INSTRUCTIONS FOR COMPLETING CAMPUS NAME DIVISION ZERO (0)

DATE

THESE DOCUMENTS ARE NOT TO BE MODIFIED EXCEPT WHERE NOTED. IF YOU NEED TO MAKE A MODIFICATION, CONTACT: (CAMPUS CONTACT NAME), (CAMPUS CONTACT ADDRESS), PHONE: FOR APPROVAL PRIOR TO SUBMITTING THE ENTIRE DIVISION ZERO FOR REVIEW.

In this document you should find the following sections. If you are missing any sections contact (Contact Name) at (Contact Phone Number).

Section 00130 Invitation to Bid

Section 00200 Instruction to Bidders

Section 00410 Bid Form

Section 00520 Agreement Form

Contract and Grant Disclosure and Certification Form

Section 00611 Consent of Surety

Section 00614 Performance and Payment Bond

Section 00640 Release of Claims

Section 00700 General Conditions

Section 00800 Supplementary Condition’s

00130 INVITATION TO BID

Do not add to or delete from this document except where edit points are highlighted.

  1. Top of page left side insert Name, address and phone number of Architect/Engineer/Consultant.
  2. Top of page right side insert project name and (CAMPUS) bid project number.
  3. Paragraph 1 insert description and location of project.
  4. Paragraph 2 Insert time, date and location of mandatory pre-bid. If it is not a mandatory pre-bid delete the word mandatory and the sentence "" If a pre-bid is not required delete the entire paragraph.
  5. Paragraph 3 insert time and date of bid opening.
  6. Paragraph 5. You may name additional plan rooms.
  7. Paragraph 6 insert where to obtain bidding documents and deposit information. Deposits for plans/specifications must be refundable.
  8. Paragraph 10. Insert the prevailing wage statement if necessary.

If the project is estimated at $75,000.00 or above, the Arkansas Department of Labor Prevailing Wage Rates shall apply to the project. You must contact the Dept. of Labor, (501) 682-4536, to obtain the prevailing wage rates. If project is $2,000.00 or more and includes Federal Funds the Davis-Bacon Wage Rates and other Federal Regulations shall apply. You may obtain information on the Davis-Bacon Wage Rates by contacting the (CAMPUS) Procurement Office at (870) 575-8535. If the project contains State and Federal Funds, the Davis-Bacon Wage Rates will be used.

00200 INSTRUCTIONS TO BIDDERS

Do not add to or delete from this document except where edit points are highlighted

  1. Paragraph 3.3. Insert the name, address and phone number of Design Professional (Architect/Engineer/Consultant).
  2. Paragraph 7.3. Insert the number of calendar days for receipt of bonds and insurance. It is preferred to use 10 days. If the project has been declared an emergency, you may use a shorter time frame.
  3. Paragraph 18. Insert the number of calendar days the owner has to accept bids. It is preferred to have 30 days. If the project has been declared an emergency, the time should be shorter.

You may add

Section 00320 Geotechnical Data

Section 00340 Environmental Assessment Information

00410 BID FORM

Do not add to or delete from this document except where edit points are highlighted

  1. First page top right-hand corner. Insert Bid time and date.
  2. First Page, PROJECT: Insert short project description.
  3. Paragraph 2 Allowances. Delete if not required.
  4. Paragraph 3 Unit Prices. Delete if not required. If required, insert description.
  5. Paragraph 4 Trenching. If the project has trenching or excavations which equals or exceeds five feet in depth, the following conditions have to be complied with: (1) That the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P,(.650,651,.652) (http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfrv8_99.html) be specifically incorporated into the specifications, section 01 526 for the project; and (2) That the bid form include a separate pay item for trench or excavation safety systems to be included in the base bid. If the project does not have trenching delete this item.
  6. Paragraph 5 Completion Time. Insert the number of consecutive calendar days to be required for the completion of the work.
  7. Paragraph 6(b). Insert the number days the bonds will be required to be submitted. This number should match the number in paragraph 7.3 of the Instructions to Bidders. Insert the number of calendar days the contractor will begin work after the Notice to Proceed. The preferred number of days is 5. Insert the amount of liquidated damages. The amount of liquidated damages must be approved by the Owner.
  1. Paragraph 6(c). Insert the number days the bonds will be required to be submitted. This number should match the number in paragraph 6(b) of the Bid Form and paragraph 7.3 of the Instructions to Bidders.
  2. Paragraph 6(d). Insert the number of calendar days the owner has to accept bids. It is preferred to have 30 days. If the project has been declared an emergency the time should be shorter. This number should match paragraph 17 of the Instructions to Bidders.
  1. Paragraph 6(g). Insert the appropriate wage scale statement either State or Davis-Bacon. If a wage scale is not required delete.
  2. Paragraph 9. A specific line for listing each of the protected subcontractors required for this project must be provided on the bid form. Arkansas Code 22-9-204 requires that Mechanical, Electrical, Plumbing and Roofing/Sheetmetal be listed. It is the responsibility of the design Professional to determine if any work is to be performed by these trades and provide the proper listing on the form. If a trade is not required for this project do not provide a line for that subcontractor. It is essential the Plumbing Division, Dept. of Health be contacted. It has been determined that some sewer, water and gas lines may be covered under the Plumbing Division.

If you are in doubt as to whether a trade is required you should contact the proper licensing board.

