, Contractor is acting independently and in no sense as Agent of the State or the Owner. Contractor shall not let, assign, or transfer this contract or any interest therein, without the written consent of the Owner.

6. It is agreed and understood between the parties hereto that the Contractor shall accept, and the Owner will pay for, the work, at the prices stipulated in the Contract Documents, such payment to be in the form of legal tender, and the payment shall be made at the time and in the manner set forth in the Contract Documents.

7. Any laborer or mechanic employed by the Contractor or any Subcontractors for this project, directly on site for the work covered by the Contract Documents, shall be paid a rate of wages required by the Contract Documents. If the Owner discovers that wages less than the rate of wages specified by the Contract Documents have been or are being paid, then the Owner, after giving written notice to the Contractor, will terminate the Contractor’s right to proceed with the project work or such part of the work as to which there has been a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Owner to any excess cost occasioned thereby.

8. Contractor shall promptly repair, at his own expense and to the satisfaction of the Owner damage done by him or his employees or agents at the work site, or to the public property or building, or both, and will save the Owner harmless from all claims of any person for injury to person or to property occasioned by his act, or the acts of his employees or agents, while in the execution of the work specified.

9. The Owner may terminate this agreement to the extent Owner’s funds are no longer available for expenditures under this agreement.

10. Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the Agency. a) The contractor shall prior to entering any agreement with any subcontractor, for which the total consideration is greater than $20,000, require the subcontractor to complete a Contract and Grant Disclosure and Certification Form (Section 0022.6). The contractor shall ensure that any agreement, current or future between the contractor and a subcontractor for which the total consideration is greater than $20,000 shall contain the following. “Failure to make any disclosure required by Governor Executive Order 98-04, or any violation of any rule, regulation or adopted pursuant to that Order shall be a material breach of the term of this subcontract. The party who fails to make the required disclosure or how violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor”.

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b) The Contractor shall, within ten (10) days of entering into any agreement with a subcontractor, transmit to the Bentonville Campus Purchasing Department, a copy of the Contract and Grant Disclosure and Certification Form completed and signed by the subcontractor and a statement containing the dollar amount of the subcontractor. c) The terms and conditions regarding the failure to disclose and conditions which constitutes material breach of contract and right of termination and remedies under the Executive Order 98-04 are hereby incorporated within.

11. Nothing in this Contract shall be constructed to waive the sovereign immunity of the STATE OF ARKANSAS or any entities thereof, including Owner.

Executed by the parties who individually represent that each have the authority to enter into this Contract. CONTRACTOR BY: ______________________________________________________ TITLE: ___________________________________________________ ADDRESS: ________________________________________________ DATE:____________________________________________________ NAME: ___________________________________________________ WITNESS: Affix Corporate Seal (if any) Address:

The Board of Trustees of NorthWest Arkansas Community College BY: ___________________________________________________ Chief Financial Officer

DATE: _______________________________________________

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GENERAL CONDITIONS

SECTION 0006

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GENERAL CONDITIONS SECTION 0006

ARTICLE 1—GENERAL PROVISIONS 1.1 DEFINITIONS 1.1.1 Contract Documents: Contract Documents consist of Agreement; Invitation to Bid; Instruction to Bidders; the Bid and the Performance and Payment Bonds; General and Supplementary Conditions; Specifications; Drawings’ Addenda issued prior to execute of the Contract; all Owner approved Change Orders; other documents listed or referred to in the Agreement; and modifications issued after execution of the Contract and signed by Contractor and Owner. 1.1.2 Contract: The Contract Documents Form the Contract for construction. The Contract Documents will not be constructed to create a contractual relationship between the Design Professional and Contractor, between the Owner and a subcontractor, between the Owner and Design Professional, or between entities other then the Owner and Contractor. 1.1.3 Work: Construction and services required by the Contract Documents whether completed or partially completed, include tools, labor, equipment, supplies, transportation, handling, and incidentals provided by the Contractor. 1.1.4 Project: The total capital improvement project described in the Contract Documents. 1.1.5 Drawings: Graphic and textual portions of the Contract Documents showing the design, location, and dimensions and size of the Work, generally including plans, elevations, sections, details, schedules, and diagram. 1.1.6 Specifications: Written requirements for materials, equipment, systems, standards, and workmanship for the Work, and performance of related services. 1.1.7 Project Manual: Volume, which may include the bidding requirements, forms, contracting requirements, and the Specifications. 1.1.8 Owner: The person or entity identified as such in the Contract Agreement, referred to throughout the Contract Documents as singular in number. The term Owner means the Owner and the Owner -authorized representative (Executive Director of Construction Management, Associate VP for Operations or their representative). 1.1.9 Contractor: The person or entity identified as such in the Contract Agreement, referred to throughout the Contract Documents as singular in number. The term Contractor means the Contractor or the Contractor-authorized representative. 1.1.10 Design Professional (Architect/Engineer/Consultant): The person or entity identified as such in the Agreement, lawfully licensed to practice architecture or engineering or another field of expertise and

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under contract to Owner to provide design service, advice, and consultation, referred to throughout the Contract Documents as if singular in number. The term Design Professional means the Architect/Engineer/Consultant or the authorized representative. 1.1.11 Subcontractor: Any person, firm, or corporation with a direct contract with the Contractor who acts for or in behalf of the Contractor in executing a portion of the Work. The term subcontractor is referred to as singular in number and means the subcontractor or the subcontractor-authorized representative. 1.1.12 Inspector: A duly authorized representative of the Owner, and Design Professionals, or state/local agencies designated for detailed inspection of materials, construction, workmanship, and methods of construction. 1.1.13 Site: The particular location of that part of the project being considered. 1.1.14 State: The Owner. 1.2 INTENT 1.2.1 The intent of the Contract Documents is to set forth the standards of construction, the quality of materials and equipment, the guarantees that are to be met, and to include items necessary for proper execution and completion of the Work. The Contract Documents are complementary and what is required by one will be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable as necessary to produce indicated results. 1.2.2 Organization of the Specifications into divisions, sections, and articles, and arrangements of Drawings will not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or

construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.3 CAPITALIZATION 1.3.1 Terms capitalized in the Contract Documents include those which are specifically defined, the titles

to numbered sections and articles, identified references to paragraphs, and the titles of other published documents.

1.4 INTERPRETATION 1.4.1 Whenever in these Contract Documents the words “as ordered”, “as directed”, “as required”, “as

permitted”, “as allowed”, or words or phrases of like import are used, it shall be understood that the order, direction, requirement, permission, or allowance of the Owner and/or Design Professional is intended.

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1.4.2 Whenever in these Contract Documents the word “product” is used, it shall be understood that the materials, systems, and equipment will be included.

1.4.3 Whenever in these Contract Documents the word “provide” is used, it shall be understood that is

means to “furnish and install” 1.4.4 The Contract Documents frequently omit modifying words such as “all” and “any” and articles such

as “the” and “an”, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

ARTICLE 2—OWNER 2.1 LAND 2.1.1 The Owner will provide the lands shown on the Drawings upon which the Work shall be

performed. The Owner will provide a right-of-way for access to the project site. 2.1.2 The Owner will provide base lines for the location of the principle component parts of the Work

when necessary with a suitable number of bench marks adjacent to the Work. 2.2 RIGHT OF ENTRY BY OWNER 2.2.1 The Owner and his authorized representative will have the right to enter the property or location on

which the Work shall be constructed. The Owner further reserves the right to construct or have his authorized agents construct such work as the Owner will desire, so long as these operations do not interfere with or delay the work being constructed under this Contract.

2.3 OWNER’S RIGHT TO CARRY OUT THE WORK 2.3.1 If the Contractor defaults or neglects to perform the Work in accordance with the Contract

Documents, including the requirements with respect to the schedule of completion, and fails after ten (10) days written notice from the Owner to correct the deficiencies, the Owner may deduct the cost thereof from the payment then or thereafter due the Contractor.

ARTICLE 3—CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.2 The Contractor shall furnish labor, materials, equipment, and transportation necessary for the

proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on Drawings and described in Specifications and all incidental work considered necessary to complete the project in a substantial and acceptable manner, and to fully complete the work or improvement, ready for use, occupancy and operation by the Owner. Drawings and Specifications shall be interpreted by the Owner and/or Design Professional.

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3.1.3 The Contractor shall cooperate with the Owner, Design Professional, inspectors, and with other contractors on the Project. Contractor shall allow inspectors acting in an official capacity, to have access to the project site.

3.1.4 The Contractor shall determine that the final and completed work on the project is in accordance

with the Contract Documents. The failure of the Owner and/or Design Professional to find or correct errors or omission in the use of materials or work methods during the progress of the work shall not relieve the Contractor from his responsibility to correct all the defects in the project.

3.1.5 The Contractor shall assist in making final inspections and shall furnish such labor and equipment as

may be required for the final tests of equipment, piping, and structures. 3.2 REVIEW OF FIELD CONDITIONS 3.2.1 Before ordering material or doing Work, the Contractor shall verify all measurements involved and

shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements indicated on Drawings; difference which may be found, shall be submitted to Owner and/or Design Professional for consideration before proceeding with the Work.

3.2.2 Drawings may show the location or existence of certain exposed and buried utilities as well as

existing surface and subsurface structures. The Owner assumes no responsibility for failure to show any or all such utilities and structures on the Drawings or to show such in the exact location. It is mutually agreed such failure will not be considered sufficient basis for extra work or for increasing the pay quantities in any manner unless the obstruction encountered necessitates substantial changes in the lines or grades or required the building of a special structure.

3.3 REVIEW OF CONTRACT DOCUMENTS 3.3.1 The Contractor shall study and compare Drawings, Specifications, and other instructions and shall

report to the Owner and/or Design Professional at once any error, inconsistency, or omission discovered.

3.3.2 In the event of conflict among the Contract Documents, interpretations will be based on the

following order of precedence, stated highest to lowest:

a. The Agreement.

b. Addenda to Drawings and Specifications with those of later date having precedence.

c. Drawings and Specifications.

3.3.3 Since the Contract Documents are complementary, the Contractor shall take no advantage of any apparent error or omission in the Drawings and Specifications. The Owner or Design Professional shall furnish interpretations as deemed necessary for the fulfillment of the intent of the Drawings and Specification.

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3.3.4 Discrepancies found between the Drawings and Specifications and actual site conditions or any errors or omissions in the Drawings or Specifications shall be immediately reported to the Owner and/or Design Professional or in the case where a Design Professional is not on the Project, the Owner shall be notified, who shall address such error or omission in writing. Work done by the Contractor after discovery of such discrepancies, errors, or omissions shall be at the Contractor’s risk and expense.

3.4 REQUEST FOR SUPPLEMENTARY INFORMATION

3.4.1 The Contractor shall make timely requests of the Owner or Design Professional for additional information required for the planning and production of the Work. Such requests shall be submitted as required, but shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Contractor understands and agrees that it is Contractor’s duty to determine the need for, and to request said additional information in writing from the Owner and/or Design Professional by such date as allows Owner and/or Design Professional to provide the information to the Contractor by a date that will not adversely affect Contractor’s ability to complete the Work by the date specified in the Contract.

3.4.2 Additional instructions may be issued by the Owner and/or Design Professional during the progress

of the Work to clarify the Drawings and Specifications or as may be necessary to explain or illustrate changes in the Work.

3.5 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 3.5.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by

the Contractor or a Subcontractor, sub-contractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

3.5.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,

diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

3.5.3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish

standards by which the Work will be judged. 3.5.4 The Contractor shall provide shop drawings and other submittals, settings, schedules, and other

drawings as many are necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications, or Owner and/or Design Professional instructions.

3.6 LABOR AND MATERIALS 3.6.1 Except as otherwise specifically stated in the Contract, the Contractor shall provide, but not be

limited to, all materials, labor, tools, equipment, water, light, heating and cooling, power, transportation, superintendence, temporary construction of every nature, taxes legally collectible because of the work, and all other services and facilities of every nature whatsoever necessary to complete the Work in accordance with the Contract Documents in an orderly and efficient manner. The sequence of construction operations shall follow the schedule of construction as approved by the Owner and/or Design Professional. The Work shall not be discontinued by the Contractor

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without approval of the Owner. Should prosecution of the Work by discontinued for any reason, the Contractor shall notify the Owner at least twenty-four (24) hours in advance of resuming the Work.

3.6.2 Materials and equipment furnished under this Contract will be subject to inspection by the Owner’s

authorized representative or by independent laboratories. Defective material, equipment, or workmanship may be rejected at any time before the acceptance of the Work even though the defective material, equipment, or workmanship may have been previously overlooked and estimated for payment. The Contractor shall replace defective equipment and material in accordance with the Contract Documents at no additional cost to the Owner.

3.6.3 The Contractor shall provide materials and supplies not subject to conditional sales agreements, or

other agreement reserving unto the seller any right, title, or interest therein. All materials and supplies shall become the property of the Owner upon final acceptance of this Contract by the Owner.

3.6.4 If shop tests are to be conducted, the Contractor shall notify the Owner of such tests so a

representative may witness test, if desired. 3.6.5 The Contractor may make substitutions only with the consent of the Owner, after evaluation

by the Owner and/or Design Professional, and in accordance with a Change Order. 3.7 UNAUTHORIZED WORK 3.7.1 Work done without lines and grades having been given or work done beyond the lines or not in

conformity with the grades shown on the Drawings or as provided by the Owner, except as provided herein, and work completed without proper inspection and supervision or any extra or unclassified work completed without written authority and prior agreement shall be at the Contractor’s risk. Such unauthorized work, at the option of the Owner and/or Design Professional, may not be measured and paid for and may be ordered removed at the Contractor’s expense.

3.8 SUPERINTENDENCE 3.8.1 The Contractor shall supervise and direct the Work. The Contractor shall be solely responsible for

construction means, methods, techniques, planning sequence and procedures and for coordinating portions of the Work under the Contract in addition to on site safety.

3.8.2 The Contractor shall employ a qualified superintendent and/or job foreman during the duration of

the Project who is acceptable to the Owner. This individual shall be maintained on the Project site and shall be present on the site at all times work is in progress. The individual shall be capable of reading and understanding the Drawings and Specifications and shall have full authority to act in behalf of the Contractor. All directions and instructions given to the Supervisor shall be considered as given to the Contractor and shall be as binding as if given to the Contractor.

3.8.3 Workmanship shall be performed by workmen experienced, licensed in their trade as required,

skilled and experienced for the class of work to which assigned. Any person, including supervisory personnel, who does not show and exhibit skill and proficiency in said work shall be removed by the Contractor and replaced by a competent and experienced workman.

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3.8.4 The Contractor shall, at all times, be responsible for the conduct and discipline of his employees and

all Subcontractors and their employees. Disorderly, incompetent or intemperate persons, or persons who commit any crimes or trespass on public or private property in the vicinity of the Work must not be allowed to continue working upon the project which the Contractor or a Subcontractor who unreasonably refuse or neglects to comply with the instructions of the Owner, Design Professional, or inspector, shall, at the written request of the Owner be removed from the work site and shall not be allowed to work further on any portion of the work without the approval of the Owner.

3.8.5 The Contractor shall coordinate Work by the various trades to provide uniform and symmetrical

layout and spacing of the exposed components which will affect the finished design and appearance. Where spacing and related locations are not specifically shown on Drawings or where in doubt, the Contractor shall consult the Design Professional prior to installation of that part of the Work.

