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HomeMy WebLinkAboutOrdinance 3380 88 NOU `OP RECORD WAS HINGtO,N 16 A. K0LLj4LcyC0 AR ORDINANCE NO , 3380 moo AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR ENGINEERING SERVICES IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS TO THE FAYETTEVILLE MUNICIPAL AIRPORT . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby waives the requirements of competitive bidding for engineering services in connecting with the construction of improvements at the Fayette - ville Municipal Airport for the reason that said requirements are not feasible because the selection of a professional engineer a� involves subjective decision making . Section 2 . That the Board of Directors hereby authorizes the Mayor and City Clerk to execute an engineering services contract with Garver . + Garver , P . A . Engineers of Little Rock , Arkansas for engineering services necessary for the construction of a lighted runway and taxiway meters , refurbishment of the beacon and beacon tower , 'and replacement of primary windsock and two secondary windsocks at the Fayetteville Municipal Airport . A copy of the contract :authorized . for - ekecution hereby is attached hereto marked Exhibit ". A" and made a part hereof . Section 3 . . ' . , ,That the Board of Directors hereby determines that immediate construction . of the airport improvements enumerated in the contract attached hereto are essential to safe operation of the Fayetteville -Municipal Airport . Therefore , an emergency is hereby declared.. , to, exist .. and .this ordinance being necessary for the public health safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 20th day of September 1988 . F AYE�t�`/ APPROVED J r ByZwk Ma or ATTEST­' By : L t Clerk tIBEE 1294NGE ,94 1, Aimafor Crcuit Clerk and CERTIFICATE OF RECORD Pao-officio Recorder for Wuhington Counfyj Arkansas, do hereby certify that this in. State of Arkansas SS atrument was filed for record in my office) City of Fayetteville as indicated hereon and the same is now I, Suzanne C, Mcwethy, City Clerk and duly recorded with the acknowledgement Ex-Officio recorder for the City of Fayetteville, and certificate thereon in Record Book and do hereby certify that the annexed or fore- Pago as indicated thereon. going is of record in my office and the same apt- IN WITNESS WHEREOF, I have hereunf'ly Barg Ordinance & Resolution book set my hand and affixed the seal of said Court on the date indicated hereon, at page--���yWitness my Alma Kollmeyer hail d seal thisM+ �,/�r Z—. A '— - day of Circuit Clerk and1� 19 $ p Ex-officio Recorder 4 by City Clefk and Ex-Officio m Rer `j3f %. t 9 lob ' c 5 Exhibit "A " is in file in the City ' • Clerk ' s Office at 113 W . Mountain ` Street . CONTRACT FOR ENGINEERING SERVICES Lighted Runway and Taxiway Markers i Refurbishment of the Beacon and Beacon Tower Replacement of Primary Windsock and Two Secondary Windsocks 't DRAKE FIELD FAYETTEVILLE , ARKANSAS AIP 3 - 05 - 0020 - 10 - 88 THIS AGREEMENT , made as of the 2DWaay of 193 by and between the City of Fayetteville , hereinafter called the " City , " and Garver+Garver , P . A . , Engineers , P . O . Box C - 50 , Little Rock , Arkansas 72203 , hereinafter called the "Engineer . " W I T N E S S E T H : WHEREAS , the City intends to construct the following improvements at Drake Field , hereinafter referred to as the Project : Lighted Runway and Taxiway Markers Refurbishment of the ' Beacori and Beacon Tower Replacement of Primary Windsock and Two Secondary Windsocks All project improvements shall ' be in accordance with the Application for Federal Funds submitted * for the Project by the Engineer . The City and the Engineer agree as follows : SECTION I - GENERAL The City agrees to employ the Engineer and the Engineer agrees to perform professional engineering services for the project . The Engineer prepared and is familiar with the application for Federal Funds for the project and has visited the site where the construction will be performed . Engineering will conform to the requirements and standards of the City and the Federal Aviation Administration , in accordance with regulations and procedures established for Federal Aid Projects . The Engineer will coordinate all work with the City , the FAA , and others required in the accomplishment of the work . i1 SECTION II - SCOPE OF SERVICES The Engineer shall render all professional engineering services necessary and customary in the planning and construction of the improvements described above . Services for each phase of the project are described in more detail as follows for : Lip iR1294PfGi395 1 1 . BASIC ENGINEERING SERVICES FOR THE : A . Preparation of Preliminary Report , The Engineer shall : 1 . Serve as the City ' s representative in the preliminary phase of the project and furnish consultation and advice to the City during the performance of this service . 2 . Attend preliminary conferences alone cr with City representative , local officials , state and federal agencies , utility companies and others regarding the proposed project , its general design , functions , and impact . 3 . Assist the City in ordering and directing the accomplishment i of such special services as soil borings and material tests as may be necessary . 4 . Prepare a preliminary engineering report , supported by preliminary plans , and submit copies for review and approval to the City and FAA in the number required . 6 - Attend conferences for review and conduct coordination conference of interested agencies and utilities , if required . B . Design Phase . The Engineer shall : 1 . Plan and direct the balance of soil borings and tests required for final design of the project . 2 . Prepare detailed construction drawings , specifications , instructions to bidders , general provisions and special provisions , all based on guides furnished to the Engineer by the City and FAA . Contract Documents (Plans , Specifications , and Estimates ) will be prepared for one ( 1 ) construction contract . These designs shall be in accordance with sound engineering principles and shall be submitted to the FAA office from which approval must be obtained . Detailed specifications shall be developed using FAA " Standards for Specifying Construction for Airports " AC 150/5370 - 10 , or other appropriate standards approved for use by the FAA . A specimen copy of the General Provisions and applicable prevailing wage rates will be obtained by the Engineer from the FAA and the Arkansas Department of Labor for incorporation into the specifications for the proposed project . 3 . Submit to the FAA Airport ' s District Office advance copies of the plans and specifications and cost estimates for review . The Engineer will make any additions to respond to comments by the FAA , and when the documents have been approved , the Engineer will furnish plans to the FAA and to the City for bidding and coordination purposes . C . Construction Phase . The Engineer shall : 1 . Assist the City in securing bids by issuing contract documents to prospective bidders . The Engineer will be available to answer questions and discuss proposed work with prospective bidders during the advertisement period . If information has been inadvertently omitted or if field 2 IIBER .L"U ,L) t conditions are changed , addenda to the Plans and Specifications shall be issued . The Engineer shall prepare tabulations of bide received , and prepare a recommendation to the City concerning award of the Construction Contract . 2 . Assist the City ir: the execution of all contract documents and furnish a sufficient number of executed documents for the City , Contractor and FAA . 3 . Attend and act as the City ' s representative at the required preconstruction conference . 4 . Perform the duties and discharge the responsibilities stated in Project Specifications after receiving authorization to proceed with construction ; however , the Engineer does not guarantee the performance of the contract by the Contractor nor assume any duty to supervise safety procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site . As a minimum , the Engineer or his qualified representative will visit the site of the work on the average of once during each fifteen ( 15 ) working days of the construction period . These visits should be scheduled to coincide with each new phase of construction , scheduled FAA inspections , and other times when his presence is desirable . The Engineer or his qualified representative will be available at all times work is in progress for telephone contact by the construction observer . The Engineer shall direct , supervise , advise , and counsel the construction observer in the accomplishment of his duties . 5 . Consult with and advise the City during the construction period . He will submit , when requested by the City , written reports to the City on the progress of the construction including any problem areas that have developed or are anticipated to develop . In addition , Engineer shall supply to City such periodic reports and information as may be required by the FAA . 6 . Certify monthly and final estimates for payment to the Contractor . 7 . Coordinate with the construction observers to insure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency . 8 . Assist the City in the observation of Contractor ' s operations for proper classification of workers , and review of Contractor ' s payrolls as necessary to determine compliance with the prevailing wage rates . 9 . When authorized by the City , prepare change orders or supplemental agreements , as appropriate , for ordering changes in the work from that originally shown on the Plans and Specifications . If re - design or substantial engineering is 3 IIBEF 1294PAGE 397 required in the preparation of these documents , payment for extra services involved will be made in addition to the _ ayment provided in basic engineering services . 2 . SPECIAL EN(JNEERING SERVICES FOR : A . Surve, s for Design and Preparation of Plans . The Engineer will use his personnel to supplement existing surveys and aerial photography . Surveys will be made of existing facilities neces - ary for design and for preparation of preliminary and final plans . B . Construction Observation . During the normal project construction time estimated to be : 75 calendar days . The Engineer will maintain resident personnel on the job for detailed construction observation and coordination of the work . Construction observation will be performed by qualified personnel mutually acceptable to the City and the Engineer . The construction observer shall endeavor to protect the City against defects and deficiencies in the work of the Contractor , but he does not guarantee the Contractor ' s performance . The construction observer will prepare requests for monthly and final payments to the Contractor and will provide "As - Built" information for preparation of "As - Built" Drawings of the completed project . 3 . TESTING : The Engineer shall direct the making of sufficient material tests by an approved testing laboratory to permit proper design of the improvements and to demonstrate compliance with specifications during construction . Cost of such necessary testing will be paid by the City directly to the testing laboratory . 4 . ADDITIONAL SERVICES : A . After approval of the preliminary Plans and Specifications , should there be a change in the Scope of Work or a significant change that requires re - design , the Engineer will make such changes as directed by the City . B . When directed by the City , the Engineer will prepare major Change Orders or Supplemental Agreements during the construction phase as required to accomplish the work . Major Change Orders are defined as those that require re - design or substantial engineering . C . If unanticipated conditions should arise that extend the Project construction time beyond that established in the Contract Documents , the Engineer will maintain resident personnel on the job , as required , to complete the Project . D . When directed by the City , the Engineer will assist as expert witness in litigation arising from the development or construction of the Project . IlBER1294P�GEtl98 . 4 SECTION III - ENGINEERING FEES 1 . Fo the Basic and Special Engineering Services described above , the P " en .ineering fees shall be as tabulated below : jock Description Preparation of Preliminary Report $ 20782 . 42 Preparation of Reports and Plans $ 8 , 808 . 07 Cc-itract Administration $ 1 , 915 . 00 S % Surveys for Design $ 1 . 494 . 17 Subtotal Lump Sum Cost $159014 . 66 Construction Observation $ 8 . 765 . 00 "Not to Exceed" Cost $23 , 764 . 65 For the construction observation portion of the project , the City agrees to pay the Engineer reimbursement of all salary costs , overhead , and fees at the rates tabulated in the Schedule of Salary Rates attached to this Contract . As tabulated above , and as estimated in detail in the attached "Engineering Contract Cost Estimate , " the estimated cost of the construction observation is $8 , 765 . 00 . The overhead percentages shall be as shown on the attached "Engineering Contract Cost Estimates . " The "not to exceed cost" tabulated time contains an estimated cost of the time and materials required for construction inspection of $ 8 , 765 . 00 based on the construction contractor ' s performance time of 75 calendar days for the contract . This estimated cost for construction inspection will not be exceeded if the construction contract performance time does not exceed 75 calendar days . All miscellaneous expendable supplies normally required by the Engineer in the performance of these services will be purchased by the Engineer , who will be reimbursed by the City . All such expenditures will be substantiated by paid invoices or by accounting procedures approved by the City . Proper and adequate accounting records shall be maintained by the Engineer , and will be readily available for inspection and/or audit by the City and/or the Federal Aviation Administration . Payments based on the incurred cost and the fee earned will be made monthly based upon statements submitted by the Engineer to the City . These statements will be substantiated by a monthly progress report prepared by the Engineer , and submitted in the form and number required by the City . 2 . For the preparation of Preliminary Plans , preparation of Final Plans , Contract Administration , and Surveys for Design portion of the Project , the City agrees to pay the Engineer the lump sum fee of $15 , 014 . 66 . The Engineer will be paid monthly based on percent of project complete to date . Total payment for each part as shown above will be due when 5 LIBER IMPAA99 that part is acceptably complete to the satisfaction of the City . 3 . For additional services described in SEWION II , paragraph 4 , the City and the Engineer agree to negotiate thef, Engineering Fee in accordance with the Scope of Services to be performed . i SECTION IV - THE CITY AND ENGINEER FURTHER AGREE 1 . This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection with the provisions of this contract which cannot be disposed of by mutual agreement between the City and Engineer , the matter shall be resolved in accordance with the Laws of the State of Arkansas . 2 . This Agreement may be terminated by either party by seven ( 7 ) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one ( 1) party through no fault to the other party . If this Agreement is so terminated , the Engineer shall be paid for the time and materials expended to accomplish the services performed to date , as provided in SECTION III - ENGINEERING FEES ; however , the Engineer may be required to furnish an accounting of all costs . 3 . The FAA , City , Comptroller General of the United States or any of their duly authorized representatives shall have access to any books , documents , papers and records of the Engineer which are directly pertinent to a specific grant program for the purpose of making audit , examination , excerpts , and transcription . The Engineer shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed . 4 . After completion of the Project , and prior to final payment , the Engineer shall deliver to the City , all original documentation prepared under this Contract including tracings of the record drawings , and one ( 1 ) set of the record drawing Construction Plans updated to reflect changes . Basic survey notes and sketches , charts , computations and other data shall be made available , upon request , to the City without restriction or limitation on their use . In the event the City does not have proper storage facilities for the protection of the original Drawings , the City may request the Engineer to retain the Drawings with the provision that they will be made available without restriction upon written request . In the event any of the above documents are re -used by the City , the nameplates will be removed and the . Engineer released and held harmless of subsequent liabilities . 116 1294NCIE40O 6 TITLE VI ASSURANCES During the performance of this contract , the Engineer , for itse? its assignees and successors in interest (hereinafter referred to . 3 the "Engineer" ) agrees as follows : 1 . Compliance with Regulations . The Engineer shall comply wi :h the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter , "DOT" ) Title 49 , Code of Federal Regulations , Part 21 , as they may be ' amended from time to time , (hereinafter referred to ss the Regulations ) , which are herein incorporated by reference and made a part of this contract . 2 . Nondiscrimination . The Engineer , with regard to the work performed by it during the contract , shall not discriminate on the grounds of race , color , or national origin in the selection and retention of subcontractors , including procurements of materials and leases of equipment . The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21 . 5 of the Regulations , including employment practices when the contract covers a program set forth in Appendix B of the Regulations . 3 . Solicitations for Subcontracts . Including Procurements of Materials and Equipment . In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract , including procurements of materials or leases of equipment , each potential subcontractor or supplier shall be notified by the Engineer of the Engineer ' s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race , color , or national origin . 4 . Information and Reports . The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books , records , accounts , other sources of information , and its facilities as may be determined by the City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations , orders , and instructions . Where any information required of a Engineer is in the exclusive possession of another who fails or refuses to furnish this information , the Engineer shall so certify to the City or the FAA , as appropriate , and shall set forth what efforts it has made to obtain the information . 5 . Sanctions for Noncompliance . In the event of the Engineer ' s noncompliance with the nondiscrimination provisions of this contract , the City shall impose such contract sanctions as it or the FAA may determine to be appropriate , including , but not limited to - - ( a) withholding of payments to the Engineer under the contract until the Engineer complies , and/or (b ) cancellation , termination , or suspension of the contract , in whole or in part . 6 . Incorporation of Provisions . The Engineer shall include the 7 [Ie(R1294Ph�E401 provisions of paragraphs 1 through 5 in every subcontract , including procurements of materials and leases of equipment , unless exempt by the Regulations or directives issued pt. ,suant thereto . Thae Engineer shall take such action with respect to :ny subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance . Provided , however , that in the event Engineer becomss involved in , or is threatened with , litigation with a subcontractor or supplier as a result of such direction , the Engineer may req+=est the City to enter into such litigation to protect the interests of the City and , in addition , the Engineer may request the United States to enter into such litigation to protect the interests of the United States . 8 LIBER 1294pfGE 402 MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES l : I Policy . It is the policy of the Department of Transportation (DOT) that minority business enterprises as de' :ined in 49 CFR Part 23 shall have the maximum opportunity ti participate in the performance of contracts financed in whole or in part with Federal funds under this agreement . Consequently , the MBE requirements of 49 CFR Part 23 apply to this agreement . 2 MBE Obligation . The Engineer agrees t.� ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement . In this regard , all Engineers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts . Engineer shall not discriminate on the basis of race , color , national origin , or sex in the award and performance of DOT-assisted contracts . ATTEST : City of Fayetteville �Yla,,:uQ�.,a Q � ATTEST : CARVER+G VER , P . A . , ENGINEERS v President 9 LIBER1294Pt,GE403 AIRPORT IMPROVEMENT AID PROJECT : 3 - 05 - 0020 - 10 - 88 STATE : Arkansas 1 i CERTIFICATION 0; ENGINEER - I I hereby certify that I am PRESIDENT tad duly authorized representative of the firm of GARVER+GARVER , P . A . , ENGINE) ;tS , whose address is ELEVENTH AND BATTERY STREETS , P . 0 . BOX C - 50 , LITTLE ROiXt ARKANSAS , 72203 , and that neither 1 I nor the above firm I here represent has : I ( 1 ) Employed or retained for a commission , percentage , brokerage , j ` contingent fee , or other consideration , a- 7 firm or person (other than a bona I fide employee working solely for me of the above consultant) to solicit or secure this contract ; (b) Agree , as an express or implied condition for obtaining this contract , to employ or retain the services of any firm or person in connection with carrying out the contract ; or (c ) Paid or agreed to pay to any firm , organization , or person (other than a bona fide employee working solely for me or the above consultant) any fee , contribution , donation , or consideration of any kind , for , or in connection with , procuring or carrying out the contract ; except as here expressly stated ( if any) . I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation , in connection with this contract involving participation of Airport Improvement Program (AIP ) funds and is subject to applicable State and Federal laws , both criminal and civil . GARVER+GARVER , P . -A.,,ENGINEERS By Preside t DATE : LwR 1294 PAGE 404 lO FAYETTEVILLE MUNICIPAL AIRPORT DRAKE FIELD Al? "10" ENGINEERING COST ESTIMATE --August, 1988 SURVEYS FOR DESIGN 1. Gather existing plans and specifications for proposed improvements, and make field inspections to support design effort. 2. Establish Survey baselines to provide vertical and horizontal control of the work. 1 2 TOTAL ---------------------------------- Project Manager 8 0 8 Project Engineer 8 1 9 Design Engineer 0 0 0 Electrical Engineer 4 0 4 Technician 4 0 4 Draftsman 0 0 0 Typist 0 0 0 Surveyor 0 0 0 Const. Observer 0 0 0 Const. Engineer 0 0 0 ---------------------------------- PRELMINARY WORK AND PREPARATION OF PRELIMINARY ENGINEERING REPORT 1. Prepare and support application for Federal Funds. 2. Prepare engineering report that explains and illustrates the preliminary design. Prepare preliminary plans to support the report. Accomplish premiminary design. 3. Design. Sequence of Construction;designate restricted areas; haul routes; equipment storage areas; work restrictions. 4. Draw preliminary plans- See separate list of sheets and draftsman's time estimate 5. Prepare preliminary specifications, project cost estimate, and project budget. 6. Conduct Coordination meetings and reviews to insure the coordination and input from the Airport Staff and the FAA. SUB SUB 1 TOTAL 2 3 4 5 6 TOTAL ------------------------------------------------------------ Project Manager 6 6 2 2 0 2 4 10 Project Engineer 41 41 12 4 0 8 8 32 Design Engineer 0 0 30 8 12 8 8 66 Electrical Engineer 0 0 8 0 0 8 1 17 Technician 0-0 0 0 0 4 0 4 Draftsman 10 10 4 0 65 0 0 69 Typist 4 4 4 0 0 8 0 12 surveyor 0 0 0 0 0 0 0 0 Const. Observer 0 0 0 0 0 0 0 0 Const. Engineer 0 0 0 0 0 0 0 0 ------------------------------------------------------------ LIBER1294PAGE405 PREPARE CONSTRUCTION PLANS 1. Receive and incorporate into plans comments from City Airport Staff, FAA, and Airport Users. Incorporate response to comments into plans prepare final Plans, specifications, quantities, and final contract documents. I CONSTRUCTION CONTRACT ADMINISTRATION 2. Prepare advertisement, dispense plans and specifications to prospective bidders, answer contractor's questions during bidding phase, recieve bids, prepare bid tabulation, analyze bids, recommend award of contract, prepare contract documents, prepare project budget. 3. Pre -construction conference: Prepare for, conduct, and prepare minutes of pre -construction conference. Prepare progress payments and progress reports for presentation to City. CONSTRUCTION OBSERVATION 4. Garver+Garver and Northwest Engineers will provide continous project observation as required by major construction events, or as required by the City. We estimate that construction observation will be required for a total of 20 hours of Garver+Garver personnel, and 430 hours of Northwest Engineer's personnel. SURVEYS FOR CONSTRUCTION 5. Garver+Garver and Northwest Engineers will direct and assist the contractor to stake the work from the control established for the project. SUB SUB 1 TOTAL 2 3 TOTAL 4 5 ------------------------------------------------------ Project Manager 2 2 0 8 8 8 0 Project Engineer 12 12 4 8 12 12 0 Design Engineer 0 0 3 2 5 0 0 Electrical Engineer 8 8 0 0 0 0 0 Technician 2 2 2 0 2 8 0 Draftsman 4 4 2 0 2 0 0 Typist 6 6 2 4 6 0 0 Surveyor 0 0 0 0 0 0 0 Const. Observation 0 0 0 2 2 0 0 Const. Engineer ------------------------------------------------------ 0 0 0 0 0 0 0 UBE81294P;,�E406 'En9ineering Contract Cost Estimate Drake Field, Fayettville Arkansas, AIP "10" GARVER + CARVER ENGINEERS PROJECT DESCRIPTION: Rehabilitate Airfield Beacon and Beacon Tower Replace and Relocate Primary Windsock and Segmented Circle Lighted Runway and Taxiway Markers Replacement of two Secondary Windsocks .....................:......................................................................W.---...a------------- ,' Surveys Preliminary Preparation of Contract Construction For Design Work Reports and Plans Administration Observation .................................................................................................................. DIRECT SALARY COST MAN MAN MAN MAN MAN HOURS COST HOURS COST HOURS COST HOURS COST HOURS COST .................................................................................................................. Project Manager 8 $173.04 6 $129.78 - 12 $259.56 8 $173.04 8 $173.04 Project Engineer 9 $154.08 41 $701.92 44 $753.28 12 $205.44 12 $205.44 Design Engineer 0 $0.00 0 $0.00 66 $844.14 5 $63.95 0 $0.00 Electrical Engineer 4 $50.00 0 $0.00 25 $312.50 0 $0.00 0 $0.00 Technician 4 $40.76 0 $0.00 6 $61.14 2 $20.38 8 $81.52 Draftsman 0 $0.00 10 $75.00 73 $547.50 2 $15.00 0 $0.00 Typist 0 $0.00 4 $34.00 18 $153.00 6 $51.00 0 $0.00 Surveyor 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Const. Observer 0 $0.00 0 $0.00 0 $0.00 2 $23.00 0 $0.00 Const. Engineer 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 .................................................................................................................. Subtotal • Salaries $417.88 $940.70 $2,931.12 $551.81 $460.00 .................................................................................................................. PAYROLL ADDITIVES:(29.41%) $122.90 $276.66 $862.04 $162.29 $135.29 .................................................................................................................. DIRECT NON -PAYROLL COSTS Reproduction $0.00 $150.00 $300.00 $38.72 $0.00 Survey Supplies $0.00 $0.00 $0.00 $0.00 $0.00 Computer Rental $0.00 $20.00 $50.00 $20.00 $0.00 Mileage/Travel $300.00 $0.00 $300.00 $200.00 $0.00 ..................................................................................... 0.....____......._______..... Subtotal- Direct Cost $840.78 $1,387.36 $4,443.16 $972.82 $595.29 .................................................................................................................. INDIRECT COSTS (109.72%) $458.50 $1,032.14 $3,216.02 $605.45 $504.71 ..............................................................................................•-------------_._... Subtotal $1,299.28 $2,419.50 $7,659.19 $1,578.26 $1,100.00 ................................................................................................. M.......