Electrical, Arkansas Board of Electrical Examiners, 501-682-4549

HVACR, State Health Department 501-661-2307

Plumbing Division, State Health Department 501- 661-2642

All subs, if their portion of the work is $20.000.00 or more, must have a license issued by the Arkansas Contractor’s Licensing Board with the proper classification. You may contact them at 501-372- 4661.

You should determine which subcontractor categories will be required and listed. Failure to do so may result in rejection of bids, protests and a delay in the contract award.

00520 AGREEMENT FORM

Do not add to or delete from this document except where edit points are highlighted

  1. Insert date of contract, contractor name, address and agency name.
  2. Paragraph 1. Insert amount of contract, county, project number and name, and date of bid opening.
  3. Paragraph 3. Insert the number of calendar days the contractor is to begin work. This number should match Paragraph 6(b) of the Bid Form. Insert number of consecutive calendar required for completion of the work.
  4. The Contract and Disclosure Form is located at the end of these documents. When you print, remove and insert behind the Agreement Form

00700 GENERAL CONDITIONS

Do not add to or delete from this document.

 

 

 

00800 SUPPLEMENTARY CONDITIONS
  1. You may also add into this section, section 00 830- Prevailing Wage Rates, section 00 850-Drawings and Schedules, and section 00 900- Addenda and Modifications

 

UNIVERSITY OF ARKANSAS AT (CAMPUS)

BID DOCUMENTS DIVISION ZERO

 

 

TABLE OF CONTENTS

 

Section 00130 Invitation to Bid

Section 00200 Instruction to Bidders

Section 00410 Bid Form

Section 00520 Agreement Form

Contract and Grant Disclosure and Certification Form

Section 00611 Consent of Surety

Section 00614 Performance and Payment Bond

Section 00640 Release of Claims

Section 00700 General Conditions

Section 00800 Supplementary Conditions

00810 Modifications to General Conditions

00830 Prevailing Wage Rates

 

 

 

 

INVITATION TO BID

Section 00130

[ Design Professional’s Office]

[address] [Project Name/Number]

[phone number]

  1. You are invited to bid on a General Contract for [ ] located at [ ] for the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas at (CAMPUS), hereinafter termed Owner. The bids shall be on a lump sum basis.
  2. There will be [mandatory] Pre-Bid Conference held at on at . The Owner will not accept a bid from any Bidder failing to attend mandatory meeting(s).] The University reserves the right to schedule additional [mandatory] meetings, if it determines them to be in its best interests.
    3.
  3. The Owner will receive bids until [ ] p.m., local time, [ , 20 ]. Bids may be mailed or delivered to the (CAMPUS), (CAMPUS ADDRESS), hereinafter termed (CAMPUS). Bids received after this time will not be accepted. Bids will be publicly opened and read aloud at the time and date mentioned. Interested parties are invited to attend.
  4. The Owner, unless designated to another entity, supervises the bidding and awarding of all construction contracts, approves contracts, change orders, requests for payment and ensures that on-site inspections are accomplished.
  5. Contract documents may be examined at the office of the Design Professional or the plan rooms listed below:

    6. F. W. Dodge Company Construction Market Data Nat’l Association of Minority Contr’s.

    1701 Centerview Dr., Suite 110 501 North Pierce Street, Suite 102 100 S. Main Bldg., Suite 438

    Little Rock, Arkansas 72211 Little Rock, Arkansas 72207 Little Rock, AR 72201

    (501) 225-9453 (501) 280-0525 (501)-324-2605

  6. A complete set of contract documents may be obtained from the [description of where to obtain contract documents and deposit information]
  7. Obtaining contract documents through any source other than the Design Professional listed above, or his representative(s) is not advisable due to the risks of receiving incomplete or inaccurate information, and the bidder runs the risk of basing bidder’s proposal on such information. The documents obtained through the Architect or his representative(s) are considered the official version and take precedence if any discrepancies occur.
  8. Bid Security in the amount of five percent (5%) of the bid must accompany each bid in excess of $ 20,000.00 in accordance with the Instructions to Bidders.
    9.
  9. Bidders are hereby notified that any bidder 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 a 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.
  10. [Bidders are hereby notified that Arkansas Department of Labor Prevailing Wages Rates will apply.] [Bidders are hereby notified that Davis-Bacon Wage Rates and other Federal regulations apply.]
    11.
  11. The Owner reserves the right to reject any and all bids, and to waive any formalities.
  12. This invitation does not commit the Owner to pay any cost incurred in the preparation of bids.
  13. Bidders shall conform to the requirements of the Arkansas licensing laws and regulations for contractors, and shall be licensed before his bid is submitted unless the project is federally funded and therefore excepted by Ark. Code Ann. §17-25-315.

    14. There shall be only one bid submitted per State Contractors license. Bidders will be required to indicate license number on bid form beneath signature when bidding $ 20,000.00 or more.
  14. Pursuant to Ark. Code Ann. § 22-9-203, the State encourages all small and minority business enterprises to submit bids 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.

INSTRUCTIONS TO BIDDERS

Section 00200

1. BIDDING DOCUMENTS. Bidders may obtain complete sets of Contract Documents from issuing office designated in the Invitation to Bid. Complete sets of Contract Documents must be used in preparing bids; neither Owner nor Design Professional 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 Design Professional listed in the Invitation to Bid is not advisable due to the risks of receiving incomplete or inaccurate information, and the bidder runs the risk of basing bidder’s proposal on such information. The documents obtained through the Design Professional or his representative(s) or the (CAMPUS) Procurement Office are considered the official version and take precedence if any discrepancies occur. The fact that documents used for bidding purposes are named "contract documents " does not diminish in any way the right of the Owner to reject any and all bids and to waive any formality.

2. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK. Bidder shall examine the Contract Documents and visit the project site of work. Bidder shall become familiar with all existing conditions and limitations under which the Work is to be performed, and shall base bid on items necessary to perform the Work as set forth in the Contract Documents. No allowance will be made to Bidder because of lack of such examination or knowledge. The submission of a Bid shall be construed as conclusive evidence that the Bidder has made such examination.

3. INTERPRETATION OF CONTRACT DOCUMENTS DURING BIDDING.

3.1 All references to the Owner shall be interpreted to mean the University of Arkansas Board of Trustees acting for and on the behalf of the University of Arkansas at (CAMPUS).

3.2 If any person contemplating submitting a Bid is in doubt as to the true meaning of any part of the Contract Documents or finds discrepancies in or omissions from any part of the Contract Documents, he may submit to the Design Professional a written request for an interpretation or correction thereof not later than five (5) calendar days before Bid opening. In those instances where a Design Professional is not involved with the project, written requests for interpretation or correction may be made to the (CAMPUS) Procurement Department within the time frame stated above.

3.3 Address all communications regarding the Contract Documents to the Design Professional:

[Architect/Engineer/Consultant, [Address/phone number]. In those instances where a Design Professional is not involved, address all such communications to (CAMPUS) Procurement Department, (ADDRESS) (PHONE NUMBER).

3.4 Interpretation or correction of the Contract Documents will be made only by Addendum and will be mailed, faxed or delivered to each Bidder of record by the Design Professional; and in those instances where a Design Professional is not involved the (CAMPUS) Procurement Department shall distribute Addenda in the above referenced manner. The Owner will not be responsible for oral explanations or interpretation of the Contract Documents.

3.5 Addenda issued during the bidding period will be incorporated into the Contract Documents.

4. SUBSTITUTIONS.

4.1 Materials, products, and equipment described in the Contract Documents establish a standard of required function and a minimum desired quality or performance level, or other minimum dimensions and capacities, to be met by any proposed substitution. Acceptability of substitutions will not be considered during bidding period.

4.2 In some cases, prior approval of material or equipment, or both shall be obtained from Owner in order to obtain the desired color, size, visual appearance, and other features specified.

5. TYPE OF BID.

5.1 The Work under this Contract will be awarded under a stipulated sum contract to the lowest responsible base bid amount. No segregated bids or assignments will be considered. Bids are to include all labor, materials, equipment, sales tax, social security tax, State Unemployment Insurance and all other like items necessary to complete this project.

5.2 Any estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each item, but shall not be considered by the Bidder as the actual quantities that may be required for the completion of the proposed work. Bidder shall state a unit price for every item of work named in the Proposal. Bidder shall include, in the unit prices, furnishing of labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish the Work. The unit price bid for the items shall be shown numerically and in the appropriate spaces provided on the Bid Form. Such figures shall be clear and distinctly legible so that no question can arise as to their intent or meaning. Unit price bids and totals shown in the Bid Form shall not include costs of engineering, advertising, printing and appraising.

6. PREPARATION OF BID. Bid shall be made on an unaltered Bid Form identical to the form included with the Contract Documents. Fill in all blank spaces and submit one original. Bids shall be signed with name typed below the signature. Where Bidder is a corporation, bids shall be signed with the legal name of the corporation followed by the name of the state of incorporation, contractor’s license number issued by the Contractors Licensing Board, and the signature of an authorized officer of the corporation.

6.1 Bids 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 bidders shall indicate at least two (2) signatures and two (2) license numbers on the Bid 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 Bid Form. Joint Venture bidders shall indicate at least two (2) signatures on the Bid Form even if they are licensed as a joint venture.

 

7. BID GUARANTEE AND BONDS.

7.1 Each bid proposal shall include a bid security in the amount of five percent of the total bid offered, if the bid is in excess of $20,000.00. The bidder will be required to submit a bidder’s deposit, which includes enclosing a cashiers 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 in an amount equal to five (5) percent of the bid. The bidder shall include in the bid the bid bond amount so that the bid represents the total cost to the Owner of all work included in the contract.

7.2 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) 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.

7.2 Owner will have the right to retain the bid security of bidders 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 bids may be withdrawn, or all bids have been rejected.

7.3 Should Bidder fail to enter into a contract and furnish the required bonds and insurance certificates within ___ days after receipt of Intent to Award, the bid guarantee will be forfeited to the Owner as liquidated damages.

8. PERFORMANCE AND PAYMENT BOND. Performance and Payment Bonds are not required for bids $20,000.00 or under, except for roofing projects. For work exceeding $20,000.00, the bidder shall furnish a Performance and Payment Bond in the amount equal to 100 percent of contract price, on a form identical to the Arkansas Statutory Performance and Payment Bond Form included with the Contract Documents as security for faithful performance of the Contract and payment of all obligations arising thereunder within ten 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 local agent or non-resident agent licensed by the State Insurance Commissioner to represent the surety company. The bond shall be written in favor of the Owner. Bidder shall file the bond with the Circuit Clerk in the county where the Work is to be performed. Failure to deliver said bonds, as specified, shall be considered as having abandoned the Contract and the bid security will be retained as liquidated damages. The bidder shall include in the bid the Performance and Payment bond amount so that the bid represents the total cost to the Owner of all work included in the contract.

