CITY OF LITTLE ROCK

LITTLE ROCK, ARKANSAS

PUBLIC WORKS DEPARTMENT

CONTRACT CONDITIONS AND

SPECIFICATIONS

For

Public Works and

Facilities Improvements or

Community Development Block Grant Program

Revised

November, 2015

CONTRACT CONDITIONS & SPECIFICATIONS – NOVEMBER, 2015 REVISION P a g e | 2

CITY OF LITTLE ROCK PUBLIC

WORKS DEPARTMENT

CONTRACT CONDITIONS AND SPECIFICATIONS

TABLE OF CONTENTS

Title Page

GENERAL CONDITIONS

1. Contract and Contract Documents 5

2. Definitions 5

3. Additional Instructions and Detail Drawings 5

4. Shop or Setting Documents 5

5. Materials, Services, and Facilities 6

6. Contractor’s Title to Materials 6

7. Inspection and Testing of Materials 6

8. “Or Equal” Clause 7

9. Patents 7

10. Permits and Regulations 8

11. Contractor’s Obligations 8

12. Weather Conditions 9

13. Protection of Work and Property – Emergency 9

14. Inspection 9

15. Reports, Records, and Data 10

16. Superintendent by Contractor 10

17. Changes in Work 10

18. Extras 11

19. Time for Completion and Liquidated Damages 11

20. Correction of Work 12

21. Examination of Plans, Specifications, Special

Provisions, and Site of Work 13

22. Claims for Extra Cost 13

23. Right of Owner to Terminate Contract 14

24. Construction Schedule and Periodic Estimates 14

25. Payments to Contractor 15

26. Acceptance of Final Payment as Release 16

27. Payments by Contractor 16

28. Insurance 16

29. Contract Security 18

30. Additional or Substitute Bond 18

31. Assignments 19

32. Mutual Responsibility of Contractors 19

33. Separate Contract 19

34. Subletting of Contract 19

35. Construction Manager’s Authority 20

36. Stated Allowances 21

37. Use of Premises and Removal of Debris 21

38. Quantities of Estimate 22

39. Lands and Rights-of-Way 22

40. General Guaranty 22

41. Conflicting Conditions 22

42. Notice and Service Thereof 23

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Table of Contents [Continued) Title Page

GENERAL CONDITIONS (cont’d)

43. Provisions Required by Law Deemed Inserted 23

44. Protection of Lives and Health 23

45. DELETED

46. Interest of Member of Congress 23

47. Other Prohibited Interests 24

48. Use and Occupancy Prior to Owner’s Acceptance 24

49. Suspension of Work 24

50. Compliance with Federal Labor Standards Provisions 25

51. Special Equal Opportunity Provisions 25

52. "Section 3" Compliance 27

53. Certification of Compliance with Air and Water Acts 29

54. Special Conditions Pertaining to Hazards, Safety

Standards, and Accident Prevention 30

55. Termination of Contract for Convenience of Owner 30

56. Dismissal of Employee 31

57. Maintenance Bond 31

58. Maintenance Bond Form 32

SPECIAL CONDITIONS

1. Definitions 34

2. Responsibilities of Contractor 34

3. Communications 35

4, Signs 35

5. Construction Manager’s Field Office and Other

Temporary Space 36

6. Partial Use of Improvements 37

7. Work by Others 37

8. Contract Documents and Plans 39

9. Applicable Codes and Ordinances of the City of

Little Rock, Arkansas 39

10. Function of the Consulting (Design) Engineer 40

11. Duties of the Construction Manager 40

12. Layout of Work 41

13. Construction Sequence, Maintenance of Traffic and

Maintenance of Access to Individual Properties 41

14. Arkansas State License 42

15. As-Built Drawings 42

16. Rights of Entry and Easements 43

17. Scope, Nature and Intent of Contract, Specifications

And Plans 44

18. Figured Dimensions to Govern 44

19. Contractor to Check Plans and Schedules 44

20. Inspection 45

21. Protection of Public Utilities 46

22. Sanitary Conveniences 46

23. Privileges of Contractors in Streets 46

24. Dust Control 47

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Table of Contents [Continued)

Title

TECHNICAL SPECIFICATIONS

(Amendment Notes)