____..... PROFESSIONAL FEE (profit) $194.89 $362.92 $1,148.88 $236.74 $165.00 .................................................................................................................. CONSULTANT FEE $0.00 $0.00 $0.00 $100.00 $7,500.00 Subtotal: $1,494.17 $2,782.42 $8,808.07 $1,915.00 $8,765.00 ESTIMATED FEE : $23,764.65 Prepared 1294p 407 SCHEDULE OF SALARY RATES FILE #35 2.75 MARK-UP CLASSIFICATION REGULAR Principal $84.00 Senior Project Manager 75.00 Project Manager 61.00 Senior Project Engineer 55.00 Project Engineer 48.00 Senior Design Engineer 43.00 Design Engineer II 35.00 Design Engineer I 34.00 Senior Draftsman/Technician 33.00 Draftsman/Technician 23.00 Construction Observer 31.00 Party Chief 31.00 Instrument Man 19.00 Rodman 17.00 Clerical 20.00 I JANUARY 01, 1988 UBER1294P Gr408 I I, Alma Kolhsyye, Circuit Clerk ane Er -officio Recorder for Wcshington CorYi dltumesas, do hereby certify that this in- ns was filed for record in my office bs duly drec iated hereon and the same is now orded with the acknowledgement bnd Certificate thereon in Record 8 Pago as indicated t ook and hereon. IN WITNESS WHEREOF, I hayo hereunto set my hand and affixed the seal of said Court on the date indicated hereon. Alma Kollmeyer Circuit Clerk and Ez-of/i<io Recor O by CERTIFICATE OF RECORD State of Arkansas i SS City of Fayetteville Clerk and 1, Suzanne C. McWethy, City Ex -Officio recorder for the City of Fayetteville, do hereby certify that the office and the same ap- annexed or fore- going is of record in my peearrs in Ordinance & Resolution book ess my __ (J at page th � day of hand and seal this 19 0 en f i ,., n v, OX Q � City Clerk and Ex-Offtao Recorded "4' ORDINANCE No. 338U - AN ORDINANCE WAIVING THE REQUIREMENTSOF .COMPETITIVE BIDDING FOR ENGINEERING SERVICES IN CONNEC- TION" WITH THE CON- STRUCTION' OF IM- IFRA YEE T TTS TO E V II LTHE L E MUNICIPALAIRPORT. 4-BE:-'IT'ORDAINED :BY eiHEBOARD OF DIREC' .eTORS OF:THE CITY OF .F AYETTE VIL'LE. �:•. section l..That me nua.0 of Directors hereby waives the requirements of com- petitive bidding for engl-, nearing services in conned- :aing with the construction of jlmprovments at the Psyet' ttevllle Municipal Airport for the reason that said re- qulrements are not feasible .....um the selection of a volves suble[nve uRu.v :making. �' - •SeatiOn 2. That the Board: of -Directors -hereby authorizes the Mayor and City Clerk to execute an en- i .gineering services contrail" with Garver + Garver, P.A.'I Engineers of Little Rock1 Arkansas for engineering services necessary for the construction of a lighted runway and taxiway mat(Ra• refurbishment of the bea onI andbeacon tower, and, replacement of. primary I windsock and two secondary i windsocks at the Fay"t-. teville Municipal Airport.lA copyr of the contract authorized for execution hereby is attached hereto , marked Exhibit "A" and made a part hereof. Section 3. That the Board of Director hereby deter- mines that Immediate con- struction of the airport im- provements enumerated In the contract attached hereto are essential to safe opera- tion of the Fayetteville Mun Ic,Ip a l --A IrPo rt. •_Therefore, an emergency Is hereby declared to exist and this ordloance being netts sary /the public "safety and welfare l snalab In full force and effect from • and after its passage am :.,a:.. .,ArrKVv' - -Gs•: By; Marilyn John. Ma ATTEST ',:i`•'r"C;..; By: Suzanne MCWethy . City Clerk :•c- ' Exhibit"'A" is on file in City Clerk's ONICe, 113 Mountain Street. STATE of ARKANSAS 1 as. County of Washington I. - f- � hereby certify that I am the publisher of E NORTHW EST ARKANS 5 TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) Intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months,- circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value It contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for consecutive Insertions as follows: The first insertion on the day of t. 19 d 0 the second insertion on the day of 19 the third Insertion on the day of 19 and the fourth insertion on the __ day ySworn to and subscribed before me n this 2Ld_ ay of Nc"ry Public My Commission Expires: Q- /-9/ Fees for Printing — S /N Cost of Proof — S Total —. S 2 '._§tom I • MICROFILMED CONTRACT FOR ENGINEERING SERVICES Lighted Runway and Taxiway Markers Refurbishment of the Beacon and Beacon Tower Replacement of Primary Windsock and Two Secondary Windsocks DRAKE FIELD FAYETTEVILLE, ARKANSAS AIP 3-05-0020-10-88 THIS AGREEMENT, made as of the a' `day of 19 , by and between the City of Fayetteville, hereinafter called the "City," and Garver+Garver, P.A., Engineers, P.O. Box C-50, Little Rock, Arkansas 72203, hereinafter called the "Engineer." W I T N E S S E T H: WHEREAS, the City intends to construct the following improvements at Drake Field, hereinafter referred to as the Project: Lighted Runway and Taxiway Markers Refurbishment of the Beacon and Beacon Tower Replacement of Primary Windsock and Two Secondary Windsocks All project improvements shall be in accordance with the Application for Federal Funds submitted for the Project by the Engineer. The City and the Engineer agree as follows: SECTION I - GENERAL The City agrees to employ the Engineer and the Engineer agrees to perform professional engineering services for the project. The Engineer prepared and is familiar with the application for Federal Funds for the project and has visited the site where the construction will be performed. Engineering will conform to the requirements and standards of the City and the Federal Aviation Administration, in accordance with regulations and procedures established for Federal Aid Projects. The Engineer will coordinate all work with the City, the FAA, and others required in the accomplishment of the work. r SECTION II - SCOPE OF SERVICES The Engineer shall render all professional engineering services necessary and customary in the planning and construction of the improvements described above. Services for each phase of the project are described in more detail as follows for: H 1. BASIC ENGINEERING SERVICES FOR THE: A. Preparation of Preliminary Report. The Engineer shall: 1. Serve as the City's representative in the preliminary phase of the project and furnish consultation and advice to the City during the performance of this service. 2. Attend preliminary conferences alone or with City representative, local officials, state and federal agencies, utility companies and others regarding the proposed project, its general design, functions, and impact. 3. Assist the City in ordering and directing the accomplishment of such special services as soil borings and material tests as may be necessary. 4. Prepare a preliminary engineering report, supported by preliminary plans, and submit copies for review and approval to the City and FAA in the number required. 6. Attend conferences for review and conduct coordination conference of interested agencies and utilities, if required. B. Design Phase. The Engineer shall: 1. Plan and direct the balance of soil borings and tests required for final design of the project. 2. Prepare detailed construction drawings, specifications, instructions to bidders, general provisions and special provisions, all based on guides furnished to the Engineer by the City and FAA. Contract Documents (Plans, Specifications, and Estimates) will be prepared for one (1) construction contract. These designs shall be in accordance with sound engineering principles and shall be submitted to the FAA office from which approval must be obtained. Detailed specifications shall be developed using FAA "Standards for Specifying Construction for Airports" AC 150/5370-10, or other appropriate standards approved for use by the FAA. A specimen copy of the General Provisions and applicable prevailing wage rates will be obtained by the Engineer from the FAA and the Arkansas Department of Labor for incorporation into the specifications for the proposed project. 3. Submit to the FAA Airport's District Office advance copies of the plans and specifications and cost estimates for review. The Engineer will make any additions to respond to comments by the FAA, and when the documents have been approved, the Engineer will furnish plans to the FAA and to the City for bidding and coordination purposes. C. Construction Phase. The Engineer shall: 1. Assist the City in securing bids by issuing contract documents to prospective bidders. The Engineer will be available to answer questions and discuss proposed work with prospective bidders during the advertisement period. If information has been inadvertently omitted or if field 2 conditions are changed, addenda to the Plans and Specifications shall be issued. The Engineer shall prepare tabulations of bids received, and prepare a recommendation to the City concerning award of the Construction Contract. 2. Assist the City in the execution of all contract documents and furnish a sufficient number of executed documents for the City, Contractor and FAA. 3. Attend and act as the City's representative at the required preconstruction conference. 4. Perform the duties and discharge the responsibilities stated in Project Specifications after receiving authorization to proceed with construction; however, the Engineer does not guarantee the performance of the contract by the Contractor nor assume any duty to supervise safety procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site. As a minimum, the Engineer or his qualified representative will visit the site of the work on the average of once during each fifteen (15) working days of the construction period. These visits should be scheduled to coincide with each new phase of construction, scheduled FAA inspections, and other times when his presence is desirable. The Engineer or his qualified representative will be available at all times work is in progress for telephone contact by the construction observer. The Engineer shall direct, supervise, advise, and counsel the construction observer in the accomplishment of his duties. 5. Consult with and advise the City during the construction period. He will submit, when requested by the City, written reports to the City on the progress of the construction including any problem areas that have developed or are anticipated to develop. In addition, Engineer shall supply to City such periodic reports and information as may be required by the FAA. 6. Certify monthly and final estimates for payment to the Contractor. 7. Coordinate with the construction observers to insure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency. 8. Assist the City in the observation of Contractor's operations for proper classification of workers, and review of Contractor's payrolls as necessary to determine compliance with the prevailing wage rates. 9. When authorized by the City, prepare change orders or supplemental agreements, as appropriate, for ordering changes in the work from that originally shown on the Plans and Specifications. If re -design or substantial engineering is 3 required in the preparation of these documents, payment for extra services involved will be made in addition to the payment provided in basic engineering services. 2. SPECIAL ENGINEERING SERVICES FOR: A. Surveys for Design and Preparation of Plans. The Engineer will use his personnel to supplement existing surveys and aerial photography. Surveys will be made of existing facilities necessary for design and for preparation of preliminary and final plans. B. Construction Observation. During the normal project construction time estimated to be: 75 calendar days. The Engineer will maintain resident personnel on the job for detailed construction observation and coordination of the work. Construction observation will be performed by qualified personnel mutually acceptable to the City and the Engineer. The construction observer shall endeavor to protect the City against defects and deficiencies in the work of the Contractor, but he does not guarantee the Contractor's performance. The construction observer will prepare requests for monthly and final payments to the Contractor and will provide "As -Built" information for preparation of "As -Built" Drawings of the completed project. 3. TESTING: The Engineer shall direct the making of sufficient material tests by an approved testing laboratory to permit proper design of the improvements and to demonstrate compliance with specifications during construction. Cost of such necessary testing will be paid by the City directly to the testing laboratory. 4. ADDITIONAL SERVICES: A. After approval of the preliminary Plans and Specifications, should there be a change in the Scope of Work or a significant change that requires re -design, the Engineer will make such changes as directed by the City. B. When directed by the City, the Engineer will prepare major Change Orders or Supplemental Agreements during the construction phase as required to accomplish the work. Major Change Orders are defined as those that require re -design or substantial engineering. C. If unanticipated conditions should arise that extend the Project construction time beyond that established in the Contract Documents, the Engineer will maintain resident personnel on the job, as required, to complete the Project. D. When directed by the City, the Engineer will assist as expert witness in litigation arising from the development or construction of the Project. 4 SECTION III - FEES 1. For the Basic and Special Engineering Services described above, the engineering fees shall be as tabulated below: Work Description Preparation of Preliminary Report $ 2,782.42 Preparation of Reports and Plans $ 8,808.07 Contract Administration $ 1,915.00 Surveys for Design $ 1.494.17 Subtotal Lump Sum Cost $15,014.66 Construction Observation $_8.765.00 "Not to Exceed" Cost $23,764.65 For the construction observation portion of the project, the City agrees to pay the Engineer reimbursement of all salary costs, overhead, and fees at the rates tabulated in the Schedule of Salary Rates attached to this Contract. As tabulated above, and as estimated in detail in the attached "Engineering Contract Cost Estimate," the estimated cost of the construction observation is $8,765.00. The overhead percentages shall be as shown on the attached "Engineering Contract Cost Estimates." The "not to exceed cost" tabulated time contains an estimated cost of the time and materials required for construction inspection of $8,765.00 based on the construction contractor's performance time of 75 calendar days for the contract. This estimated cost for construction inspection will not be exceeded if the construction contract performance time does not exceed 75 calendar days. All miscellaneous expendable supplies normally required by the Engineer in the performance of these services will be purchased by the Engineer, who will be reimbursed by the City. All such expenditures will be substantiated by paid invoices or by accounting procedures approved by the City. Proper and adequate accounting records shall be maintained by the Engineer, and will be readily available for inspection and/or audit by the City and/or the Federal Aviation Administration. Payments based on the incurred cost and the fee earned will be made monthly based upon statements submitted by the Engineer to the City. These statements will be substantiated by a monthly progress report prepared by the Engineer, and submitted in the form and number required by the City. 2. For the preparation of Preliminary Plans, preparation of Final Plans, Contract Administration, and Surveys for Design portion of the Project, the City agrees to pay the Engineer the lump sum fee of $15,014.66. The Engineer will be paid monthly based on percent of project complete to date. Total payment for each part as shown above will be due when 5 that part is acceptably complete to the satisfaction of the City. 3. For additional services described in SECTION II, paragraph 4, the City and the Engineer agree to negotiate the Engineering Fee in accordance with the Scope of Services to be performed. SECTION IV - THE CITY AND ENGINEER FURTHER AGREE 1. This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection with the provisions of this contract which cannot be disposed of by mutual agreement between the City and Engineer, the matter shall be resolved in accordance with the Laws of the State of Arkansas. 2. This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one (1) party through no fault to the other party. If this Agreement is so terminated, the Engineer shall be paid for the time and materials expended to accomplish the services performed to date, as provided in SECTION III - ENGINEERING FEES; however, the Engineer may be required to furnish an accounting of all costs. 3. The FAA, City, Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcription. The Engineer shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed. 4. After completion of the Project, and Engineer shall deliver to the City, prepared under this Contract includ drawings, and one (1) set of the Plans updated to reflect changes. sketches, charts, computations and prior to final payment, the all original documentation ing tracings of the record record drawing Construction Basic survey notes and other data shall be made available, upon request, to the City without restriction or limitation on their use. In the event the City does not have proper storage facilities for the protection of the original Drawings, the City may request the Engineer to retain the Drawings with the provision that they will be made available without restriction upon written request. In the event any of the above documents are re -used by the City, the nameplates will be removed and the Engineer released and held harmless of subsequent liabilities. 2 TITLE VI ASSURANCES During the performance of this contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: 1. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to -- (a) withholding of payments to the Engineer under the contract until the Engineer complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Engineer shall include the 7 provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directi'aes issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the City to enter into such litigation to protect the interests of the City and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. G'. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The Engineer agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Engineers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Engineer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. ATTEST: frvtt City of Fayetteville ATTEST: GARVER+C VER, P.A., ENGINEERS President 9 AIRPORT IMPROVEMENT AID PROJECT: 3-05-0020-10-88 STATE: Arkansas CERTIFICATION OF ENGINEER I hereby certify that I am PRESIDENT and duly authorized representative of the firm of GARVER+GARVER, P.A., ENGINEERS, whose address is ELEVENTH AND BATTERY STREETS, P. 0. BOX C-50, LITTLE ROCK, ARKANSAS, 72203, and that neither I nor the above firm I here represent has: (1) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me of the above consultant) to solicit or secure this contract; (b) Agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or (c) Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any). I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds and is subject to applicable State and Federal laws, both criminal and civil. GARVER+GARVER, P.A., ENGINEERS Y� Preside DATE: 10 `FAYETTEVILLE MUNICIPAL AIRPORT DRAKE FIELD AIP "10" ENGINEERING COST ESTIMATE --August, 1988 SURVEYS FOR DESIGN 1. Gather existing plans and specifications for proposed improvements, and make field inspections to support design effort. 2. Establish Survey baselines to provide vertical and horizontal control of the work. 1 2 TOTAL ---------------------------------- Project Manager 8 0 8 Project Engineer 8 1 9 Design Engineer 0 0 0 Electrical Engineer 4 0 4 Technician 4 0 4 Draftsman 0 0 0 Typist 0 0 0 Surveyor 0 0 0 Const. Observer 0 0 0 Const. Engineer ---------------------------------- 0 0 0 PREI14NARY WORK AND PREPARATION OF PRELIMINARY ENGINEERING REPORT 1. Prepare and support application for Federal Funds. 2. Prepare engineering report that explains and illustrates the preliminary design. Prepare preliminary plans to support the report. Accomplish premiminary design. 3. Design. Sequence of Construction;designate restricted areas; haul routes; equipment storage areas; work restrictions. 4. Draw preliminary plans- See separate list of sheets and draftsman's time estimate 5. Prepare preliminary specifications, project cost estimate, and project budget. 6. Conduct Coordination meetings and reviews to insure the coordination and input from the Airport Staff and the FAA. SUB SUB 1 TOTAL 2 3 4 5 6 TOTAL ------------------------------------------------------------ Project Manager 6 6 2 2 0 2 4 10 Project Engineer 41 41 12 4 0 8 8 32 Design Engineer 0 0 30 8 12 8 8 66 Electrical Engineer 0 0 8 0 0 8 1 17 Technician 0 0 0 0 0 4 0 4 Draftsman 10 10 4 0 65 0 0 69 Typist 4 4 4 0 0 8 0 12 surveyor 0 0 0 0 0 0 0 0 Const. Observer 0 0 0 0 0 0 0 0 Const. Engineer ------------------------------------------------------------ 0 0 0 0 0 0 0 0 y 1. PREPARE CONSTRUCTION PLANS 1. Receive and incorporate into plans comments from City Airport Staff, FAA, and Airport Users. Incorporate response to comments into plans prepare final Plans, specifications, quantities, and final contract documents. CONSTRUCTION CONTRACT ADMINISTRATION 2. Prepare advertisement, dispense plans and specifications to prospective bidders, answer contractor's questions during bidding phase, recieve bids, prepare bid tabulation, analyze bids, recommend award of contract, prepare contract documents, prepare project budget. 3. Pre -construction conference: Prepare for, conduct, and prepare minutes of pre -construction conference. Prepare progress payments and progress reports for presentation to City. CONSTRUCTION OBSERVATION 4. Garver+Garver and Northwest Engineers will provide continous project observation as required by major construction events, or as required by the City. We estimate that construction observation will be required for a total of 20 hours of Garver+Garver personnel, and 430 hours of Northwest Engineer's personnel. SURVEYS FOR CONSTRUCTION 5. Garver+Garver and Northwest Engineers will direct and assist the contractor to stake the work from the control established for the project. SUB SUB 1 TOTAL 2 3 TOTAL 4 5 ------------------------------------------------------ Project Manager 2 2 0 8 8 8 0 Project Engineer 12 12 4 8 12 12 0 Design Engineer 0 0 3 2 5 0 0 Electrical Engineer 8 8 0 0 0 0 0 Technician 2 2 2 0 2 8 0 Draftsman 4 4 2 0 2 0 0 Typist 6 6 2 4 6 0 0 Surveyor 0 0 0 0 0 0 0 Const. Observation 0 0 0 2 2 0 0 Const. Engineer ------------------------------------------------------ 0 0 0 0 0 0 0 Engineering Contract Cost Estimate Drake Field, Fayettville Arkansas, AIP "10" GARVER + CARVER ENGINEERS PROJECT DESCRIPTION: Rehabilitate Airfield Beacon and Beacon Tower Replace and Relocate Primary Windsock and Segmented Circle Lighted Runway and Taxiway Markers Replacement of two Secondary Windsocks ..........................................................................."'.....-_.....__._..-.___......---.... Surveys Preliminary Preparation of Contract Construction For Design Work Reports and Plans Administration Observation .................................................................................................................. DIRECT SALARY COST MAN MAN HOURS COST HOURS COST .................................... MAN MAN MAN HOURS COST HOURS COST HOURS COST ..................................................... Project Manager 8 $173.04 6 $129.78 12 $259.56 8 4173.04 8 $ 173.04 Project Engineer 9 $154.08 41 $701.92 44 $753.28 12 $205.44 12 $205.44 Design Engineer 0 $0.00 0 $0.00 66 $844.14 5 $63.95 0 $0.00 Electrical Engineer 4 $50.00 0 $0.00 25 $312.50 0 $0.00 0 $0.00 Technician 4 $40.76 0 $0.00 6 $61.14 2 $20.38 8 $81.52 Draftsman 0 $0.00 10 $75.00 73 $547.50 2 $15.00 0 $0.00 Typist 0 $0.00 4 $34.00 18 $153.00 6 $51.00 0 $0.00 Surveyor 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Const. Observer 0 $0.00 0 $0.00 0 $0.00 2 $23.00 0 $0.00 Const. Engineer 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 ------------------------------------------------------------------------------------------- = " " " " "'....'----. Subtotal - Salaries $417.88 $940.70 $2,931.12 $551.81 $460.00 PAYROLL ADDITIVES:(29.41X) $122.90 $276.66 $862.04 $162.29 $135.29 --------------------------------------'--------.-------..-----....--------.-...------..---" ' " " "'... " .''..... DIRECT NON -PAYROLL COSTS Reproduction $0.00 $150.00 $300.00 $38.72 $0.00 Survey Supplies $0.00 $0.00 $0.00 $0.00 $0.00 Computer Rental $0.00 $20.00 $50.00 $20.00 $0.00 Mileage/Travel $300.00 $0.00 $300.00 $200.00 $0.00 .............................................................................................. "'._.....__........ Subtotal- Direct Cost $840.78 $1,387.36 $4,443.16 $972.82 $595.29 INDIRECT COSTS (109.72%) $458.50 $1,032.14 $3,216.02 $605.45 $504.71 .................................................................................................................. Subtotal $1,299.28 $2,419.50 $7,659.19 $1,578.26 $1,100.00 .................................................................................................................. PROFESSIONAL FEE (profit) $194.89 CONSULTANT FEE $0.00 Subtotal: $1,494.17 ESTIMATED FEE : $23,764.65 Prepared by $362.92 $1,148.88 $236.74 $165.00 .......................................................................... $0.00 $2,782.42 $0.00 $100.00 $8,808.07 $1,915.00 $7,500.00 $8,765.00 4 SCHEDULE OF SALARY RATES FILE #35 CLASSIFICATION Principal Senior Project Manager Project Manager Senior Project Engineer Project Engineer Senior Design Engineer Design Engineer II Design Engineer I Senior Draftsman/Technician Draftsman/Technician Construction Observer Party Chief Instrument Man Rodman Clerical 2.75 MARK-UP REGULAR $84.00 75.00 61.00 55.00 48.00 43.00 35.00 34.00 33.00 23.00 31.00 31.00 19.00 17.00 20.00 JANUARY 01, 1988 MICROFILMED :.ISECLFICATIO1\L:S AND 1 CONTRACT DOCUMENTS 1 PREPARED FOR'i 1 i PROJECTI 1 1 1 1 1 PREPARED BYI Garver+Garver 1 Garver & Garver, P.A. Engineers U. P.O. Box C•50 Little Rock, Arkansas 72203 (501) 378.3633 1 CITY OF FAYETTEVILLE FAYETTEVILLE MUNICIPAL AIRPORT REHABILITATE AIRPORT SIGN SYSTEM; REPLACE ROTATING BEACON AND REPAINT TOWER; REPLACE PRIMARY WIND CONE AND SEGMENTED CIRCLE; AND REPLACE SUPPLEMENTAL WIND CONES ALP PROJECT NO. 3-05-0020-10 OCTOBER, 1988 87-1040-000 1, 5?O:sc: (?"o -4c Agency) 2. Sponsors Address 3. Supplemental Agreement Number '113 West Mountain City of Fayetteville Fayetteville, Arkansas 1 4. ate of AirportProject Su=be: 6. Date Prepared A 5. Drake Field 3-05-0020-10 December 21, 1988 7. N.�.e and Address of Co:.t:acto: Northwest Electric, Inc. P.O. Box 694, Fayetteville. AR 7270 '' 8. Description of work Included in Contract Rehabilitate Airport Sign System; Replace Rotating Beacon and Repaint Tower; Replace Primary Wind Cone and Segmented Circle; and Replace Supplemental Wind Cones. 9. Changes Ordered and Reason Ordered (List individual ca:,ges as: A, 3, C, D, etc.) A thru C. Add cable trench, L -824C 5KV Cable, and counterpoise for installation of ' Distance Remaining Signs. D. Install Distance Remaining Signs for improved safety at the airport and as an aid to pilots using the airport. ' E. Delete pavement marking from the contract because of too high a unit price. E . Lid Original ' ntract Item Estimated anges No. Quantity A. L-10 -5.la 810 L.F. B. L-10 -5.1b 2,055 L.F. C. L-10 -5.ld 1,030 L.F. D. L-12 -5.1e 0 E. P-62 -5.1 125 S.F. Contract Revised Negotiated Unit Estimated C.O. Unit Price Quantity Price $ 0.60 935 L.F. -- $ 0.60 2,330 L.F. --- $ 0.40 1,165 L.F. -- --- 5 Ea. $1,120.00 $25.60 0 Original Revises Estimated Estimated Cost Cost i $ 486.00 $ 561.00 $1,233.00 $1,398.00 $ 412.00 $ 466.00 0.00 $5,600.00 $3,200.00 $ 0.00 $5,331:00 $8,025.00 :-ohm", /3 11O.VV I Or=g Contract .— -- Previously Approved Change Orders $ (Increase/Dec: ease),ncrease/RR9S92AJ0 This Change Order $ 2,694.00 ci- New Contract A—o,.n_ $ 75,810.00 Contract t_ increased/decreased by 0 days. 1Ge•: Contract t:=e 17 A days. CO =nylc 0 S I\7- -_- A3G+= Date ACC - =as-�9 .... S?ONS R , Date S_,.._ 1.-e - ACC??• - L COY_ ACZOR n° `� Date tu:e AD-I.ISTRATION ?roject :tanager. CON7iiIONS Oc APPROVAL: -s c^an_e cider/s tolementa? agree satisfactory. Tederal participation in the ?ncreasec test is of federal funds. •:: Date is � co tst dere�, jest to SW =n.