9. SUBCONTRACTORS. Name of principal subcontractors shall be listed where indicated on the Bid 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 no other subcontractors when the subcontractor’s portion of the project is $20,000.00 or more, except those qualified and licensed by the Contractors Licensing Board in Mechanical (HVAC), Plumbing, Electrical and Roofing.

A bidder should request clarification from the Design Professional (or from (CAMPUS) Procurement Department, if no Design Professional exists for the project), if the bidder determines a type of work (mechanical –indicative of HVAC; electrical – indicative of wiring and illuminating fixtures; plumbing; roofing and sheetmetal work - indicative of roofing application) is a component of the project, but space has not been provided on the bid form for the listing of such or if the bid form lists a type of work that is not a component of the project. Clarification should be made in accordance with Instruction 3.2.

    1. For those bids where the listed subcontract work is $20,000.00 or more, the prime contractor must make a decision as to which subcontractor he intends to use. The prime contractor shall place the names of each subcontractor and indicate whether the amount of the listed work is $20,000.00 or more in the space provided on the Bid Form. The prime contractor may use his own forces to do the listed work, however, if the listed work is $20,000.00 or more, the prime contractor must be qualified and licensed by the Arkansas Contractors Licensing Board to perform the listed work. Once the prime contractor determines his own forces will be used, he shall place his name, and indicate in he space provided on the Bid Form whether the amount of the listed work is $20,000.00 or more. Failure to complete the form correctly shall cause the bid to be declared non-responsive, and the bid will not receive consideration.
      1. A subcontractor, including the prime contractor listed as using his own forces, may contract a portion of the listed work. However, a subcontractor is prohibited from subcontracting the work in its entirety.
      1. In the event the amount of the listed subcontract work is below $20,000.00, the Prime Contractor shall place the names of the person or firm performing the work and indicate in the space provided on the Bid Form whether the listed work is under $20,000.00.
      2. It shall be mandatory that any subcontractors listed in (A) – (D) on the Bid Form by the Prime Contractor is awarded a contract under Ark. Code Ann. § 22-9-204. Prime Contractors who submit a bid listing unlicensed subcontractors or use unlicensed subcontractors on a state project or any subcontractor not licensed by the Contractors Licensing Board who perform work having a value of $20,000.00 or more on a state project are subject to a civil penalty, after notice and hearing, of not less than $250.00 nor more than $500.00 and may be suspended from bidding on state projects. In the event that one (1) or more of the subcontractors named by the prime contractor in his successful bid thereafter refuse to perform his contract or offered contract, the prime contractor may substitute another subcontractor, after having obtained prior approval from the design professional, and the owner.

9.3. Electrical License Requirement

    1. 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.
    2. All electricians shall have a copy of their license with them and shall be required to show it to an appropriate inspector upon request.

9.4 Pursuant to Ark. Code Ann. § 22-9- 404, the Bidder may require listed subcontractors (mechanical, plumbing, electrical and roofing/sheet metal) whose bid to the Contractor exceeds $50,000.00 to provide a Performance and Payment Bond to the Bidder.

10. SUBMITTAL. Submit bid on the Bid Form in an opaque, sealed envelope. Identify the envelope with: project name and number, name of Bidder, and Arkansas Contractors License number; only one bid shall be submitted per State Contractors license number. Submit bids in accordance with the Invitation to Bid. 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 Bidder, and the corrected entry inserted on the Bid Form. Only those bids submitted on Owner supplied forms as found in these documents will be accepted.

10.1 PROPRIETARY INFORMATION. All bid information, proposals, forms, briefs, sales brochures, etc. will become property of the Owner when submitted with a bid. All bid documents submitted by the bidder shall be available for public inspection after the bid opening. Proprietary pages and documents required to be submitted with bid must be clearly marked as such.

11. MODIFICATION AND WITHDRAWAL. Bidder may withdraw bid at any time before bid opening and may resubmit up to the date and time designated for receipt of bids. No bid may be withdrawn or modified after time has been called for the bid opening. Oral modifications to bids will not be considered. Bidder may submit written modifications to bid in writing, by telegraph, or by facsimile at any time prior to the expiration of the bidding time and date and shall so word the modification(s) as to not reveal the amount of the original bid. Telegraph or facsimile modifications shall require written confirmation over the Bidder's signature within 24 hours after bid opening.

12. DISQUALIFICATION OF BIDDERS. The Owner shall have the right to disqualify bids (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 Bidder, to reject a bid not accompanied by the required bid security or by other data required by the Contract Documents, or to reject a Bid which is in any way incomplete or irregular.

13. LATE BIDS. Late bids, bids en route, bids left at a location other than the Office of Procurement by special carrier or other will not be considered. Bids must be in the Office of Procurement by or before the time as indicated on the Invitation to Bid

14. APPLICABLE LAWS.

14.1 Labor. Contractors employed upon the work will be required to conform to the labor laws of the State of Arkansas and the various acts amendatory and supplementary thereto, and to all the laws, regulations, and legal requirements applicable thereto.

14.2 Discrimination. Bidder shall not discriminate against any employee, applicant for employment, or subcontractor as provided by law. Bidder 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 Bidder 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.

14.3 Taxes. Bidder shall include in the bid all state sales tax, social security taxes, state unemployment insurance, and all other items of like nature. It is the intent that the bid shall represent the total cost to the Owner of all work included in the contract. There are no provisions for a 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 bid price.