3.9 PERMITS, FEES AND NOTICES 3.9.1 The Contractor shall purchase and secure all applicable permits and licenses and give all notices

necessary and incidental to the prosecution of the Work. However, in accordance with Ark. Code Ann. §22-9-213, public works construction projects conducted by the Owner, a state agency, are exempt from permit fees or inspection requirements of county or municipal ordinances.

3.9.2 When new construction under the Contract crosses highways, railroads, streets or utilities under the

jurisdiction of the state, county, city, or other public agency, public utility, or private entity, the Contractor and/or owner shall secure written permission from the property authority before executing such new construction. A copy of this written permission shall be filed with the Owner before any work is started. The Contractor shall furnish a release from the proper authority before final acceptance of the Work. Any bonds required for this Work shall be secured and paid for by the Contractor.

3.10 SAMPLES AND TESTS 3.10.1 The Contractor shall provide samples, materials, and equipment necessary or required for testing as

outlined in the various sections of the Specifications or as directed by the Owner. The Contractor shall pay all costs for testing. Should materials, methods, or systems fail to meet specific standards, the Contractor shall pay all costs for additional testing as required by the Owner.

3.10.2 All tests shall be made by a laboratory approved by the Owner. 3.11 LOCATION, GRADIENT, AND AGLIGNMENT 3.11.1 Based upon the site information provided by the Owner, the Contractor shall develop and make

detailed surveys necessary for construction including slope stakes, batter boards, and other working points, lines and elevators.

3.11.2 The Contractor shall report any errors, inconsistencies, or omissions to the Design Professional as a

request for information.

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3.11.3 The Contractor shall preserve benchmarks, reference points and stakes, and in the case of destruction thereof by the Contractor, shall be responsible for damage or mistakes resulting from unnecessary loss or disturbance.

3.12 LAND 3.12.1 Additional land and access thereto not shown on Drawings that may be required for temporary

construction facilities or for storage of materials shall be temporarily provided by the College. Use of this additional land(s) by contractor will in no way hold NWACC liable. The Contractor shall confine his equipment and storage of materials and the operation of his workmen to those areas shown on the Drawings and described in the Specifications, and such additional areas which he may provide or secure as approved by the Owner.

3.12.2 The Contractor shall not enter upon private property for any purpose without first obtaining

permission. 3.12.3 The Contractor shall be responsible for the preservation of and prevent damage or injury to all trees,

landscaping, monuments, and other public property along and adjacent to the street and right-of-way. The Contractor shall prevent damage to pipes, conduits and other underground structures, and shall protect from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location, and shall not remove monuments or property marks until directed. This responsibility covers both College owned and leased facilities and projects.

3.13 LIMITS OF WORK 3.13.1 The Contractor shall conduct Work and operations so as to cause a minimum of inconvenience to

the public. At any time when, in the opinion of the Owner or Design Professional, the Contractor is obstructing a larger portion of a road, street, or other public right-of –way than is necessary for the proper execution of the Work, the Owner and/or Design Professional may require the Contractor to finish the sections on which work is in progress before work is commenced on any new sections.

3.14 WARRANTY 3.14.1 The Contractor shall warrant that all Work, materials, and equipment furnished will be free from

defects in design, materials, and workmanship and will give successful service under conditions required. The warranty period for Work, materials, and equipment furnished by the Contractor shall be one year from the date of the written acceptance of the Work as stated in the Substantial Completion Form approved by the Contractor, Owner unless a longer period is agreed upon.

3.15 PATENTS AND ROYALTIES 3.15.1 If the Contractor is required or desires to use any design, device, material or process covered by

letters, patent, or copyright, he shall provide for such use by suitable legal agreement with the patents or Owner. It is mutually understood and agreed that without exception the Contract Sum shall include all royalties or costs arising from patents, trademarks, and copyrights in any way involved in the Work. The Contractor and the surety shall defend, indemnify, and save harmless the Owner and all its officers, agents and employees from all suits, actions, or claims of any character,

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name and description brought for or on account of infringement or alleged infringement by reason of the use of any such patented design, device, material or process of any trademark or copyright used in connection with the Work agreed to be performed under this Contract, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay be reason of any action or actions, suit or suits which may be commenced against the Owner for any such infringement or alleged infringement at any time during the prosecution or after the completion of the Work contracted for herein, it is mutually agreed that the Owner may give written notice of any such suit to the Contractor, and thereafter, the Contractor shall attend to the defense of the same and save and keep harmless the Owner form expense, counsel fees, cost liabilities, disbursements, recoveries, judgments, and executions in any manner growing out of, pertaining to, or connected therewith.

3.16 CLEANING UP 3.16.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste

materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials.

3.16.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so

and the cost thereof shall be charged to the Contractor. ARTICLE 4—ADMINISTRATION OF CONTRACT On certain JOC projects NWACC CFPD may elect to secure the services of a Design Professional to facilitate the project. The Design Professional shall work under the direction and report directly to the NWACC CFPD representative. CFPD with written approval to the Design Professional may be given the following responsibilities, however all final designs involving JOC projects shall be in writing, reviewed and approved by NWACC CFPD representative by signature sign-off. 4.1 DESIGN PROFESSIONAL AUTHORITY 4.1.1 The Design Professional may interpret the requirements of the Contract Documents and decide

matters concerning performance thereunder on request of the Owner or Contractor. 4.1.2 The Design Professional may provide administration of the Contract as described in the Contract

Documents and will be the Owner’s representative. The Design Professional may if required decide any and all questions as to the acceptability of materials or equipment furnished, work performed, interpretation of the Drawings and Specifications, rate of progress of the Work, acceptability of the quality of workmanship provided, and other questions as to the fulfillment of the Contract by the Contractor.

4.1.3 The Design Professional may prepare change orders on the form specified by the Owner. The

Design Professional may authorize minor changes in the Work not involving adjustment in Contract Sum or extension of Contract Time and not inconsistent with the intent of the Contract Documents. All monetary changes involving the contract(s) must have written approval by Associate Vice President for Operations and NWACC CFPD prior to Change Order(s) work.

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4.1.4 The Design Professional and his authorized representatives and the Owner will have the right to enter the property or location on which the Work shall be constructed.

4.2 CLAIMS 4.2.1 Definition: A claim is a demand or assertion by one or the parties seeking adjustment, or

interpretation of Contract terms, payment of money, extension of time, or other relief with respect to the terms of the Contract. The term includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims will be initiated by written notice. The responsibility to substantiate claims shall rest with the party making the claim.

4.2.2 Claims of the Contractor or the Owner: Claims regarding the Work of the Contract shall be

referred initially to the NWACC CFPD and Associate VP for Operations. They will review claims, and 1) reject in whole or in part; 2) approve the claim; 3) suggest a compromise; 4) advise that they are unable to resolve the claim.

4.2.3 Claims for Concealed or Unknown Conditions: If new unforeseen items of work are discovered,

which cannot be covered by any item or combination of items for which there is a Contract Sum, then the Contractor shall notify the NWACC CFPD as quickly as reasonably possible and shall not continue working on the discovered new or unforeseen items without express written permission from the CFPD. The Contractor shall complete such work and furnish such materials as may be required for the proper completion or construction of the work contemplated upon written Change Order from the CFPD and/or Design Professional and approved by the Owner. Work shall be performed in accordance with the Contract Documents.

4.2.4 Claims for Extensions of Time: The Contractor shall provide written notice to CFPD and/or

Design Professional within ten (10) days stating the cause of the delay and request an extension of Contract time. The CFPD will act on the request in writing. The extension of time shall be for a period equivalent to the time lost by reasons indicated. No extension of time shall be effective until included in a Change Order approved by the Owner.

4.2.5 Claims for Changes in the Work: The contactor shall provide written notice to CFPD within ten

(10) days after the receipt of instructions from the CFPD to proceed with changes in the Work and shall not be commenced before the claim for payment has been approved, except in emergencies endangering life or property. The Contractor’s itemized estimate sheets showing labor and materials shall be submitted to the CFPD. The Owner’s order (Change Order) for changes in the Work shall specify any extension of the Contract Time and one of the following methods of payment: a. Unit price or combinations of unit prices, which formed the basis of the original Contract. b. A lump sum fee based on the Contractor’s estimate, approved by the CFPD and accepted by the Owner Representative. c. The actual cost of the Work plus an allowance of 12 percent and 5 percent for the General Contractor and Subcontractor, respectively.

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ARTICLES 5 – SUBCONTRACTORS

5.1 ASSIGNMENT OF CONTRACT 5.1.1 Neither the Owner nor the Contractor shall have the right to sublet, sell, transfer, assign, or

otherwise dispose of the “Contract” or any portion thereof written consent of the other party. No assignment, transfer, or subletting, even with the proper consent, shall relieve the Contractor of his liabilities under this Contract. Should any Assignee or Subcontractor fail to perform the work undertaken by him in a satisfactory manner, the Owner, has the right to annul and terminate the Assignee’s or Subcontractor’s contract on the project.

5.2 SUBCONTRACTS 5.2.1 The subcontracting of the whole or any part of the Work to be done under this Contract will not

relieve the Contractor of his responsibility and obligations. All transactions of the Owner and/or Design Professional shall be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competency.

5.2.2 The Contractor shall discharge or otherwise remove from the project any Subcontractor that the

Owner has reasonably determined as incompetent or unfit. 5.2.3 The Contractor may not change those Subcontractors listed on the proposal without the written

approval of the Owner and/or Design Professional. The Contractor shall not be relieved of any liabilities under this Contract, but shall be fully responsible for any Subcontractor or work by said Subcontractor where Subcontractor is employed by the Contractor to perform work under this Contract. Nothing contained in the Contact Documents shall create contractual relations between any Subcontractor and the State.

5.2.4 No officer, agent, or employee of the Owner, including the Design Professional, shall have any

power or authority to bind the Owner or incur any obligations in his behalf to any Subcontractor, material supplier or other person in any manner whatsoever.

ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OTHER CONTRACTS 6.1.1 The Owner reserves the right to award other contracts in connection with the Project. The

Contractor shall cooperate with the other contractors with regard to the storage of materials and equipment, access to the site, and execution of their work. It shall be the Contractor’s responsibility to inspect the work of other contractors which will affect the work of this Contract and to report to the Owner irregularities which will not permit him to complete his work in a satisfactory manner or in the time allotted. Failure to so report shall constitute an acceptance of the work of other contractors.

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6.2 DEPENDENCE ON OTHERS 6.2.1 If any part of the Contractor’s work depends for proper execution or results upon the work of the

Owner or any separate contractor, the Contractor shall, prior to proceeding with the work, promptly report to the Owner any apparent discrepancies or defects in such other work that render it suitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the work.

ARTICLE 7 – CHANGES IN THE WORK 7.1 GENERAL 7.1.1 The owner may, as the need arises, without invalidating the Contract, order changes in the work in

the form of additions, deletions, or modifications. Compensation to the Contractor for additional work or to the Owner for deductions in the work and adjustments for the time of completion shall be adjusted at the time of ordering such change.

7.1.2 Additional work shall be done as ordered in writing by the Owner. The order shall state the

location, character, and amount of extra work. All such work shall be executed under the conditions of the Contract, subject to the same inspections and tests.

7.1.3 The Owner reserve and shall have the right to make change(s) in the Contract Documents and the

character or quantity of the work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner.

7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument, prepared by the NWACC CFPD and/or Design

Professional and approved by the Owner stating their agreement upon the follow, separately or in any combination thereof:

a. Description and details of the work.

b. Amount of the adjustment in the Contract Sum.

c. Extent of the adjustment in the Contract Time.

d. Terms and conditions of the Contract Document. 7.2.2 Change Order requests by the Contractor shall be submitted in a complete itemized breakdown,

acceptable to the Owner and/or the Design Professional. 7.2.2.1. Where unit prices are stated in the Contract, Contractor should submit an itemized breakdown

showing each unit price and quantities of any changes in the Contract Amount. The value of all such additions and deductions shall then be computed as set forth in Paragraph 7.2.2.3.

7.2.2.2 The Contractor shall present an itemized accounting together with appropriate supporting data for the purpose of considering additions or deductions to the Contract Amount. Supporting data shall

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include but is not limited to the following: a. Cost of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker or workmen’s compensation insurance: b. Cost of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed: c. Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the

Contractor or others; d. Costs of premiums for all bonds and insurance, permit fees, and sales, use of similar taxes related to the Work; and e. Additional costs of supervision and field office personnel directly attributable to the change.

The burden of proof of cost rests upon the Contractor. Contractor agrees that Owner or Owner’s Representative shall have the right, at reasonable times, to inspect and audit the books and records of Contractor to verify the propriety and granting of such cost.

7.2.2.3 Compute requests for changes be they additions or deductions as follows: a. For work performed by the Contract: Net Cost of Materials a State Sales Tax b Net Placing Cost c W. C. Insurance Premium and FICA Tax d a+b+c+d Overhead and Profit, 12% x (a+b+c+d) e Allowable Bond Premium f TOTAL COST a+b+c+d+e+f

b. Credit for work deleted shall be computed as outlined in 7.2.2.3 a. through e., except the Contractor’s share of overhead and profit percentage is seven percent.

c. For added work performed by Subcontractors: Subcontractors shall compute their work as

outlined in 7.2.2.3 a. through d. To the cost of that portion of the work (Change) that is performed by the Subcontractor, the Contractor shall add an Overhead and Profit Change of five percent plus the Allowable Bond Premium.

d. For work deleted by a Subcontractor: Subcontractors shall compute their work as outlined in 7.2.2.3 a through e, except that the overhead and profit shall be seven percent and the Contractor’s overhead and profit shall be five percent.

7.3 PAYMENT FOR CHANGES IN THE WORK 7.3.1 All changes in the Work will be paid for in the manner indicated in Article 4, Paragraph 4.2, and the

compensation thus provided shall be accepted by the Contractor as payment in full for the use of

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small tools, supervisory services, premium on bond, and all other overhead expenses incurred in the prosecution of such work.

7.3.2 The Owner shall not be deemed to have agreed to any costs for additional work, to have agreed to additional time for completion, or to have agreed to any other change in the terms and conditions of the Contract Documents until Owner, and Contractor have executed a Change Order to this Contract.

ARTICLE 8 – TIME 8.1 DEFINITIONS 8.1.1 Contractor shall provide NWACC CFPD and/or the Design Profession a comprehensive

work plan/schedule listing critical path work, highlighted work milestones schedule with a set completion date within five (5) working days of the project start date. Work Plan must be submitted prior to any performed work relating to project.

8.1.2 Contract Time is the period of time identified in the Contract Documents for Substantial

Completion of the Work, including authorized adjustments made as part of Change Orders agreed to by the Owner, and the Contractor.

8.1.3 Date for commencement of the Work is the fifth calendar day following the date of mailing, by

regular mail, of the Notice to Proceed, unless otherwise stated in the Contract. 8.1.4 Date of Substantial Completion is the date certified by the Owner Design Professional and

contractor input and noted on Notice to Proceed document (Section 0022.4). 8.2 PROGRESS 8.2.1 Time limits identified in the Contract Documents are of the essence of the Contract. The

Contractor confirms that the Contract Time is a reasonable period of time for performing the Work. Notice to Proceed dates are binding unless agreed to by Owner.