- 5100-3 (10/:4) II FAYETTEVILLE MUNICIPAL AIRPORT REHABILITATE AIRPORT SIGN SYSTEM; REPLACE ROTATING BEACON AND REPAINT TOWER; REPLACE PRIMARY WIND CONE AND SEGMENTED CIRCLE; AND REPLACE SUPPLEMENTAL WIND CONES AIP PROJECT NO. 3-05-0020-10 TABLE OF CONTENTS Page No. I. GENERAL DOCUMENTS Advertisement for Bids A-1 Instructions to Bidders I-1 Bid Bond BB -1 Proposal P-1 Certification of Bidder Regarding Equal Employment Opportunity CEEO-1 Statement of Bidder's Qualifications SBQ-1 List of Proposed Subcontractors S-1 Contract C-1 Performance Bond PEB-1 Payment Bond PAB-1 II. GENERAL PROVISIONS Definition of Terms GP 10-1 Proposal Requirements and Conditions GP 20-1 Award and Execution of Contract GP 30-1 Scope of Work GP 40-1 Control of Work GP 50-1 Control of Materials GP 60-1 Legal Relations and Responsibility to Public GP 70-1 Prosecution and Progress GP 80-1 Measurement and Payment GP 90-1 Wage, Labor, EEO and Safety Requirements GP 100-1 Disadvantaged Business Enterprise Contract Provisions GP 110-1 III. SPECIAL CONDITIONS Paragraph No. SC -01 General Description of the Work SC21 SC -02 Special Instructions SC -1 SC -03 Restrictions on Time for Work SC -1 SC -04 Limits of Insurance SC -2 SC -05 Notice to Proceed SC -3 SC -06 Time for Completion & Liquidated Damages SC -4 SC -07 Legal Holidays SC -6 i I TABLE OF CONTENTS (Cont'd) Page No. Paragraph No, SC -08 Instrument Control SC -6 SC -O9 Security and Control of Access SC -6 SC -10 Safety SC -6 'Sc-i1 Documents for the Contractor SC -7 SC -12 NOTAMs SC -7 SC -13 Construction Activity and Aircraft SC -7 Movements SC -14 Motorized Vehicles SC -7 SC -15 Clean Up SC -8 SC -16 Project Meetings and Coordination SC -8 ' SC -17 Schedules and Record Documents SC -8 SC -18 List of Plans SC -8 SC -19 Measurement and Payment SC -9 IV. TECHNICAL SPECIFICATIONS ' Item No. SP -1 Site Preparation SP -1-1 ' SP -2 Night Work & Interrupting Conditions SP -2-1 L-103 Airport Beacon Tower L-103-1 L-107 Installation of Airport Wind Cones L-107-1 I. L-108 Install Underground Cable L-108-1 L-125 Install Airport Lighting System L-125-1 L-130 Rehabilitation of 36" Rotating Beacon L-130-1 P-610 Structural Portland Cement Concrete P-610-1 P-620 Runway and Taxiway Painting P-620-1 T-904 Sodding T-904-1 T-905 Topsoiling T-905-1 1 I I I I ii I ADVERTISEMENT FOR BIDS Sealed bids for "Rehabilitate Airport Sign System; Replace Rotating Beacon and Repaint Tower; Replace Primary Wind Cone and Segmented Circle; and Replace Supplemental Wind Cones" will be received at City Hall, Purchasing Office, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m. , Tuesday, December 13, 1988; at which time and place the bids will be publicly opened and read aloud. The work involves, but is not limited to, the following: 1. Installation of Taxiway Signs 2. Replacement of the 36" Rotating Beacon 3. Cleaning and Painting of the Beacon Tower 4. Replacement of the Primary Wind Cone and Segmented Circle 5. Replacement of the Supplemental Wind Cones Contract documents, specifications, and drawings, may be seen at the office of Garver+Garver, PA, Engineers, Eleventh and Battery Streets, Little Rock, Arkansas, at the office of the airport manager, Drake Field, Fayetteville, Arkansas, or at City Hall in the Purchasing Office, 113 West Mountain Street, Fayetteville, Arkansas. Copies of the Plans and "Contract Documents and Specifications" may be secured from Garver+Garver, PA, upon payment of Thirty Dollars ($30.00) for each complete set. No refund of payment will be made. Each bid shall be accompanied commitment such as a bid bond, instrument equivalent to five (5) assurance that the bidder will, contractual documents within ten award. Such bid guarantee she Fayetteville. by a bid guarantee consisting of a firm certified check, or other negotiable percent of the amount of the bid, as upon acceptance of his bid, execute (10) calendar days following notice of L1 be made payable to the City of Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts ' financed in whole or in part with Federal funds. All bidders and proposers shall make good faith efforts, as defined in ' Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 8 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder ' for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian Americans. The apparent successful bidder (proposer) will be required to submit information ' A-1 I concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. The proposed contract is under and subject to Executive Order 11246 of ' September 24, 1965, and to the Equal Opportunity Clause. The bidder (proposer) must supply all information required by the bid or proposal form. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify ' prospective subcontractors of the requirement for such a certification where the amount of the subcontract exceeds $10,000. Samples of the certification and the Notice to Subcontractors appear in the ' specifications. Women will be afforded equal opportunity in all areas of employment. ' However, the employment of women shall not diminish the standards or requirements for the employment of minorities. For contracts of $50,000 or more, a contractor having 50 or more employees and his subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more will be required to maintain an affirmative action program within 120 days of the commencement of the contract. Mechanics and laborers on the project shall be paid not leas than the minimum hourly rates set out in Wage Determination Decision No. AR88-7, U.S. Department of Labor, a reproduction of which is bound in the Contract Documents. 1 Act 150 of 1965, Arkansas Statutes, states that a contractor must be licensed by the State Licensing Board for Contractors before he may undertake work when the cost thereof is Twenty Thousand Dollars ($20,000.00) or more. ' The City of Fayetteville reserves the right to reject any or all bids and to waive formalities, except for conditions affecting Executive Order ' 11246. No bid may be withdrawn within sixty (60) days after the scheduled closing time for receipt of bids. ' CITY OF FAYETTEVILLE, ARKANSAS Marilyn Johnson, Mayor A-2 INSTRUCTIONS TO BIDDERS 1. Explanation to Bidders. Any explanation desired by bidders regarding the meaning or interpretation of the plans and specifications must be requested in sufficient time allowed for a reply to reach them before the submission of their bids. Oral explanations or instructions given before the award of the contract will not be binding. Any interpretation made will be in the form of an addendum to the specifications or plans and will be furnished to all bidders by certified mail. 2. Conditions at Site of Work. Bidders should visit the site to ascertain pertinent local conditions readily determined by inspection and inquiry, such as the location, accessibility, and general character of the site. 3. Bidder's Qualifications. Before a bid is considered for award, the bidder may be requested by the Owner to submit a statement of facts in detail as to his previous experience in performing similar or comparable work, his business organization, financial resources, and plant available to be used in performing the contemplated work. A "Statement of Bidder's Qualifications" is included for this purpose in the bound contract documents (see Table of Contents). 4. Bid Guarantee. Failure to submit a bid guarantee with the bid may be cause for rejection. The bidder, at his option, may furnish a bid bond, postal money order, certified check, or cashier's check, or may deposit, in accordance with Treasury Department regulations, bonds or notes of the United States (at par value) as security in the amount required. In case security is in the form of postal money order, certified check, cashier's check, or bonds or notes of the United States, the Owner may make such disposition of the same as will accomplish the purpose for which submitted. Checks may be held uncollected at the bidder's risk. 5, Preparation of Bids. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each such erasure or change must be initialed by the person signing the bid. Bidders must quote on all items; failure to do so may disqualify the bid. 6.' Submission of Bids. Bids must be submitted as directed on the proposal form. Bids must be submitted in sealed envelopes bearing on the outside, the name of the bidder, his address, and the name of the project for which the bid is submitted, the city purchasing office bid number (No. 897), and the date of opening. If forwarded by mail, the sealed envelope containing the bid, and marked as directed above, must be enclosed in another envelope properly addressed. 7. Receipt and Opening of Bids. Bids will be submitted, prior to the time fixed in the Advertisement for Bids. Bids received after the time so fixed are late bids; late bids will not be considered but will be held unopened I-1 No responsibility will attach to any person for the premature opening of, or the failure to open, a bid not properly addressed and identified. 8. Withdrawals of Bids. Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 9. Bidders Present. At the time fixed for the opening of bids, their contents will be made public for the information of bidders and others properly interested, who may be present either in person or by representative. 10. Bidders Interested in More Than One Bid. If more than one bid be offered by any one party, by or in the name of his or their clerk, partner, or other person, all such bids will be rejected. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work. 11. Award of Contract. The contract will be awarded (pending preaward review and approval by the Federal Aviation Administration) as soon as practicable to the lowest responsible bidder, price and other factors considered, provided his bid is reasonable and it is in the interest of the Owner to accept it. The Owner reserves the right to waive any informality in bids received when such waiver is in the interest of the Owner. In case of error in the extension of prices, the unit price will govern. Notice to proceed with the work on this project is expected to be given in April 1989. 12. Rejection of Bids. The Owner reserves the right to reject any and all bids when such rejection is in the interest of the Owner; to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature; and to reject the bid of a bidder who is not, in the opinion of the Owner, in a position to perform the contract. All bids may be rejected if the lowest responsive bid received exceeds the Engineer's estimate by more than seven (7) percent and it is determined that an award of contract would cause excessive inflationary impact. 13. Contract and Bonds. The bidder to whom award is made shall, within the time established, enter into a written contract with the Owner and furnish certificates of insurance coverage and performance and payment bonds. The bonds shall be in the amount of the awarded contract. Insurance coverage shall be in the amounts indicated in the "Special Conditions" (see Table of Contents). 14. Contractor's Liability Insurance Requirements. The bidder shall ' provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In addition, the ' bidder shall provide a statement of premium cost issued by the agent or insurance carrier for that coverage. I-2 In the event the Owner determines that the low bidder's coverage in force is inadequate, the Owner may require the low bidder to procure additional coverage in amounts specified by the Owner. The cost of premiums for such additional coverage shall be paid by the Owner in the form of a reimbursement under the contract. In the event the lover bidder is unable, after diligent effort, to procure such additional coverage as may be required by the Owner, the Owner shall provide such additional coverage, naming the contractor as insured or, at the option of the Owner, reduce the amount of additional coverage required or waive any requirement for additional coverage. 15. Third Party Coverage. In the event the bidding documents require the contractor to name the consultant and/or the owner as additional insured, the bidder shall show the premium cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium above the premium for the coverage shown in the Certificate of Insurance submitted with the bid. In the event additional coverage is required by the Owner, the additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract. 16. Special Instruction to Bidders Regarding EEO. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended). A. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. B. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation in participation in each trade each trade These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CYR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. D. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Arkansas, Washington County, Fayetteville. I-4 Employers Mutual Casualty Company _ HOME OFFICE • DES MOINES BID BOND Bond No_S 10 39 46 (NOT VALID IF BID AMOUNT EXCEEDS S KNOW ALL MEN BY THESE PRESENTS: That We Northwest Electric Inc. P.O. Box 694, Fayetteville, AR 72702 as Principal. and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to do business in the State of Arkancac as Surety, are hold and firmly bound unto the City of Fayetteville Fayetteville, AR 72701 as obligee, in the sum of 5% of bid amount DOLLARS, lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors. administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: Rehabilitate Fayetteville Airport sign system, replace rotating beacon, repaint tower, replace primary wind cone and. segmented circle and replace supplemental wind cones. according to the terms of the proposal or bid made by the Principal therefor. and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of such proposal or bid and award and shall give bond for the faithful performance thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall 6e and remain in full force end effect. Signed, Sealed and Dated this 13th Witness Witness 1 December 19_88 nC . Principal Erst LOVERS MUTUAL CASUALTY COMPANY / lr Surety By Attorney -in -Fact 0 0 II Form 7007 Rev. 11-79 First Reotint Employers Mutual Companies P. O. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT ' Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company. a North Dakota Corporation Union Mutual Insurance Company of Providence. American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: I H I I'H I I I I I I I I I I RICK L. MCCOY, REYNIE RUTLEDGE, WILLO DEAN WINDSOR, ROBYN WINKLE, INDIVIDUALLY, FAYETTEVILLE, ARKANSAS------------------------------------------------------------- its true and lawful attorney -in -fact, with lull power and authority conferred to sign, seat, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS------------($25O,OOO.OO) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. April 1, 1990 unless sooner revoked. The authority hereby granted shall expire AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on March 9. 1983. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President. the Treasurer and the Secretary shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power of attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, The Companies havch aused these presents to be signed for each by their Chairman and Assistant Secretary, and the Corporate seals to be hereto affixed this `4th day of February , 19—$7. WARNING: This power invalid if red diagonal imprint "Employers Mutual C anies" is not present in its entirety. and if the signatures of the officers and notary public do not appear in blue, and if the 'EMC" w arm does t appear in the top half center of the page. Seals ;`•plNSpq ',: :•SUPMd L'E••, P� �N Uq '•, • PS�„`•"••• qy'•. ,P S.e�'r•,voa'° 2 % Robb B. Kelley John M. Van Sloun ,Fo-;yov,voa4 kkIt ;Q;z�o afro rz.°r�o °�•-�': Chairman Assistant Secretary 5o SEAL fr Z ap •;o NSUPANCFC ;, 4s't' DA."..?,,t Q Y Y . SEAL":0: SEAL O. O 5 1863 :05 ;mil - R.I. f : 0 ; et SEAL : s -0: ; 1953 _ - ,1IlI„ q.S,9f% t S. ; pP 0F4�', O yt SEAL KRISTIE L TYLER MY COMMISSION f�'O RES On this 24th day of Fehriiry AD 19_87 before me a Notary Public in and for Polk County, Iowa, personally appeared Robb B. Kelley and John M. Van Sloun, who being by me duly sworn, did say that they are. and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires October 2 1989 Notary Public CERTIFICATE I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify tt#dt he foregoin resolution of the Boards of Directors by each of The Co iP)a an es, nd is ower of Attorney i sued pursuant thereto on r ebruary 24 1987 on behalf of ick . CCPoy, Keynie tutledge, Willo Dean Windsor, Robyn Winkle are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each eaaccchhCoompany this 1'th day of r ❑ppmhpr .19_88 Vice -President Form 7832 Fourth Reprint P R O P O S A L Place Fayetteville, Ar. Date December 13, 1988 Proposal of Northwest Electric Inc. , a Corporation organized and existing under the laws of the State of OR Proposal of a partnership consisting of and OR Proposal of an individual trading as TO: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Arkansas The undersigned Bidder, having visited the site and examined the Plans, Specifications, and other Contract Documents, including all Addenda and being familiar •with all the conditions relating to the proposed project, hereby proposes to furnish all tools, appliances, equipment and specified materials, and perform all necessary labor for "Rehabilitate Airport Sign System; Replace Rotating Beacon and Repaint Tower; Replace Primary Wind Cone and Segmented Circle; and Replace Supplemental Wind Cones," Al? Project No. 3-05-0020-10, in strict accordance with the Plans, Specifications, and other Contract Documents at and for the unit prices proposed herein. The undersigned Bidder, having read the Advertisement for Bids, understands that sealed bids will be received at City Hall, Purchasing Office, 113 West Hountain, Fayetteville, Arkansas, until 2:00 p.m., Tuesday, December 13, 1988; at which time and place the bids will be publicly opened and read aloud. All extensions of the unit prices in the Unit Price Schedule will be subject to verification by the Owner. In case of discrepancy between a unit price and its extension, the unit price will be considered to be the bid. P-1 FAYETTEVILLE MUNICIPAL AIRPORT REHABILITATE AIRPORT SIGN SYSTEM; REPLACE ROTATING BEACON AND REPAINT TOWER; REPLACE PRIMARY WIND CONE AND SEGMENTED CIRCLE; AND REPLACE SUPPLEMENTAL WIND CONES AIP NO. 3-05-0020-10 UNIT PRICE SCHEDULE Item No. Item Description SP -1-6.1 Site Preparation SP-2-6.la Suspension Time SP-2-6.lb Standby Time P-620-5.1 Pavement Marking L -103-5.1a Clean and Paint Beacon Tower L -103-5.1b Fall Prevention System for Beacon Tower L -103-5.1c Lightning Protection for Beacon Tower L -103-5.1d Obstruction Lights for Beacon Tower L -107-5.1a L-807, Size 1, Style 1 Wind Cone, in place L -107-5.1b Segmented Circle, in place L -107-5.1c L-806, Size 1, Style 1 Wind Cone, in place L -108-5.1a Cable Trench L -108-5.1b L -824C, No. 8 AWC, 5KV Cable, installed in trench Estimated Unit Quantity Amount Lump Sum 100% xxx $ 3.220.00 Day 1 $640.00 $ .640.00 Hour 6 8100.00 $ 600.00 Sq. Ft. 125 $ 25.60 $ 3,200.00 Lump Sum 100% m $ 8.500.uo Lump Sum 100% xxx $ 2,063.00 Lump Sum 100% XRR S 621.00 Each 2 $ 223.00 $ 446.00 Each 1 $ 3,224.00 $ 3,224.00 Lump Sum 100% xxx $ 4,300.00 ,¢, Each 2 $ 2,602,00 $ 5,204.00 Lin. Ft. 810 $ .60/' S 486.00 Lin. Ft. 2,055 S .60/' S 1,233.00 P-2 Item No. Item Description L -108-5.1c L -824C, No. 8 AWG, 5KV Cable, installed in duct or conduit L-108-S.ld Bare Counterpoise, No. 8 AWG, installed in trench L-108-5.le Bare Counterpoise, No. 8 AWG, installed in duct or conduit L -108-5.1f Cable Marker L -125-5.1a Taxiway Sign, Type L -858Y, Size 1, 1 Panel/Single Face L -125-5.1b Taxiway Sign, Type L -858R, Size 1, 1 Panel/Single Face L -125-5.1c Taxiway Sign, Type L -858R, Size 1, 2 Panel/Single Face L -125-5.1d Taxiway Sign, Type L -858Y, Size 1, 3 Panel/Single Face L-130-8.la Rehabilitation of 36" Rotating Beacon, in place L -130-8.1b Electrical Service and Control for Rotating Beacon GP 30-09 Third Party Insurance TOTAL AMOUNT BID Estimated Unit Quantity Lin. Ft. 300 Lin. Ft. 1,030 Price Amount $ .58/'$ 174.00 $ .40 $ 412.00 Lin. Ft. 150 $ .38 $ 57.00 Each 6 S 50.00 $ 300.00 Each 24 $ 676.00 $ 16,224.00 Each 2 $ 676..00 $ 1,352.00 Each 5 $ 1,149.00 $ 5,745.00 Each 1 $ 1,479.00 $ 1,479.00 Each 1 S 7,748.00 $ 7,748.00 Lump Sum 100% XXX $ 5,738.00 Lump Sum 100% XXX 150.00 S 73,196.00 P-3 Accompanying this Proposal is a Other percent of the total amount of bid liquidated damages by the City of execute the Contract and furnish after formal notification of award Certified Check, ______ Bid Bond, in an amount not less than five (5) which, it is agreed, shall be retained as Fayetteville if the undersigned fails tc bond as specified within ten (10) days to the undersigned. The undersigned Bidder agrees to begin work within ten (10) calendar days after the notice to proceed is issued and complete the work within seventy- five (75) calendar days, and should he fail to fully complete the work within the above stated time, he shall pay the City of Fayetteville, as fixed, agreed and liquidated damages, and not as a penalty, the sum specified in subparagraph TIME FOR COMPLETION AND LIQUIDATED DAMAGES of SPECIAL CONDITIONS, for each calendar day of delay until the work is completed or accepted, and that additional time is only to be allowed for delays as stipulated in the Contract Documents. The undersigned Bidder agrees that this bid may not be withdrawn for a period of sixty (60) days after the opening thereof. The Owner expects to award within thirty (30) days, but bids must remain in effect for sixty (60) days in case of unforeseen delays in processing of Federal Aviation Administration grants. In submitting this bid, it is understood by the undersigned Bidder that the right is reserved by the City of Fayetteville to reject any and all bids. Previous Contracts. Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925, 11114, or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. The bidder (proposer) shall complete the following statements by checking the appropriate boxes: 1. The bidder (proposer) has x has not participated in a previous Contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. 2. The bidder (proposer) has x has not submitted all compliance reports in connection with any such Contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed Subcontractors will be obtained prior to award of Subcontracts. If the bidder (proposer) has participated in a previous contract subject to P-4 ' the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO -1" prior to 'the award of the contract. Standard Form 100 is normally furnished contractors annually, based on a I mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 "G" Street Washington, D. C. 20506 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The bidder (offeror) certifies, by submission of this proposal or acceptance of this contact, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lover tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/ proposal. Certification Regarding Foreign Trade Restrictions The contractor or subcontractor, by submission of an offer and/or execution of.a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contract or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, P-5 cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to contractor learns that its certification or that of a erroneous when submitted or has become erroneous by circumstances. The subcontractor agrees to provide immed to the contractor, if at any time it learns that its erroneous by reason of changed circumstances. the sponsor if the subcontractor was reason of changed iate written notice certification was This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to . require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. NORTHWEST ELECTRIC INC. Name of Bidder (21,t<& By -CQE_7Vc7 , ' (Signature) Witness DELANO COTTON, PRESIDENT Witness (Sig ature) (Print Name and Title) SEAL (If Bidder is a Corporation) (Office Address of Bidder) NOTES: Sign in ink. Do not detach. All items listed in the Unit Price Schedule must be bid upon. P-6 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY GENERAL BIDDER'S NAME NORTHWEST ELECTRIC INC. ADDRESS PO BOX 694 (]720 Pump Station Rd) FAYETTEVILLE, AR. 72702 INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER 71-0462823 NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: (1) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. (2) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: (1) A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. (2) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CEEO-1 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained .identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. Certification - The information above is true and complete to the best of my knowledge and belief. DELANO COTTON , PRESIDENT Name and Title of Signer (Please Type or Print Legibly) 12/13/88 Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CEEO-2 I ' STATEMENT OF BIDDER'S QUALIFICATIONS (Prime Contractor) (To be submitted by the Bidder if specifically requested by the Owner.) ' All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any ' additional information he desires. 1. Name of Bidder. NORTHWEST ELECTRIC, INC. 2. Permanent main office address. (PO Box 694) 1720 Pump Station Rd. 3. When organized. Fayetteville, Ar. ' 1970 4. If a corporation, where incorporated. Arkansas ' 5. How many years have you been engaged in the contracting business under your present firm or trade name? Eighteen Years 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) (see attached ) • 7. General character of work performed by your company. Electric2lConstruction g Air ort electrical 8. Have you ever failed to complete any work awarded to you? ' NO If so, where and why? 9. Have you ever defaulted on a contract? ' NO If so, where and why? ' 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. see attached 11. List the major equipment available for this contract. 12. Experience in constiuttion work similar in importance to this ' project. Many 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 150,000.00 1 15. Give Bank reference: Mcllroy Bank 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required. YES 1 SBQ-1 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Fayetteville in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day of 19 (Na a of Bidder) By a� _ It -c s (Title) STATE OF I" .?nlac ) )SS. COUNTY OF 'La�f/L DELANO COTTON being duly sworn deposes and says that he is PRESIDENT of NORTHWEST ELECTRIC INC. (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED AND SWORN TO Before me this 13th day of DECEMBER 1988 MY CO?2SISSION EXPIRES: My COMMISSION EXPIRES AUGUST 25, 1995 NOTARY PUBLIC SBQ-2 STATEMENT OF BIDDER'S QUALIFICATIONS CONTINUATION SHEET QUESTION NO. 6 CONTRACTS ON HAND: NAME Walmart Data Ctr. NELMS ACCURA GMACBLDG. BENTON CO. JAIL MT SEQUOYAP. CONF. CTR. LOCATION Bentonville, Ar. Fayetteville, Ar. Fayetteville, Ar. Bentonville, Ar. Fayetteville, Ar. APPROX AMT 110,000.00 10,000.00 13,000.00 18,000.00 12,000.00 SCHED. COMPLET70N Jan. 1989 Jan. 1989 Jan. 1989 March, 1989 March, 1988 QUESTION NO. 10 Contracts Previously Completed: NEW CONTROL TOWER Fayetteville, Ar. 98,000.00 1985 RUNWAY & TAXIWAY LIGHTING " " 40,000.00 1985 RUNWAY LIGHTING Springdale, Ar. 35,000.00 1986 BEACON REHAB. & Taxiway & Signs Harrison , Ar. 50,000.00,' 1987 BEACON PEHAB & RUNWAY LIGHTING Rogers, Ar. 25,000.00 1987-88 RUNWAY LIGHTING Huntsville, Ar. 35,000.00 1986-•S7 SAM's WHOLESALE Springdale, Ar. 150,000.00 1985 LIST OF PROPOSED SUBCONTRACTORS In compliance with Act 159 of 1949, as amended, of the Acts of the General Assembly of the State of Arkansas, I, the undersigned General Contractor, hereby certify that proposals from the following Subcontractors were used in the preparation of my bid. I agree that if I am the successful Bidder and if the following subcontracts are approved, I will not enter into contracts with others for these divisions of the work without prior written approval from the Engineer and the Owner. Type of Work: CONCRETE SWEETSER CONSTRUCTION 88-1188 (Subcontractor's Name) (License No.) (Address) Type of Work: (Subcontractor's Name) (License No.) (Address) Type off: (Subcontractor's Name) (License (Address) Bidder (General Contractor) B ELECTRIC ( INC. * (Title) DELANO COTTON, PRES. *Signature must be the same as on the Proposal form. LIC. # 88-786 S-1 _92NIAACT THIS AGREEMENT Made this _ day of 1989 by and between the City of Fayetteville, Arkansas, 4ting thr gh its duly authorized representatives, party of the first part,'hereinafter called the "OWNER", and: Natrnwt -r r.