Page

Section 1 – Specifications, Arkansas State Highway Commission 49

Section 2 – Site Preparation 50

Section 3 – Earthwork 51

Section 4 – Aggregate Base Course 56

Section 5 – Prime Coat 58

Section 6 – Asphalt Surface, Binder and Asphalt

Stabilized Base Course 59

Section 7 – Driveways, Driveway Extensions and Aprons 60

Section 8 – Concrete Curb and Gutter 61

Section 9 – Concrete Sidewalks and Steps 64

Section 10 – Inlets and Junction Boxes 66

Section 11 – Concrete and Reinforcing Steel 69

Section 12 – Unclassified Excavation for Structuring 83

Section 13 – Pipe Culverts and Storm Drainage Piping 86

Section 14 – Solid Sodding 90

Section 15 – Shrubbery Relocation and Hedge Relocation 93

Section 16 – Maintenance of Traffic 95

Section 17 – Pavement Repairs 97

Section 18 – Miscellaneous Items (Manhole Rings and Covers

Adjusted to Grade, Valve and Meter Boxes

Adjusted to Grade, Remove and Replace Fences, Sanitary Sewer Lines, Stone Retaining Walls, Galvanized Steel Handrail, Grouted Riprap, Access Ramps and Water for Dust Control) 111

Section 19 – Clean-up 120

Section 20 – Pipe Embedment 121

Section 21 – Lime Treated Subgrade 123

Section 22 – Mailbox Relocation 124

Section 23 – “B” Stone 125

Section 24 – Temporary Erosion Control 126

Section 25 – New Fence 126

Section 26 – Trench or Excavation Safety Systems 127

Section 27 – Cold Milling Asphalt Pavement 128

Section 28 – Guard Rail 128

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GENERAL CONDITIONS

1. CONTRACT AND CONTRACT DOCUMENTS

These General Conditions, Special Conditions and Technical Specifications, as enumerated in the Table of Contents of the Bid and Contract Documents, are referent in each and every contract for public works and facilities improvements under the Capital Improvement Programs and Community Development Block

Grant Program of the City of Little Rock, and their provisions are incorporated by reference into each such contract and are as binding as if therein fully set forth.

Attention is called to “CERTIFICATE AND RELEASE” instrument which will be required before final payment is complete.

(Document Will Be Attached after Contract).

2. DEFINITIONS

The following terms as used in this Contract are respectively defined as follows:

(a) "Contractor" - A person, firm or corporation with whom the contract is made by the Owner.

(b) "Subcontractor" - A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor.

(c) "Work on (at) the Project" - Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any

Subcontractor.

(d) "Owner" - City of Little Rock.

(e) Engineer – Civil Engineering Manager of the Department of Public Works , acting directly or through duly authorized representatives (limited to the particular duties entrusted to them), who is responsible for the supervision of construction.

3. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS

The Contractor may request such additional information and/or instruction on project layout, reinforcing steel schedules or construction details as may be necessary to complete the contract.

4. SHOP OR SETTING DRAWINGS

The Contractor shall submit promptly to the Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as

CONTRACT CONDITIONS & SPECIFICATIONS – NOVEMBER, 2015 REVISION P a g e | 6 aforesaid. After examination of such drawings by the Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two corrected copies. If requested by the Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Engineer, the

Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the plans and specifications, unless he notifies the

Engineer in writing of any deviations at the time he furnishes such drawings.

5. MATERIALS, SERVICES AND FACILITIES

(a) It is understood that except as otherwise specifically stated in the Contract

Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time.

(b) Any work necessary to be performed after regular working hours, on

Sundays or legal holidays shall be performed without additional expense to the Owner.

6. CONTRACTOR'S TITLE TO MATERIALS

No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The

Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

7. INSPECTION AND TESTING OF MATERIALS

(a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the

Owner. The Contractor will pay for all laboratory inspection service direct and not as a part of the Contract.

(b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended.

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8. "OR EQUAL" CLAUSE

Wherever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' name, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any materials, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer's written approval.

9. PATENTS

(a) The Contractor shall hold and save the Owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless otherwise specifically stipulated on the Contract Documents.

(b) License or Royalty Fees: License and/or royalty fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor.

(c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material.

It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The

Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with 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 reasons of such infringement at any time during the prosecution of the work or after completion of the work.

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10. PERMITS AND REGULATIONS

The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his Contract.

The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.

11. CONTRACTOR'S OBLIGATION

The Contractor will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plan and such temporary works as may be required.

The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract Conditions and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Engineer.

The Contractor will inform the public of the application of materials one day in advance of the application. The Contractor will do so by placing City provided “door hangers” upon homes and businesses affected by the work. The Contractor’s name, contact person and phone number will be stamped in the place provided on the City’s form. The roadway shall not be closed, except when and where directed by the Owner, and whenever the roadway is not closed, the work must be so conducted that there shall at all times be a safe passageway for traffic. Fire hydrants on or adjacent to the streets shall be kept accessible to the fire apparatus at all times and no materials or obstruction shall be placed within ten feet of any such hydrant.