8.3 HOLIDAYS 8.3.1 New Year’s Day, Robert E. Lee/Dr. Martin Luther King’s Birthday, President’s Birthday, Memorial

Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and the day thereafter, Christmas Eve and Christmas Day will be considered as being legal holidays: no other days will be considered unless declared by the Governor of the State of Arkansas through an Executive Order of Proclamation. No Design Professional clarifications, observations, or State inspections will be provided on legal holidays, Saturdays and Sundays, and not work shall be performed on these days except in an emergency or with written approval in advance by the Owner.

8.4 DELAYS 8.4.1 Delay beyond the Contractor’s control occasioned by an act or omission on the part of the Owner,

strikes, fires, additions to the work, delays by any separate contactor employed by the Owner, extremely abnormal weather conditions, or other delays beyond the Contractor’s control may, if

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agreed to by Change Order by the Contractor, and Owner entitle the Contractor to an extension of time in which to complete the work. While such delays may be just cause for an extension of the Contract Time, the Contractor shall not have a claim for damages for any such cause or delay. “Normal weather conditions” is defined as those established by published historical records (NOAA) for the previous fifty (50) years for the closest reporting station.

ARTICLE 9 – PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contractor shall accept the compensation, as herein provided, in full payment for furnishing all

materials, equipment, labor, tools, and incidentals necessary to complete the Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the final acceptance by the Owner. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work of material.

9.1.2 No moneys payable under Contract or any part thereof, except the estimate for the first month or

period, shall become due and payable if the Owner so elects until the Contractor shall satisfy the said Owner that he has fully settled or paid for all materials and equipment used in or on the work and labor done in connection therewith, and the Owner, if he so elects, may pay any or all such bills wholly or in part and deduct the amount or amounts so paid from any monthly or final estimate excepting the first estimate.

9.1.3 In the event the surety on any contract or payment bond given by the Contractor becomes

insolvent, or is placed in the hands of a receiver, or has the right to do business in a state revoked as provided by law, the Owner may at its election withhold payment of any estimate filed until the Contractor shall give a good and sufficient bond in lieu of the bond so executed by such surety. Any and all subsequent bonds shall be filed with the Circuit Clerk of the County in which the Work is being performed.

9.2 SCHDEULDE OF VALUES 9.2.1 The Contractor shall submit to the NWACC CFPD and/or Design Professional a schedule of

values for each part of the Work. The schedule shall be a complete breakdown of labor and materials for the various parts of the Work including an allowance for profit and overhead. The total of these amounts shall equal the Contract Sum. The approved schedule of values shall be used as a basis for the monthly payments or final payment of the Contract Cum to the Contractor. In applying for the monthly payment, the Contractor shall show a detailed account of work accomplished in conformity with the schedule.

9.3 MEASUREMENT OF QUANTITIES 9.3.1 The Contractor shall be paid for all Work performed under the Contract based on CFPD and/or

Design Professional computations of as-built quantities and the Contractor’s Contract Sum. This payment shall be full compensation for furnishing all supplies, materials, tools, equipment, transportation, and labor required to do the Work; for all loss or damage, because of the nature of

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the Work, form the action of the elements or from any unforeseen obstruction or difficulty which may be encountered in the prosecution of the Work and for which payment is not specifically provided for all or any part of the Work; and for well and faithfully completing the Work in accordance with the Contract Documents. The method of computation and payment for each time shall be as set forth in the Specifications or the Supplementary Conditions.

9.4 REQUESTS FOR PAYMENT 9.4.1 The Contractor may submit periodically, but not more often than once a month, a Request for

Payment for work completed. When unit prices are specified in the Contract Documents, the Request for Payment shall be based on the quantities completed.

9.4.2 Unless otherwise provided in the Contract Documents, payments will be made on account of

materials or equipment not incorporated in the Work but delivered and suitably stores at the site, and if approved in advance by the Owner, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of Bills of Sale or such other procedures satisfactory to the Owner to establish the Owner’s title to such materials or equipment and transportation to the site for those materials and equipment stored off the site.

9.4.3 The Contractor shall furnish the Owner all reasonable facilities and job tickets required for obtaining

the necessary information relative to the progress and execution of the Work and the measurement of quantities. Each Request for Payment shall be computed from the work completed on all items listed in the approved schedule of values less 10 percent of the first 50 percent of the adjusted Contract Sum and less previous payments to the Contractor on the Contract.

9.5 PERIODIC ESTIMATES FOR PAYMENT 9.5.1 Unless otherwise stated in the Specifications or Supplementary Conditions, the Owner and/or the

Design Professional shall prepare an Estimate for Payment to the Contractor each month. This will consist of an estimate for the materials complete in place and the amount of work performed in accordance with the Contract between the twenty-fifth (25) day of the month and the fifth (5) day of the succeeding month.

9.5.2 From the total of the amount estimated to be paid, an amount equal to 10 percent of the total

completed shall be retained until the Contract is 50 percent complete after which no further retainage will be withheld from the monthly estimates. All sums withheld by the Owner and requested in a Final Pay Request prepared by the Contractor will be paid to the Contractor with thirty (30) days after the Contract has been completed and the work approved by the Owner. No retainage will be withheld on the amount of the progress payment pertaining t the cost of materials stored at the site or within a bonded warehouse.

9.6 PAYMENT FOR INCREASED OR DECREASED QUANTITIES 9.6.1 When alterations in the quantities of work not requiring Contract modifications are ordered and

performed, the Contractor shall accept payment in full as the Contact Sum, for the actual quantities of work accomplished. No allowance will be made for the anticipated profits. Increased or

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decreased work involving Contract modifications shall be paid for as stipulated in such Contract modifications.

9.7 ACTION ON A REQUEST FOR PAYMENT (See also 9.9) 9.7.1 The Owner within five (5) working days plus time required for transmittal from one party to

another, act on a Request for Payment by the Contractor in one of the following: a. Approve the Request for Payment as submitted by the Contractor.

b. Approve an adjusted amount due the Contractor informing the Contractor in writing of the

reason for the adjusted amount, and transmit same to the Owner.

c. Withhold the Request for Payment submitted by the Contractor informing the Contractor in writing of the reason for withholding the request.

OWNER’S ACTION ON A REQUEST FOR PAYMENT (See also 9.9) 9.7.2 The Owner will, within ten (10) working days plus transmittal time between the various state

agencies involved, act on a Request for Payment after approval by the CFPD by one of the following: d. Approve the Request for Payment as approved by the CFPD and forward the Pay Request

to the Owner’s Contract Administrator in Finance for review and approval prior to submission to Owner’s Accounts Payable for payment.

e. Approve payment of an adjusted amount as the Owner will decide is due the Contactor, informing the Contractor in writing of the reason for the adjusted amount of payment.

f. Withhold the Request for Payment informing the Contractor in writing of the reason for withholding the payment.

9.8 ARKANSAS STATE AGENCIES ACTION ON A REQUEST FOR PAYMENT 9.8.1 The State shall process payments in accordance with Ark. Code Ann. §19-4-1411, or as modified by

subsequent law, which establishes the time limits for the Design Professional, the Owner and the Department of Finance and Administration. It also authorizes the Chief Fiscal Officer of the State to investigate any complaints of late payments and assess penalties for late payment. Complaints shall be addressed to “Chief Fiscal Officer of the State: Department of Finance and Administration; 1509 West Seventh Street, Suite 401; Post Office Box 3278; Little Rock, AR 72203-3278.

9.9 WITHHOLDING PAYMENT 9.9.1 The Owner may withhold payment for contested issues, including but not limited to, defective work

on the project; evidence indicating the probable filing of claims by other parties against the Contractor related to the project; damage caused to another contractor; reasonable evidence that Work cannot be completed for the unpaid balance of the Contract Sum or within Contact Time or failure of the Contractor to make payments on materials, equipment or labor to subcontractor. It is

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the responsibility of the contesting party to notify the Contractor in writing that payment has been contested and the reasons why. The notification must be done with the timeframe specified for processing of payment under Ark. Code Ann §19-4-1411.

9.10 PAYMENT FOR UNCORRECTED WORK 9.10.1 Should the Owner/CFPD direct the Contractor not to correct work that has been damaged or that

was not performed in accordance with the Contract Documents, an equitable deduction from the Contract Sum shall be made to compensate the Owner for the uncorrected work. The Owner in conjunction with the Design Professional shall determine the amount of the equitable deduction.

9.11 PAYMENT FOR REJECTED MATERIALS AND WORK 9.11.1 The removal of rejected Work and materials and the re-execution of acceptable work by the

Contractor shall be at the expense of the Contractor. The Contractor shall pay the cost of replacing the work of other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement with acceptable work.

9.12 DATE OF SUBSTANTIAL COMPLETION 9.12.1 A Certificate of Substantial Completion (Section 0022.10), which shall establish the Date of

Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to work, and insurance and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion, unless another timeframe is stated in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall not become effective until approved by the CFPD (Owner).

9.13 FINAL COMPLETION AND PAYMENT BY OWNER 9.13.1 The Contractor shall furnish a letter from the Owner attached to the Contractor’s final estimate,

which shall include all retainage withheld, certifying that the Owner has received and approved all guarantees, bonds, maintenance and operation manuals, air balance data, shop drawings, catalog data, and record documents specified in the Contract Documents.

9.13.2 Before final payment, the Contractor shall furnish to the Owner (CFPD) executed copies of the

Release of Claims and Consent of the Performance and Payment Bond Surety for Final Payment. Items listed in this Section Six (6) shall be submitted with and at the same time as the final estimate to the CFPD Representative. No final payment or release amounts shall be made without compliance with this Section Six (6), and approval by the Owner of the Final Pay Request, which shall include payment of all retained amounts.

9.14.3 Any claim by the Contractor to the Owner for interest on a delinquent final payment shall only be

made pursuant to Ark. Code Ann. §22.9.205.

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9.14 PARTIAL OCCUPANCY OR USE 9.14.1 The Owner may occupy or use any completed or partially completed portion of the Work provided

such use of occupancy is consented to by the insurer and authorized. The Contractor will prepare a list of items to be completed or corrected before partial acceptance. Upon receipt of the Contractor’s list, the Owner and Design Professional if used will make an inspection to determine whether the Work or portion thereof is substantially complete. No portion of the work shall be considered substantially complete unless described in a Certificate of Substantial Completion Form (Section 0022.10) approved by the Contractor, Owner.

9.14.2 The Owner and/or Design Professional will prepare a Certificate of Substantial Completion which

shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to Work and insurance, identify work items to be corrected or completed by the contractor and shall fixing the time within which the Contractor shall complete the items listed herein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion, unless another timeframe is stated in the Certificate of Substantial Completion. No retained amounts shall be paid until the Contractor, and the Owner approve a Certificate of Substantial Completion for all of the Work unless specifically provided for by this contract, and all other conditions for final acceptance of this Work are met to the satisfaction of the Owner.

9.14.3 Instances where some of the Work is “sectioned” out and substantially completed, the retained

amounts shall not be paid until the final Certificate of Substantial Completion of the entire Work is approved by the Contractor, Design Professional, and the Owner and all other conditions of this Section Nine (9) are met by the Contractor.

9.15 FINAL INSPECTION 9.15.1 Tests, inspections, and approvals of portions of the Work required by the Contract Documents,

laws, ordinances, of any public authority having jurisdiction shall be made at the appropriate time. The Contractor shall give the Owner and/or Design Professional timely notice of when and where tests and inspections shall be made so that the Owner and/or Design Professional may be present. The Contractor shall make arrangements for the testing and inspection with an independent testing laboratory.

9.15.2 The Contractor shall ensure that the final completed work is in accordance with the Contract

Documents. Required certifications of testing and inspection shall be secured by the Contractor and delivered to the Owner, unless otherwise required by the Contract Documents.

9.16 ASSIGNMENT OF WARRANTIES 9.16.1 All warranties of materials and workmanship running in favor of the Contractor shall be transferred

and assigned to the Owner on completion of the Work and at such time as the Contractor receives final payment.

9.16.2 In case of warranties covering work performed by subcontractors, such warranties shall be

addressed to and in favor of the Owner. The Contractor shall be responsible for delivery of such warranties to the Owner prior to final acceptance of the work.

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9.16.3 Delivery of guarantees or warranties shall not relieve the Contractor from any obligation assumed under any provision of the Contract. All warranties shall be for one (1) year from the date of Substantial Completion of the Project, unless extended otherwise.

9.17 ACCEPTANCE AND FINAL PAYMENT 9.17.1 Upon receipt of written notice that the Work is ready for final inspection, the Owner (CFPD)

and/or Design Professional will conduct an inspection. Upon being accepted by the owner Final Payment shall be the Contract Sum plus approved Change Order additions less approved Change Order deductions and less previous payments made. The Contractor shall furnish evidence that he has fully paid all debts for labor, materials, and equipment incurred in connection with the Work.

9.17.2 Acceptance of final payment by the Contractor shall constitute waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Request for Payment. Any claims for interest on delinquent payments shall be made pursuant to Ark. Code Ann. §22-9-205.

ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY 10.1 GENERAL 10.1.1 The Contractor shall at all times exercise precaution for the safety of employees on the Project and

of the public, and shall comply with all applicable provisions of federal, state and municipal safety laws and applicable building and construction codes. The Contractor shall provide and maintain passageways, guard fences, lights, and other facilities for protection required by all applicable laws. All machinery, equipment, and other physical hazards shall be guarded in accordance with all federal, state or municipal laws or regulations. Prior to any work activity the Contractor and subcontractor must at the time of providing a job/work schedule will provide the NWACC CFPD with their company safety manual/policies. All job orders will require a designated individual responsible for company safety, enforcement and monitoring of on-site safety. In addition some job orders will require safety plans. These safety plans will be written by both CFPD and Contractor(s). All safety related items pertaining to job safety shall be required and approved by CFPD.

10.1.2 The Work, from commencement to completion, and until written acceptance by the Owner and

when the Owner may take possession and control in accordance with Section Six (6) of these General Conditions, job shall be under the charge and control of the Contractor. During such period of control by the Contractor, all risks in connection therewith shall be borne by the Contractor. The Contractor shall make good and fully repair all damages to the Project by reason of the Contractor’s negligence, and make good on all injuries to persons caused by any casualty or cause by reason of the Contractor’s negligence. The Contractor shall adequately protect adjacent Property as provided by law and the Contract Documents. The Contractor shall hold the Owner harmless from any and all claims for injuries to persons or for damage to property during the control by the Contractor of the project or any part thereof.

10.1.3 The Contractor shall at all times conduct the Work so as to ensure the least possible obstruction

to traffic, to the general public, and the residents in the vicinity of the Work, and to ensure the protection of persons and property. No road, street, or highway shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on

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or adjacent to the Work shall be kept accessible to firefighting equipment at all times. The local fire department shall be notified of the temporary closing of any street.

10.1.4 Fire alarms and other fire devices shall remain in operation during any job order unless prior approval between Contractor and CFPD has been made. Contractor is solely responsible for all sub-contractors in maintaining the reliability and operation of building fire systems. All fire alarm devices will be in operation at those times when work has ceased, i.e. nights, weekends, holidays and etc. Follow all NWACC rules and requirements for safety in the CFPS Safety Manual.