14.4 State licensing laws for Contractors.

14.5 Disclosure. Potential Bidders are hereby notified that any bidder who desires to enter into a contract not exempted from the disclosure requirements, that disclosure is a condition of the Contract and that the Owner cannot enter into any such contract 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 Bidders are hereby notified that:

    1. Disclosure is required to be a condition of any present or future subcontract for which the total consideration is greater than ten thousand dollars ($10,000.00).
    2. The Contractor shall require any present or future subcontractor, for which the subcontract amount is greater than $10,000.00, 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 $10,000.00 shall contain the following:

      3. 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 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.

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

Note: A copy of the "Contract and Grant Disclosure and Certification Form" is included at the end of this division.

14.6 Minority Participation: Pursuant to Ark. Code Ann. § 22-9-203, the Owner and the State of Arkansas encourage all small, minority, and women business enterprises to submit bids 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.

14.7 The bidding, award and administration of the contract shall be made pursuant to Ark. Code Ann. §14-4-1401 et seq., Ark. Code Ann. § 22-9-101 et seq., and Ark. Code Ann. § 22-2-101 et seq.

15. LIQUIDATED DAMAGES. The amount of liquidated damages to be assessed shall be in accordance with the amount indicated in the Contract. Bidder 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 Contract, the Contractor shall pay the Owner as Liquidated Damages, and not in the nature of a penalty the sum specified in the Bid Form for each day completion is delayed. It is further understood and agreed by bidder 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.

16. PRE-BID CONFERENCE. Refer to Invitation To Bid, section 00130, for information concerning any mandatory Pre-bid Conferences.

17 OPENING. Bids will be opened as identified in the Invitation to Bid, section 00130.

18 EVALUATION and CONSIDERATION OF BIDS, It is the intent of the Owner to award a Contract to the lowest responsive qualified bidder provide the bid has been submitted in accordance with the requirements of the Contract Documents and does not exceed the funds certified for the project by more than 25%. The Owner shall have the right to waive any formalities in a bid received and to accept the bid which, in the Owner’s judgment, is in its best interests. The Owner shall have the right to accept any or all bids for a period not to exceed ___days.

18.1 Tie Bids. If two or more sealed bids are equal in amount, meet Bidding Document requirements, and are the lowest received by the time of the bid opening, then the apparent low bidder will be determined by lot (placing the name of the tie bidders into a container and drawing one name). The drawing will be conducted by (CAMPUS) Procurement Department personnel, and another person so designated by the Owner in the presence of a witness and the tie bidders or representatives. The witness shall be an employee of the State of Arkansas. Documentation of the drawing shall be included on the bid tabulation and be signed by those present. Nothing in the above and foregoing will diminish the Owner’s reserved right to reject any and all bids and to waive any formalities.

19. EXECUTION OF CONTRACT.

19.1 The apparent low Bidder 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 bidder in signing the proposal, represents that he has the financial ability and experience to carry out the work throughout its several stages within the time for completion set forth on the Bid Form.

19.2 The successful Bidder 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 within ten days after receipt of the Intent to Award. Failure of the Bidder to do so may result in the Bidder being rejected and could result in disqualification and forfeiture of bid bond.

19.3 The successful Bidder will be required to furnish Owner with proof of insurance, as prescribed by the General Conditions and Supplementary General Conditions.

END OF DOCUMENT

BID FORM

Section 00410

Bid Time: ___________________

Bid Date: ___________________

Location: .

BID FROM:

BID TO: University of Arkansas Board of Trustees acting for and on behalf of The University of Arkansas at (CAMPUS)

 

PROJECT: ________________________________________________________________________________

Gentlemen:

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 the project in accordance with the Contract Documents within the time set forth, for the lump sum base bid of:

$

Dollar Amount Is To Be Shown Numerically

[2. Allowances: Allowances described in Section 01200 are included in the Bid Price.]

[3. Unit Prices: If the required quantities of the items listed below are increased or decreased by change order, the unit prices set forth below shall apply to such quantities. Dollar Amount Is To Be shown numerically

_______________________________: ($ )

: ($ )

: ($ )

: ($ )

[4. Ark. Code Ann.§ 22-9-212 requires the contractor to indicate on this bid form the cost of Trenching Safety Systems. FAILURE TO SHOW THIS COST WILL INVALIDATE THE BID. (NOTE THIS COST SHALL BE INCLUDED IN THE ABOVE BASE BID. REFER TO SPECIFICATIONS SECTION 01 526)

)

Dollar Amount Is To Be Shown Numerically.

5. Completion Time: Bidder agrees that the work will be substantially complete and ready for final payment in accordance with the Contract Documents within [ ] consecutive calendar days of the date established in a written notice to proceed.

6. The undersigned, in compliance with the Contract Documents for the construction of the above named project, does hereby declare:
  1. That the undersigned understands that the Owner reserves the right to reject any and all bids and to waive any formality.
  2. That 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 __days after receipt of the Intent to Award, will commence work within ____ days after the date 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 stated time, he shall pay the Owner as fixed, agreed and liquidated damages and not as a penalty, the sum of ___________________________________ Dollars ($ ) for each calendar day of delay until the work is completed or accepted.
  3. The undersigned further agrees that the bid security payable to Owner and accompanying this proposal shall become the property of the Owner as liquidated damages if the undersigned fails to execute the Contract or to deliver the required bonds to the Owner within ___ days from receipt of the Intent to Award as these acts constitute a breach of the Contractor’s duties.
  4. That this bid may not be withdrawn for a period of ___ days after the bid opening.
  5. The undersigned understands that the Owner's intent is to construct all facilities proposed within the limits established by the funds appropriated for the project.
  6. The names of subcontractors and the nature of the work to be performed by each one have been included on the Bid Form.
  7. The undersigned agrees to pay all prevailing hourly wage rates prescribed and mandated by Ark. Code Ann. § 22-9-301 et. seq., if the bid exceeds $75,000) or the undersigned agrees to pay all prevailing hourly wage rates mandated by the Davis-Bacon Wage Rates and any other applicable federal regulations.]
  8. Bids 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 bidders shall indicate at least two (2) signatures and two (2) license numbers on the Bid 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 Bid Form. Joint Venture bidders shall indicate at least two (2) signatures on the Bid Form even if they are licensed as a joint venture.