[&_recc . Inc.. party of the second part, hereinafter called "CONTRACTOR" That for and in consideration of the payment hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete "Rehabilitate Airport Sign System; Replace Rotating Beacon and Repaint Tower; Replace Primary Wind Cone and Segmented Circle; and Replace Supplemental Wind Cones," AIP Project No. 3-05-0020-10, Fayetteville Municipal Airport, generally described as follows: 1. Installation of Taxiway Signs 2. Replacement of the 36" Rotating Beacon 3. Cleaning and Painting of the Beacon Tower 4. Replacement of the Primary Wind Cone and Segmented Circle 5. Replacement of the Supplemental Wind Cones The CONTRACTOR agrees to perform the work in accordance with the Plans, Specifications and all provisions attached hereto and made a part hereof as though copied in full herein, for and at the prices bid in the Proposal. The OWNER agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the price bid in the Proposal which is hereto attached, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. For the consideration above expressed, the CONTRACTOR agrees to begin work within ten (10) calendar days, after direction from the OWNER, and complete the work within seventy-five (75) calendar days after the date of beginning. If the CONTRACTOR shall fail to complete the work in the time specified, he shall pay to the OWNER, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount referenced in the Proposal and specified in SPECIAL CONDITIONS for each day delayed; which shall be deducted from the final payment to be paid under this Contract; provided that extensions of time with waiver of liquidated damages may be granted as provided for in the Specifications. C-1 The CONTRACTOR agrees to furnish a Performance Bond and a Payment Bond with an approved Surety thereon guaranteeing the performance of this Contract as required by the law of the State of Arkansas, in the principal amount not less than one hundred (100) percent of the amount of this Contract. Said bonds shall be conditioned upon full and complete performance of the Contract and for the payment of all labor, tools, equipment and materials furnished by the CONTRACTOR entering into or incidental to the work and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said bonds shall be a Surety Company of financial resources satisfactory to the OWNER and authorized to do business in the State of Arkansas. During the performance of this Contract, the CONTRACTOR for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. ComDlia the Regulations relat of the Department of Federal Regulations, (hereinafter referred by reference and made ice with Regulations. The Contractor shall comply with Lye to nondiscrimination in Federally -assisted programs Transportation (hereinafter, "DOT") Title 49, Code of Part 21, as they may be amended from time to time to as the Regulations), which are herein incorporated a part of this Contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contractor covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurements of Materials and Ecuipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a Subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Owner or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. C-2 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the ' owner shall impose such Contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1 (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (b) Cancellation, termination, or suspension of the Contract in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every Subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any Subcontract or procurement as the Owner or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests, of the United States. IN WITNESS WHEREOF, the parties of these presents have executed this Contract in eight (8) counterparts, each of which shall be deemed an original on the day and year first above written. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Bq ATTEST:oYr f tha First art) Title 7 AAA 11fD( fWF�t tE teict /At. ATTEST: 0,,,u+•. "'By t ,1C%�iO tty ( �/l llio(Party of the Second Part) Title - c v' SEAL' -`•(If a Corporation) ' PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE NORTHWEST ELECTRIC INC. P.O. BOX 694, FAYETTEVILLE, AR 72702 as Principal, hereinafter called "Principal", and EMPLOYERS MUTUAL INSURANCE COMPANY P.O. BOX 712 DES MOINES, IOWA 5030�3tate of ARKANSAS as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville Arkansas as Obli ee hereinafterll " the amount of SEVENTY FIVE THOUSAND EIGHT HUNDR[EN DOLL* eAN D NU/1U0' in ' Dollars ($75,810.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and ' successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: ' WHEREAS, the Princi al entered into a Contract with the Owner by written agreement dated the ___ f/___ day of y ly copy of which is attached hereto and made a part hereof, Hereinafter erred to as ' the Contract, REHABILITATE AIRPORT SIGN SYSTEM; ' REPLACE ROTATING BEACON AND REPAINT TOWER; REPLACE PRIMARY WIND CONE AND SEGMENTED CIRCLE; AND REPLACE SUPPLEMENTAL WIND CONES AIP PROJECT NO. 3-05-0020-10 ' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice Ito the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and ' shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. 1 Any alterations 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 an extension of time for the performance of the Contract, or any other forbearance on .o part either of the Owner or the Principal to the other shall not releas' in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, ' notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. PEB-1 No suit, action or proceeding shall State of Arkansas. No suit, action, or bond, except by the Owner, after six (6) payment to the Contractor falls due. No brought by the Owner after two (2) y payment to the Contractor falls due. be brought on this bond outside the proceeding shall be brought on this months from the date on which final suit, action or proceeding shall be °ars from the date on which final This bond is executed pursuant to the terms of Arkansas Act 351 of 1953 as amended. Executed on this ____% day of i2kl tlatL_j 19� L SEAL (Principal) NORTHWEST ELECTRIC INC. Bci14ATh Title_ �—✓��_Q THEY et MUTUAL /d/So24c Co SEAL (Surety) B Y Attorney-InFact NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. a I.. Employers Mutual Companies P. O. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT ' Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation ' Union Mutual Insurance Company of Providence, American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "'Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: H II , I II I I II I I I I RICK L. MCCOY, REYNIE RUTLEDGE, WILLO DEAN WINDSOR, ROBYN WINKLE, INDIVIDUALLY, FAYETTEVILLE, ARKANSAS------------------------------- its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS------------($25O,OOO.OO) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1990 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on March'9-1983. RESOLVED: The Chairman of the Board of'D ectors, the-Preiident-any Vice: President, the Treasurer and the Secretary shall have power and / i / / / ' / I m authority to (1) appoint attorneys -in -fact and authorize the'to execute on behalf of the Company and attach the seal of the Company thereto, r r_ r I , f - . r bonds and undertakings, recognizances, contracts'of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such //, attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to -them, torexecute andideliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances,-contracts of indemnity/and%other writings obligatory in the nature thereof, and any such 7 a 6� i instrument executed by any such attorney -in -fact shall be fully,and in all respects binding.upon the Company. Certification as to the validity of any power of attorney authorized hereinrmade by'an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made,heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their Chairman and Assistant Secretary, and the Corporate seals to be hereto affixedthis 24th day of Eehrimry ,19 87. WARNING: This power invalid if red diagonal imprint "Employers Mutual C anies" is not present in its entirety, and if the signatures of the officers and notary public do not appear in blue, and if the "EMC" w arm does t appear in the top half center of the page. Seals F44.'. ;•U q W'0*�,'',, `.TY ,NSUo 4, INSU r. ••S �. = �o;� "•,2 Robb B. Kelley John M. Van Sloun F f`oPvopq�f t C,: o% =coPP°'+a c' n _ Chairman Assistant Secretary o SEAL ;3_ ,L LI N RAke ,o NS.,t,, e % 4'e APP 0P4I .O t ¢•4 4 SEAL ??_ '',,, /0wP 1863=g 1953 3 -: R.I. ..� t •,,N0• 3�% ',,, 4148nM°, o•• hull „l,',,,,,, d,UTUA[ '•, `APP ORdI ry- =2= SEAL :, o: ,O101 •'I,.t 0 KRISTIE L TYLER * .. �' .. MY COW4831W1 nREs /O On this 24th day of February AD 19 R7 before me a Notary Public in and for Polk County, Iowa, personally appeared Robb B. Kelley and John M. Van Sloun, who being by me duly sworn, did say that they are, and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires October 2, 1989 CERTIFICATE Notary Public I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by ' each of The Co pa es andp�t1,i Power of Attorney issued pursuant thereto on February 24. 1987 on behalf of �c L. MCUoy, Reynie Rutledge, Willo Dean Windsor, Robyn Winkle are true and correct and are still in full force and effect. �/ In Testimo y Whereof I have subscribed my n and affixed the facsimile seal of each Company this 251 day of �arwa'%H .,9. Form 7832 Fourth Reprint Vice -President 4 Q PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, NORTHWEST ELECTRIC INC. P.O. BOX 694, Fayetteville, AR 72702 as Principal, hereinafter called "Principal", and EMPLOYERS MUTUAL INSURANCE COMPANY P.O. BOX 712 DES MOINES, IOWA 50303 ARKANSAS State of as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Fayetteville, Arkansas " the amount of SEVENTY FIVE HOI?AM'm I L xQlff'er in NO/100 Dollars ($75.810.00 ). in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a Co tract with the Owner by written agreement dated the z� day of kl4Jyv copy of which is attached hereto and made a part he eof, hereinafter referred to as the Contract, REHABILITATE AIRPORT SIGN SYSTEM; REPLACE ROTATING BEACON AND REPAINT TOWER; REPLACE PRIMARY WIND CONE AND SEGMENTED CIRCLE; AND REPLACE SUPPLEMENTAL WIND CONES AIP PROJECT NO. 3-05-0020-10 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Any alterations 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 an extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or the Principal to the other shall not release in any way the Principal and Surety, or either of these, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety of any alteration, extension or forbearance hereby being waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. PAB-1 I I I I I No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action, or proceeding shall be brought on this bond, except by the Owner, after six (6) months from the date on which final payment to the Contractor falls due. No suit, action or proceeding shall be brought by the Owner after two (2) years from the date on which final payment to the Contractor falls due. This bond is executed pursuant to ti as amended. Le terms of Arkansas Act 351 of 1953 Executed on this day of 19 SEAL (PN®RTAWg%7 ELECTRIC INC. I ' SEAL 1 I I I I Ii Ii i I ByO Title Edrl (t5 HMVA(- IALWt4QCt Go (Surety) By i Attorney -In -Fact NOTES: Attach Power of Attorney. Date of Bond must not precede date of Contract. A copy of this Bond must be filed with the Circuit Clerk in each county wherein the work is to be performed. Ii PAB-2 Employers Mutual Companies P.O. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT I Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation Union Mutual Insurance Company of Providence, American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: RICK L. MCCOY, REYNIE RUTLEDGE, WILLO DEAN WINDSOR, ROBYN WINKLE, INDIVIDUALLY, FAYETTEVILLE, ARKANSAS---------------------------------------_------_ its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN MIOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS------------($25O,OOO.OO) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1990 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on March - 971983. RESOLVED: The Chairman of the Board of/D ectors, the"President-any Vice;President, the -Treasurer and/the Secretary shall have power and / , / , / / / ' / / / I 4 authority to (1) appoint attorneys -in -fact and authorize them'to execute on behalf of the Company and attach the seal of the Company thereto, r /_.— r, r li 4' rz. ; . bonds and undertakings, recognizances, contracts'bf indemnity andfother writings obligatory in the nature thereof, and (2) to remove any such r attorney -in -fact at any time and revoke the power,and authority given to him. Attorneys -in -fact shall have Plower and authority, subject to the terms and limitations of the power of attorney issued to-them,orexecutefandfdeiiver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances,-contracts of indemnity/and/other writings obligatory in the nature thereof, and any such - I / I , I I `. I . / / instrument executed by any such attorney -in -fact shall be fully,and in all respects binding.upon the Company. Certification as to the validity of any f /f i� - &1U l \ power of attorney authorized herein made by'an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made,heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their Chairman and Assistant Secretary, and the Corporate seals to be hereto affixed this 24th day of February . 19—$.7. WARNING: This power invalid if red diagonal imprint "Employers Mutual C anies" is not present in its entirety, and if the signatures of the officers and notary public do not appear in blue, and if the "EMC;Z; oes t appear in the top half center of the page. Seals 11a11N$'4"'� ..1`"PANG "''., :• ,Y 1IN S1' r , . She UAqy,, �PSU1 EC'4Pt11u11, Uy '? c •"' /4..Q% •�"" �`D;• '•'42 : Robb B. Kelley John M. Van Sloun 4 t• PYOR4' P �. o ' -C,- ?� _ s° Chairman Assistant Secretary rao SEAL ?/L LINU•" •Atr111SURA,. NIv 5� OP.P Ofl4 , -' -b f': -o SEAL 0040, :dWP 1.11 On this 24th day of . Fphrupr, AD 19 7_ before me a Notary Public in and for Polk County. Iowa, personally appeared Robb B. Kelley and John M. Van Sloun, who being by me duly sworn, did say that they are, and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires October 2, 1989 L TYLER * .. A MY COItl1U83WN RES CERTIFICATE Notary Public I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Co ga es and this Power of Attorney issued pursuant thereto on February 24 1987 on behalf of Ticrc L. McCoy, Reynie Rutledge, Willo Dean Windsor, Robyn Winkle are true and correct and are still in full force and effect. In Testimcy .Whereof I have subscribed my nand affixed the facsimile seal of each Company thisr " day of Gz . 19 r Form 7832 Fourth Reprint Vice -President [i GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these Specifications, in the Contract, in any documents or other instruments pertaining to construction where these Specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association of AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-04 I ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. ' 10-05 AIR OPERATIONS AREA. For the purpose of these Specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An ' air operations area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. The word "airport" shall mean Fayetteville Municipal Airport. 10-07 ASTM. The American Society for Testing and Materials. ' 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. I. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. GP 10-1 DEFINITION OF TERMS 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the Contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the advertisement; the contract form; the proposal; the performance bond; the payment bond; any required insurance certificates; the specifications; the plans; and any addenda issued to Bidders. 10-14 CONTRACT TIME (PAY ITEM). A specific unit of work for which a price , I is provided in the Contract. 10-15 CONTRACT TIME. The number of calendar days, stated in the proposal, allowed for completion of the Contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar days, the Contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the Contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner (sponsor) to be responsible for engineering supervision of the Contract work and acting directly or through an authorized representative. The word "engineer" shall mean the engineering firm of Garver+Garver, PA, Eleventh and Battery Streets, Little Rock, Arkansas 72202. GP 10-2 DEFINITION OF TERMS ' 10-19 EOOIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 ERTRA WORK. An item of work not provided for in the awarded Contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U. S. Department of Transportation. When used to designate a person, FAA shall mean the Admini- strator or his duly authorized representative. ' 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from the Specifications Activity, Printed Materials Supply Division, Building 197, Naval Weapons Plant, Washington, D. C. 20407. 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. The "inspector" assigned shall be an employee of the Engineer. 10-24 INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words "directed", "required", "permitted", "ordered", "designated", "prescribed", or words of the like import are used, it shall be understood that' the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved", "acceptable". "satisfactory", or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation GP 10-3 DEFINITION OF TERMS of aircraft landing at, taking off from, or taxiing on the airport surface 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than ten percent (10%) of the total amount of the awarded Contract. All other items shall be considered minor Contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the Contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual Contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the Contract time begins. 10-30 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. For AIP Contracts, the term Sponsor shall have the same meaning as the term Owner. The "Owner" is the City of Fayetteville, Arkansas. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his Surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his Surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract. 10-34 PLANS. The official Drawings or exact reproductions, approved by the Engineer, which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as part of the Contract, supplementary to the Specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. The "project" is "Rehabilitate Airport Sign System; Replace Rotating Beacon and Repaint Tower; Replace Primary Wind Cone and Segmented Circle; and Replace Supplemental Wind Cones." GP 10-4 , DEFINITION OF TERMS 10-36 PROPOSAL. The written order of the Bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the Bidder will enter into a contract if his proposal is accepted by the Owner. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract Specifications by reference shall have the same force and affect as if included in the Contract physically. 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins; inlets; retaining walls; cribbing; storm and sanitary sever lines; waterlines; underdrains; electrical ducts; manholes; handholes; lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and other man-made features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. ' 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the con- struction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering: (1) work that would increase or decrease the total amount of the awarded Contract, or any major Contract item, by more than • twenty-five percent (25%), such increased or decreased work being within the scope of the originally awarded Contract, or (2) work that is not within the scope of the originally awarded Contract. ' 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. ' GP 10-5 DEFINITION OF TERMS 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. GP 10-6 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (NOTICE TO BIDDERS). See Page A-1. 20-02 PREOUALIFICATION OF BIDDERS. If requested by the Owner, a bidder shall complete the "Statement of Bidder's Qualifications (see page SBQ-1), which includes items concerning evidence of financial responsibility. Each bidder that is required to complete the "Statement of Bidder's Qualifications" may submit (in lieu of the items concerning evidence of financial responsibility) evidence that he is prequalified with the Arkansas Highway and Transportation Department. 20-03 CONTENTS OF have a page number continues for sever title, and office necessary parts and PROPOSAL FORMS. All forms that constitute the Proposal that begins as "P-". The Proposal begins on page P-1, gal pages, and ends with the bidder's name, signature, address. All pages that constitute the Proposal are must not be detached. The plans, specifications, and other documents designated in the Proposal form shall be considered a part of the Proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective Bidder should such Bidder be in default for any of the following reasons: (a) Failure to comply with any Owner, if such regulations are cited, as a requirement for bidding. prequalification regulations of the or otherwise included, in the Proposal (b) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the Proposal to a prospective Bidder. (c) Contractor default under previous contracts with the Owner. (d) Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL OU NTITIES, An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the Proposal. It is the result of careful cal- culations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Con - GP 20-1 PROPOSAL REQUIREMENTS AND CONDITIONS tractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE. The Bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be 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 proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of Bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the Bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all Bidders. It is further understood and agreed that each Bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. The Bidder shall submit his proposal as a component part of the bound "Contract Documents and Specifications". All blank spaces in the proposal forms must be correctly filled in where indicated. For each and every item for which a quantity is given, the Bidder shall state the price (written in ink or typed) for which he proposes to do each pay item. The Bidder shall sign his proposal correctly and in ink. If the proposal is made by an individual, his name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered (or furnish a facsimile corporation seal) and the name, titles, and business address of the president, secretary, and treasurer. Anyone signing a proposal as an agent shall file evidence of his authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the ' I following reasons: (a) If the proposal is on a form other than that furnished by the GP 20-2 PROPOSAL REQUIREMENTS AND CONDITIONS Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. (b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. (c) If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price. (d) If the proposal contains unit prices that are obviously unbalanced. (e) If the proposal is not accompanied by the proposal guaranty specified by the Owner, For AIP contracts, proposals shall be considered irregular for any of the reasons stated and, in addition, if the proposal is "nonresponsive" with respect to the requirements of Part 152 of the Federal Aviation Regulation as specified in the proposal form. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 PROPOSAL GUARANTY. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the Bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the Bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A Bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the Bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, GP 20-3 PROPOSAL REQUIREMENTS AND CONDITIONS publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the Bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A Bidder shall be considered disqualified for any of the following reasons: (a) Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. (b) Evidence of collusion among Bidders. Bidders participating in such collusion shall be disqualified as Bidders for any future work of the Owner until any such participating Bidder has been reinstated by the Owner as a qualified Bidder. (c) If the Bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORKS, of this Section. OP 20-4 ' I ' SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the submission of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a Bidder's proposal contains a discrepancy between unit price and the total amount, the unit price shall govern, and the totals will be corrected to conform thereto. Until the award of a contract is made, the Owner reserves the right to reject a Bidder's proposal for any of the following reasons: (a) If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. (b) If the Bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20, In addition, until the award of a contract is made, the Owner reserves the ' right to reject any or all proposals; waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable State and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. ' 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within the time specified in the Bid Bond and Proposal. ' For AIP contracts, no award shall be made until the FAA has concurred in the sponsor's recommendation to make such award and has approved the sponsor's proposed contract to the extent that such concurrence and approval are ' required by Part 152 of the Federal Aviation Regulations. Award of the contract shall be made by the Owner to the lowest, qualified Bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the ' award without liability to the Bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this Section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those ' of the two lowest Bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two ' lowest Bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful Bidder's proposal guaranty will be GP 30-1 ' AWARD AND EXECUTION OF CONTRACT returned. The successful Bidder's proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful Bidder shall furnish the Owner separate performance and payment bonds which have been fully executed by the Bidder and his Surety, guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The Surety and the form of the bonds shall be acceptable to the Owner. The bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful Bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the Engineer, along with the fully executed performance and payment bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within ten (10) calendar days from the date mailed or otherwise delivered to the successful Bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bonds that have been executed by the successful Bidder, the Engineer shall check all documents for conformance, and submit them to the Owner. The Owner shall complete the execution of the contract in accordance with local laws or ordinances. Contract execution by the Owner shall constitute the Owner's approval to be bound by the successful Bidder's proposal and the terms of the contract. The completed contract will then be submitted to the FAA for review and approval as specified in subsection titled AWARD OF CONTRACT of this section. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful Bidder to execute the contract and furnish an acceptable surety bond or bonds within the ten (10) calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. 30-09 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required in paragraph SC -04 of the SPECIAL CONDITIONS, and such insurance has been approved by the Owner. In case the insurance carried by the Contractor does not cover his Subcontractors, the Contractor shall not permit any Subcontractor to commence work under his subcontract until he has also obtained all insurance required by paragraph SC -04, and such insurance has been approved by the Owner. GP 30-2 AWARD AND EXECUTION OF CONTRACT Evidence that the required insurance is in full force and effect shall be by duly executed certificate, submitted with the Proposal for consideration by the Owner. OP 30-3 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than twenty-five percent (25%) total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the twenty-five percent (25%) limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the twenty-five percent (25%) limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U. S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than twenty-five percent (25%), the supplemental agreement shall be subject to the same U. S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. GP 40-1 I SCOPE OF WORK 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the , Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the Owner's beat interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his own operations and the operations of all his subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his own operations and the operations of all his ' GP 40-2 ' SCOPE OF WORK subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUC'T'URES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the Contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. GP 40-3 SCOPE OF WORK 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his option either: (a) Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, (b) Remove such material from the site, upon written approval of the Engineer; or, (c) Use such material for his own temporary construction on site; or, (d) Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option (a), (b), or (c), he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option (a), (b), or (c), the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option (a), the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his exercise of option (a), (b), or (c). The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 NOT USED. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all GP 40-4 I I I [I L I I 1 I I I I I I I Ii 6YNUJDKdDE0[9)1N brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. I GP 40-5 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract. 50-Ola FUNCTIONS OF THE ENGINEER AND OBLIGATIONS OF THE CONTRACTOR. The Engineer, under agreement with the Owner, has prepared these plans, specifications, and other contract documents. His interpretation thereto shall be final. The Engineer, as the representative of the Owner, shall make inspections of the work to the end that the work be completed satisfactorily. The Engineer primarily is concerned with the end results of the work accomplished under this contract. He shall have specific authority with respect to the quality ' of materials furnished by the Contractor, and to the acceptability of workmanship. The Engineer shall not dictate the means of accomplishing the work; the Con- tractor shall determine such means. Within a schedule of work designed to implement the completion of the work within the contract time, and subject to the requirements that the site be kept in a neat condition and the work prosecuted in an orderly manner, the Contractor shall determine the plans and areas of work. Nothing herein shall preclude the Engineer from requiring the abandonment of any means of construction when results being obtained under that method are unsatisfactory. The Engineer shall have the authority to stop the work when, in his opinion, such stopping is in the beat interest of the Owner. The Contractor shall perform in workmanlike manner all work, and shall furnish all materials, supplies, machinery, equipment, facilities and means necessary and proper to perform and complete the work required by this contract, and within the time allowed. The work shall be deemed completed when in the opinion of the Owner, the contractual requirements have been met. The Contractor shall conduct the work in conformance with the design intent of the plans and specifications. It is not the intent of these contract documents that the Engineer act as Superintendent or Foreman for the Contractor, or usurp any functions of the Contractor, or relieve him of any of his contractual responsibilities. GP 50-1 I CONTROL OF WORK ' The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any injury, including death, to any person, and for any damage to property which may result from their failure, or from their improper construction, maintenance, or operation. He shall indemnify and save harmless the Owner and the Engineer, and their employees and agents, against any judgment with costs, which may be obtained as a result of such injury or property damage, because of the alleged liability of the Owner or of the Engineer. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, including applicable parts of Safety Code No. 9, Arkansas Department of Labor, shall be observed. The Contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as he may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The use of "Hard Hats" by all personnel is strongly encouraged, although not specifically required. I Further functions of the Engineer, and further obligations and responsibilities of the Contractor, are specified in other paragraphs of these contract documents. The Contractor shall give constant attention to the work and facilitate the progress thereof, and he shall cooperate with the Engineer and his inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his authorized representative. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his determination that the affected work be accepted and remain in GP 50-2 CONTROL OF WORK place. In this event, the Engineer will document his determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION OF CONTRACT PLANS. AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his interpretation and decision, and such decision shall be final. GP 50-3 CONTROL OF WORK 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with three copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress of completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. Unless otherwise provided for in the special conditions, the Engineer shall furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these specifications. The Contractor shall satisfy himself as to the accuracy of all measurements before constructing any permanent structure and shall not take advantage of any errors which may have been made in laying out the work. Such stakes and markings as the Engineer may set for either his own or the Contractor's guidance shall be scrupulously preserved by the Contractor. In case of negligence on the part of the Contractor, or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. GP 50-4 CONTROL OF WORK 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period of forty-eight (48) hours following the breakdown or malfunction, provided this method of operation will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his representative of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere GP 50-5 CONTROL OF WORK with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or .s given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his hauling equipment and shall correct such damage at his own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous GP 50-6 CONTROL OF WORK course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Con- tractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. GP 50-7 CONTROL OF WORK 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within ten (10) calendar days, submit his written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. GP 50-8 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REOUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). I In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the ' work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply ' before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: (a) Listed in the FAA Advisory Circular (AC) 150/5345-1S, Approved Airport Lighting Equipment, that is in effect on the date of advertisement; and, (b) Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME Underground Cable Taxiway Sign Wind Cone Wind Cone 36" Rotating Beacon Obstruct ion. Light CITED FAA SPECIFICATION L -824C L -858Y, L-8588 L-807 L-806 L-801 L-810 GP 60-1 150/5345-7D 150/5345-44D 150/5345-27C 150/5345-27C 150/5345-12C 150/5345-43C CONTROL OF MATERIALS 60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Tests in accordance with the cited standard methods of AASHTO or ASTM, which are current on the date of advertisement for bids, will be made by and at the expense of the Owner. Any tests which fail to meet the specifications herein, when tested in accordance with the cited standard methods as stated above, will be at the expense of the Contractor. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, teat, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name", the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: (a) Conformance to the specified performance, testing, quality or dimensional requirements; and, (b) Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or GP 60-2 CONTROL OF MATERIALS assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer, testing laboratory or an authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for the acceptance of the material or assembly. Should plant inspections be conducted, the following conditions shall exist: (a) The Engineer shall have the cooperation and assistance of the Con- tractor and the producer with whom he has contracted for materials. (b) The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. (c) If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer's copy of the property Owner's permission. GP 60-3 CONTROL OF MATERIALS All storage sites on private or airport property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which, have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-08 OWNER -FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner -furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. GP 60-4 [I SECTION 70 ' LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or ' authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. 70-02 PERMITS. LICENSES. AND TARES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES MATERIALS. AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal. agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any coats, expenses, and. damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: ' Person to Contact Owner Location (Name, Title, Address ' (Utility or Other Facility) (See Plan Sheet No,) and Phone) No work by others is anticipated during this project. I GP 70-1 I LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications, It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's (Sponsor's) request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of the Airport and Airway Development Act of 1970 (84 Stat. 219), as amended, and the Rules and Regulations of the Federal Aviation Administration that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, Federal Aviation Administration and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his health or safety. GP 70-2 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his operations and those of his subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his own operations and those of his subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES. WARNING SIGNS. HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of FAA Advisory Circular 150/5340-1D, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to FAA Advisory Circular 150/5370-2A, Operational Safety on Airports with Emphasis on Safety During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370-2A. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. GP 70-3 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE, The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, or at any time due to defective work or materials, and said responsi- bility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any GP 70-4 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act", or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that affect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his own estimate of the difficulties involved in arranging his work to permit such beneficial occupancy by the Owner as described below: Phase or Required Date or Sequence Work Shown Description of Owner's Beneficial Occupancy on Plan Sheet Note: No work phasing is required on this project. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the, Contractor at his expense. GP 70-5 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC The Contractor shall make his own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance, and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under this contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA), or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the owners are indicated as follows: GP 70-6 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Utility Service Owner's Emergency or Facility Person to Contact Contact (Phone) FAA-AFS SWEPCO Mr. Don Bourgeois Mr. Rex Watkins (501) 442-5221 (501) 521-1800 It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility, or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service has been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet of such outside limits at such points as may be required to insure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service GP 70-7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his surety. 70-16 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his authorized representatives, or any official of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, State, and local lava and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Additional guidance is presented in Section 100, Wage, Labor, EEO and Safety Requirements (Section E, Air and Water Quality Standards). GP 70-8 , I LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. The Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-21 LAND AND RIGHTS -OF -WAY. The Owner will provide all lands and rights -of -way permanently required for the construction of the improvements. The Contractor shall lease, buy, or make satisfactory provision, without obligation on the part of the Owner, for all temporary land, easements, or rights -of -way required during the construction period. 70-22 LEGAL RESTRICTIONS AND PERMITS. The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature, and shall give due and adequate notices to those in control of all properties _ which may be affected by his operations. Permits and licenses for permanent structures or permanent changes in existing facilities will be provided by the Owner. The Contractor shall obtain permission from the Owner or other proper authority before blockading any roads or highways, and shall furnish all necessary barricades and detour signs. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work. 70-23 CONTRACTOR'S LICENSING LAW. Act 150 of 1965, Arkansas Statutes, states that a Contractor must be licensed by the State Licensing Board for Contractors before he may undertake work when the cost thereof in Arkansas, including but not limited to labor and materials, is Twenty Thousand Dollars ($20,000.00) or more. Additional information may be obtained from the State Licensing Board for Contractors, Little Rock, Arkansas. GP 70-9 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. The Contractor shall submit his progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, will be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his operations and the operations of his subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his operations within an GP 80-1 PROSECUTION AND PROGRESS AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERA- TIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will, therefore, be closed to aircraft operations intermittently as follows: . . :. Runway 11:45 pm to 6:00 am Radio -Direct* FAA-ATC 16-34. Airport Manager * Direct contact shall mean that all work shall be under the full-time observation of the Engineer or a person specifically authorized by the Owner. The Contractor shall not commence new work that would be prejudicial to work already started. 80=05 CHARACTER OF WORKERS METHODS • AND EQUIPMZn. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Engineer. GP 80-2 PROSECUTION AND PROGRESS furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the con- dition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OP THE WORK. The Engineer shall have the ' authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or ' for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. ' In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be ' reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within ' GP 80-3 I PROSECUTION AND PROGRESS the time period stated in the Engineer's order to resume work. The Contractor shall submit with his claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either the cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the SPECIAL CONDITIONS, under TIME FOR COMPLETION AND LIQUIDATED DAMAGES will be deducted from any money due or to become due the Contractor or his surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his contract. GP 80-4 , I IPROSECUTION AND PROGRESS Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Owner of any of its rights under the contract. I80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be con- sidered in default of his contract and such default will be considered as cause for the Owner to terminate the contract for any of the following ' reasons if the Contractor: (a) Fails to begin the work under the contract within the time ' specified in the "Notice to Proceed", or (b) Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the tterms of the contract, or (c) Performs the work unsuitably or neglects or refuses to remove ' materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or (d) Discontinues the prosecution of the work, or (e) Fails to resume work which has been discontinued within a reasonable time after notice to do so, or ' (f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or (g) Allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) Makes an assignment for the benefit of creditors, or (i) For any other cause whatsoever, fails to carry on the work in an ' acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the ' Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. ' If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full ' power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, CP 80-5 PROSECUTION AND PROGRESS or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of com- pleting the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution -of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered., Reimbursement for organization of the work, and other overhead expenses (when not otherwise included in the contract), and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his responsibilities for the completed work nor shall it relieve his surety of its obligation for and concerning any just claim arising out of the work performed. GP 80-6 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet or less. Transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. All contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, undardrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method will be used, unless otherwise specified. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designated by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. GP 90-1 II MEASUREMENT AND PAYMENT When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed and such weights will be converted to cubic yards for payment purposes: Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60°F. or will be corrected to the volume at 60°F. using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton. Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. L r II r II I II GP 90-2 I MEASUREMENT AND PAYMENT Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the Inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of one percent of the nominal rated capacity of the scale, but not less than one pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and inspector can safely and conveniently view them. Scale installations shall have available, ten standard fifty -pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate and all materials received subsequent to the last previous correct weighing -accuracy -test will be reduced by the percentage of error in excess of one-half of one percent. In the event inspection reveals the scales have been "underweighing" (indi- cating less than correct weight) they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS GP 90-3 MEASUREMENT AND PAYMENT of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to -omit from the work (order nonperformance) any contract item, except major contract items,. in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature and amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. I GP 90-4 MEASUREMENT AND PAYMENT (a) Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. (b) Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. (c) Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workmen's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual coat to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. The Contractor will be paid for ninety (90) percent of earned progress partial payments when due, the Owner/Sponsor will retain ten (10) percent to assure faithful performance of the contract, and upon certification by the GP 90-5 MEASUREMENT AND PAYMENT Engineer that the construction contract is fifty (50) percent complete, no further retainage will be withheld from the monthly estimates. All sums withheld by the Owner/Sponsor shall be held in escrow, and will be paid to the Contractor within thirty (30) days after the contract has been substantially completed. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section.. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans,. and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: (a) The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. (b) The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. (c) The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. (d) The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. (e) The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. GP 90-6 I MEASUREMENT AND PAYMENT No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this ' subsection. 90-08 PAYMENT OF WITHHELD FUNDS. The Owner may withhold, or, on account of ' subsequently discovered evidence, nullify the whole or part of any estimate to such extent as may be necessary to protect the Owner from loss on account of: ' (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to subcontractor or for material or labor, (d) A reasonable doubt that the contract can be completed for the balance then unpaid, (e) Damage to another Contractor. When the above grounds are removed, payment will be made for amounts ' withheld because of them. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of ' the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the ' Engineer's final estimate. If, after such 30 day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute and such disputed quantities shall be considered ' by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. GP 90-7 MEASUREMENT AND PAYMENT If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental, final, estimate. I I� F I Cr90-S I SECTION 100 WAGE, LABOR, EEO AND SAFETY REQUIREMENTS SECTION A (Federal Aviation Administration Requirements) A-1 Airport and Airway Improvement Program Protect. The work in this contract is included in Airport Improvement Program (AIP) Project No. 3-05-0020-10 which is being undertaken and accomplished by the City of Fayetteville (Sponsor) in accordance with the terms and conditions of a grant agreement between the City of Fayetteville and the United States, under the Airport and Airway Development Act of 1982 (P.L. 97-248) as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (P.L. 100-223) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs under those Acts. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or the United Sates, by the contract, makes the United States a party to this contract, A-2 Consent to Assignment. The Contractor shall obtain the prior written consent of the City of Fayetteville to any proposed assignment of any interest in or part of this contract. • A-3 Convict Labor. No convict labor may be employed under this contract. ' A-4 Veterans Preference.. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. IA -5 Withholding: Sponsor From Contractor. Whether or not payments or advances to the City of Fayetteville are withheld or suspended by the FAA, the City of Fayetteville may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. A-6 Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract the City of Fayetteville may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. A-7 FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. GP 100-1 A-8 Subcontracts. the provisions requiring the tier subcontra requiring this be made. The Contractor shall insert in each of his subcontracts contained in paragraphs A -1, A-3, A-4, A-5, A-6, and A-7 subcontractors to include these provisions in any lower cts which they may enter into, together with a clause insertion in any further subcontracts that may in turn A-9 Contract Termination. A breach of paragraphs A-6, A-7. and A-8 may be grounds for termination of the contract. GP 100-2 I SECTION B (Secretary of Labor Requirements) B-1 Minimum Wages. (a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR I Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination(s) of the Secretary of Labor which is (are) attached hereto and made ' a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph (d) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period ' (29 CFR 5.5(a)(l)(i)). Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage skill, except as provided in paragraph B-4 of this clause. Laborers or ' mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, however, that the I. employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(s) (including any additional classifications and wage rates conformed under subparagraph. (b) of this section) and the Davis -Bacon poster shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and readily accessible place where it can easily be seen ' by the workers. (b) (1) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s). Approval will be given for an additional classification and wage rate, and fringe benefits therefor, only when the following criteria have been met: (1.) The work to be performed by the classification ' requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and ' (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage GP 100-3 rates contained in the wage determination. (2) If the contractor and laborers and mechanics to be representatives, and the City of Fayetteville agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action of the action taken shall be sent by the City of Fayetteville to the FAA for tentative approval and transmittal to the Department of Labor, Employment Standards Administration, Administrator of the Wage and Hour Division, Washington, D.C. 20210, The Department of Labor will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the FAA or will notify the FAA within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under control number 1215-0140) (20 CFR 5.5(a)(1)(i)). (3) In the event the contractor, the laborers or mechanics, including apprentices and trainees, to be employed in the classification or their representatives and the City of Fayetteville do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the City of Fayetteville shall send the questions, including the views of all interested parties and the recommendation of the sponsor, to the FAA to be referred, with recommendation of -the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (4) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2) and (3) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(l)(iii)). GP 100-4 I (d) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, however, that the Secretary of Labor has found, upon the I. written request of the contract, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (29 CFR 5.5(a)(1)(iv)). (Approved by the Office of Management and Budget under 0MB control number 1215-0140). ' B-2 Withholding: FAA From Sponsor. Pursuant to the terms of the grant agreements between the United States and City of Fayetteville relating to Airport Improvement Program (AIP) Project No. 3-05-0020-10, and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor may withhold or cause to be withheld from the City of Fayetteville so much of the accrued payments ' or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor on the work, the full amount of wages ' required by this contract. In the event of failure to pay any laborer or mechanics, including any apprentice, trainee or helper, employed or working on the site of the work all or part of the wages required by this contract, the FAA may, after written notice to the City of ' Fayetteville, take further action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased (29 CFR 5.5(a)(2)). ' B-3 Payrolls and Basic Records. (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name, address and ' social security number of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2) of ' the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv) (see subparagraph (d) ' of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or ' trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification OP 100-5 of trainee programs, the registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs (29 CFR 5.5(a)(3)(i)). (Approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) (b) (1) The Contractor will submit weekly a copy of all payrolls to the City of Fayetteville for availability to the FAA, as required by paragraph 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149). (2) Each payroll shall be accompanied by a "Statement of Compliance", signed by the employer or his agent who pays or supervises the payment of persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under paragraph B -3(a) above and that such information is correct and complete. (ii) That each laborer and mechanic, including each helper, apprentice and trainee, employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph B-3 (2) of this section (4) The falsification of any of the above, certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States code. (c) The contractor will make the records required under the labor standards clauses of the contract available for inspection, copying or transcription by authorized representatives of the GP 100-6 1 sponsor, the FAA and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. (d) If the contractor or subcontractor fails to submit the required records or to make them available, the FAA may, after written notice to the sponsor or contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (29 CFR 5.5(a)(3)(ii)). B-4 Apprentices and Trainees. (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate determined by the Secretary of Labor for the classification of work he actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate of the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeymen's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of the fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and GP 100-7 Training, or a State' Apprenticeship Agency recognized by the Bureau, withdraws approval of the apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CPR 5.5(a)(4)(i)). (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at the trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (29 CFR 5.5(a)(4)(iii)). (c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this paragraph shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CPR Part 30 (29 CFR 5.5(a)(4)(iii)). (d) Application of 29 CPR Part 5.5(a)(4). On contracts in excess of $2,000 the employment of all apprentices and trainees as defined in 29 CFR 5.2(c) shall be subject to the provisions of 29 CFR Part 5.5(a)(4) (see paragraphs B -4(a), (b) and (c) above). (e) Enforcement. (i) The FAA shall promulgate the necessary regulations or GP 100-8 procedures, for Federally assisted construction programs for which it does not contract directly, necessary to insure that contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan, or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his subcontractors have complied or that there is substantial dispute with respect to the required provisions (29 CFR 5.6(a)(1)). (ii) Enforcement activities, including the investigation of complaints of violations, to insure compliance with the requirements of these provisions shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to insure consistent enforcement of the requirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. B-5 Compliance With Copeland Regulations. The Contractor shall comply with the Copeland Regulations (29 CPR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)). B-6 Compliance with Davis -Bacon and Related Acts Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. B-7 Disputes concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the FAA, the sponsor, the Q.S. Department of Labor, or the employees or their representatives. B-8 Certification of Eligibility. (a) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the Q.S. Criminal Code, 18 Q.S.C. 1001. B-9 Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the CP 100-9 employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 1# times his basic rate of pay for all hours worked in excess of 40 hours in such workweek (29 CuR 5.5(c)(1)). B-10 Violations. Liability for Unpaid Wages. Licuidated Damages. In the event of any violation of paragraph B-6 of this provision, the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of said paragraph B-6 of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by said paragraph B-6 of this provision (29 CFR 5.5(c)(3)). B-11 Withholding for Unpaid Wages and Liquidated Damages. The FAA or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph B-7 of this provision (29 CFR 5.5(c)(3)). B-12 Working Conditions. No contractor may require employed in the performance of any contract to under working conditions that are unsanitary, to his health or safety as determined under health standards (29 CFR Part 1926) and other standards (29 CFR Part 1910) issued by the Depa any laborer or mechanic work in surroundings or hazardous, or dangerous construction safety and occupational and health rtment of Labor. B-13 Subcontracts. The contractor or subcontractor shall insert in each of his subcontracts the clauses contained in paragraphs B-1 through B-11 of this provision, and also a clause requiring the subcontractors to include these provisions in any lover tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. The contractor shall be responsible for compliance by any subcontractor or lover tier subcontractor with the labor standards clauses set forth. (29 CFR 5.5(a)(6), 5.5(c)(4)). B-14 Contract Termination: Debarment. A breach of clause B-1 through B-13 may be grounds for termination of the contract, and for the debarment as a contractor or subcontractor as provided in 29 Cu 5.12. GP 100-10 L SECTION C (Equal Employment Opportunity Clause) ' During the performance of this contract, the Contractor agrees as follows: C-1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national ' origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national ' origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or ' other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ' C-2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all ' qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C-3 The contractor will send to each labor union or representative of ' workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker's representatives of the contractor's commitments ' under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. C-4 The Contractor will comply with all provisions of Executive Order 11246 ' of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. C-5 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, land will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. C-6 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said ' rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. C] GP 100-11 I C-7 The contractor will include the portion of the sentence immediately preceding paragraph C-1 and the provisions of paragraphs C-1 through C-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering. agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. GP 100-12 I SECTION D (Health and Safety Requirements) ID -1 It is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the Contractor and any subcontractor shall not require any laborer or ' mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under Construction Safety and Health Standards Title 29 Code of Federal Regulations, Part 1518 36 F.R. 7340 promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, 83 STAT. 96. 1 I I I I 1 I 1 I I I I I I GP 100-13 I SECTION E (Air and Water Quality Standards) E-1 Any other provision herein to the contrary notwithstanding, the contractor in carrying out work under this contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10, entitled Item P-156, Temporary Air and Water Pollution, Soil Erosion and Siltation Control. Copies of this Advisory Circular can be obtained from Department of Transportation, Distribution Unit, TAD -484.3, Washington, D. C. 20590. E-2 Contractors and subcontractors agree: , (a) That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. (b) To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) That as a condition for award of a contract he will notify the ' awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. (d) To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. I I I GP 100-14 1 I SECTION F Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended) ' F-1 As used in these specifications: ' (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U. S. Department of Labor, or any person to whom the Director delegates authority; ' (c) "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; ' (d) "Minority" includes: (1) Black (all persons having origins in any of the Black African ' racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any ' of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). ' F-2 Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall ' physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set ' forth in the solicitations from which this contract resulted. F-3 If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered ' area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades ' which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors ' or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith ' GP 100-15 efforts to achieve the plan goals and timetables. F-4 The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization; the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. F-5 Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. F-6 In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject. to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. F-7 The Contractor shall take specific affirmative actions to insure EEO. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: (a) Insure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Con- tractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically insure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. GP 100-16 I (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and ' minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the ' Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the Contractor may ' have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the ' Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in ' training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7(b) above. ' (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meetings its EEO obligations; by including it in any policy manual and collective ' bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at ' least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. I(s) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, ' layoff, termination, or other employment decisions including specific review of these items with on -site supervisory personnel such as superintendents, general foremen, etc., prior to the ' initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. ' (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including ' minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. 1 CF 100-17 (i) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CPR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Insure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Insure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. F-8 Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) through (p)). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) through (p) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and GP 100-18 women in the industry, insures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliances. F-9 A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is underutilized). F-10 The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. F-11 The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. F-12 The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. F-13 The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to insure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. F-14 The Contractor shall designate a responsible official to monitor all employment related activity to insure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records GP 100-19 shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. F-15 Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of com- pliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). CP 100-20 U.S. Department of Labor • AR88-7 Basic Fringe Hourly Benefits Rates BRICKLAYERS 7.20 CARPENTERS 7.20 CONCRETE FINISHERS 7.20 ELECTRICIANS 8.75 •IRONWORKERS: ' Structural - 6.30 Reinforcing 5.45 LABORERS: • Air Tool Operator 5.15 ' Asphalt heater operator 5.15 Asphalt raker 5.85 • Carpenter Helper 5.15 ' Chain saw Operator 5.15 Checker grade 5.45 Concrete finisher helper 5.15 Concrete joint sealer 5.15 ' Concrete saw operator 5.15 Formsetter 5.45 Laborer 3.90 Pipelayer 5.45 ' Powderman 6.40 Vibratorman 5.15 PAINTER 6.20 PILE DRIVER LEADMAN 6.20 ' POWER EOUIPMENT OPERATORS: Aggregate spreader oper. 5.80 Asphalt plant fireman 4.85 • Asphalt plantdrter oper. 4.85 • Batch plant oper. 5.80 Bulldozer Operators: Finish 6.90 ' Rough 5.65 Bull float operator 5.65 Concrete curing machine operator 5.65 Concrete mixer operator: Less than 5 sacks 5.15 5 sacks and over 6.20 Backhoe op. - rubber tired (1 yard or less) 6.10 I. Cherry picker operator 6.10 Concrete paver operator 6.70 Concrete spreader oper. 6.70 Crane, derrick, dragline, shovel, backhoe, opers.: 1-1/2 yards or less 6.70 over 1-1/2 yards 7.20 Crusher Operator 5.65 ' Distributor operator 5.65 Drill Operator wagon or truck) 5.65 Elevating grader oper. 6.70 a ' Euclid or like equipment operator (bottom or end dump) 5.25 Finishing machine oper. 6.10 ' Vol. 11 GP 100-21 U.S. Department of Labor C 4R88-7 Flagger 3.90 Forklift operator 5.05 Form grader operator 5.05 Front end loader oper.: Finish 6.70 Rough 5.65 Hydro seeder operator 5.15 Mechanic 6.90 • Mechanic Helper 5.25 Motor patrol operator: Finish 6.90 Rough 5.65 Mulching machine oper. 5.15 Oiler and greaser 5.45 Pile driver operator 6.20 Power broom operator 5.15 Pug Mill Operator 5.15 Roller operator (self propelled) 5.25 .Scraper operator: Finish 6.90 Rough 5.65 Sod slicing machine op. 4.95 Stabilizer mixing machine operator 5.65 Tractor operator (crawler type) 5.15 C Tractor operator (farm and wheel) 5.15 Tractor operator wheel type (with attachments I yd. or under) 5.55 Trenching machine oper. 5.55 STONEMASONS 7.20 TRUCK DRIVERS: Distributor truck driver 5.45 Semi -trailer 5.45 Lowboy driver 5.65 Transit mix truck driver 5.45 Truck driver (heavy -maximum pay load in excess of 3,000 lbs.) 5.15 Truck driver (light -maximum pay load 3,000 lbs.) 4.85 Well drillers 6.90 WELDERS: Receive rate prescribed for craft performing operation to which welding Is incidental. Unlisted classifications needed for work not Included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii)). GP 100-72 Vol. II I ' Bill Clinton Elizabeth M. Brooks Govern Acting Director •� �•• ,,,,� STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR r6a� 10421 WEST MARKHAM LITTLE ROCK 72205 (5011682-4500 •s September 6, 1988 I. Mr. Gary Shipley, P.E. ' Garver+Garver, P.A. P. 0. Box C-50 Little Rock, Arkansas 72203 RE: Rehabilitate Airport Sign System Fayetteville, Arkansas ' Washington County Dear Mr. Shipley: This is to certify that the State of Arkansas Prevailing Wage Rate Determination Number 88-32 for the referenced project shall conform with those contained in the U.S. Department of Labor Decision Number ' AR88-7. Once the contract is awarded, we would appreciate being advised of the following: the name, address and telephone number of the prime contractor; contract amount; and the anticipated starting and completion dates. ' If you have any questions, or we can be of further assistance, please contact the Prevailing Wage Division at the above address and telephone number. ISincerely, BeckycBrya#tt Executive Assistant ' BB/cb ' Enclosure I ' GP 100-23 Monthly Employment Utilization Report (Standard Form 257 - Rev. 9/78) Authorized by Section 203 of Executive Order 11246 and 41 CFR 60-1.4(5) The Contractor will file with the Area Director, U.S. Department of Labor, OFCCP, P.O. Box 1296, Little Rock, Arkansas, to reach that office by the 5th of each month, beginning with the effective date of the contract for the duration of the contract, Monthly Employment Utilization Reports (Standard Form 257), in accordance with the instructions contained in the form. Members of the Associated General Contractors Highway Heavy Affirmative Action Plan are not required to submit Form CC -257, unless requested. A sample of the "Standard Form 257" is provided on the following two pages. GP 100-24 a>w LL <20 J f W m ¢OZ h'm00 LL ¢ V i O 8 wJw 07�i n ty LL < O 2 W u (w7 U 2 ' n LL H i O J¢> LL LL Z w J m u" W ____ H: ____ ____ ______ 2 W J -' z w wV z LL UI 9 < W < w ¢ ^ OW z_V �w ¢ W • < • - O ^ w a f a V m 8 2 2 N N < C C WOO w LL 0 <? aZ S 7 Q e o ¢ V¢ LL tw, m U w V0_ -w ,.-.-/ ...- i V • 0 H << w z W < d O ._u > z 2w ' V, F x e Q 0 O LL w > 0 e Q 2 oc z 6 E p C Q N W W a 8- ,L u 2 z SE O i 'w O p N > H p Q J < r9 7 N C p Z J g> = rn LL ' O!- e Y e 7 V 00 V __m o O m 2 n op+ 3 i e o C I m ' J q LL 8 Q J W W LL WO o.. JO¢ w D. N e C H O~ F• 1 0 aas nno2m I - W p C y 0 O O N V M Q a y W s W y W y W y W W O n e O �QQ V J QQ V J V J p� V J U J m 2 L� z H W < S H W < f W < 3 w H H w H Q O C a`e p W z u W z o m W z o a>i W z g p W 2 0 Z J C o� m y< m i Q m 6< m m q iq Q j i i< J m LL E 0 V 0 1¢ J O O ¢ J O. ¢ J 0 Q f N 0< m N W N m Q� uFO -t < f f0' ' Y I ZV W Oe Q: W < ¢ O w u 3 _ n 0 O m u G %' H W LL z - c W O ' 2 v1 p g E ca o TX - — > a" E ¢Q J . < Q > aE=ss a O o eI•-0 0 w E C'o' �nf- -, < H ¢ . O O 0 O° S c O << Q< 0 Q V• E '3 .. Q W -9P vi 0 • F O� C9 C. 0! 100-25 I. INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC -257) I The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the contract, and they shall include the total work -hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's aggregate work force to the Federal compliance agency that has Executive Order 11246 responsibility. (Additional copies of this form may be obtained from the (i.S. Department of Labor, Employment Standards Administration, OFCCP's regional office for your area.) Compliance Agency................................U.S. Government agency assigned responsibility for equal employ- ment opportunity. (Secure this information from the contracting officer.) Federal Funding Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . ..US. Government agency funding project (in whole or in part). If more than one agency, list all. Contractor.................................Any contractor who has a construction contract with the U.S. Gov- ernment or a contract funded in whole or in pan with Federal funds. Minority .......................................Includes Blacks, Hispania, American Indians, Alaskan Natives, and Asian and Pacific Islanders —both men and women. 1. Covered Area ..................................Geographic area identified in Notice required under 41 CFR 604.2. 2. Employer's Identification Number ....................Federal Social Security Number used on Employer's Quarterly Fed- eral Tax Return IU.S. Treasury Department Form 9411. 3. Current Goals (Minority & Female) ....................See contract Notification. 4. Reporting Period ................................Monthly, or as directed by the compliance agency, beginning with the effective date of the contract. 5. Construction Trade..............................0nly those construction crafts which contractor employs in the covered area. 6. Work -Hours of Employment (eel .....................a. The total number of male hours and the total number of female hours worked by employees in each classification. be. The total number of male hours and the total number of female hours worked by each specified group of minority employees in each classification. Classification ..................................The level of accomplishment or status of the worker in the trade (Journey Worker, Apprentice, Trainee) 7. Minority Percentage ..............................The percentage of total minority work -hours of all work -hours (the sum of columns 6b, 6c, 6d, and 6e divided by column 6e; just one figure for each construction trade). ' 8. Female Percentage ....................... 6a ........For each trade the number reported in . F divided by the sum of the numbers reported in Sa. M and F. 9. Total Number of Employees ........................Total number of male and total number of female employees work- ing in each classification of each trade in the contractor's aggregate work fora during reporting period. 10. Total Number of Minority Employees .................Total number of male minority employees and total number of female minority employees working in each classification in each trade in the contractor's aggregate work force during reporting period. ' GP 100-26 ' I SECTION 110 DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS PART A A-1 Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. A-2 DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. A-3 Compliance. All bidders, potential contractors, or subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. A-4 Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. PARTS B-1 It is further understood and agreed: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45(1) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE contract goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is eight percent (8%) of the dollar value of this contract. After opening of bids, the apparent successful bidder will be required to submit the names and addresses of DBE firms that will participate in the contract along with a description of the work and dollar value for each contract (subcontract). If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must provide documentation clearly documenting, to the satisfaction of GP 110-1 DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS the airport. sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that fails to meet these requirements will be considered non -responsive. Agreements between bidder/proposer and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. GP 110-2 SPECIAL CONDITIONS SC -01 GENERAL DESCRIPTION OF THE WORK. Detailed descriptions of the several items of work are given in the TECHNICAL SPECIFICATIONS that follow. The work involves, but is not limited to, the following: 1. Installation of Taxiway Signs 2. Replacement of the 36" Rotating Beacon 3. Cleaning and Painting of the Beacon Tower 4. Replacement of the Primary Wind Cone and Segmented Circle 5. Replacement of the Supplemental Wind Cones SC -02 SPECIAL INSTRUCTIONS. It is the intent of these instructions to minimize interference to aircraft operations; in areas not closed to aircraft, aircraft movement shall have the right of way over construction related vehicles and equipment. The Contractor shall notify the Owner at least 48 hours in advance of his intent to close the runway (to aircraft traffic) in order to work in the concerned area. The Contractor will be allowed access to the airport only at the gates illustrated on Sheet 2 of the plans. The Contractor shall supply his own lock for each of the access gates and exercise diligence in keeping the gates locked or guarded at all times, except for the brief period required for passage of authorized vehicles or equipment. Both the Owner and Engineer will be furnished keys for such locks. The Contractor shall be responsible for the maintenance and repair of each access/haul route. 1. General - It is the intent of these contract documents to organize and control the work so that it is accomplished with minimum inconvenience to aircraft traffic, and to insure the safety of aircraft movements at the Fayetteville Municipal Airport during the construction period. To accomplish_ this, the work is restricted in Air Operations Areas as defined in these specifications and detailed in the plans. 2. An Air Operations Area is an area of certain width, through the middle of which is located a runway or taxiway. Work within an Air Operations Area may be accomplished only when the Air Operations Area is closed to aircraft traffic. The Contractor shall coordinate the closing of the Air Operations Area with the Owner (through the Engineer) as discussed elsewhere in these specifications and on the plans, and shall be responsible for marking the closed air operations area and erecting barricades to separate aircraft from the construction activity. SC -1 SPECIAL CONDITIONS 3 (a) All work within Air Operation Areas shall be coordinated strictly with the Fayetteville Airport air traffic control tower. (b) It shall be the full and sole responsibility of the Contractor to provide the required coordination, and to receive and comply with all instruction issued by air traffic control. (c) Contact and control shall be by two-way operation radio, tuned to the frequency specified by the Engineer. The radio shall be guarded at all times during the hours of work so that information or instructions may be revealed. (d) The Contractor shall furnish at least two (2) portable radios for use by the Engineer and the Contractor's personnel. The radios shall be in good condition and shall be maintained in good and operable condition at all times, and shall remain the property of the Contractor upon completion of the project. The radios shall be capable of transmitting and receiving on the frequencies directed by the Engineer. 4. (a) Work outside the Runway 16-34 safety area will be accomplished during normal daytime work hours. (b) Work inside the Runway 16-34 safety area will be accomplished at night when Runway 16-34 is closed to aircraft traffic. Runway 16-34 may be closed only after the last scheduled air carrier operation (currently scheduled at 11:45 p.m., daily) of the day. The work shift, including clean up, will end 30 minutes before the first scheduled air carrier operation (currently scheduled at 6:00 a.m., daily) of the day. Prior to the end of each work shift, the Contractor shall fill all open excavation exceeding 3 inches in depth inside the Runway 16-34 safety area as required or as directed by the Engineer. The work site will be inspected at the end of each work shift. The Contractor shall retain a clean-up crew until this inspection is completed. At the end of each work shift, the worksite must be left free of open excavation or trenches and abrupt breaks in grade exceeding 3 inches. SC -04 INSURANCE. Insurance shall meet the following requirements: 1. Contractor's Liability Insurance Requirements. The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. In addition, the bidder shall provide a statement of premium cost issued by the agent or insurance carrier for that coverage. The kinds of insurance required are: (1) Public Liability; SC -2 I SPECIAL CONDITIONS (2) Property Damage and Vehicle Liability; and (3) Workman's Compensation. Prior to the execution of the contract, the successful Bidder shall furnish, to the Owner, Certificate of Insurance coverages. During the life of the construction contract, the Contractor shall purchase and maintain comprehensive and general public liability insurance as is appropriate for the work being performed as veil as provide protection from claims which result from the Contractor's performance of the requirements of the contract documents, 1 The insurance required by this section shall include the specific coverages and be written for not less than the limits of liability and coverages required by law. All such insurance shall remain in effect until the work is formally accepted by the Owner, and at ' all times thereafter that the Contractor may be correcting, removing, or replacing such work. The Contractor shall require all subcontractors on the job to carry insurance as outlined above, or shall furnish coverage for the subcontractors as outlined above. ' In the event the Owner determines that the low bidder's coverage in force is inadequate, the Owner may require the low bidder to procure additional coverage in amounts specified by the Owner. ' The cost of premiums for such additional coverage shall be paid by the Owner in the form of a reimbursement under the contract. In the event the low bidder is unable, after diligent effort, to procure such additional coverage as may be required by the Owner, the Owner shall provide such additional coverage, naming the contractor as insured or, at the option of the Owner, reduce the ' amount of additional coverage required or waive any requirement for additional coverage. 2. Third Party Coverage. In addition to the insurance described above, the Contractor also shall provide "Owner Protective" insurance which names as the insured the City of Fayetteville and Garver+Garver, PA, Engineers, Little Rock, Arkansas. Such ' insurance shall be in full force during the life of this Contract. The bidder shall show the premium cost for the "Owner Protective Policy" or additional insured in the Proposal in the bid item ' "Third Party Insurance." The amount shown in the bid item for the "Third Party Insurance" premium cost shall be that amount of additional premium above the premium for the coverage shown in the Certificate of Insurance submitted with the bid. The additional premium cost for third party coverage above the amounts shown in the Certificate of Insurance shall be paid by the Owner in the form of a reimbursement under the contract. SC -05 NOTICE TO PROCEED. Notice to proceed with the procurement of the ' SC -3 SPECIAL CONDITIONS necessary electrical equipment for this project will be given following the Engineer's approval of the Contractor's equipment submittal. No contract time will be charged to the Contractor for the time needed for him to procure electrical equipment. The Contractor's contract time for the project will begin 10 calendar days from the date "Notice to Proceed" with the work is given or from the date work begins, which ever comes first. SC -O6 TIME FOR COMPLETION AND LIQUIDATED DAMAGES. The number of calendar days allowed for completion of the project is stipulated in the Proposal and in the Contract and shall be known as the Contract Time. 1. It is understood and agreed by and between the Owner and the Contractor that the time of completion herein set out is a reasonable time. The Contractor shall perform fully, entirely and in an acceptable manner, the work contracted for within the contract time stated in the Contract. The contract time shall be counted from ten days after the effective date of the "Notice to Proceed", or the date work commences, whichever occurs first; and shall include all Sundays, holidays, and non -work days. All calendar days elapsing between the effective dates of any orders of the Engineer for suspension of the prosecution of the work, due to the fault of the Contractor, shall be counted as elapsed contract time, and shall not be considered for an extension of time. 2. Extensions of time for completion, under the condition of 2(a) next below, will be granted; extensions may be granted (in accordance with paragraph GP 80-07, DETERMINATION AND EXTENSION OP CONTRACT TIME) under other stated conditions: a. If the satisfactory execution and completion of the Contract shall require work or material in greater amounts or quantities than those set forth in the Contract, then the Contract time shall be increased in the same proportion as the additional work bears to the original work contracted for. b. An average or usual number of inclement weather days, when work cannot proceed, is to be anticipated during the construction period and is not to be considered as warranting extension of time. If, however, it appears that the Contractor is delayed by conditions of weather, times and seasons, so unusual as not to be reasonably anticipated, extensions of time may be granted. c. 