ARTICLE 11 – INSURANCE AND BONDS 11.1 CONTRACTOR’S LIABILITY INSURANCE 11.1.1 The Contractor shall secure and maintain in force during this Contract such insurance as is specified

within the Contract Documents, from an insurance company authorized to write the prescribed insurance in the jurisdiction where the Project is located as will protect the Contractor, his subcontractors, and the Owner from claims from bodily injury, death, or property damage which may arise from operations under this Contract. The Contractor shall not commence work under this Contract until he has obtained all the insurance required, has filed the Certificate of Insurance (Section 0022.2)with the Owner, and the certificate has been approved by the Owner and signed. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without written notice to the Owner of intention to cancel. The amount of such insurance shall be not less than the following or any limits required by law.

11.1.2 Workman’s Compensation and Employer’s Liability Insurance in statutory limits shall be

secured and maintained as required by the laws of the State of Arkansas. This insurance shall cover all employees who have performed any of the obligations assumed by the Contractor under these Contract Documents including Employer’s Liability Insurance. This insurance shall protect the Contractor against any and all claims resulting from injuries, sickness, disease, or death to employees engaged in work under this contract.

11.1.2.2 Worker’s Compensation

A. State………………………………………………Statutory

B. Applicable Federal ………………………………..Statutory

C. Employer’s Liability ………………………………$100,000.00 per Accident $500,000.00 Disease Policy Limit $100,000.00 Disease, each Employee 11.1.3 Comprehensive General Liability Insurance, including automobile and truck liability. Prior to

blasting, the Contractor shall furnish Certificates of Insurance, which shall certify that damage caused by blasting is within the coverage of his Comprehensive General Liability Insurance to the full limits thereof. Hired and non owned automobile insurance for automobiles and trucks shall include hired and non owned automobile coverage.

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11.1.3.2 Comprehensive General Liability General Aggregate ……………………………………….$1,000,000.00

Complete Operations to be maintained for one (1) year after final payment ………………………….$1,000,000.00 Aggregate

Personal Injury …………………………………………..$1,000,000.00 Each Occurrence

Each Occurrence Limit ………………………………….$1,000,000.00 Each Occurrence

Automobile Liability (including owned, non-owned and hired vehicles) –Single Limit ………………………....$1,000,000.00 Combined

Umbrella Excess Liability ………………………………...$1,000,000.00

11.1.4 Contractor’s Protective Liability Insurance: The Contractor shall indemnify and save harmless the

Owner from and against all losses and all suits, claims, demands, judgments, actions, and payments of every description and nature brought or recovered against him by reason of any omission or act of the Contractor, his agents, or employees in the execution of the Work or in the guarding of it. The Contractor shall secure and maintain protective liability insurance in the name of the Owner and the Contractor covering them from contingent liability under this Contract.

11.1.5 Builder’s Risk and Fire Insurance: The Contractor shall procure and maintain during the life of this

Contract Builder’s Risk Insurance fire, lighting, extended coverage, vandalism, and property theft on the insurable portion of the Project on a 100 percent completed value basis against damage to the equipment, structures, or material. The Owner and the Contractor, as their interest may appear, shall be named as the insured. “Each Job Order Contract shall stipulate whether Builder’s Risk Insurance is required”

11.1.6 Proof of Insurance: The Contractor shall maintain the insurance coverage’s required by this

contract (see Supplemental Conditions for required coverage’s) throughout the term of this contract, and shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. Such certifications shall also contain substantially the following statement: ―The insurance covered by this certificate will not be canceled, or materially altered except after fifteen (15) days prior written notice has been received by the Owner.‖

11.2 BONDS 11.2.1 Performance and Payment Bond: The Contractor shall, at the time of execution of the

Contract, furnish a bond covering faithful performance of the Contract and the payment of obligations. The Performance and Payment Bonds, and any amendments thereto, shall be filed with the circuit clerk office in the County Courthouse of the county where the work shall be performed. For any increases to the contract amount, scope of work time for completion or other terms relating to the Change Order, the Contractor may be required by Owner to furnish an amendment to the Bond agreement in which the Surety has agreed to amend the Performance and Payment Bond to reflect such revisions.

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ARTICLE 12 – UNCOVERING AND CORRECTION OF WORK 12.1 EXMAINATION OF COMPLETED WORK 12.1.1 If any portion of the work should be covered contrary to the request of the Owner, Design

Professional, or Inspector or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Owner be uncovered for his observation and replaced at the Contractor’s expense.

12.2 DEFECTIVE WORK 12.2.1 Defective work, whether through the use of defective materials, the result of poor workmanship, or

any other cause, shall be removed within ten (10) days after notice is given by the Owner and/or Design Professional. The Work and affected materials and equipment shall be removed and replaced as necessary to comply with the Contract Documents without additional cost to the Owner. The fact that the defective work may have been previously overlooked by the Owner and/or Design Professional shall not constitute acceptance.

12.3 REJECTED MATERIALS 12.3.1 Materials which no not conform to the requirements of the Contract Documents, are not equal to

samples approved by the Design Professional, or Owner are in any way unsuited or unsatisfactory for the purpose for which intended, shall be rejected. Defective materials shall be removed with ten (10) days after notice by the Owner and/or Design Professional. The materials shall be replaced with new materials as necessary to comply with the Contract Documents at no additional cost to the Owner. The fact that the defective material may have been previously overlooked by the Owner and/or Design Professional shall not constitute acceptance.

ARTICLE 13 – MISCELLANIOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the laws and regulations of the STATE OF ARKANSAS. Venue

for any administrative action or judicial proceedings shall be Benton County, Arkansas. Nothing in these General Conditions shall be construed to waive the sovereign immunity of the STATE OF ARKANSAS or any entities thereof.

13.1.2 The Contractor shall give all notices and comply with all federal, state, and local laws, ordinances,

and regulations in any manner affecting that conduct of the Work. The Contractor shall indemnify and save harmless the Owner against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree whether by himself or his employees.

13.1.3 The Contractor shall comply with the laws of the local, state, and federal government regarding

wages, and hours or labor.

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13.2 WRITTEN NOTICE 13.2.1 Consider as served when delivered in person or sent by certified or registered mail to the individual,

firm, or corporation or to the last business address of such known to him who serves the notice. 13.2.2 The written Notice to Proceed with the Work shall be issued by the Owner and/or Design

Professional after the execution of the Contract by the Owner. The Contractor shall begin and prosecute the Work and uninterruptedly in a manner that will complete the Work within the time limits stated in the Contract.

13.3 TESTS AND INSPECTIONS 13.3.1 All materials and each and every part of the Work shall be subject at all times to inspection by the

Owner, Design Professional, or the Inspector. The Contractor shall be held to the intent of the Contract Documents in regard to quality of materials, equipment, and workmanship, and the diligent execution of the Contract. The inspection may extend to and include plant, shop, or factory inspection or material furnished. The Contractor agrees to allow Federal or State inspectors, acting in an official capacity, to have access to the job site.

13.3.2 The Owner, Design Professional, and Inspectors if required shall be allowed access to all parts of

the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection for ascertaining if the Work as performed is in accordance with the requirements and the Contract Documents.

13.3.3 Inspectors shall only have authority to suspend any work in a life threatening situation which is

being improperly done, subject to the final decision of the Owner. Inspectors shall have not authority to permit deviations, or to relax provisions of the Contract Documents without the written permission or instruction of the Owner or delay the Contractor by failing to work with reasonable promptness.

13.4 VERBAL AGREEMENTS 13.4.1 No verbal objection, order, claim, or notice by any of the parties involved to the other parties shall

affect or modify any of the terms or obligations contained in the Contract Documents. None of the terms or provisions of the Contract Documents shall be considered waived or modified unless the waiver or modification thereof is in writing, and agreed upon by the parties in the form of a Change Order approved by the Owner and the Contractor and no evidence shall be introduced in any proceeding of any other waiver or modification.

ARTICLE 14 – TERMINATION OR SUPENSION OF THE CONTRACT 14.1 SUPENSION OF WORK 14.1.1 The work or any portion thereof may be suspended at any time by the Owner provided that the

Owner gives the Contractor written notice of the suspension. The notice shall set forth the date on which the work is to be suspended and the date on which the work is to be resumed. The Contractor shall resume the work upon written notice from the Owner within ten (10) days after the date set forth in the Notice of Suspension.

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14.1.2 The Owner will have the authority to suspend the work, wholly or in part, for such period of time as deemed necessary. The suspension may be due to the unsuitable weather, or such other conditions as are considered unfavorable for the proper prosecution of the work, or the failure on the part of the Contractor to fulfill the provisions of the Contract. Failure to supply material, equipment, or workmanship meeting the requirements of the Contract Documents shall be just cause for suspension of the Work. The Contractor shall not have the right to suspend operations without the Owner’s permission.

14.2 TERMINATION BY OWNER FOR CAUSE 14.2.1 The Owner will have the right to terminate the Contract upon giving ten (10) days written notice of

the termination to the Contractor and the Contractor’s surety, in the event of any default by the Contractor and upon written notice from the Design Professional if used to the Owner that sufficient cause exists to justify such action. In the event of termination of the Contract, the Owner may take possession of the Work and of all materials, tools, and equipment and construction equipment and machinery thereon and may finish the work by whatever method he may select. If the Owner does not elect to use his own forces, the surety shall furnish a competent licensed contractor within ten (10) working days from the written notice to the surety.

14.2.2 It shall be considered a default by the Contractor whenever he shall become insolvent; declare

bankruptcy assigns assets for the benefit of his creditors; fails to provide qualified superintendence, proper materials, competent subcontractors, competent workmen; fails to make prompt payments for labor, materials, or equipment; disregards or violates provisions of the Contract Documents; disregards the Owner’s and/or Design Professional’s instructions; fails to prosecute the Work according to the approved schedule of completion, including extensions thereof as provided for by approved Change Orders; and fails to start the Work on the date established in the Notice to Proceed.

ARTICLE 15 – ALTERNATIVE DISPUTE RESOLUTION 15.1 MEDIATION 15.1.1 In the event of any dispute regarding the Contractor, Architect, Engineer, and/or Owner

(hereinafter referred to as party/parties for this section only) under this Agreement, the party shall notify the appropriate Owner’s Administration (CFPD) in writing. The Owner’s Administration or his designee will then attempt to negotiate a settlement of the dispute between the parties.

15.1.2 If the Owner’s Administrator, or designee, determines he is unable to negotiate a settlement

between the parties, the parties may participate in mediation. A request for mediation must be made in writing to the Owner and the parties shall agree upon the location of the mediation. A Mediator mutually agreed upon by the parties shall conduct the mediation process. Mediation shall be voluntary, non-binding and all proceedings in connection with such shall be subject to this Agreement and applicable provisions of Arkansas law. Any mediation fees shall be borne equally between the parties. The parties shall coordinate mediation and the CFPD shall notify NorthWest Arkansas Community College Associate Vice President for Operations of any mediation prior to it taking place. The Owner’s Administrator (Chief Financial Officer) or his designee may view any and all mediation proceedings. Any settlements arising out of the mediation process must be approved by NorthWest Arkansas Community College Board of Trustees.

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15.1.3 Notwithstanding anything to the contrary contained herein, if any dispute arises between the Parties, whether or not it requires at any time the use of dispute resolution procedures described above, in no event, nor for any reason, shall the Contractor, Architect, or Engineer interrupt the provision of service/performance to the Owner, or perform any other action that prevents, slows down, or reduces, in any way, the provisions of the Agreement unless: (a) authority to do so is granted by the Owner or (b) the Agreement has been terminated by the Owner. Nothing in these contract documents, including the use of mediation, shall be construed to waive the sovereign immunity of the State of Arkansas or any entities thereof.

ARTICLE 16 – ADDITIONAL REQUIREMENT 16.1 There will be limited parking at the site. Contractor parking areas will be designated to contractor

by NWACC and in conjunction with the NWACC Police Department. 16.2 Observance of Pedestrian Crosswalk MUST be strictly enforced with all personnel. 16.3 All on site inspections, walk thrus, i.e. on site visits must be coordinated and approved by NWACC

CFPD prior to date and time. 16.4 Architect and CFPD’s personnel will be allowed access to the jobsite during construction; others will

require verbal or written approval. 16.5 Weekly progress meeting will be held at the Construction Department Conference Room or a

previously announced site. The meeting dates and times are subject to change. 16.6 Do not proceed with any Job Order changes without written authorization from the Owner’s

(CFPD) representative. 16.7 Verify all utility locations (Arkansas One-Call 1-800-428-8998), and coordinate any proposed

outages in advance, with the Owner (CFPD). 16.8 Provide documented requests for time extensions on a monthly basis, with payment requests. 16.9 Coordinate location of project fence with Owner (if applicable). 16.10 Protect all trees with fencing placed at drip-line. 16.11 If applicable the Contractor is required to install and pay for construction utilities and a

telephone/fax/computer unless previously agreed to in writing by Owner. 16.12 Prior to initiation of all on site contract work Contractors must provide NWACC CFPD with their

company safety manual, company safety policy, signed by company owner or designee, name of on- site designated safety monitor/inspector and sub-contractor(s) safety manual. Contractor shall have a pre-work safety meeting with sub-contractors to review job safety requirements and safety policies. All on-site workers are required to sign a safety form maintained by Contractor stating that they have been informed of on-site safety policies and procedures. Contractor and sub-contractor will be responsible for enforcing and monitoring on-site safety requirements. Appropriate safety procedures will also be enforced by the owner. Hardhats will be used (extras for visitors), and

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signage will be posted, as required. All welding and cutting is to be performed behind appropriate vision screening. Whenever appropriate, all MSDS information must be on-site prior to arrival of related materials. The site will be kept in a clean, orderly state. All safety visitations occurring on-site must be documented and reviewed at weekly construction meetings. Any and all on-site work related injuries shall be reported/documented by Contractor. NWACC CFPD shall be notified immediately and within one (1) hour of injury occurrence. All construction accidents or injuries occurring at or on an NWACC facilities requiring public disclosure will be made by NWACC Public Relations Department.

All accidents must immediately be reported to College CFPD Department. CFPD Department will

immediately notify the appropriate College personnel, i.e. College Police Department and etc. A detailed report must follow within an acceptable time. The report must state detailed accident information, cause, and future preventative measures.

Contractors and sub-contractors working for NWACC must place the safety and the well

being of NWACC students, building users and the facilities as their number one priority in performing any work for NWACC. Contractors in addition to their sub-contractors will be held accountable in meeting this priority.

16.13 Appropriate security measures are to be observed. Any College keys will be signed out by the

Contractor. Any keys that are signed out must be returned upon completion of the project, in order to process the Final Pay Request. Any project keys required for Owner’s access will be provided by the Contractor. Contractor is solely responsible for signed out keys. Any rekeying due to lost will be at Contractors expense.

16.14 Harassment of students, faculty, or staff by Contractors or sub-contractor personnel will NOT be

tolerated. Any verified infraction will be cause for immediate dismissal of the individual (s), and they are to immediately leave NorthWest Arkansas Community College property.

16.15 Payment requests for material stored off-site will be approved if the material is stored in a bonded

warehouse and adequately marked for use on the specific job. The CFPD Representative will verify this. The requests must have copies of invoices and insurance certificates attached.