Adjacent premises must be given access as far as practicable and obstruction of gutters and ditches will not be permitted.

Materials stored along the roadway must be placed so as to cause as little obstruction to the traveling public as possible. No equipment will be parked on private property without the owner’s written consent.

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12. WEATHER CONDITIONS

In the event of temporary suspension of work, or during inclement weather, or whenever the Engineer shall direct, the Contractor will, and will cause his

Subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the

Contractor or any of his Subcontractors as to protect his work, such materials shall be removed and replaced at the expense of the Contractor.

13. PROTECTION OF WORK AND PROPERTY -- EMERGENCY

The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the Owner or his duly authorized representatives.

In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Engineer, in a diligent manner. He shall notify the Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Engineer for approval.

Where the Contractor has not taken action but has notified the Engineer of any emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Engineer.

The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions.

NOTE_ Section 14, Delete “Department of Housing & Urban

Development” and substitute “Finance Department, City of

Little Rock” FOR CITY FUNDED CAPITAL IMPROVEMENTS

14. INSPECTION

The authorized representatives and agents of the Department of Housing and

Urban Development or Finance Department, City of Little Rock shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records.

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15. REPORTS, RECORDS AND DATA

The Contractor shall submit to the Owner such schedule of quantities and costs, progress, schedules, payrolls, reports, estimates, records and other data as the

Owner may request concerning work performed or to be performed under this

Contract.

16. SUPERINTENDENCE BY CONTRACTOR

At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll.

17. CHANGES IN WORK

No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. Changes or credits for the work covered by this approved change shall be determined by one or more, or a combination, of the following methods-

(a) Unit bid prices previously approved.

(b) An agreed-upon lump sum.

(c) The actual cost of:

(1) Labor, including foremen.

(2) Materials entering permanently into the work.

(3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work.

(4) Power and consumable supplies for the operation of power equipment.

(5) Insurance.

(6) Social Security and old age and unemployment contributions.

To the cost under (c), there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit, and any other general expenses.

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18. EXTRAS

Without invalidating the Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner and the price is stated in such order.

19. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the

"NOTICE TO PROCEED."

The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range, and usual industrial conditions prevailing in this locality.

If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this

Contract, to pay to the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work.

The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates.

It is further agreed that time is of the essence of each and every portion of this

Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an

CONTRACT CONDITIONS & SPECIFICATIONS – NOVEMBER, 2015 REVISION P a g e | 12 additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the

Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due;

(a) To any preference, priority or allocation order duly issued by the

Government;

(b) To unforeseeable cause beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather conditions. On days when the local branch of the National Weather Service declares an “Ozone Alert” day and the area is vulnerable to high pollution levels, the Contractor and/or Subcontractor will employ best management practices to decrease possible ozone-forming emissions.; or

(c) To any delays of Subcontractors or suppliers occasioned by any of the clauses specified in subsections (a) and (b) of this article.

(d) The Contractor is allowed ample time to complete contract. In an effort to reduce the chance of liquidated damages with respect to weather conditions a monthly allowance of estimated workdays canceled due to weather is included in this contract. Any days above and beyond this monthly allowance will extend the allowable contract period. The monthly estimated canceled workday due to weather are as follows:

January – 7 February – 7 March – 7 April – 7

May – 7 June – 5 July – 5 August – 5

September – 5 October – 5 November – 7 December - 7

Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the

Contractor within a reasonable time of its decision in the matter.

20. CORRECTION OF WORK

All work, all materials, whether incorporated in the work or not, all processes of manufacture, all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of

CONTRACT CONDITIONS & SPECIFICATIONS – NOVEMBER, 2015 REVISION P a g e | 13 construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the

Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the

Contractor hereunder shall be reduced by such amount as in the judgment of the

Engineer shall be equitable.

21. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS

AND SITE OF WORK

The Owner will prepare full, complete and accurate plans and specifications giving such directions as will enable any competent mechanic or Contractor to carry them out. The bidder is expected to examine carefully the site of the proposed work, the proposal, plans, specifications, supplemental specifications, special provisions and contract forms before submitting a proposal. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, supplemental specifications, special provisions and contract.