7. The following documents are attached to and made a condition of this Bid.

a. Bid security.

b. Listing of Mechanical, Plumbing, Electrical and Roofing Subcontractors, if required.

8. The undersigned acknowledges receipt of and inclusion as a part of the Contract Documents the following addenda:

 

No. Dated

No. Dated

No. Dated

No. Dated

 

9. LISTING OF MECHANICAL, PLUMBING, ELECTRICAL AND ROOFING SUBCONTRACTORS

ALL MECHANICAL, PLUMBING, ELECTRICAL AND ROOFING SUBCONTRACTORS SHALL BE LISTED REGARDLESS OF QUALIFICATIONS, LICENSURES OR WORK AMOUNT. BIDDERS SHOULD CONSULT THE PROJECT MANUAL ON HOW TO FILL OUT THIS FORM. FAILURE TO NAME THE SUBCONTRACTOR IN THE SPACE PROVIDED SHALL CAUSE THE BID TO BE DECLARED NON-RESPONSIVE AND THE BID WILL NOT RECEIVE CONSIDERATION.

Indicate the Name(s), of each entity performing the listed work:

MECHANICAL: (Indicative of HVAC)

_______________________________________________________________________

Is the amount of work $20,000.00 or over: Yes___ No ___

 

PLUMBING:

________________________________________________________________________

Is the amount of work $20,000.00 or over: Yes___ No ___

 

ELECTRICAL: (Indicative of wiring and illuminating fixtures)

________________________________________________________________________

Is the amount of work $20,000.00 or over: Yes___ No ___

 

ROOFING AND SHEETMETAL (Indicative of roofing applications)

________________________________________________________________________

Is the amount of work $20,000.00 or over: Yes___ No___

Respectfully Submitted:

Name of Bidder (Typed or Printed)

Address

BY: (Signature and Title)

Contractor’s Joint Venture License Number(s) or Contractor’s License No.

Telephone Number Fax Number

 

Vendor ID Number

Date of Bid

 

AGREEMENT FORM

Section 00520

 

THIS AGREEMENT entered into this ___________day of _________________ 20_____ by and between (name and address) hereinafter referred to as the Contractor, and the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas at (Campus) hereinafter referred to as Owner in accordance with Ark. Code Ann. § 22-2-101 et seq.,

WITNESSETH:

 

1. That for and in consideration of the payment by the owner in the amount of

______________________________ to be made as set forth in the Contract Documents, the Contractor hereby agrees to furnish all tools, labor, equipment, and materials, and to build and construct that certain project in _________________________ County, designated as

Project #: ___________________________

Project Name: _________________________________________________________________________ consisting of construction, 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 Bid; Instruction to Bidders; Bid Form; all Addenda; Performance and Payment Bond; General and Supplementary Conditions; Drawings and Specifications, Drawings listed in the Specifications; Notice to Proceed; and Change Orders. All construction shall be in exact accord with the Contract Documents filed with the (CAMPUS) Procurement Department located in Pine Bluff, Arkansas on (bid 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 and federal agencies.

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 document shall not be effective unless approved by the Owner and the Design Professional. Once 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 Bid Form, to begin work within ___ calendar days after a Notice to Proceed is issued and to complete the work within consecutive calendar days of the start date established by the 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 Bid 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 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 damage 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 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 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 for any excess costs 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 buildings, 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 $10,000, require the subcontractor to complete a Contract and Grant Disclosure and Certification Form. The contractor shall ensure that any agreement, current or future between the contractor and a subcontractor for which the total consideration is greater than $10,000 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 who violates the rule, regulation, or policy shall be subject to all legal remedies available to the contractor.

b) The Contractor shall, within ten days of entering into any agreement with a subcontractor, transmit to the (CAMPUS) Procurement Office, 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 rights of termination and remedies under the Executive Order 98-04 are hereby incorporated within.

11. Nothing in this Contract shall be construed 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 the University of Arkansas acting for and on behalf of the __(CAMPUS)____

BY:

  
   

DATE:

  

 

 

END OF DOCUMENT

CONSENT OF SURETY
Section 00611

 

Comes the undersigned, who does hereby swear and affirm that:

1. My name is and I am an authorized representative of a surety company.

2. With regards to the Project ; Project # ; Contract date ; Contractor; and Owner; I hereby approve the final payment to the contractor. I agree that the final payment to the contractor shall not relieve the Surety Company of any of its obligations as set forth in the contract with the State of Arkansas and this contractor.

 

 

AFFIANT DATE

 

 

 

VERIFICATION

 

STATE OF ARKANSAS )

)

COUNTY OF )

SUBSCRIBED AND SWORN TO before me this of , 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES:

 

PERFORMANCE BOND AND PAYMENT BOND

 

We , hereinafter referred to as Principal, and , hereinafter referred to as Surety, are held and firmly bound unto , as obligee, hereinafter referred to as Owner, in the amount of $ , said amount to be deemed a performance bond payable to Owner under the terms of this Performance and Payment Bond Agreement. The Principal and Surety state that the Surety is a solvent corporate surety company authorized to do business in the State of Arkansas.