16.16 Prevailing wage rates (if applicable) must be posted at the jobsite. All Contractors are liable for

jobsite interviews, by the Department of Labor, to verify that rates are being paid. 16.17 Shop Drawings (all must be submitted to the CFPD and/or Design Profession within five (5) days;

substitutions approved within ten (10) days:

a. Must first be reviewed by the contractor, and bear their approval stamp. b. Submit in quantities required for contractor’s use after three (3) are maintained by the

CFPD.

c. Use only approved shop drawings on jobsite.

d. All items requiring color selections will be made at one time.

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16.18 A complete list of contractors, with after-hours contact information, must be submitted. 16.19 Have hardware supplier review shop drawing requirements for lock system. Contact the Owner if

there are questions about locks or keying schedule. Keying schedules is to be coordinated with Physical Plant Locksmith.

16.20 Any site testing (concrete, soil) will be coordinated with the Owner.

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NWACC CONSTRUCTION GUIDELINES

SECTION 0007

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NWACC CONSTRUCTION GUIDELINES SECTION 0007

For Construction Information and Construction Specifications applying to NWACC refer to the NWACC Construction Facilities and Planning Department “NWACC Construction, Remodel and Specifications Manual” on file in the CFPD office. Design Standards Projects must comply with the laws of the State of Arkansas governing design requirements and design reviews and approvals. The Executive Director of the NWACC CFPD or his designate will be the College’s representative responsible for managing consultant and construction contracts. Such designee may appoint a representative to provide day-to-day communication and coordination of consultant’s work and construction contracts. Regardless of being exempt from certain ABA building requirements, all capital improvement projects and/or other work must be designed to comply with the following:

A. Arkansas Fire Prevention Code (based on Standard Building Code), including revisions thereto, as published by Southern Building Code Congress, 3600 7th Ct. S., Birmingham, Alabama 35222. Arkansas State Laws shall have precedence over the Standard Building Code where they exceed the requirement of that code. B. American With Disabilities Act (In certain instances, such as parking, where Arkansas State Law conflicts with the American with Disabilities Act, the more stringent requirements shall be met.) C. Earthquake Resistant Design for Public Structures Act (following the Seismic Zones of Arkansas Map). D. Flood Plan Guidelines (Federal Register). E. Arkansas Economic Development Commission, Energy Division (1994 Arkansas Rules and Regulations for Energy Efficient Standards for New Building Construction, and ASHRAE/IES 90.1 -1989). F. Institutional Design Guidelines will improve the institution maintenance and operation programs (M&O) as well as provide attractive facilities that will meet the long term needs of the intended community. Suggested departures from the guidelines must be reviewed and recommended by the Chief Financial Officer to the NWACC Land Use and Facilities Committee for approval or disapproval.

Design Professionals are encouraged to work closely with city, county, (i.e. planning, roads, utilities) and fire department officials throughout the planning stages. Such authorities should be given the opportunity to review such plans to coordinate any

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utility and fire department (specific fire protection, building access, fire lanes, etc.) requirements. Special requirements may be needed according to available equipment and firefighting/emergency procedure.

Design Review and Approvals Regulatory agencies have adopted design and/or construction standards and may require pre-construction plan review and approval. Design consultants should request copies of all acts, laws and adopted standards from individual agencies. Design professionals shall be responsible for coordinating a project directly with all regulatory agencies as needed, allowing adequate time for plan review, approval, stamp, date, and signature before being authorized to bid. A Nonexclusive list of regulatory agencies below may have design authority over a capital improvement project. Other agencies not listed may, under special circumstances, exercise design authority. It is the Design Professional’s responsibility to insure that all appropriate and required agencies are provided opportunity to review plans and specifications before a project is bid. Reviewing agencies may include: A. Department of Health 1. Division of Plumbing and Natural Gas (plumbing systems domestic water, septic design, swimming pools, etc). 2. Division of Radiation Control and Emergency Management (X-rays, nuclear medicine, installation or safety evaluations). 3. Division of Sanitation Services (kitchens, restaurants, etc.) 4. Division of Engineering (waste water system, water systems and districts, emeteries, swimming pools, etc.) 5. Division of Health Facility Services (hospital, health units, etc.) B. State Fire Marshall (fire code review, life safety, etc.) C. Department of Labor (elevator safety, including inclined stairway chairlifts and vertical wheelchair lifts, boiler inspection, industrial hygiene, OSHA reviews, etc.) D. Arkansas Department of Environmental Quality (Resource Conservation and Recovery Act of 1976 when Federal funding exceeds $10,000, Storm Water Pollution Prevention Plan for disturbed sites in excess of five (5) acres, and other required environmental reviews). E. Licensing Agency for the Blind (blind concession stands for State Owned Buildings). F. Highway and Transportation Department (highway access, right-of-way design etc.). Contact local district headquarters’ engineers.

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G. Department of Human Services, Offices or Long Term Care (long term care facilities/nursing homes). H. Arkansas LP Gas Board (review/inspect rural installation of LP storage tanks and gas meters).

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*PREVAILING WAGE RATES (STATE)

*NON EMPLOYMENT OF ILLEGAL ALIEN REQUIREMENTS

*DAVIS –BACON ACT

REQUIREMENTS/FORMS AND CONDITIONS

SECTION 0008

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ARKANSAS DEPARTMENT OF LABOR

I. Prevailing Wage Rates State: Prior to any contract agreements the two (2) most recent and current Arkansas Prevailing Wage Determination Building Rates shall prevail.

II. Davis Bacon Act: Any Federal funds applied to Construction Contracts involving NorthWest Arkansas Community College shall adhere to the Davis Bacon requirements, terms and conditions as used.

III. Employment Contract with Illegal Immigrants: (Section 0022.7) Prevailing Wage Rates dated 7-01-09 have been included in the Job Order Contracting Manual. The Prevailing Wage Rate Law applies only to individual projects that exceed $75,000 in cost and are NOT maintenance/service oriented. As individual Job Orders are issued, a determination of the applicability of the Prevailing Wage Rates will be made.

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Arkansas Department of Labor Determination #: Prevailing Wage Determination Expiration Date: BUILDING RATES Survey #: Date: Project: Site: City: Project County: CLASSIFICATION Basic Hourly Rate Fringe Benefits Asbestos Worker/Insulator $11.55 Bricklayer/Pointer, Cleaner/ Caulker $19.90 Carpenter $ 9.35 $ 4.27 Concrete Finisher/Cement Mason $14.40 $ 0.41 Electrician/Alarm Installer $19.60 $ 5.66 Elevator Mechanic $24.30 $12.18 Glazier $13.65 $ 1.10 HVACR Mechanic (Excludes Duct Work) $15.00 $ 0.78 Ironworker (Including Reinforcing Work) $20.35 $ 9.42 Laborer $11.55 Marble/Tile/Terrazzo $22.95 $ 6.41 Metal Building Erector $14.40 Millwright $18.20 $ 6.71 Painter/Sheet Rock Finisher $13.40 Plasterer $14.85 Plumber/Pipefitter $15.85 $ 2.30 Roofer $14.50 $ 2.45 Sheet Metal (Includes Duct Work) $16.15 Soft Floor Layer $12.40 Sprinkler Fitter $21.65 $ 5.88 Truck Driver $12.15 $ 1.64 Waterproofer $16.50 $ 1.87 Group 2 – Operator $15.00 Group 3 – Operator $15.15 $ 1.55 Group 4 – Operator $11.55 Laborer (Brick Tender) $11.55 Welders-receive rate prescribed for craft performing operation to which welding is incidental.

Certified 07/01/2009

Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form.

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Certification by Contractor

a. The Contractor must certify on line at www.arkansas.gov/dfa/procurement prior to award of a contract that he does not employ or contract with any illegal immigrant.

b. If the Contractor violates the above certification or is found to not be in compliance during the term of the contract, the state shall require the Contractor to remedy the violation within sixty (60) days of discovery of that violation. Failure to remedy the violation within the sixty (60) day period will result in termination for breach of contract, and the Contractor shall be liable to the State for the State’s actual damages.

c. If the Contractor uses a sub-contractor at the time of the above certification, the sub-contractor shall certify that he does not employ or contract with an illegal immigrant. The sub-contractor’s certification must be submitted within thirty (30) days after award of the contract, and the Contractor is required to maintain the certification on file for the remainder of the term of the contract.

d. In the event that the Contractor learns that the sub-contractor’s certification is in violation of the Act, and terminates the contract with the sub-contractor, the termination of the sub-contract for a violation of this section will not be considered a breach of the Contractor’s contract with the State. However, any sub-contractor subsequently hired by the Contractor shall be required to provide like certification.

http://www.arkansas.gov/dfa/procurement

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CLAUSE XX. DAVIS BACON ACT REQUIREMENTS A. Definitions. For purposes of this Clause XX, Contract Work Hours and Safety Standards Act,

and Clause XX, Recipient Functions, the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a

requirement to comply with the labor standards clause and wage rate requirements of the David-Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients, Contractors and sub-contractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.

(2) “Construction, alteration or repair” means all types of work done by laborers and mechanics employed by the Subrecipient, construction contractor or construction sub-contractor on a particular building or work at the site thereof, including without limitation-- (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (b) Painting and decorating; or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work.

(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and services for construction, alteration, and repair under a Sub-award. For purposes of these Clauses, a Contract shall include sub-contractors and lower – tier subcontracts under the Contract.

(4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and non-program aspects of the financial assistance process.

(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include sub-contractors and lower-tier sub-contractors.

(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant directly from the Federal Government. The term includes the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award.

(7) “Site of the work”-- (a) Means-- (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed; and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the

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performance of the project. (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-- (1) They are dedicated exclusively, or nearly so, to performance of the project; and (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraph (7)(a)(ii) of this definition; and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or sub-contractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project as defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract.

(8) Sub-award means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by Subrecipient to a lower – tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is call a Contract, but does not include the Recipient’s procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of “Award” above.

(9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such program. The term includes a Community Action Agency (CAA), local agency, of other entity to which a Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by Contractors and sub-contractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant of the Recovery Act.

B. Davis-Bacon Act (1)(a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor

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which is attached to the Subaward or Contract and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of Paragraph B(4) below; also, regular contributions made or costs uncured for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. (d) The wage determination (including any additional classification and wage rates conformed under paragraph B (2) of this Clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)(a) The Contracting Officer shall require that any class of labors or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve and additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed

by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage

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determination.

(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Sub-recipient shall notify the Recipient. The Recipient shall notify the Contracting Office of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Office to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 day period that additional time is necessary. (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Sub-recipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contacting Officer or will notify the Contracting Officer within the 30 day period that additional time is necessary. (d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraph B92)(b) or B(2)(c) of the Clause shall be paid to all workers performing work in the classification under the Award, Subaward, or Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the Subrecipient or

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Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

C. Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract. (2) If the Sub-award or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.

D. Payroll and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph four (4) of the provisions entitled Davis-Bacon Act, that the laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Sub-recipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each week in which any Subaward or Contract work if performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information

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may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, or this clause. Subrecipients and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by t he Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer. (c) Each payroll submitted shall be accompanied by a “Statement of Compliance,”signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify-- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this Clause, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Subaward or Contract. (d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of compliance” required by paragraph D(2)(c) of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States

http://www.dol.gov/esa/whd/forms/wh347instr.htm

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Code. 3. The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1) of this Clause available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Recipient, Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

E. Withholding of Funds (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employer or working on the site of work, all or part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or Contactor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor.

F. Apprentices and Trainees (1) Apprentices.

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(a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed-- (i) Pursuant to and individually registered in bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATLES or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (express in percentages of the journeyman’s hourly rate) specified in the Subrecipient’s or Contractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (e) Apprentice shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATLES, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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(2) Trainees. (a) Expect as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administration of the Wage and Hour Division determines that there is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATELS withdraws approval of a training program, the Subrecipient or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29CFR Part 30.

G. Compliance with Copeland Act Requirements The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract.

H. Subawards and Contracts (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled ”Davis-Bacon Act Requirements” and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause.

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(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgement, for each Subaward and Contract for construction within the United States, including the Subrecipient’s and Contractor’s signed and dated acknowledgement that this Clause has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7#A8/$file/ sf1413_e.pdf. Within 14 days after issuance of a Contract or lower-tier subcontract, the Subrecipient shall deliver to the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgement, for each Contract and lower-tier subcontract for construction within the United States, including the Contractor and lower-tier subcontractor’s signed and dated acknowledgement that this Clause has been included in any Contract and lower-tier subcontracts. SF 1413 is available from the Contracting Officer at http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7#A8/$file/ sf1413_e.pdf. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF) 1413.

I. Contract Termination – Debarment A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.

J. Compliance with Davis-Bacon and Related Act Regulations All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in the Award, Subaward or Contract.

K. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U. S. Department of Labor, or the employees or their representative.

L. Certificate of Eligibility (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor’s firms is a person, entity or firm ineligible to be awarded Government contracts or Government awards by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of a Government contract or Government award by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7#A8/$file/ sf1413_e.pdf




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(3) The penalty for making false statements is prescribed in the U. S. Criminal Code 18 U.S.C. 1001.

M. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.

Clause XXX. Contract Work Hours and Safety Standards Act This Clause entitled “Contract Work Hours and Safety Standards Act (CWHSSA)” shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers and mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph B herein, the Subrecipient or Contractor responsible therefor shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on any other federally-assisted Award or contract subject to the CWHSSA, which is held

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by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is hold by the same Subrecipient or Contractor such sums as may be determines to be necessary to satisfy and liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause set forth in CWHSSA, paragraph B of this clause.

D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier subcontracts, the clauses set forth in these CWHSSA paragraph (A) through (D) and also a provision requiring the Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for compliance by any Subrecipient or Contractor, with the CWHSSA paragraph A through D. The Subrecipient shall be responsible for compliance by any Contractor (including lower-tier subcontractors). E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX Davis-Bacon Act Requirements, for all laborers and mechanics, including guards and watchmen working on the Subaward or Contracts. These records are subject to the requirements set forth in Clause XX Davis-Bacon Requirements.

Clause XXX. Contract Work Hours and Safety Standards Act

(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions: (a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipient and Contractors at any tier under this Award; (b) Review all DBA certified payroll records from compliance with DBA requirements, including applicable DOL wage determination; (c) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contactors at any tier, including any non-compliances identified as the result of reviews performed pursuant to paragraph (b) above; (d) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non- compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (e) Provide DOE with detailed information regarding the resolution of any DBA non- compliance issues; (f) Perform services in support of DOE investigations of complaints filed regarding

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noncompliance by Subrecipient and Contractors with DBA requirements; (g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested the Contracting Officer; and (h) Provide copies of all records upon request by DOR or DOL in a timely manner.

(2) All records maintained on behalf of the DOE in accordance with paragraph (1) above are federal government (DOE) owned records. DOE or an authorized representative shall be granted access to the records at all times.

(3) In the event of, and in response to any Freedom of Information Act, 5 U.S.C. 552, request submitted to DOE, Recipient shall provide such records to DOE with five (5) business days of receipt of a request from DOE.