When the plans or special provisions include information pertaining to subsurface exploration, boring logs, soil survey information or other preliminary investigations, such information was obtained by the Owner for design and estimating purposes only. Other subsurface investigation information may be available and prospective bidders will be permitted to examine such information upon request. It is expressly understood and agreed that said information does not constitute a part of the contract and represents only the best knowledge of the

Owner as to the location, character and depth of the materials encountered. This information is only included and made available so that prospective bidders may have access to subsurface information obtained by the Owner and is not intended to be a substitute for personal investigation, interpretation and judgment of the bidder. The bidder should be cognizant of the possibility that conditions affecting the cost and/or quantities of work to be performed may differ from those indicated.

22. CLAIMS FOR EXTRA COST

No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of Subparagraph 17 (c) of the General Conditions, the

Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items

CONTRACT CONDITIONS & SPECIFICATIONS – NOVEMBER, 2015 REVISION P a g e | 14 of cost and when requested by the Owner, give the Owner access to accounts relating thereto.

23. RIGHT OF THE OWNER TO TERMINATE CONTRACT

In the event that any of the provisions of this Contract are violated by the

Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the

Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by Contract or by force account for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plants as may be on the site of the work and necessary therefore.

24. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES

(a) Immediately after execution and delivery of the Contract, and before the issue of Notice to Proceed, the Contractor shall deliver to the Owner a revised Construction Progress Schedule in form satisfactory to the

Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract

Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Progress Schedule.

The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and

(b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price.

(b) The Contractor shall submit a revised Progress Chart for approval within ten (10) days after receiving a monthly estimate from the Engineer which shows the actual progress of a controlling phase or the total job lagging the scheduled progress by fifteen (15) percent. The revised Progress Chart shall be accompanied by a statement from the Contractor indicating the amount of additional equipment, labor or materials to be assigned to the work to ensure its completion within the

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Contract time limit. If the updated Construction Progress Chart has not been received by the next monthly estimate period, payment will be withheld until the revised Chart is submitted.

NOTE- Section 25, “Payments to Contractors” The time schedule stated in Paragraph (a), may be modified to conform to the Department of Finance’s every other week payment schedule.

NOTE Section 25, “Payments to Contractors”. Paragraph (b) shall be modified to delete “ten (10) percent” and substitute “five (5) percent” and to delete the last sentence. Paragraph (c) shall be amended by deleting

“material delivered on the site and”.

25. PAYMENTS TO CONTRACTOR

(a) The Owner shall make a progress payment every four weeks to the

Contractor on the basis of a duly certified and approved estimate of the work performed under this Contract. A schedule of cut-off dates for submittal of progress payments will be submitted to the Contractor by the

Owner. Payment of each progress payment will be made two weeks after the cut-off. To ensure the proper performance of this Contract, the Owner shall retain five (5) percent of the amount of each estimate: Provided, that the Contractor shall submit his estimate to the Engineer within five (5) calendar days of the ending date of the progress payment period: Provided further, that if the Contractor is making suitable progress in the sole judgment of the Owner, all further progress payments shall be paid in full, without retainage, after fifty (50) percent of the estimated Contract amount has been reached and that on completion and acceptance of each separate building, public work, or other division of the Contract, on which the price is stated separately in the Contract, payment shall be made in full, including retained percentage thereon, less authorized deductions.

(b) In preparing estimates, the preparatory work done may be taken into consideration.

(c) The Owner may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner, and if it so elects, may also withhold any amounts due from the Contractor to any Subcontractors or material dealers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his Subcontractors or material dealers, or to withhold any monies for their protection unless the Owner elects to do

so. The failure or refusal of the Owner to withhold any monies from the

Contractor shall in no wise impair the obligations of any Surety or Sureties under any bond or bonds furnished under this Contract.

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(d) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.

26. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the

Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligations under this Contract or the Performance and Payment Bond.

27. PAYMENTS BY CONTRACTOR

The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof not later than the 30th day of the calendar month following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his Subcontractors to the extent of each

Subcontractor's interest therein.

28. INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until the insurance required of the

Subcontractor has been so obtained and approved.

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(a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this Contract Workmen's Compensation Insurance, as required by applicable State law, or $500,000, whichever is greater, for all of his employees to be engaged in work at the site of the project under this

Contract and, in case of any such work sublet, the Contractor shall require the Subcontractor similarly provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's

Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected.

(b) Contractor's Public Liability and Property Damage Insurance and Vehicle

Liability Insurance: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's

Property Damage Insurance, and Vehicle Liability Insurance in the amounts specified hereunder, naming as the insured therein the City of Little Rock and the Design Engineer.