Principal has by written agreement dated entered into a Contract (the Contract) with the Owner for: . The above referenced Contract is incorporated herein by reference.

Under this Performance and Payment Bond Agreement, the Principal and Surety shall be responsible for the following:

a. The Principal shall faithfully perform the above reference Contract, which is incorporated herein by reference and shall pay all indebtedness for labor and materials furnished or performed under the Contract.

b. In the event that the Principal fails to perform the Contract, the Principal and the Surety, jointly and severally, shall indemnify and save harmless the Owner from all cost and damage which the Owner may suffer by reason of Principal’s failure to perform the Contract. Said indemnification shall include, but not be limited to, full reimbursement and repayment to the Owner for all outlays and expenses which the Owner may incur in making good any such default or failure to perform the Contract by the Principal.

c. Principal shall pay all persons all indebtedness for labor or material furnished or performed under the Contract and in doing so this obligation shall be null and void. In the event that Principal fails to pay for such indebtedness, such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner’s priority.

d. Principal shall guarantee the faithful performance of the prevailing hourly wage clause as provided in the Contract.

This bond given in accordance with Arkansas laws and regulations (including Ark. Code Ann. § 18-44-503, § 19-4-1405 and § 22-9-401 et seq.). The Surety guarantees that the Principal shall comply with Ark. Code Ann. § 22-9-308 (d) by payment and full compliance with all prevailing hourly wage contract provisions where the contract amount exceeds the amount provided in Ark. Code Ann. § 22-9-302(1).

Any alteration which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the amount provided in the Contract.

This Performance and Payment Bond Agreement is binding upon the above named parties, and their successors, heirs, assigns and personal representatives.

Executed by the parties who individually represent that each has the authority to enter into this agreement.

BY: ____________________________________

Contractor Date

BY: ____________________________________

Arkansas Resident Local Agent/ Attorney-in-Fact Date

(In accordance with Ark. Code Ann. § 22-9-402(b)(1)(2))

________________

Agent Date

________________

Address

________________

City County State Zip Code

Business Phone:

Fax:

Mail:

THIS FORM IS THE ONLY PERFORMANCE AND PAYMENT BOND ACCEPTABLE TO THE OWNER

RELEASE OF CLAIMS

Section 00640

Comes the undersigned, who does hereby swear and affirm that:

1. My name is , and my

(printed or typed)

address is , doing business as .

2. Pursuant to Contract Number ,

(project description)

and Contract Date excepted as listed below in Paragraph 4, I have paid

otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services

performed, and for all known claims against the Contractor arising in any manner in connection with the

performance of the contract referenced above for which the Owner or his property might in any way be held

responsible.

3. To the best of my knowledge, information and belief, excepted as listed below in Paragraph 4,

the Releases or Waivers of Claim, attached hereto and incorporated herein, include the Contract, all subcontractors, all suppliers of materials and equipment, and all performers of work, labor or services who have or may have claims against any property of the Owner arising in any manner out of the performance of the Contract referenced above.

4. The Exceptions are: (if none, indicate "none." If required by the Owner, the Contractor shall

furnish bond satisfactory to the Owner for each exception.)

AFFIANT DATE

VERIFICATION

STATE OF ARKANSAS )

)

COUNTY OF )

SUBSCRIBED AND SWORN TO before me this of 20 .

NOTARY PUBLIC

MY COMMISSION EXPIRES:

GENERAL CONDITIONS

Section 00700

 

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 Form; the Bid and the Performance and Payment bonds; General and Supplementary Conditions; Specifications; Drawings; Addenda issued prior to execution 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 construed 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 than 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 diagrams.

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.

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 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 Professional, 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 arrangement 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 Design Professional is intended.

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 it 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 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 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 Design Professional or the Owner if no Design Professional exists for the project.

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 Design Professional to find or correct errors or omissions 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; differences which may be found, shall be submitted to 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 claims 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 requires 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 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:
    1. The Agreement
    2. This Division Zero (0) shall control in the event of conflict between this Division Zero (0) and other Divisions 1 through 16
    3. Addenda to Drawings and Specifications with those of later date having precedence.
    4. 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 Specifications.

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 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 Design Professional by such date as allows 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 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-subcontractor, 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 may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications, 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 Design Professional. The Work shall not be discontinued by the Contractor without approval of the Design Professional. Should prosecution of the Work be discontinued for any reason, the Contractor shall notify the Design Professional at least twenty-four 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 tests, if desired.

3.6.5 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the 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 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, sequences, and procedures and for coordinating portions of the Work under the Contract.

3.8.2 The Contractor shall employ a qualified superintendent during the duration of the Project who is acceptable to the Owner and the Design Professional. The superintendent shall be maintained on the Project site and shall be present on the site at all times work is in progress. The superintendent 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 Superintendent 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 in their trade and 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.

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 has with the State. Any superintendent, foreman or workman employed by the Contractor or a Subcontractor who unreasonably refuses or neglects to comply with the instructions of the Owner, Design Professional, or inspector, shall, at the written request of the Owner or Design Professional, 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 shall secure written permission from the proper authority before executing such new construction. A copy of this written permission shall be filed with the Owner before any work is completed. 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 specified 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 ALIGNMENT

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 elevations.

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

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 provided by the Contractor at his expense with no liability to the Owner. 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, 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.