Instructions for Completing Payroll Form, WH-347 (As Posted on the Department of Labor website) General: The use of the WH-347 payroll is not mandatory. This form has been made available for the convenience of Contractors and sub-contractors required by their Federal or Federally-aided construction-type contracts and sub-contractors to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Part 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts. This form meets needs resulting from the amendment of Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the Contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates. The Contractor’s obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the Contractor’s showing on the face of the payroll all monies to the employees, whether as basic rates or as cash in lieu of fringes and provides for the Contractor’s representation in the statement of compliance on the rear of the payroll that he is paying to other fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Sub-contractor: Fill in your firm’s name and check appropriate box. Address: Fill in your firm’s address. Column 1 – Name, Address, and Social Security Number of Employee: The employee’s full name and Social Security Number must be shown on each weekly payroll submitted. The employee’s address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless the address changes. Column 2 – Withholding Exemptions: This column is merely inserted for the employer’s convenience and is not a requirement of Regulations, Part 3 and 5.

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Column 3 – Work Classifications: List classification descriptive of work actually performed by employees. Consults classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown or hours so worked is maintained and shown on submitted payroll by use of separate entries. Column 4 – Hours Worked: On all contracts subject to the Contract Work Hours Standard Act enter as overtime hours worked in excess of eight (8) hours per day and forty (40) hours a week. Column 5 – Total: Self-explanatory. Column 6 – Rate of Pay, including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See “Fringe Benefits” below. In overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See “Fringe Benefits” below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined rate for the classification, which the employee works, the Contractor shall pay to approval plans, funds, or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract. See “FRINGE BENEFITS” below. FRINGE BENEFITS – Contractors who pay all required fringe benefits: A Contractor who pays fringe benefits to approved plans, funds, or programs in amount not less than were determined in the applicable wage decision on the Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a Contractor shall check paragraph 4 (a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4 (c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the Contractor shall check paragraph 4 (b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4 (c). Use of Section 4 (c), Exceptions Any Contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determined requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4 (a) or 4 (b), whichever the Contractor may check, shall be entered in Section 4 (c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The Contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount

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not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4 (c). The rate paid and amount of cash paid in lieu of fringe benefits per hours should be entered in column 6 on the payroll. See paragraph on “Contractors who pay no fringe benefits” for computation of overtime rate. Column 7 – Gross Amount Earned: Enter gross amount earned on this project. If part of the employee’s weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus $63.00/$120.00 Column 8 – Deductions: Five columns are provided for showing deductions made. If more than five deductions should be involved, use first 4 column; show the balance deductions under “Other” column; show actual total under “Total Deductions” column; and in the attachment to the payroll describe the deduction contained in the “Other” column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wage. Column 9 – Net Wages Paid for Week: Self-explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the Contractor so desires. Statement Required by Regulations, Part 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, possible imprisonment of five (5) years or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Space has been provided between item (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the “Deductions” column above, state “See Deductions column in this payroll.” See paragraph entitled “FRINGE BENEFITS” above for instructions concerning filling out paragraph 4 of the statement.

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NWACC JOB ORDER CONTRACTING (JOC)

For Construction Services

PART II

NWACC General Requirements

Section 0009 Summary of Work Section 0010 Site Conditions Section 0011 Protection of the Environment Section 0012 Safety Requirements and Protection of Property Section 0013 Submittals During Construction Section 0014 Schedule and Sequence of Operation Section 0015 Quality Control Section 0016 Control of Welding, Cutting, and Brazing Section 0017 Temporary Construction Facilities Section 0018 Material and Equipment Handling, Storage, and Protection Section 0019 Contract Closeout Section 0020 Clean-up Section 0021 Record Documents Section 0022 Contract/Work Plan Document Templates

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SUMMARY OF WORK

SECTION 0009

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SUMMARY OF WORK SECTION 0009

PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED

A. Requirements and extent of work are stated in the applicable Job Order. The

Contractor shall, except as otherwise specifically stated herein or in any applicable parts of the Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, and completion of his work.

B. If there should be a conflict between the General Conditions or Supplementary Conditions and any other Section (s) of this Project Manual, the Owner must be contacted to determine which takes precedence.

1.02 REASONABLY IMPLIED PARTS OF THE WORK SHALL BE DONE THOUGH ABSENT FROM SPECIFICATIONS

A. Any part of the work which is not mentioned in the Specifications but is shown on the Drawings, or any part not shown on the Drawings but described in the Specifications, or any part not shown on the Drawings nor described in the Specifications, but which is necessary or normally required as a part of such work, or is necessary or required to make each installation satisfactorily and legally operable, shall be performed by the Contractor as incidental work without extra cost to the Owner, as if fully described in the Specifications and shown on the Drawings, and the expense thereof shall be included in the applicable pay.

1.03 DESCRIPTION OF PROJECT

A. Work included in these Contract Documents includes: 1. Mobilization/Demobilization 2. Traffic Control 3. Erosion Control

B. All other work items to constitute a complete project, including trench and excavation safety system, if applicable.

PART 2 PRODUCTS 2.01 MATERIALS A. Products shall be of the standard described in the uniform price book (UPB) unless otherwise specifically called for.

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PART 3 CONTRACTOR RESPONSIBILITIES 3.01 GENERAL CONSTRUCTION WORK

A. The Contractor shall execute all work, including the work described, as well as final clean-up.

B. The Contractor shall coordinate his work with the Architect/Engineer, the NorthWest Arkansas Community College Construction Department, and the City of Bentonville, including the utility companies.

C. When needing to block traffic, the Contractor shall keep one lane of traffic open at all times and both lanes of traffic open at night, weekends, holidays or other occasions when not working.

3.02 DRAWINGS/SPECIFICATIONS/WORK DETAIL A. Drawings will be issued, if needed, with each Job Order B. Specification on products used, materials and application for Job Order work will be provided. C. Work plan, safety plan, parking plan, and work schedule shall be provided as needed on each Job Order.

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SITE CONDITIONS

SECTION 0010

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SITE CONDITIONS SECTION 0010

PART 1 GENERAL 1.01 SITE INVESTIGATION AND REPRESENTATION

A. The Contractor acknowledges by submission of his Job Order price proposal that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this contract.

B. The Contractor further acknowledges by submission of his Bid that he has satisfied himself as to the character, quality, and quantity of materials to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work.

C. In the event subsurface or latent physical conditions are found materially different from those indicated in the Job Order, and differing materially from those ordinarily encountered in the project area and generally recognized as inhering in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the CFPD in writing of such changed conditions.

D. The CFPD will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed.

1.02 EXISTING UTILITIES

E. Existing utilities in the vicinity of the project may include overhead and underground

electric and telephone lines; fiber optic cable, underground water, sanitary sewer systems and gas where located. The Contractor shall pay extra attention while working on and around the locations of utilities. The Contractor should coordinate with the City of Bentonville, NorthWest Arkansas Community College or their respective owner if questions or issues pertain to the existing utilities arises. No compensation will be paid to the Contractor, due to costs associated with damages to utilities or to costs associated with locating/avoiding same. The Engineer and Owner will cooperate with the Contractor and utility firms where possible, to reasonably avoid existing utilities.

1.03 CONTRACTOR’S RESPONSIBLY FOR UTILITY PROPERTIES AND SERVICE

A. Not used.

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1.03 PAYMENT A. No separate payment will be made for work under this Section.

PART 3 EXECUTIONS

A. Not used.

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PROTECTION OF THE ENVIRONMENT

SECTION 0011

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PROTECTION OF THE ENVIRONMENT SECTION 0011

PART 1 GENERAL 1.01 WORK AREAS

A. The Contractor shall maintain all work areas within and outside the project boundaries free from environmental pollution, which would be in violation to any federal, state, or local regulations.

1.02 STORM WATER AND EROSION CONTROL

A. The Contractor shall comply in all ways with the Arkansas Department of Environmental Quality (ADEQ) Requirements for areas disturbed. This especially pertains to control of erosion/sediment from the construction areas. Use hay bales and silt fences where needed.

1.03 PROECTION OF AIR QUALITY

A. Trash burning will not be permitted on the construction site.

B. If temporary heating devices are necessary for protection of the work, such devices shall be of an approved type that will not cause pollution of the air.

1.04 CONSTRUCTION NOISE CONTROL

A. The Contractor shall conduct all his work, use appropriate construction methods and equipment, all as necessary so that noise emanating from the process or any related tool or equipment will not be disturbing to adjacent residents. If necessary, this will be justification for adjusting the allowable hours of work set out in the Supplementary Conditions.

PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used.

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SAFETY REQUIREMENTS

AND PROTECTION OF PROPERTY

SECTION 0012

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SAFETY REQUIREMENTS AND PROTECTION OF PROPERTY SECTION 0012

PART 1 GENERAL 1.01 CONTRACTOR’S RESPONSIBILITY FOR SAFETY

A. The Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours.

1.02 FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS

A. Safety provisions shall conform to the Federal and State Department of Labor Occupational Safety Health Act (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements shall be followed. The Contractor’s failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein.

1.03 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS

A. The Contractor shall at all times provide proper facilities for safe access to the work by authorized government officials.

1.04 CONSTRUCTION SAFETY PROGRAM

A. Prior to any commencement of work the Contractor in conjunction with the CFPD will provide a safety plan detailing the requirements to do all work in a safe and efficient manner while providing the occupants safety and integrity of NWACC facilities. B. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. C. The duty of the CFPD to conduct construction review of the Contractor’s performance is not intended to include a review or approval of the adequacy of the Contractor’s safety supervisors, the safety program, or any safety measures taken in, on, or near the construction site.

1.05 SAFETY EQUIPMENT

A. The Contractor, as part of his safety program, shall maintain at his on site office or other well-known place at the job site, safety equipment applicable to the work as prescribed by the governing safety authorities, all articles necessary for giving first-aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor’s

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care of any person who may be injured on the job site.

B. The performance of all work and all completed construction, particularly with respect to ladders, platforms, structure openings, scaffolding, shoring, lagging, machinery guards and the like, shall be in accordance with the applicable governing safety authorities.

C. During construction, the Contractor shall construct and at all times maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steel plates, as applicable, at all opening, obstructions, or other hazards in sidewalks, floors, roofs, walkways, parking areas and driveways. All such barriers shall have adequate warning lights as necessary, or required, for safety.

1.06 ACCIDENT REPORTS

A. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the CFPD. In addition, the Contractor must promptly report in writing to the CFPD all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses.

B. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the CFPD, giving full details of the claim.

1.07 TRAFFIC SAFETY AND ACCESS TO PROPERTY

A. Comply with all rules and regulations of the state authorities regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by express written permission of the Owner. Conduct the work so-as-to-assure the least possible obstruction to traffic and normal commercial pursuits. Protect all obstructions within traveled roadways by installing approved signs, barricades, and lights where necessary for the safety of the public. The convenience of the general public and residents adjacent to the project, and the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner.

B. When flagman and guards are required by regulation or when deemed necessary for safety, they shall be furnished with approved orange wearing apparel and other regulation traffic control devices.

1.08 TRAFFIC CONTROL

A. Traffic control procedures and devices used on all local, county, and state rights-of-way shall meet the requirements of the applicable current laws and regulations for traffic control.

1.09 ACCESS FOR POLICE

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A. The Contractor shall leave his night emergency telephone number or numbers with the Police Department, so that contact may be made easily at all times.

1.10 FIRE PREVENTION AND PROTECTION

A. The Contractor shall perform all work in a fire-safe manner and shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable federal, local, and state fire-prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations, (NFPA No. 241) shall be followed.

1.11 CONTRACTOR TO SAFEGUARD EXISTING UTILITIES

A. The Contractor shall perform all work, including excavation, dewatering, and demolition operations, in such a manner as to avoid damage to existing water mains, fire hydrants, sewer lines, gas mains, telephone and TV cables, power poles, lighting standards, and all other existing utilities, public or private. See Section 0010, SITE CONDITIONS.

1.12 A. The Contractor shall employ such means and methods as necessary to

adequately protect public and private property against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property.

B. The Contractor shall exercise due care to avoid damage to existing pipe and coatings,

wrappings, sewers, conduit, or other existing utilities. Should be Contractor damage or displace any of the above, the Contractor shall repair same to the satisfaction of the Engineer and all expenses in connection therewith shall be borne solely by the Contractor.

PART 2 PRODUCTS Not used. PART 3 EXECUTIONS Not used.

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SUBMITTALS DURING CONSTRUCTION

SECTION 0013

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SUBMITTALS DURING CONSTRUCTION SECTION 0013

PART 1 GENERAL 1.01 SUBMITTALS

A. This Section outlines in general the items that the Contractor must prepare or assemble for submittal during the progress of the work. Costs for the work under this Section shall be included in the appropriate items of the Contractor’s bid prices. There is no attempt herein to state in detail all of the procedures and requirements for each submittal. The Contractor’s attention is directed to the individual Specification Sections in these Contract Documents, which may contain additional and special submittal requirements. The Owner reserves the right to direct and modify the procedures and requirements for submittals as necessary to accomplish the specific purpose of each submittal. Should the Contractor be in doubt as to the procedure, purpose, or extent of any submittal, he should direct his inquiry to CFPD.

1.02 ADMINISTRATIVE SUBMITTALS

A. The Contractor shall provide all of the submittals required by the General Conditions, Supplementary Conditions, and as may be specifically required in other parts of these Documents or the Job Order.

B. The Contractor is reminded of his obligation as required by law to make required submittals promptly to the applicable Federal, state, or local agency. Failure to comply with this requirement may result in the withholding or progress payments and make the Contractor liable for other prescribed action and sanctions.

PART 2 TECHNICAL SUBMITTALS 2.01 GENERAL

A. Requirements in this Section are in addition to any specific requirements for submittals specified in other Divisions and Sections of these Contract Documents.

B. Submittals to the CFPD shall be addressed to: Executive Director of Construction Management, One College Drive, Bentonville, AR 72712.

C. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents and Job Order.

D. Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by the Contractor shall not add to the Contract amount, and all additional costs which may result there from shall be solely the obligations of the Contractor.

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E. The Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work of materials therefore.

F. It shall not be the responsibility of the Owner to provide engineering or other services to protect the Contractor from additional costs accruing from such approvals.

G. No equipment or material for which listings, drawings, or descriptive materials is required shall be fabricated, purchased, or installed until the CFPD has on hand copies of such approved lists and the appropriately stamped final shop drawings.

H. Submittals will be acted upon by the CFPD as promptly as possible, and returned to the Contractor not later than the time allowed for review in SHOP DRAWING SUBMITTAL PROCEDURE or the Job Order. Delays caused by the need for re-submittals shall not constitute reason for an extension of Contract time.

2.02 SHOP DRAWING SUBMITTAL PROCEDURE

A. See General and Supplementary Conditions. 2.03 TRANSMITTAL OF CONTRACTOR’S SUBMITTAL FORM

A. Each shop drawing submittal shall be accomplished by a Transmittal of Contractor’s Submittal form. The form shall be completely filled in with all applicable information; failure to do so may result in rejection of the submitted items.

2.04 SHOP DRAWING REQUIREMENTS

A. Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field-fabricated items. The Contractor shall submit, as applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment:

1. GENERAL a. Shop drawings or equipment drawings, including dimensions, size and location of connection to other work, and weight of equipment. b. Catalog information and cuts. c. Installation or placing drawings for equipment, drives, and bases. d. Supporting calculations for equipment and associated supports, or hangers required or specified to be designed by equipment manufactures. e. Complete manufacturer’s specifications, including materials description and paint system.