If the scope of work entails work within or abutting upon an Arkansas or

United States highway right-of-way, said insurance shall also name as one of the insured the Arkansas Highway and Transportation Department.

(1) Said Public Liability and Property Damage Insurance shall be in form and substance similar to the Railroad Protective Liability

Policy as approved by federal, state, and railroad agencies. Limits of liability shall be the following:

Bodily Injury and Physical Damage Liability (including death)

$2,000,000 umbrella

$1,000,000 each occurrence

(2) Said Vehicle Liability and Property Damage Insurance shall be in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $1,000,000.

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(c) Subcontractor's Public Liability and Property Damage Insurance and

Vehicle Liability Insurance: The Contractor shall either (1) require each of his Subcontractors to procure and to maintain during the life of his Subcontract, Subcontractor's Public Liability and Property

Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in subparagraph (b) hereof, or (2) insure the activities by his policy, specified in subparagraph (b) hereof.

(d) Scope of Insurance and Special Hazards: The insurance required under

Subparagraphs (b) and (c) hereof shall provide adequate protection for the

Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him.

(e) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement. "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner."

29. CONTRACT SECURITY

The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The Performance Bond and the Payment Bond may be in one or in separate instruments in accordance with local law.

30. ADDITIONAL OR SUBSTITUTE BOND

If at any time the Owner for justifiable cause shall become dissatisfied with any

Surety or Sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished such an acceptable bond to the

Owner.

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31. ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due this

Contract, the instrument of assignment shall contain a clause to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract.

32. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement if such other

Contractor or Subcontractor will settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim.

33. SEPARATE CONTRACT

The Contractor shall coordinate his operations with those of other Contractors.

Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his Subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work.

34. SUBLETTING OF CONTRACT

(a) The Contractor will be permitted to sublet a portion of the Contract but shall perform with his own organization, work amounting to not less than fifty-one (51) percent of the total contract cost, except that any items designated in the Contract as "specialty items" may be performed by subcontract and the cost of any such specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work required to be performed by the Contractor with his own organization. No subcontracts, or transfer of contract, shall in any case release the Contractor of his liability under the Contract and Bond.

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(b) The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the Owner may require.

(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractor, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the

Contractor the same power as regards terminating any subcontract that the

Owner may exercise over the Contractor under any provision of the

Contract Documents.

(e) Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner.

(f) All Subcontractors shall be licensed and bonded.

(g) The Contractor will insert in any subcontracts the Federal Labor Standards provisions contained herein and such other clauses as the Department of

Housing and Urban Development may, by instructions require, and also a clause requiring the lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.

35. ENGINEER'S AUTHORITY

The Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this

Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the

Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner or to any extent by such question.

The Engineer shall decide the meaning and intent of any portion of the

Specifications and of any plans or drawings where the same may be found

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36. STATED ALLOWANCES

The Contractor shall include in his proposal any cash allowances stated in the

Contract Documents (Bid Documents). The Contractor shall purchase the

"allowed materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the

"allowed materials" is more or less than the "cash allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or other incidental expenses. The cost of installation of the "allowed materials" shall be included in the applicable sections of the Contract

Specifications covering this work.

37. USE OF PREMISES AND REMOVAL OF DEBRIS

The Contractor expressly undertakes at his own expense:

(a) To take every precaution against injuries to persons or damage to property;

(b) To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors;

(c) To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work;

(d) To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance;

(e) Before final payment to remove all surplus materials, false-work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition;

(f) To effect all cutting, fitting, or patching of his work required to make the same to conform to the Plans and Specifications, and except with the consent of the Engineer, not to cut or otherwise alter the work of any other contractor;

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(g) To secure from the Owner of any site to be used for deposit of material removed from the construction site, before beginning such use, a signed release and agreement to such use; and, if said deposit is to be permanent by terms of the said agreement, to provide the Owner with a copy of this agreement.

(h) To take every precaution in the use of concrete, coatings, curing compounds, and construction equipment so as not to cause damage, “over-spray”, or

“track” marks outside of the sidewalk surface

38. QUANTITIES OF ESTIMATE

Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages.

39. LANDS AND RIGHTS-OF-WAY

Prior to the start of construction, the Owner shall obtain all lands and rights-of-way and easements necessary for the carrying out and completion of work to be performed under this Contract.

40. GENERAL GUARANTY

Neither the final certificate of payment nor any provision in the Contract

Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract

Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of Final Acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness.

41. CONFLICTING CONDITIONS

Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency.

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42. NOTICE AND…