'Should the work under the Contract be delayed by other causes which could not have been prevented or contemplated by the Contractor, and which are beyond the Contractor's power to prevent or remedy, an extension of time may be granted. Such causes of delay shall include but not necessarily be limited to the following: (1) Priority or allocation order duly issued by the Federal SC -4 SPECIAL CONDITIONS Government. (2) Acts of God, acts of the public enemy, acts of the Owner except as provided in these Specifications., fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. (3) Any delays of Subcontractors or suppliers occasioned by any of the causes specified in (1) or (2) above. 3. The Inspector or other authorized representative of the Engineer shall keep a written record of each sufficient for his determination as to the inclusion of that day in the computation of Contract time. This record shall be available for examination by the Contractor during normal hours of work as soon as feasible after the first of each construction month. In case of disagreement between the representative of the Engineer and the Contractor, as to the classification of any day, the matter shall be referred to the Engineer whose decision shall be final. 4. The amount of all extensions of time for whatever reason granted shall be determined by the Owner. In general, only actual and not hypothetical days of delay will be considered. The Owner shall have authority to grant additional extensions of time as the Owner may deem justifiable. The amount of Liquidated Damages to be assessed shall be in accordance with the schedule that follows: Liquidated Damages Per Day Less than $25,000.00 $ 50.00 Not less than $ 25,000.00 but less than $ 50,000.00 75.00 Not less than $ 50,000.00 but less than $ 100,000.00 100.00 Not less than $100,000.00 but less than $ 500,000.00 125.00 Not less than $500,000.00 but less than $1,000,000.00 175.00 Not less than $1,000,000.00 but less than $1,500,000.00 275.00 1. Time is an essential element of the Contract and it is important that the work be pressed vigorously to completion. Loss will accrue to the public due to delayed completion of the facility and the cost to the Owner of the administration of the Contract, including engineering, inspection and supervision, will be increased as the time occupied in the work is lengthened. 2. Should the Contractor fail to complete the work as set forth in the Specifications and within the time stipulated in the Contract, there shall be deducted the amount shown in the schedule above, for each day of delay, from any monies due or which may thereafter become due him, not as a penalty, but as ascertained and liquidated damages. SC -5 SPECIAL CONDITIONS 3. Should the amount otherwise due the Contractor be less than the amount of such ascertained and liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. If the Contractor finds it impossible for reasons beyond his control to complete the work within the Contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may recommend to the Owner that the contract time be extended as conditions justify. If the Owner extends the contract, the extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. SC -07 LEGAL HOLIDAYS. January 1, Memorial Day, July 4, Labor Day, Thanksgiving and December 25 will be considered as being holidays; no other days will be so considered. No engineering supervision or construction observation (or inspection) will be furnished on legal holidays or Sundays, except in an emergency. The Contractor shall observe the legal holidays and Sundays, and no work shall be performed on these days except in an emergency. SC -08 INSTRUMENT CONTROL. The Contractor shall be responsible for establishing and maintaining instrument control for all the work, using the references and dimensions shown on the plans to control the work. SC -09 SECURITY AND CONTROL OF ACCESS. The Contractor shall order his forces and work to insure the continued maintenance of airport security and control of access. Access is to be limited to only those personnel necessary for the work. At all times the Contractor shall cooperate with representatives of the Fayetteville Municipal Airport and abide by airport security requirements. In addition, the following requirements shall be met: No personal vehicles of Contractor's employees will be allowed inside the security fence. The Contractor must either maintain a guard on each access gate at all times or keep the access gate locked. All material deliveries must be escorted by the Contractor's personnel to insure delivery trucks do not wander into unauthorized areas of the airport. SC -10 SAFETY. Safety at the airport is a prime concern of the City. The Contractor shall immediately comply with any instruction given by any airport representative to insure the safety of airport operations. All construction shall be subject to the inspection of the City and shall meet its approval. During hours of work, privately owned vehicles shall be parked only in the SC -6 SPECIAL CONDITIONS ' area designated on Sheet 2 of the plans. SC -11 DOCUKENTS FOR THE CONTRACTOR. The Engineer will furnish (at no cost) the Contractor three (3) sets of Specifications and three (3) sets of full size Plans. Additional sets (for subcontractors, suppliers, etc.), if requested, will be furnished at the cost of reproduction. SC -12 NOTAMS. In order to formally advise pilots of such information as temporary taxiway closure, construction activity on the airport, etc., the FAA --upon request from the Owner --will disseminate notices via the National Notice to Airmen (NOTAM) telecommunications system. Such disseminated notices are known as NOTAMs. The Contractor shall, through the Engineer, keep the Owner continuously informed of his construction operations in order that NOTAMs be kept current and reflect actual conditions with respect to construction activities on the airport. 1 SC -13 CONSTRUCTION ACTIVITY AND AIRCRAFT MOVEMENTS. Safety requirements for construction activity affecting aircraft movement areas have been coordinated with the Owner and representatives of the FAA. As a result of this coordination, the Contract provisions. Restrictions are noted in the plans on the sheet titled "Sequence of Constructions". ' Open trenches, excavations exceeding 3 inches in depth and 3 inches in width, or stockpiled material will not be permitted within 250 feet of any runway centerline, within 300 feet of the end of a runway, nor within 100 ' feet of any taxiway centerline. These criteria are applicable only when the concerned runway/taxiway is operational and open to aircraft traffic. ' SC -14 MOTORIZED VEHICLES. During periods when the runway or taxiways are not closed, vehicular activity on the runway and taxiway will be prohibited. In the event that such vehicular traffic cannot be avoided, it must be carefully controlled in accordance with the following provisions: ' a. Vehicular traffic crossing active movement areas must be controlled by two-way radio with the control tower, by escort, or other appropriate means, approved by the Owner. The clearance should be confirmed by the driver's personal observation that no aircraft is approaching his position. b. Any vehicle required to travel over any portion of the aforementioned areas shall display a flag on a staff, attached to the vehicle in such a manner that the flag will be readily visible. The flag should be not less than 3 -feet square, consisting of a checkered pattern of international orange and white squares of not less than 1 foot on each side. A vehicle not equipped with a flag must be escorted by a vehicle that is flagged. c. Waste and loose material capable of being blown about and causing damage to aircraft landing gears, propellers, etc. should not be placed on (or allowed to be blown into) active aircraft movement areas. Material tracked onto any paved areas shall be removed, SC -7 I SPECIAL CONDITIONS with special effort given immediately before the area is re -opened to aircraft traffic. SC -15 CLEAN UP. From time to time, the Contractor shall clean up the site, including any work areas at the airport, in order that the site presents a neat appearance and the progress of the work not be impeded. One such period of clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary plant, equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. Clean up will not be measured for separate payment but shall be considered subsidiary to Item SP -1, SITE PREPARATION. SC -16 PROJECT MEETINGS AND COORDINATION. A preconstruction conference will be called by the Engineer at a time convenient to the Owner and before the issuance of the "Notice to Proceed". The Engineer and the Contractor and such subcontractors as the Contractor may desire shall attend this meeting with the Owner. The Owner will call such Coordination Conferences as may seem expedient to him for the purpose of assuring coordination of the work covered by this Contract. The Contractor shall attend all such conferences. This in no way relieves the Contractor of his responsibility to fully coordinate his work under this Contract. SC -17 SCHEDULES AND RECORD DOCUMENTS, After award of the Contract and before the first payment request, the Contractor shall submit to the Engineer, in a form and to a detail acceptable to the Engineer, his proposed "Progress Schedule", showing expected starting and completion dates of the various items of work. The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order, and annotated to show all changes made during the construction process. These shall be available to the Engineer for examination and shall be delivered to the Engineer or Owner upon completion of the work. 11t0L .. . INDEX OF SHEETS Sheet No. Sheet Title 1 Coversheet and Index of Sheets 2 Project Layout Plan 3 Summary of Quantities 4 Work Restrictions and Sequence of Construction 5 Sign Layout Plan SC -8 SPECIAL CONDITIONS INDEX OF SHEETS Sheet No. Sheet Title 6 Sign Layout Plan 7 Primary Wind Cone and Segmented Circle Layout Plan 8 Electrical Details I 9 Electrical Details II SC -19 MEASUREMENT AND PAYMENT. No separate measurement or payment will be made for work under these Special Conditions; all costs for the work shall be included in the contract prices for the work to be performed under this contract. SC -9 I ITEM SP -1 SITE PREPARATION ' Description ' 1-1.1 This item shall include: (1) closed taxiway markings and barricades, and (2) clean up. 1 The work shall cover, but not be limited to, the following areas: (a) Area to be occupied by the construction improvements. (b) Necessary abutting work areas. 1 (c) Any area used for stockpiling of excavated material. (d) Areas within airport property used for storage. The Contractor shall remove all existing signs not to remain, existing wind ' cones and segmented circles, and any other obstructions on the site of the project, as directed by the Engineer, which will interfere with construction of the project. Materials or obstructions removed under this item shall be disposed of by the Contractor off site, unless otherwise directed by the Engineer. It shall be the responsibility of each Bidder to examine the site carefully and make his own estimate as to costs to be incurred by the requirements of this item. ' 1-2.1 CLOSED TAXIWAY MARKINGS AND BARRICADES. The Contractor shall fabricate, furnish, install, maintain, and remove closed taxiway markings and barricades in accordance with details on the plans. 1-3.1 REGRADE AREA UNDER BEACON TOWER. The Contractor shall fill the area under the beacon tower with select material as directed by the Engineer. The top 2" of the fill material shall meet the requirements of Item T-905 of these specifications. The fill shall be graded to drain as directed by the Engineer. The existing concrete monument with brass cap, located under the beacon tower, shall be protected from the fill by an adjustable cast iron, monument box installed as directed by the Engineer. Solid sod meeting the requirements of Item T-904 shall be placed on the finished topsoil in accordance with Item T-904. The regrading, topsoiling and sodding of the area under the beacon tower and the installation of the monument box will not be measured for separate payment, but will be considered subsidiary to to the bid item "Site Preparation." 1-4.1 CLEAN UP. ' (a) From time to time the Contractor shall clean up the site, including all areas as stipulated in paragraph 1-1.1 above, in order that the site presents a neat appearance and the progress of work not be impeded. One such clean up shall immediately precede final inspection. SP -1-1 I ITEM SP -1 SITE PREPARATION (b) Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. Method of Measurement 1-5.1 All work involving removal of site obstructions, closed taxiway marking and barricade installation and removal, and site clean-up will not be measured for separate payment, but shall be considered subsidiary work pertaining to the item of site preparation. Work completed and accepted under this item will be measured on the lump sum basis for the entire project. Basis of Payment 1-6.1 Work completed and accepted, and measured as provided above for removal of site obstructions, for closed taxiway marking and barricade installation and removal, and for site clean-up, will be paid for at the contract lump sum price bid for "Site Preparation," which price shall be full compensation for furnishing all labor, equipment, tools and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount of the work accomplished, as determined by the Engineer. Payment will be made under: Item SP -1-6.1 Site Preparation - per Lump Sum. SP -1-2 L ITEM 2-1.1 This item normal hours for All such certain ' operations during Paragraph SC -03, i SP -2 NIGHT WORK AND INTERRUPTING CONDITIONS covers certain conditions, herein defined, under which any one night work shift may be modified or eliminated. conditions are related to the maintenance of aircraft night work. For general night work restrictions, refer to ,f the SPECIAL CONDITIONS, This item does not cover time lost because of adverse weather, or time lost for any other condition except the conditions herein described in Paragraph 2-3.1. Whether the lost days of this subparagraph are included in the count of contract time shall be in accordance with paragraph SC -06 of the SPECIAL CONDITIONS, and this specification. All actions with respect to disruptions shall be in strict accordance with the Engineer's direction 2-2.1 NORMAL NIGHT Si the SPECIAL CONDITIONS, ' (currently scheduled at cleanup, will end 30 (currently scheduled at at the end of each work shift by airport personnel. The Contractor shall retain 1 a cleanup crew until this inspection is completed. sand with these specifications. [IFS. The normal night work shift, as discussed in will begin after the last air carrier operation 11:45 p.m.) of the day. The work shift, including minutes before the first air carrier operation 6:00 a.m. daily). The work site will be inspected No personnel or equipment shall enter upon any apron, taxiway, or runway prior to 11:45 p.m. (the last scheduled air carrier operation). Personnel and appropriate equipment shall be mobilized at the appropriate access gate at 10:45 p.m. and be prepared at 11:45 p.m. to enter the work site at the direction of the control tower immediately after the last air carrier operation of the day. In the event that the last air carrier operation is rescheduled for an earlier time, then the times mentioned in this paragraph ' will be revised to allow for the normal night work shift to begin immediately after the last scheduled air carrier operation. The access gates involved are shown on the plans. 2-3.1 CAUSES OF DISRUPTION TO WORK. Causes of disruption to the work shift include the following: (1) Delay in last scheduled air carrier operation (2) Use of Runway 16-34 required by aircraft during the work shift because of low ceiling and/or visibility, because of wind directions or velocities, or because of emergency operations. (3) Unscheduled (charter) air carrier operation during the normal night work shift. 2-4.1 CATEGORIES OF DISRUPTIONS. The 2 categories of disruption (to the Contractors ability to ' accomplish work during the night shift) are 'designated "Suspension Time" and "Standby Time". All decisions with respect to the existence of a disruptive condition shall be made by the Engineer. All contacts with Federal and other agencies, for information upon which to make his decisions, shall be obtained by the SP -2-1 ITEM SP -2 NIGHT WORK AND INTERRUPTING CONDITIONS Engineer directly, and not by the Contractor. The Contractor shall maintain close liaison with the Engineer at all critical hours of disruptive conditions. The system to implement such liaison shall be as proposed by the Contractor and approved by the Engineer. 2-4.2 SUSPENSION TIME. (1) The critical hour for suspension time is 10:00 p.m. (2) Based on information affecting the operation of aircraft and his conclusion that the possibility of work on that night will be remote, the Engineer shall notify the Contractor not later than 10:00 p.m. that work for that night is to be suspended. (3) Upon receipt of such notification, the Contractor shall alert his personnel not to report for work on that night. (4) Days involved in suspension time will not be included in contract time, but shall be excluded from the count of consumed contract days. 2-4.3 STANDBY TIME (1) This condition occurs when the Engineer has Dot directed that the project be placed under suspension as provided in Paragraph 2-4.2 above, but conditions develop that the work site cannot be occupied at the normal time. Standby time may also be measured if emergency operations create a condition disruptive to the Contractor during the work shift. (2) Factors controlling standby time, in addition to the condition stated in subparagraph (1) next above, are the following: a. The Contractor's reporting for work at 10:45 p.m. b. The Engineer's notification to the Contractor that work cannot begin at the normal time. c. The Engineer's instruction to the Contractor to hold his personnel on standby because of the possibility of working after the normal time. The Engineer may repeat his instruction to continue on standby time at intervals of one (1) hour, or at longer intervals, as in his judgement is appropriate. (3) Standby time shall occur and be measured by increments of one (1) hour. (4) The Contractor shall not be required to hold his personnel on standby basis later than 1:00 a.m. If the Contractor elects, he may hold his personnel on standby basis later than 1:00 a.m., but the time after 1:00 a.m. will not be included in the measurement of standby time. (5) Time involved in standby time will not be excluded from contract SP -2-2 ITEM SP -2 NIGHT WORK AND INTERRUPTING CONDITIONS time, but shall be included in the count of consumed contract days. Method of Measurement 2-5.1 Suspension time will be measured by the day, one day being counted for each occurrence. 2-5.2 Standby time will be measured by the hour of time actually involved. Standby shall be conducted so that the measurement will be in increments of one whole hour. No measurement for payment for suspension time or standby time will be made for any work other than night work. Basis of Payment 2-6.1 Work under this section acceptably completed, and measured as 1 provided above, will be paid for at the contract unit price per day bid for "Suspension Time", and at the contract unit price per hour bid for "Standby Time", which price in each case shall be full compensation for the ' management of the Contractor's forces as specified, and for any equipment, tools, labor, and incidentals involved. Payment will be made under: Item SP-2-6.la Suspension Time - per day Item SP-2-6.lb Standby Time - per hour SP -2-3 I ITEM L-103 AIRPORT BEACON TOWER 1 Description 103-1.1 This item shall consist of the cleaning and painting of the existing airport beacon tower, in accordance with this specification. The work shall also include the installation of a lightning protection system on the existing tower, the installation of a fall prevention system on the existing tower ladder, and the installation of obstruction lights on the existing tower. Equipment and Materials 103-2.1 GENERAL. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the engineer. 103-2.2 LIGHTNING ROD. The lightning rod shall consist of a galvanized steel, copper, or copper -clad rod with the upper end drawn to a point and of sufficient length to extend from the point of fastening to not less than 12 inches above the top of the beacon. ' 103-2.3 GROUND CABLE. The ground cable for lightning protection shall consist of No. 6 AWG or larger bare stranded copper wire. 103-2.4 GROUND ROD. The ground rod shall be of the diameter and length specified in the plans. It shall be copper or copper clad. 103-2.5 GROUND CLAMP. Ground clamp shall be similar and equal to the Type • GR as manufactured by the Burndy Engineering Company. 103-2.6 FALL PREVENTION SYSTEM. The fall prevention system to be attached to the existing beacon tower ladder shall be a rigid rail system and shall meet OSHA regulation 1910.27. The system shall be made up of the following components: 1 (a) Carrier Rail Assembly. 1. The carrier rail shall be mechanical steel tubing 1-5/16 inch O.D. by 1 inch I.D.; 0.120 inch wall thickness . H.R.E.W.; notched 7/8 inch by 7/8 inch by 5/32 inch at 6 inch centers; tapped 3/8-16 at 9 inch centers opposite the notches; finish shall be hot dip galvanized in accordance with ASTM A-123. 2. The guide channel shall be M-1015 steel 3/4 inch by 3/8 inch by ' 1/8 inch; slotted 7/8 inch by 7/16 inch at 9 inch centers; finish shall be hot dip galvanized in accordance with ASTM A-123. I 3. The internal alignment guide shall be 1 inch O.D. by 0.065 inch wall thickness by 4 inch C.R.E.W. tubing; finish shall be hot dip galvanized L-103-1 ITEM L-103 AIRPORT BEACON TOWER in accordance with ASTM A-153 or ASTM B-695. 4. The connecting strap shall be 1020 HR steel bar 1/4 inch by 1 inch by 4 inch; finish shall be hot dip galvanized in accordance with ASTM A-153 or ASTM B-695. 5. Screws for attaching the connecting strap shall be 3/8-16 hex head cap screws with 13/32 inch shoulder; finish shall be hot dip galvanized in accordance with ASTM A-153 or ASTM B-695. (b) Ladder Rung Clamps. 1. The mounting bracket shall be 0.125 gauge low carbon steel roll formed; 11 inch by 1 inch by 1-1/4 inch, with 1-1/2 inch by 7/16 inch slots at 9 inch centers and serrations on one side to adapt to any rung configuration; finish shall be hot dip galvanized in accordance with ASTM A- 123. 2. Hardware for attaching the bracket shall include 3-1/8 inch long studs with 3/8-16 thread each end, 3/8 inch by 1 inch O.D flat washers, 3/8- 16 hex head nuts, and 3/8-16 hex head "Palnut" locknuts. All hardware shall be hot dip galvanized in accordance with ASTM A-153 or ASTM B-695. (c) Safety Sleeve Assembly. 1. The sleeve shall be cast from manganese bronze and shall have a minimum tensile strength of 110,000 psi. 2. The locking pawl shall have a minimum tensile strength of 110,000 psi and shall be secured by a stainless steel pin, type 303, with a minimum tensile strength of 90,000 psi. 3. Roller bearings shall be cadmium plated steel, Killian type SR - 220 -8905. 4. Snaps and links shall be drop forged steel. Snaps shall be proof load tested to 5,000 pounds. (d) Safety Belt. 1. The body pad shall be 3 inch black polyester with harness leather loops having a minimum strength of 1,650 pounds. 2. The body strap shall be nylon web, type XIII, with elk leather wrap, 3066 denier nylon thread stitching and handset copper rivets. 3. The "D" ring shall be 3/8 inch drop forged steel and shall withstand a minimum tensile test of 5,000 pounds without fracture or failure. 4. The buckle shall be drop forged mild steel with two drop forged tongues and sheet steel roller. L-103-2 ITEM L-103 AIRPORT BEACON TOWER 103-2.7 PAINT. The paint system for the beacon tower shall be by one manufacturer and shall consist of the following: (a) Priming paint shall be a high quality, two part epoxy mastic coating, tinted as directed by the Engineer. (b) Finish paint shall be a high quality, catalyzed polyurethane enamel. 103-2.8 OBSTRUCTION LIGHTS. Obstruction lights shall conform to the requirements of Advisory Circular 150/5345-43C for L-810, System C. Lamps shall be 130 volt, 116 watt, A21/TS. Construction Methods 103-3.1 LIGHTNING PROTECTION. The contractor shall furnish and install two lightning rods connected by a down conductor to at least one ground rod for the beacon tower. The lightning rods shall be installed at the top of the tower with the tips of each rod extending not less than 12 inches above the top of the beacon. All connections of cable to cable, cable to lightning rods, and cable to ground rods shall be made with approved type solderless connectors or noncorrosive metal and shall be of substantial construction. The ground cable shall be securely attached to ground rods placed at least 2 feet away from the tower foundation. The ground rod shall be driven into the ground so that the top is at least 6 inches below grade. The ground cable shall be firmly attached to the ground rod by means of a ground connector or clamp. The complete lightning protection installation shall be accomplished to the satisfaction of the engineer. The resistance to ground of any part of the lightning protection system shall not exceed 25 ohms. 103-3.2 FALL PREVENTION SYSTEM. The Contractor shall furnish all materials necessary for a complete fall prevention system in accordance with this specification. The fall prevention system shall consist of the following items: (a) A notched carrier rail extending the full height of the existing tower ladder and extending through the hatchway in the platform at the top of the tower as far as is allowable without interfering with the operation of the beacon light, complete with mounting brackets for installation on the existing ladder rungs. (b) Two (2) locking pawl safety sleeves with two (2) safety belts. The fall prevention system shall be installed on the tower ladder as L-103-3 ITEM L-103 AIRPORT BEACON TOWER recommended by the manufacturer of the system and as directed by the Engineer. The Contractor shall install, as directed by the Engineer, two (2) heavy duty zinc plated bow handles, one on each side of the beacon light platform for a handhold on each side of the platform, in locations easily accessible to a climber from their position at the top of the ladder. No separate payment will be made for the installation of each handhold. 103-3.3 PAINTING. The contractor shall furnish all materials and labor for painting the beacon tower. The color scheme for the steel tower shall match the existing color scheme. (a) Surface Preparation. The tower structure surface preparation shall be Steel Structures Painting Council (SSPC) SP -2-63 hand tool cleaning or SSPC SP -3-63 power tool cleaning, as directed by the Engineer, followed by SSPC SP -1-63 solvent cleaning. The surface shall be inspected by the Engineer prior to application of paint. No more than 72 hours shall elapse between the completion of the solvent cleaning and application of the prime coat. If the time period, following the solvent cleaning and prior to the application of the prime coat, exceeds 72 hours, the Contractor shall, at his expense, re -prepare the tower surface, with a second solvent cleaning of the tower structure, before applying the prime coat. (b) Application of Paint. All paint shall be brush or mitt applied and shall be applied uniformly in the proper consistency by skilled painters in accordance with the manufacturer's label instructions. The finished paint shall be free from sags, holidays, and smears. Division lines between colors shall be sharply defined. Each coat of paint shall be given ample time to dry and harden, as recommended by the manufacturer, before the next coat is applied. Painting shall not be done in cold, damp, foggy, dusty, or frosty atmospheres, or when air temperature is below 40°F., nor started when the weather forecast indicates such conditions for the day. All surfaces shall be cleaned before painting. The surfaces shall be dry and free from scale, grease, rust, dust, and dirt when paint is applied. The paint system shall be as follows and each coat shall have a dry film thickness (DFT) as indicated: (1) One (1) priming coat: 8 mils DFT/coat (tinted as directed by the Engineer). (2) One (1) finish coat of white or orange (as required by the color scheme): 3 mils DFT/coat. The color orange shall be in accordance with Federal Standard 595, Aviation Gloss Orange No. 12197. 