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 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 the 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 and the Design Professional, 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, 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 by 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 from all 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

4.1 DESIGN PROFESSIONAL AUTHORITY

4.1.1 The Design Professional will 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 will provide administration of the Contract as described in the Contract Documents and will be the Owner’s representative. The Design Professional will 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 will prepare all 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.

4.1.4 The Design Professional 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 of 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 Design Professional for a decision. The Design Professional will review claims, and 1) reject in whole or in part; 2) approve the claim; 3) suggest a compromise; 4) advise the parties that the Design Professional is unable to resolve the claim.

4.2.3 Claims for Concealed or Unknown Conditions: If new and 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 Design Professional as quickly as reasonably possible and shall not continue working on the discovered new or unforeseen items without express written permission from the Design Professional. 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 Design Professional as 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 Design Professional within ten days stating the cause of the delay and request an extension of Contract Time. The Design Professional 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 and Design Professional.

4.2.5 Claims for Changes in the Work: The Contractor shall provide written notice to Design Professional within ten calendar days after the receipt of instructions from the Owner, as approved by the Design Professional, to proceed with changes in the Work and before such Work is commenced. Changes in the Work 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 material shall be submitted to the Design Professional. 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 prices 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 Design Professional and accepted by the Owner.

c. The actual cost of the Work plus an allowance of 12 percent and 5 percent for the General Contractor and Subcontractor, respectively.

4.2.6 Claims for Additional Costs: In case of an emergency which threatens loss or injury of property or safety of life, the Contractor shall be allowed to act, without previous instructions from the Design Professional, in a diligent manner. The Contractor shall notify the Design Professional immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted, but in no case more than 7 calendar days following the event causing the emergency, to the Design Professional for consideration. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided under these General Conditions. No agreement to pay costs for additional work shall be effective until included in a Change Order approved by the Owner, Contractor and the Design Professional.

 

ARTICLE 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 without 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 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 or the Design Professional 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 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 Contract 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 obligation 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.

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 Design Professional 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 Design Professional and the Owner reserve and shall have the right to make changes 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 Design Professional and approved by the Owner stating their agreement upon the following, 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 Documents.
      1. Change Order requests by the Contractor shall be submitted in a complete itemized breakdown, acceptable to the Owner and the Design Professional.

        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 purposes of considering additions or deductions to the Contract Amount. Supporting data shall include but is not limited to the following:
    1. Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker or workmen’s compensation insurance;
    2. Cost of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;
    3. Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;
    4. Costs of premiums for all bonds and insurance, permit fees, and sales, use of similar taxes related to the Work; and
    5. 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.
        1. Compute requests for changes be they additions or deductions as follows:
    1. 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

    1. 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.
    2. For added work performed by Subcontractors: Subcontractors shall compute their work as outlined in 7.2.2.3 a. through e. 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.
    3. 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 small tools, superintendent's 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, Design Professional and Contractor have executed a Change Order to this Contract. For any increases to the contract amount, scope of work, time for completion or other terms relating to the Change Order, the Contractor shall, if deemed necessary by Owner, furnish an amendment to the Bond agreement in which the Surety has agreed to amend the Performance and Payment Bond to reflect such revisions. When the Amendment is determined to be needed by Owner, Change Orders will not be processed without the attached Amendment to the Performance and Payment Bond. The Contractor is responsible for obtaining the bonding companies concurrence with the new contract amount, time for completion, or other terms related to the Change Order. As with the initial Bond Agreement, a Power of Attorney for the Arkansas Resident Agent must be attached. In addition, the Clerk of the County where the work is being performed must certify the Amendment as having been filed before payment is made.

 

ARTICLE 8 -- TIME

8.1 DEFINITIONS

8.1.1 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, the Design Professional and the Contractor.

8.1.2 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.

8.1.3 Date of Substantial Completion is the date certified by the Design Professional and the Owner.

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.

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 or Proclamation. No Design Professional clarifications, observations, or State inspections will be provided on legal holidays, Saturdays and Sundays, and no work shall be performed on these days except in an emergency or with written approval in advance by the Design Professional and Owner.

8.4 DELAYS

8.4.1 Delays 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 contractor employed by the Owner, extremely abnormal weather conditions, or other delays beyond the Contractor’s control may, if agreed to by Change Order by the Contractor, Owner and Design Professional 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.

 

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 Design Professional and Owner and for all risks of every description connected with the prosecution of the Work, for all expenses incurred in consequence of the suspension or discontinuance of the Work as specified, for any infringement of patent, trademark, or copyright, and for completing the Work according to the Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or 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 or approved by the Design Professional 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 SCHEDULE OF VALUES

9.2.1 The Contractor shall submit to the 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 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 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 the Work, from 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 item 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 each 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 stored 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 and the Design Professional to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site for those materials and equipment stored off the site.

9.4.3 The Contractor shall furnish the Design Professional 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 shall cause the Design Professional to prepare an Estimate for Payment to the Contractor each month. The Design Professional will make the estimate for the materials complete in place and the amount of work performed in accordance with the Contract between the twenty-fifth day of the month and the fifth 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 within 30 days after the Contract has been completed and the work approved by the Owner and the Design Professional. No retainage will be withheld on that amount of the progress payment pertaining to 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 at the Contract Sum, for the actual quantities of work accomplished. No allowance will be made for anticipated profits. Increased or decreased work involving Contract modifications shall be paid for as stipulated in such Contract modifications

9.7 DESIGN PROFESSIONAL'S ACTION ON A REQUEST FOR PAYMENT (See al