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f. Performance data. g. Suggested spare parts list with current price information. h. List of special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics.) i. List of special tools furnished with the equipment. j. List of materials and supplies required for the equipment prior to, and during start-up. k. List of materials and supplies furnished with the equipment. l. Samples of finish colors for selections. m. Special handling instructions. n. Requirements for storage and protection prior to installation. o. Requirements for routine maintenance required prior to start-up.

2.05 SUBMITALS REQUIRED FOR FOREIGN-MANFACTURED ITEMS

A. In addition to the submittal requirements stated above, suppliers of foreign-manufactured items shall submit the names and addresses of companies within the United States that maintain technical service representatives and complete inventory of spare parts and accessories for each foreign-made item proposed for incorporation into the work. Failure to prove the foregoing capabilities shall be just cause for rejection of the foreign-manufactured items.

2.06 RECORD DRAWINGS

A. Two weeks prior to Final Inspection, the Contractor shall submit to the CFPD a current listing and description including marked-up prints of each change incorporated into the work since the Job Order was issued. Commonly referred to as “As Built Drawing(s)”.

2.07 SUBMITTAL OF INTERFACE INFORMATION (CONNECTION AND CORRELATION WITH OTHER WORK)

A. Where called for in the Job Order, and as determined necessary by the CFDP to provide proper correlation with other equipment, complete interface information shall be submitted. This interface information shall be accurate, and contain all information necessary to allow the completion of detail design and construction of the interfacing or connecting work. The Contractor shall include in his negotiation for subcontract work, such agreements as many be necessary to ensure the accuracy of subcontractor’s

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interface submittal information. In the event additional costs are incurred due to subsequent changes to information given in said interface information, such additional costs shall be borne by the Contractor.

2.08 SAMPLE AND TEST SPECIMENS

A. Where required in the Job Order, test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the Work shall be submitted to the CFPD at the Contractor’s expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and test to establish the quality or equality thereof, as applicable.

B. All samples and test specimens shall be submitted in ample time to enable the CFPD to make any tests or examinations necessary without delay to the work. The Contractor will be held responsible for any loss of time due to his neglect or failure to deliver the required samples to the CFPD, as specified.

C. The Contractor shall submit additional samples as required by the CFPD to ensure equality with the original approved sample and/or for determination of Job Order compliance.

D. Laboratory tests and examinations that the Owner elects to make at its own laboratory will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the Specifications, the cost of testing subsequent samples shall be borne by the Contractor.

E. All tests required by the Specifications and/or Job Order are to be prepared by an independent laboratory shall be made by an approved laboratory. Certified test results of all specified test shall be submitted in duplicate to the CFPD. The samples furnished and the cost for the laboratory services shall be at the expense of the Contractor and included in the prices bid for the associated work.

2.09 CERTIFICATE OF COMPLIANCE

A. A Certificate of Compliance (Section 0022.15) shall be furnished for material specified t a recognized standard or code prior to the use of any such materials in the work. The CFPD may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly indentified in the certificate.

B. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used o the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether

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in place or not.

C. The CFPD reserves the right to refuse permission for use as material on the basis of a Certificate of Compliance.

D. The form of the Certificate of Compliance and its disposition shall be as directed by the CFPD.

E. Where Certification of Compliance is required, the Contractor shall obtain form the supplier/manufacturer a certification stating that the particular piece of equipment or system will satisfy all requirements stated in the related Job Order.

PART 3 EXECUTION Not used.

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SCHEDULE AND SEQUENCE OF OPERATION

SECTION 0014

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SCHEDULE AND SEQUENCE OF OPERATION SECTION 0014

PART 1 GENERAL 1.03 SEQUENCE OF CONSTRUCTION

A. Where critical, the sequence/schedule of construction will be established in each Notice to Proceed.

PART 2 PROGRESS OF THE WORK GENERAL

A. The work shall be started on the date specified in the Notice to Proceed from the Owner, and the work shall be executed with such progress as may be required to prevent and delay to other contractors or to the general completion of the project.

B. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment to assume completion of the work in the time established by the Job Order.

C. Work shall commence only after a Job Purchase Order and Notice to Proceed are in Contractors possession.

2.02 OVERTIME NOTICE

A. See GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS 2.03 OVERALL SCHEDULE

A. The Contractor shall prepare and submit to the Owner at or before the preconstruction conference, a comprehensive detailed Overall Schedule. The Overall Schedule shall be comprised of construction operations sequences covering all work to be done in connection with the Job Order(s).

B. The Overall Schedule covering work to be executed under the Job Order shall be of sufficient detail and shall have minimum of work activities. The final total number of activities shall be subject to the approval of the CFPD. A work activity is defined as an activity for which manpower is required and must be performed before the project is considered complete.

C. The Overall Schedule shall indicate the sequence of work and the time of starting and completion of each part. It shall include, but not be limited to, the following items, as they pertain to the respective contractors: 1. Shop drawing receipt from Contractor, submitted to the CFPD, review, and return to contractor.

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2. Material and equipment order, manufacture, delivery, installation, and check- out. 3. Performance tests and supervisory service activities. 4. Construction sequence and duration of each activity. 5. Final cleaning. 6. Allowance for inclement weather.

PART 3 EXECUTION A. Not used.

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QUALITY CONTROL

SECTION 0015

126

QUALITY CONTROL SECTION 0015


B. General Quality Control.

C. Workmanship.

D. Manufacturer’s Instructions.

E. Manufacturer’s Certification.

F. Mockups.

G. Manufacturer’s Field Service.

H. Testing Laboratory Services. 1.02 RELATED REQUIREMENTS

A. Section 01300 – Submittals: Submittal of Manufacturer’s Instructions. 1.03 QUALITY CONTROL, GENERAL

A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

1.04 WORKMANSHIP

A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship.

B. Perform work by persons qualified to produce workmanship of specified quality.

C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking.

1.05 MANUFACTURER’S INSTRUCTIONS

A. Comply with instructions if full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from CFPD before proceeding.

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1.06 MANUFACTURER’S CERTIFICATES

A. When required by individual Job Order, submit Manufacturer’s Certificate, in duplicate, that products meet or exceed specified requirements.

1.07 MOCKUPS

A. Not used. 1.08 MANUFACTURER’S FIELD SERVICES

A. Not used. 1.09 TESTING LABORATORY SERVICES (When required by Owner in writing)

A. Owner will employ a Testing Laboratory to perform inspections, tests, and other services required by individuals Specification Sections.

B. Except where otherwise specifically require by the specifications the Owner shall pay for initial testing. If, however, any test fails, the Contractor must pay for all retesting.

C. Services will be performed in accordance with requirements of governing authorities and with specified standards.

D. Reports will be submitted to the CFPD and the Contractor giving observations and results of tests, indicating compliance or non-compliance with specific standards and with Contract Documents.

E. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, equipment, storage and assistance as requested.

1. Notify CFPD/Testing Laboratory twenty four (24) hours prior to expected time for operations requiring testing services.

2. Make arrangements with Testing Laboratory and pay for additional samples and tests for Contractor’s convenience.

PART 2 PRODUCTS Not used. PART 3 EXECUTIONS Not used.

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CONTROL OF WELDING, CUTTING, AND

BRAZING (HOT WORK PERMIT)

SECTION 0016

129

CONTROL OF WELDING, CUTTING, AND BRAZING SECTION 0016

PURPOSE: The following policy and operating procedures are established to ensure that NorthWest Arkansas Community College complies with state and federal regulations for safe control of welding, cutting, and brazing work operations. REFERENCE: For establishing a policy that insures full compliance with state and federal regulations, the following publications are adopted by reference. 29 CFR 1910.252 Subpart Q, Occupational Safety and Health Administration (OSHA) General Requirements – Welding, Cutting, and Brazing. OSHA 29 CFR 1926 Subpart J – Welding and Cutting (1926.350 to 1926.354). NFPA 51B – Fire Prevention in the Use of Cutting and Welding Processes. DEFINITIONS:

1. Welder means any operator of electric or gas welding and cutting equipment also brazing and open flame soldering. All other welding terms are used in accordance with the American Welding Society.

2. A hot work permit program is the process of controlling any operation where heat, sparks, or flames are created during the work process. The hot work permit authorizes this hot work.

3. A Hot Work Permit is the device used to document this process. It can be in the form of a simple one-page document. (See Section 0022.11)

GENERAL REQUIREMENTS Fire Prevention and Protection – The basic precautions for fire prevention in welding and cutting work are:

1. Fire Hazards. If the object to be welded, brazed, soldered, or cut cannot readily be moved, all moveable fire hazards (flammable materials) in the vicinity shall be taken to a safe place.

2. Guards. If the object to be welded, brazed, soldered, or cut cannot be moved and if all the fire hazards cannot be removed, then guards shall be used to confine the heat, sparks and slag and to protect the immovable fire hazards. A hot work permit will not be required in designated areas where these screens are utilized to prevent fire hazards such as the Welding Shop, A/C Shop, Co-Gen Shop, Garage Shop, Plumbing Shop and the Electrician Shop, or areas on campus where moveable fire safety screens are used when hot works processes are carried out.

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3. Restrictions. If the requirements mentioned above cannot be followed, then welding, brazing, open flame soldering, and cutting shall not be performed.

4. Special Precautions. When the work to be performed requires guards, certain additional precautions may be necessary. a. Combustible Material. Whenever there are openings or cracks in the floor, precautions shall be taken so that no readily combustible materials on the floor below will be exposed to sparks that might drop through the floor. The same precautions should be observed for cracks or holes in walls, open doorways, and open or broken windows. b. Fire Extinguisher. Suitable fire extinguishing equipment shall be maintained in a state of readiness. Pails of water, buckets of sand, hose, or portable extinguishers shall be used. c. Fire Watch. Fire watchers shall be required whenever welding, brazing, open flame soldering, or cutting is performed in locations where a fire might develop or any of the following conditions exists: 1) Appreciable combustible material in building construction or contents closer than 35 feet to the point of operation. 2) Appreciable combustibles are more than 35 feet away but are easily ignited by sparks. 3) Wall or floor openings within 35-foot radius expose combustible material in adjacent areas including concealed spaces in walls and floors. 4) Combustible materials are adjacent to the opposite side of metal partitions, walls, ceilings, or roofs, and are likely to be ignited by conduction or radiation.

Fire watchers shall have extinguishing equipment readily available and be trained in its use. In situations that require a hot work permit, a fire watch shall be maintained for up to four (4) hours after completion of welding, brazing, open flame soldering, or cutting operations to detect and extinguish possible smoldering fires. When the hot work mechanic is certain that there is no possibility of smoldering fires, the fire watch may be terminated. 5. Authorization. When the presences of Fire Hazards require the issuance of a Hot Work Permit, the

shop supervisor in charge of cutting, welding, brazing, or open flame soldering project shall inspect the area on campus where the hot work will take place and complete the hot work permit from (both sides). He/She will then present the permit form to the Executive Director of Construction, or in his absences, his designate, for his signature, thereby authorizing the hot work permit. This form will be kept at the hot work site until the job is completed and then will be logged and filed in the Executive Director of Construction. The Contractor performing the work may wish to file a copy in their project records. (See Attachment #1.)

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In the event that hot work is required to be accomplished after normal working hours or on weekends or holidays, verbal authorization may be acquired via telephone and/or email from the Executive Director of Construction on an emergency basis. The Hot Work Permit Form will then be filled out and signed on the next workday.

6. Floors. Combustible floors shall be kept wet, covered with damp sand or protected by fire-resistant shields. Personnel operating arc welding or cutting equipment shall be protected from possible shock. Prohibited Areas. Cutting or welding shall not be permitted in the following areas: a. In areas not authorized by management. b. In sprinkled building while such protection is impaired. c. In the presence of explosive atmospheres. d. In areas near the storage of large quantities of exposed, readily ignitable materials such as bulk sulfur, baled paper, or gasoline, etc.

7. Prohibited Areas. a. In areas not authorized by management. b. In sprinkled buildings while such protection is impaired. c. In the presence of explosive atmospheres. d. In areas near the storage of large quantities of exposed, readily ignitable materials such as bulk sulfur, baled paper, or gasoline etc.

8. Relocation of Combustibles. Where practicable, all combustibles shall be relocated at least 35 feet from the work site. Where relocation is impractical, combustibles shall be protected with flameproof screens.

9. Ducts. Ducts that might carry sparks to distant combustibles shall be suitably protected or shut down.

10. Walls. a. Combustible Walls. Fire resistant shields or guards shall be provided to prevent

ignition. b. Noncombustible Walls. Precautions shall be taken to prevent ignition of combustibles on the other side, due to conduction or radiation, preferably by relocating combustibles. Where combustibles are not relocated, a fire watch on the opposite side from the work shall be provided.

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11. Combustible Cover. Welding shall not be attempted on a metal partition, wall, ceiling, or roof having a combustible covering or on walls or partitions of combustible sandwich-type panel construction.

12. Pipes. Cutting, brazing, open flame soldering, or welding on pipes or other metal in contact with combustible walls, partitions, ceiling, or roofs shall not be undertaken if the work is close enough to cause ignition by conduction.

13. Used Containers. No welding, cutting, or other hot work shall be performed on used drums, barrels, tanks, or other containers until they have been cleaning up thoroughly as to make certain that there are no flammable materials present.

RESPONSIBILITIES:

1. Management. Management shall recognize its responsibility for the safe usage of cutting and welding equipment on cam[us and: a. Designate an individual responsible for authorizing cutting, brazing, open flame soldering, and welding operations in areas not specifically designed for such processes. b. Insist that cutters, braziers, soldiers or welders and their supervisors are suitably trained in the safe operation of their equipment and the safe use of the processes. c. Advice all contractors about flammable materials or hazardous conditions of which they may not be aware.

2. The Supervisor. The supervisor shall: a. Be responsible for the safe storage handling and use of the cutting, brazing, open flame soldering, or welding equipment. b. Determine the combustible material and hazards present in the work location. c. Protect combustibles form ignition by the following: 1) Have the work moved to a location free from dangerous combustibles.

2) Have the combustibles moved to a safe distance from the work or have the combustibles properly shielded against ignition.

3) See that work operations that might expose combustibles to ignition are not started during cutting or welding.

4) Secure authorization for the cutting or welding operations from the designated management representative.

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5) List the employees in their shop that are authorized to perform the various hot work tasks.

6) Determine that conditions are safe before going ahead.

7) Determine that fire protection and extinguishing equipment are located at the site.

8) See that fire watches are available at the site, where required.

d. Inform the Construction Department before hot work begins so that the fire suppression system can be disabled in the affected building. After the job is completed, inform Tech Services so that the fire suppression system can be re- enabled.

3. Workers – Cutters, Braziers, Solders, and Welders will do the following:

4. Outside contractors shall comply with the NWACC Construction Department hot work permit policy and procedure statement or use a policy that meets or exceeds this policy and shall provide a copy of said policy to the Executive Director of Construction prior to the start of work.

5. Other departments, such as Technology and Agriculture, that use hot work processes, shall comply with this program or use an equal hot work permit system.

TRAINING: All NorthWest Arkansas Community College employees or contractors who engage in welding, cutting, brazing or open flame soldering activities shall attend a one-time training session in which this policy will be presented by the NorthWest Arkansas Community College Construction Department. A review of safe oxyacetylene procedures will be included in this training session. As new employees who are required to engage in these activities are hired, they will be required to attend a training session covering this policy and safe oxyacetylene procedures. Also at any time a supervisor want his/her shop employees to review this policy and/or safe oxyacetylene procedures, the training coordinator will present an appropriate training session. REVIEW AND REVISION OF HOT WORK POLICY: The Hot Wire Policy will be reviewed and revised, if necessary, during June of each numbered year. Approved: _________________________________ Approved: _________________________________

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TEMPORARY CONSTRUCTION FACILITIES

SECTION 0017

135

TEMPORARY CONSTRUCTION FACILITIES SECTION 0017

PART 1 GENERAL 1.01 LAYOUT OF TEMPORARY FACILITIES A. The College will make every effort to provide the Contractor area(s) for offsite office, equipment, and storage of materials prior to starting any work or mobilization. Arrangements will be made as to security for this area.

B. The Contractor shall make his own arrangements for storage of materials and equipment in locations on and off the construction site. Security of the construction work, materials, and equipment is the sole responsibility of the Contractor. C. Due to limited availability of space near the college’s campus, the Contractor will likely use the construction site for storage of equipment and materials. In doing so, he must take great care to avoid damage to trees and vegetation that are to remain. All damaged areas must be restored appropriately. D. The cost associated with using any storage facilities located at the Proposer’s HQ’s facility is to be included in his coefficient. On-site storage areas/buildings utilized at the Contractor’s option should also be included in his coefficient. Where the CFPD representative requires a field storage building(s), the J.O.C. Job Order Estimate Summary will include a specific line item for that cost. E. Contractors and sub-contractors should be aware of all college buildings and campuses are Smoke Free and no smoking in these areas is strictly enforced.

1.02 STORAGE BUILDINGS A. The Contractor shall erect or provide as approved, temporary storage buildings of the

various sizes as required for the protection of mechanical and electrical equipment and materials as recommended by manufacturer of such equipment and materials. The buildings shall be provided with such environmental control systems that meet recommendations of manufacturers of all equipment and materials stored in the buildings. The buildings shall be of sufficient size and so arranged or partitioned to provide security for their contents and provide ready access for inspection and inventory. At or near the completion of the work, and as directed by the CFPD, the temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor.

B. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well-ventilated building removed from other buildings.

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1.03 STORAGE YARDS A. The Contractor shall construct temporary storage yards for the storage of materials that

are not subject to damage by weather conditions. Materials such as pipe, reinforcing and structural steel, shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection ad inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the CFPD. Storage areas shall be restored to their initial condition once they are no longer needed.

1.04 CONTRACTOR’S WORK AREA

A. The Contractor shall limit his operations and storage of equipment materials to the areas

authorized by individual property owners and approved by the CFPD.

B. The Contractor shall maintain the area during construction in a manner that will not obstruct operations of any existing roads. He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. The cleanliness and maintenance of this area will have strong reflection on the final work approval of the Contractor and their sub-contractor.

1.05 TEMPORARY ACCESS ROADS AND PARKING

A. The Contractor shall construct temporary construction access roads, parking areas, and detours as are required to execute the work. The roads shall meet with the approval of the CFPD, and be maintained in good condition until no longer needed; at which time the temporary roads shall be removed and the area left in a condition satisfactory to the property owner and CFPD.

B. Temporary parking is a critical issue and care must be taken by the Contractor to park ONLY in owner approved locations. Any ticket or citation to the Contractor for parking violations must be settled with the appropriate authority prior to the issuance of final payment.

C. Costs associated with the construction (and removal) of temporary access roadways to the actual work site, where required, will be part of the Job Order Estimate Summary. However, all costs associated with making arrangements for on-campus parking must be included as a part of the Proposer’s coefficient. So long as it does not interfere with his work, the Contractor may allow work force parking within the construction site; however, any costs associated with this shall be included in his coefficient.

1.06 TEMPORARY WATER CONTROL

A. The Contractor’s operations shall not result in nay diversions to existing surface water

drainage ways.

B. During the initial site visit to identify the scope of work to be performed by the Contractor, the extent of temporary water control required should be discussed. The

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costs, if any, associated with this effort shall be identified by a specific line item in the J.O.C. Cost Estimate.

PART 2 UTILITIES 2.01 CODES AND SAFETY

A. If required the Contractor shall be responsible for obtaining inspection and paying for permits required for the installation of all temporary utilities. Also, the Contractor shall be solely responsible for the safe use/operation of all temporary utilities.

2.02 SANITARY FACILITIES

A. The Contractor shall provide and maintain sanitary facilities for his employees and his subcontractor’s employees that will comply with the regulations of the local and State health departments and as directed by the CFPD.

B. All costs associated with providing sanitary facilities for his work force (and that of his subcontractors and material suppliers) will be included in the Proposer’s coefficient.

2.03 PROTECTION OF THE FINISHED CONSTRUCTION

A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state.

2.04 REMOVAL OF TEMPORARY FACILITIES AND UTLITIES

A. At such time or times any temporary construction facilities and utilities are no longer required for the work, the Contractor shall notify the CFPD of his intent and schedule for removal of the temporary facilities and utilities, and obtain the CFPD’s approval before removing the same. As approved, the Contractor shall remove the temporary facilities and utilities from the site as his property and leave the site in such condition as specified, as directed by the CFPD, and/or as shown on the Drawings.

B. In unfinished areas, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded as necessary, and left with an appearance equal to, or better than, original.

PART 3 EXECUTIONS Not use

138

MATERIAL AND EQUIPMENT HANDLING, STORAGE

AND PROTECTION

SECTION 0018

139

MATERIAL AND EQUIPMENT HANDLING, STORAGE AND PROTECTION

SECTION 0018


A. Products.

B. Transportation and handling.

C. Storage and protection.

1.02 RELATED REQUIREMENTS

A. Section 0009 – Summary of Work

B. Section 0015 – Quality Control: Submittal of Manufacturer’s Certificate

1.03 PRODUCTS

A. Products include material.

B. Comply with Specifications/Job Order and referenced standards as minimum

requirements.

C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable.

D. Do not use materials and equipment removed from existing structure.

1.04 TRANSPORTTION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged

condition in manufacturer’s unopened containers or packing dry.

B. Provide equipment and personnel to handle products by methods to prevent soiling or damage.

C. Promptly insert shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.

1.05 STORAGE AND PROTECTION

A. For exterior storage of fabricated products, place on sloped supports above ground.

Cover products subject to deterioration with impervious sheet covering; provide

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ventilation to avoid condensation.

B. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter.

C. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions.

1.06 PRODUCT OPTIONS A. Not used.

1.07 PRODUCTS LIST

A. Not used.

1.08 SUBSTITUTIONS

A. Document each request for substitution with complete data substantiating compliance of

proposed substitution with Contract Documents.

B. Request constitutes a representative that Contractor. 1. Has investigated proposed product and determined that it meets or exceeds, in all

respects, specified product.

2. Will provide the same warranty for substitutions as for specified product.

3. Will coordinate installation and make other changes, which may be required for work to be completed in all respects.

4. Waives claims for additional cost, which my subsequently become apparent.

C. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents, or when said substitution will not result in significant cost savings to the Owner, or results in some material advantage being gained by the Owner.

D. The CFPD will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time following the opening of bids.

E. Only one request for substitution will be considered for each product. When substitution is not accepted, provide specified product.

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1.09 SYSTEMS DEMONSTRATION A. Not used.

PART 2 PRODUCTS

A. Not used.

PART 3 EXECUTION

A. Not used.

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CONTRACT CLOSEOUT

SECTION 0019

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CONTRACT CLOSEOUT SECTION 0019

PART 1 GENERAL 1.01 SCOPE

A. This section outlines the procedures to be followed in closing out all contracts.

1.02 SUBSTANTIAL COMPLETION (Section 0022.10)

A. The substantial completion date shall be established as stated in the Job Order.

1.03 FINAL INSPECTION A. After final cleaning and upon written notice from the Contractor that the work

is completed, the CFPD and/or Design Professional will make a preliminary inspection with the Contractor present. Upon completion of this preliminary inspection, the CFPD will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete.

B. Upon receiving written notice from the CFPD the Contractor shall immediately undertake the work required to remedy defects and complete the work to the satisfaction of the Owner.

C. When the Contractor has corrected or completed the items as listed in the CFPD’s written notice, he shall inform the CFPD, in writing, that the required work has been completed. Upon receipt of this notice, the CFPD, and/or Design Professional in the presence of the Contractor, shall make his final inspection of the project.

D. Should the CFPD find all work satisfactory at the time of his inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the General Contractor. Should the CFPD still find deficiencies in the work, the CFPD will inform the Contractor of the deficiencies and will deny the Contractor’s request for final payment until such time as the Contractor has satisfactorily completed the required work.

E. All water courses, gutters, and ditches shall be opened and left in a condition satisfactory to the CFPD.

1.04 FINAL SUBMITTALS A. No contract will be finalized until all of the following have been submitted as required in

Section 0013, Submittals During Construction. 1. Record drawings 2. MSDS data sheets

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3. Training on Systems (as required) 4. Product Manuals 5. As Built Drawings 6. Construction photographs if applicable

B. No contract will be finalized until all submittals required in Section 0021, Record Documents, have been submitted.

1.05 GUARANTEES, BONDS, AND AFFIDAVITS A. No contract will be finalized until off guarantees, performance tests, bonds, certificates,

licenses, and affidavits required for work or equipment as specified are satisfactorily filed with the Owner.

1.06 ACCESSORY ITEMS A. Not used.

1.07 RELEASE OF LIENS OR CLAIMS

A. No contract will be finalized until satisfactory evidence of release of liens has been

submitted to the Owner as required by the General Conditions.

1.08 FINAL PAYMENT A. Final payment will be made to the Contractor in accordance with the General

Conditions.

PART 2 PRODUCTS A. Not used.

PART 3 EXECUTIONS

A. Not used.

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CLEAN-UP

SECTION 0020

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CLEAN-UP SECTION 0020

PART 1 GENERAL 1.01 SCOPE: A. This section covers the work necessary for cleaning during construction and final cleaning on completion of the work.

B. At all time maintain areas covered by the contract and public and private properties free from accumulations of waste, debris, rubbish caused by construction operations.

C. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws. Do not burn or bury rubbish and waste materials on project site. Do not dispose of volatile waste such as mineral spirits, oil, or paint thinner in storm or sanitary drains. Do not dispose of waste into streams or waterways.

D. Use only cleaning materials recommended by manufacturer of surface to be cleaned. 1.02 CLEANING DURING CONSTRUCTION

A. During execution of work, clean site and all properties (public and private) and dispose of waste materials, debris, and rubbish to assure that building, grounds, and properties are maintained free from accumulations of waste materials and rubbish.

B. Wet down dry materials and rubbish to lay dust and prevent blowing dust.

C. Provide approved containers for collection and disposal of waste materials, debris, and rubbish.

D. Remove grease, dust, dirt, labels, and other foreign materials from exposed and semi-exposed surfaces.

E. Repair, patch, and touch-up marred surfaces to specified finish to match adjacent surfaces.

F. Broom clean paved surfaces; rake clean other surfaces or ground.

G. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights.

H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces.

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1.03 FINAL CLEANING A. At the completion of work on all contracts and immediately prior to final inspection, cleaning of the entire project will be accomplished.

B. Employ experienced workers, or professional cleaners, for final cleaning.

C. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces.

D. Remove from the Owner’s property all temporary structures and all materials, equipment, and appurtenances not required as a part of or appurtenant to, the completed work. Return all areas used or impacted by Contractor to original state and condition.

E. Final cleaning shall meet Owners expectations. Minimum Level III APPA Standards. Owner will give final approval/disapproval on cleanliness.

PART 2 PRODUCTS

B. Not used.

PART 3 EXECUTIONS

A. Not used.

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RECORD DOCUMENTS

SECTION 0021

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Contractors and sub-contractors participating in any NorthWest Arkansas Community College construction project must adhere to and abide to all policies, procedures, specifications, regulations, state/federal laws and requirements as set forth in NorthWest Arkansas Community College Construction Policies and Procedures Manual. Manual is on file in NorthWest Arkansas Community College Construction Department.

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RECORD DOCUMENTS SECTION 0021


A. Maintenance of Record Documents

B. Submittal of Record Documents

1.02 RELATED REQUIREMENTS

A. Section 0013 – Submittals

B. Section 0019 – Contract Closeout: Closeout procedures.

C. Section 0022 – Form and Documents

1.03 MAINTENANCE TO DOCUMENTS AND SAMPLES

A. In addition to requirements in General Conditions, maintain at the site one record copy

of: 1. Contract drawings.

2. Job Order.

3. Addenda.

4. Change Orders and other modifications to the Job Order.

5. Reviewed product data.

6. Field test records.

7. Inspection certificates.

8. Manufacturer’s certificate.

B. Store Record Documents in Field Office apart from documents used for construction.

Provide files, racks, and secure storage for Record Documents.

C. Label and File Record Documents in accordance with Section numbers listing in Table of Contents of this Project Manual. Label each document “Project Record” in neat, large, printed letters.

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D. Maintain Record Documents in a clean, dry and legible condition. Do not use Record Documents for construction purposes.

E. Keep Record Documents and samples available for inspection by CFPD.

1.04 RECORDING A. Record information on a set of blue or black line opaque drawings.

B. Record information concurrently with construction progress. Do not conceal any work

until required information is recorded.

C. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including: 1. Measured horizontal and vertical locations of underground utilities and

appurtenances, referenced to permanent surface improvements.

2. Field changes of dimension and detail.

3. Changes made by modifications.

4. Details not on original Contract Drawings.

5. Job drawings (As Builts) and Specification Book(s) shall be transferred to computer disks and marked accordingly. Unless Alternative Method has been agreed to by the Owner (CFPD).

D. Specifications: Legibly mark each item to record actual construction, including: 1. Changes made by Addenda and Modifications.

E. Other Documents: Maintain manufacturer’s certifications, inspection certifications, field test records, etc., required by individual Specifications Sections or the Job Order.

1.05 SUBMITTALS A. At contract closeout, deliver Record Documents and samples under provisions of

Section 0021.

B. Transmit with cover letter in duplicate, listing: 1. Date. 2. Project title and number. 3. Contractor’s name, address, and telephone number.

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4. Number and title of each Record Document. 5. Signature of Contractor or authorized representative.

PART 2 PRODUCTS

A. Not used. PART 3 EXECUTION

A. Not used.

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FORMS AND DOCUMENTS

SECTION 0022

0022.1 JOC Evaluation Criteria 0022.2 Certificate of Insurance 0022.3 JOC Estimate Summary with Sample Form 0022.4 Notice to Proceed 0022.5 Performance and Payment Bond 0022.6 Contract, Grant Disclosure and Certification Form 0022.7 DFA Illegal Immigrant Disclosure Certification Form 0022.8 Application and Certificate for Payment 0022.9 JOC Bid Form 0022.10 Certificate of Substantial Completion 0022.11 Welding/Hot Work and Electrical/Equipment Lockout Tag Out Forms 0022.12 Affidavit of Payment of debts and Claims (AIA Form 706) 0022.13 Certificate of Affidavit of Release of Liens 0022.14 Consent to Surety to Final Payment 0022.15 Arkansas Certificate of Compliance 0022.16 Transmittal of Shop Drawings, Equipment, Materials and etc. 0022.17 AIA Document A101-2077 0022.18 AIA Document A201-2007