103-3.4 OBSTRUCTION LIGHTS ON BEACON TOWER. Two obstruction lights shall be mounted on top of the beacon tower at opposite corners using 1 -inch conduit. The conduit shall screw directly into the obstruction light fixtures and shall support them at a height of not less than 4 inches above L-103-4 ITEM L-103 AIRPORT BEACON TOWER the top of the rotating beacon. The fixtures shall be mounted in an upright position in all cases. The conduit shall be fastened to the tower members with "wraplock" straps, clamps, or approved fasteners spaced approximately 5 feet apart. Three coats of aviation -orange paint shall be applied (one prime, one body, and one finish coat) to all exposed material installed under this item except obstruction light globes. Method of Measurement 103-4,1 Measurement for cleaning and painting of the beacon tower shall be by the lump sum for a completed and accepted job. Measurement for the fall prevention system for the beacon tower shall be by the lump sum for a completed and accepted installation. Measurement for the lightning protection system on the beacon tower shall be by the lump sum for a completed and accepted installation. The quantity of obstruction lights to be paid for under this item shall be the number of single obstruction lights installed and accepted as completed units, in place, ready for operation. Basis of Payment 103-5,1 Payment for cleaning and painting the beacon tower will be made at the contract lump sum unit price bid for the completed and accepted job. This price shall be full compensation for furnishing all materials and for all preparation for painting, application of the paint, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment for the fall prevention system for the beacon tower will be made at the contract lump sum unit price bid for the completed and accepted job. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete this item. Payment for a lightning protection system installed on the beacon tower will be made at the contract lump sum unit price bid for the completed and accejob. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete I this item. Payment will be made at the contract unit price for each completed obstruction light installed, in place by the contractor, and accepted by the engineer. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentials necessary to complete this item. ' L-103-5 ITEM L-103 AIRPORT BEACON TOWER Payment will be made under: Item L -103-5.1a Clean and Paint Beacon Tower -- per Lump Sum Item L -103-5.1b Fall Prevention System for Beacon Tower -- per Lump Sum Item L -103-5.1c Lightning Protection for Beacon Tower -- per Lump Sum Item L -103-5.1d Obstruction Lights for Beacon Tower -- per Each L-103-6 I ITEM L-107 INSTALLATION OF AIRPORT WIND CONES Description 107-1.1 This item shall consist of primary and supplemental airport wind cones furnished and installed in accordance with this specification at the locations and in accordance with the dimensions, design, and details shown in the plans. The work shall include the furnishing and installation of support structures for mounting the wind cones, the specified wire, and a concrete foundation. The item shall also include all cable connections, conduit and conduit fittings, the furnishing and installation of all lamps, ground rod and ground connection, the testing of the installation, and all incidentals necessary to place the wind cones in operation as completed units to the satisfaction of the engineer and owner. Equipment and Materials 107-2.1 GENERAL. (a) Airport lighting equipment and materials covered by FAA specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20590, and shall be listed in Advisory Circular 150/5345-1T, Approved Airport Lighting Equipment. ' (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the engineer. 107-2.2 WIND CONES. The wind cones and supporting structures shall conform to the requirements of Advisory Circular 150/5345-27C, Specification for Wind Cone Assemblies, for L-806, Style 1, Size 1 Wind Cones and L-807, Style 1, Size 1 Wind Cones. 107-2.3 WERE. Wire in conduit rated up to 5,000 volts shall conform to 1 Advisory Circular 150/5345-7D, Specification for L-824 Underground Cables for Airport Lighting Circuits, for rubber insulated neoprene covered wire, of Federal Specification J -C-30, Type RHW, for rubber insulated fibrous ' covered wire. For ratings up to 600 volts, thermoplastic wire conforming to Federal Specification J -C-30, Types TW, THW, and THWN, shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. 107-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Federal Specification WW -C-581. 107-2.5 OBSTRUCTION LIGHTS. Obstruction lights shall conform to the ' L-107-1 ITEM L-107 INSTALLATION OF AIRPORT WIND CONES requirements of Advisory Circular 150/5345-43C for L-810, System C Obstruction Lights. 107-2.6 CONCRETE. The concrete for the wind cone foundations and for the segmented circle shall be proportioned, placed, and cured in accordance with Item P-610, Structural Portland Cement Concrete. 107-2.7 PAINT. Painting of the Wind Cone structures shall conform to the requirements of Advisory Circular 150/5345-27C, paragraph 3.8. Construction Methods 107-3.1 INSTALLATION. The hinged support or hinged pole shall be installed on a concrete foundation as detailed in the plans. 107-3.2 ELECTRICAL CONNECTION. The contractor shall furnish all labor and materials and shall make complete electrical connections in accordance with the wiring diagram furnished with the project plans. Underground cable from the electrical vault to the wind cone site shall be installed in accordance with Item L-108 and paid for by linear foot measurement as described in Item L-108, Installation of Underground Cables for Airports. 107-3,3 SERIES TO MULTIPLE TRANSFORMER. As shown in the plans, a series to multiple booster transformer shall be installed, direct buried at the location specified. The transformer shall be installed as directed and shall include L-823 connectors. 107-3,4 GROUND CONNECTION AND GROUND ROD. The contractor shall furnish and install a ground rod, grounding cable, and ground clamps for grounding the pipe support of each assembly near the base. The ground rod shall be of the diameter and length specified in the plans and shall be copper or copper clad. The ground rod shall be driven into the ground adjacent to the concrete foundation so that the top is at least 6 inches below grade. The grounding cable shall consist of No. 8 AWG bare stranded copper wire or larger and shall be firmly attached to the ground rod by means of a ground connector or clamp. The other end of the grounding cable shall be securely attached to a leg of the "A" frame or to the base of the pipe support with noncorrosive metal and shall be of substantial construction. The resistance to ground shall not exceed 25 ohms. 107-3.5 LAMPS. The contractor shall furnish and install four 150 -watt, PAR 38 floodlight, 130 -volt lamps for each wind cone. A 69 -watt, A-21/TS bulb, 130 -volt, 7,000 hour medium prefocus base lamp shall be furnished and installed in the obstruction light as required. 107-3.6 PADLOCK. A padlock shall be furnished by the contractor on the L- 807 wind cone for securing the hinged top section to the fixed lower L-107-2 ITEM L-107 INSTALLATION OF AIRPORT WIND CONES section. Keys for the padlock shall be delivered to the engineer. 107-3.7 SEGMENTED CIRCLE. The Contractor shall construct a segmented circle around the new primary wind cone in accordance with the dimensions, design, and details shown in the plans. Method of Measurement 107-4.1 The quantity of wind cones to be paid for under this item shall be the number of wind cones installed as completed units in place, accepted, and ready for operation. Cable trenching, 5 KV cable and bare counterpoise wire shall be measured and paid for under ITEM L-108 INSTALLATION OF UNDERGROUND CABLE. Measurement for the Segmented Circle shall be on the lump sum basis, completed and accepted. The Series -to -Multiple transformer will not be measured for separate payment, but will be considered subsidiary to the Item L-806 Wind Cone. Basis of Payment 107-5.1 Payment will be made at the contract unit price bid for each completed and accepted wind cone structure installation and at the lump sum price bid for the segmented circle, completed and accepted. These prices ' shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. . Payment will be made under: Item L -107-5.1a L-807, Size 1, Style 1, Wind Cone, in Place -- per Each Item L -107-5.1b Segmented Circle, in Place -- per Lump Sum Item L -107-5.1c L-806, Size 1, Style 1, Wind Cone, in Place -- per Each FAA Specifications Referenced in Item L-107 AC 150/5345-1T Approved Airport Lighting Equipment. AC 150/5345-7D Specification for L-824 Underground Cables for Airport Lighting Circuits. AC 150/5345-27C Specification for Wind Cone Assemblies. AC 150/5345-43C Specification for Obstruction Lighting Equipment. L-107-3 I ITEM L-107 INSTALLATION OF AIRPORT WIND CONES , Ii AC 150/5345-45 Lightweight Approach Light Structure I I I I. I I i I I I L-107-4 I ITEM L-108 INSTALLATION OF UNDERGROUND CABLE Description 108-1.1. This item shall consist of underground cable furnished and installed in accordance with this specification at the locations and in accordance with the design, dimensions, and details shown in the plans. This item shall include the excavation and backfill of the trench and the installation of cable and counterpoise wire in trench, duct or conduit. It shall include splicing, cable marking, and testing of the installation and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the Engineer. This item shall not include the installation of the duct or conduit. Equipment and Materials 108-2.1 GENERAL. (a) Airport lighting equipment and materials covered by FAA specifica- tions shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D. C. 20591, and shall be listed in Advisory Circular 150/5345-1T, "Approved Airport Lighting Equipment". (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the Engineer. 108-2.2 LIGHTING POWER CABLE. Underground cable shall conform to the requirements of Advisory Circular 150/5345-7D, Specification for L-824, Underground Electrical Cables for Airport Lighting Circuits. (a) This Specification sets out the requirements for first -grade com- mercial electrical cable to be used in airport lighting circuits. Electrical cable shall be Type C-5,000 volt. (b) The following document, of the issue in effect on the date of request for approval, forms a part of this Specification to the extent specified herein: ICEA Publication No. S-66-24, Cross -linked Thermosetting - polyethylene Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy. Copies of ICEA publication may be obtained from the National Electrical Manufacturers Association, 2101 "L" Street, N.W., Washington, D. C. 20037. (c) The cable shall be a first -grade commercial product, free from defects in material and workmanship that may affect either life or performance. Manufacture Type C cable in accordance with the requirements of ICEA S-66-524, as listed below: L-108-1 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE Type C Conductor, Copper Coated Stranding, Class B (7 strands) Size, AWG Shielding Insulation Insulation, Thickness Jacket, Material Jacket, Thickness Cabling, Multiple Conductor Test 5.000 Volts S-66-524-2.1.1 S -66 -524 -Table 2-2 No. 8 AVG Not Required S-66-524 S-66-524, Table 7.6-1 Not Required Not Required Not Required S -66 -524 -Part 6 (d) The cable shall be marked with the manufacturer's name or trademark, cable trade name or catalog number, conductor size, and voltage rating. The markings shall be spaced at least every two (2) feet and should not affect the smoothness of the cable surface. (e) The cable shall be qualified by the FAA, and shall be listed in FAA Advisory Circular 150/5345-1T, Approved Airport Lighting Equipment. The Contractor shall submit with the. Shop Drawings, certified copies of the production test report for a production run of approved cable that was manufactured within the twenty-four (24) months immediately preceding the date of the request for the test report. 108-2.3 BARE COPPER WIRE (Counterpoise). Bare copper wire for counterpoise installations shall be stranded wire conforming to ASTM Specifications B3 and B8. 108-2-4 CABLE CONNECTIONS. In -line connections of underground primary cables shall be one of the types listed below. When the plans or the proposal permit a choice of connection, the contractor shall indicate in the bid the type of connection he proposes to furnish. (a) The Cast Splice. A cast splice, employing a plastic mold and using epoxy resin equal to that manufactured by Minnesota Mining and Manufacturing Company, "Scotchcast" Kit No. 82--A, or as manufactured by Hysol Corporation, "Hyseal Epoxy Splice" Kit No. E1135, for potting the splice is approved. (b) The Field -Attached Plug -In Splice. Advisory Circular 150/5345-26B, Specification for L-823 Plug and Receptacle, Cable Connectors, employing L-108-2 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE connector kits listed in Advisory Circular 150/5345-1T, is approved for field attachment to single conductor cable. (c) The Factory -Molded Plut-In Splice. Specification for L-823 Connectors, Factory -Molded to Individual Conductors, is approved. In all the above cases, connections of cable conductors shall be made using crimp connectors utilizing a crimping tool designed to make a complete crimp before the tool can be removed. 108-2.5 CONCRETE. Concrete for duct, cable or splice markers shall conform to Item P-610 of the specifications. Construction Methods 108-3.1 GENERAL. The Contractor shall install the specified cable at the approximate locations indicated in the airport lighting layout plans. The Engineer shall indicate specific locations. Cable connections between lights will be permitted only at the light locations for connecting the underground cable to the primary leads of the individual insulating transformers. The Contractor shall be responsible for providing cable in continuous lengths for home runs or other long cable runs without connections, unless otherwise authorized in writing by the Engineer or shown in the plans. 108-3.2 INSTALLATION IN DUCT OR CONDUIT. This item includes the installa- tion of the cable in duct or conduit as described below. The maximum number and voltage ratings of cables installed in each single duct or conduit, and the current -carrying capacity of each cable shall be in accordance with the latest National Electric Code, or the code of the local agency having jurisdiction. The Contractor shall make no connections or joints of any kind in cables installed in conduits or ducts. The Contractor shall make sure that each duct is open, continuous, and clear of debris before installing cable. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation, or damage to the outer protective covering. The ends of all cables shall be sealed with moisture -seal tape before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a duct under the same contract, all cable shall be pulled in the duct at the same time. The pulling of a cable through ducts or conduits may be accomplished by handwinch or power winch with the use of cable grips or pulling eyes. Pulling tensions should be governed by recommended standard practices for straight pulls or bends. A lubricant recommended for the type of cable being installed shall be used where pulling lubricant is required. Duct, cable, or splice markers temporarily removed for excavations shall be replaced as required. L-108-3 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE 108-3.3 TRENCHING. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Road patrols or graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Cable trenches shall be excavated to a minimum depth of 18 inches below finished grade. The Contractor shall excavate all cable trenches to a width not less than 6 inches, except 4 inches width will be allowed for trenches containing only one insulated conductor and counterpoise. The trench shall be widened where two or more cables are to be installed parallel in the same trench. Unless otherwise specified in the plans, all cables in the same location and running in the same general direction shall be installed in the same trench. When rock excavation is encountered, the rock shall be at least 3 inches below the required cable depth and with bedding material of earth or sand containing particles that would be retained on a k inch sieve. ascertain the type of soil or rock to be excavated excavation shall be unclassified. removed to a depth of it shall be replaced no mineral aggregate The Contractor shall before bidding. All 108-3.4 INSTALLATION IN TRENCHES. The Contractor shall not use a cable plow for installing the cable. Mechanical cable -laying equipment may be used in conjunction with a trenching machine; and it should provide for physical inspection of cable prior to backfilling. Sharp bends or kinks in the cable shall not be permitted. A string line shall be used as a guide for trenching of straight ditches. A divergence greater than 6" from this line will not be acceptable. Cables shall be unreeled in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable shall not be unreeled and pulled into the trench from one end. Backfilling from two directions will not be allowed. Where two or more cables are laid parallel in the same trench, they shall be placed laterally a minimum distance of 3 inches apart, and the trench shall be widened sufficiently to accomplish this. Cables crossing over each other shall have a minimum of 3 inch vertical displacement with the topmost cable depth at or below the minimum required depth below finished grade. Not less than 1 foot of cable slack shall be left on each side of all connections, insulating transformers, light units, and at all other points where cable is connected to field equipment. The slack cable shall be placed in the trench in a series of S curves. Additional slack cable shall be left in handholes, manholes, etc., where it is required to bring the cable above ground level to make connections. The amount of slack cable shall be stipulated by the Engineer, as shown in the plans. L-108-4 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE 108-3.5 BACEFILLING. No backfilling will be accomplished without the approval of the Engineer. The Inspector will coordinate with the Contractor for advance scheduling of trench inspection. After the cable has been installed, the trench shall be filled with material 4 inches deep, loose measurement, and shall be either earth or sand containing no mineral aggregate particles that would be retained on a N inch sieve. This layer shall not be compacted. The second layer shall be 5 inches deep, loose measurement, and shall contain no particles that would be retained on a 1 inch sieve. The remainder of the backfill shall be excavated or imported mineral and shall not contain stone or aggregate larger than 4 inches maximum diameter, Trenches shall not be excessively vet and shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and rounded. The trench shall be level with the adjacent undisturbed earth after settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. 108-3,6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction, and other work shall be restored to its original condition. The restoration shall include any necessary topsoiling, fertilizing, liming, seeding, sodding, sprigging or mulching. The contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. 108-3.7 CABLE MARKERS. The location of light circuits shall be marked by ' a concrete slab marker, 2 feet square and 4 inches thick, extending approxi- mately 1 inch above the surface. Each cable run from the line of lights to the equipment vault shall also be marked at approximately every 200 feet along the cable run, with an additional marker at each change of direction of cable run. All other cable buried directly in the earth shall be marked in the same manner. Cable markers shall be installed immediately above the cable. The Contractor shall impress the word "CABLE" and directional arrows on each cable marking slab. The letters shall be approximately 4 inches high and 3 inches wide, with width of stroke M inch and k inch deep. ' The location of each underground cable connection, except at lighting units, test pits, or insulating transformers, shall be marked by a concrete marker slab placed above the connection. The Contractor shall impress the word "SPLICE" on each slab. He also shall impress additional circuit identifica- ' tion symbols on each slab if so desired by the Engineer. The location of the existing 16" steel duct encasement shall be marked by a concrete marker slab placed above the duct. The Contractor shall impress the word "DUCT" on the slab. 108-3.8 SPLICING. Connections of the type shown in the plans shall be made by experienced personnel regularly engaged in this type of work and shall be made as follows: (a) Cast Splices. These shall be made by using crimp connectors for jointing conductors. Molds shall be assembled, and the compound shall be L-108-5 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE mixed and poured in accordance with manufacturer's instructions and to the satisfaction of the Engineer. (b) Field -Attached Plug -In Splices. These shall be assembled in accor- dance with manufacturer's instructions. These splices shall be made by plugging directly into mating connectors. In all cases the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 4 inch on each side of the joint. (c) Factory -Molded Plug -In Splices. These shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 14 inches on each side of the joint. 108-3.9 BARE COUNTERPOISE WIRE INSTALLATION AND GROUNDING FOR LIGHTNING PROTECTION. A stranded bare copper wire, No. 8 AWG minimum size, shall be installed for lightning protection of the underground cables. The bare counterpoise wire shall be installed in the same trench for the entire length of the insulated cables it is designed to protect, and shall be placed at a distance of approximately 4 inches from the insulated cable. The counterpoise wire shall be securely attached to each light fixture base, or mounting stake. The counterpoise wire shall also be securely attached to copper or copper -clad ground rods installed not more than 1,000 feet apart around the entire circuit. The ground rods shall be of the length and diameter specified in the plans, but in no case shall they be less than 8 feet long nor less than 5/8 inch in diameter. The counterpoise system shall terminate at the ground bus in the vault. 108-3.10 TESTING. The Contractor shall furnish all necessary equipment and appliances for testing the underground cable circuits after installation. As a minimum the Contractor shall test and demonstrate to the satisfaction of the Engineer the following: (a) That all lighting power and control circuits are continuous and free from short circuits. (b) That all circuits are free. from unspecified grounds. (c) That the insulation resistance to ground of all nongrounded series circuits is not less than 50 megohms as measured with a 1,000 volt Megger. (d) That all circuits are properly connected in accordance with applicable wiring diagrams. (e) That all circuits are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than one-half hour. The Contractor shall perform additional tests if required and requested by the Engineer at no additional cost. L-108-6 I ITEM L-108 INSTALLATION OF UNDERGROUND CABLE Method of Measurement 108-4.1 The quantity of trench to be paid for shall be the linear feet of ' trench, including the excavation, backfill, and reconditioning, completed, measured as excavated, and accepted as satisfactory. All trenching will be measured by linear feet, regardless of depth or width of the trench. ' 108-4.2 The footage of cable or counterpoise wire installed in trench to be paid for shall be the number of linear feet of cable or counterpoise wire installed in trenches measured in place, completed, ready for operation, and ' accepted as satisfactory. Separate measurement shall be made for each cable or counterpoise wire installed in trench. 108-4.3 The quantity of cable markers to be paid for shall be the number of markers installed and accepted, correctly marked. ' 108-4.4 The footage of cable or counterpoise wire installed in duct or conduit to be paid for shall be the number of linear feet measured in place, completed, ready for operation, and accepted as satisfactory. Separate measurement shall be made for each cable or counterpoise wire installed in duct or conduit. Basis of Payment ' 01 8-5.1 Payment will be made at the contract unit price for trenching, cable, and bare counterpoise wire installed in trench, or duct or conduit, and cable markers installed by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. ' Payment will be made under: ' • Item L -108-5.1a Cable Trench --per linear foot. Item L -108-5.1b L -824C, No. 8 AWG, 5KV Cable, installed in trench --per linear foot. Item L -108-5.1c L -824C, No. 8 AWG, 5KV Cable, installed in duct or conduit --per linear foot. ' Item L -108-5.1d Bare Counterpoise, No. 8 AWG, installed in trench --per linear foot. Item L-108-5.le Bare Counterpoise, No. 8 AWG, installed in duct or conduit --per linear foot. ' Item L -108-5.1f Cable Marker --per each. L-108-7 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE FM Specifications Referenced in Item L-108 Number Title AC 150/5345-7D Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits. AC 150/5345-26B Specification for L-823 Plug and Receptacle Cable Connectors. Federal Specifications Referenced in Item L-108 Number Title HH-I-595 Insulation Tape, Electrical, Pressure -Sensitive Adhesive, Plastic, for Low -Temperature Application. ASTM Specifications Referenced in Item L-108 Number Title B-3 Soft or Annealed Copper Wire. B-8 Concentric -Lay -Stranded Copper Conductor, Hard, Medium -Hard, or Soft. Military Specifications Referenced in Item L-108 Number Time MIL -I-3825 Insulation Tape, Electrical, Self -Fusing, For Use in Electronics, Communications, and Allied Equipment. MIL -I-7798 Insulation Tape, Electrical, Pressure -Sensitive Adhesive, Plastic. ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Description 125-1.1 This item shall consist of an airport signing system furnished and installed in accordance with this specification, the referenced specifications, and applicable advisory circulars. The system shall be installed as shown in the plans and in accordance with the dimensions, design, and details shown in the plans. This item shall include the furnishing of all equipment, materials, services, and incidentals necessary to place the system in operation as a completed unit to the satisfaction of the engineer. Equipment and Materials 4Fa'.l_ A:7.`ill (a) Airport lighting equipment and materials covered by FAA specifications shall have the prior approval of the Federal Aviation Administration, Airports Service Washington, D. C. 20591, and shall be listed in Advisory Circular 150/5345 -IT, Approved Airport Lighting Equipment. (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through the manufacturer's certification of compliance with the applicable specifications. (c) Lists of the equipment and materials required for a particular system are contained in the applicable advisory circulars. 125-2.2 TAXIWAY SIGNS, Taxiway signs shall conform to Advisory Circular 150/5345-44D. 125-2.3 TAPE. Rubber and plastic electrical tapes shall be Scotch Electrical Tape Numbers 23 and 88, respectively, as manufactured by the Minnesota Mining and Manufacturing Company, or an approved equal. 125-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Fed. Spec. WW -C-581. 125-2.5 SQUEEZE CONNECTORS. Squeeze connectors, if specified, shall be equal to Crouse -Hinds Company, type CGB cable connector with neoprene rubber bushing. 125-2.6 ISOLATION TRANSFORMERS. Isolation transformers shall be Type L-830 and have a wattage rating suitable for the wattage of the fixture lamp. The transformer shall be listed in FAA Advisory Circular 150/5345-47. L-125-1 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Construction Methods 125-3.1 GENERAL. The installation and testing details for the lighting system shall be as specified in the applicable advisory circulars. 125-3.2 TAXIWAY SIGN INSTALLATION. Install the stake in a 6" diameter hole at a depth of 30" as shown in the Plans. Do not install by driving. Bury the transformer and transformer primary connector as shown in the Plans. Do not attach the 5KV cable connectors to the stake. The radius of the cable bends should not be less than 10". After making the electrical connection, backfill around the stake with thoroughly compacted earth passing a 1" sieve. Install the top of the stake %" above finished grade and maintain within 10 of vertical. Install and align the sign as shown on the Plans. Method of Measurement 115-4J. The quantity of taxiway signs to be paid for under this item shall be the number of signs installed as completed units in place, ready for operation, and accepted by the engineer. Basis of Payment 125-5.1 Payment will be made at the contract unit price for each complete taxiway sign (including isolation transformer, stake connectors and connections) installed in place by the contractor and accepted by the engineer. This price shall be full compensation for furnishing all materials, including splice kits and splice markers as required, and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L -125-5.1a Taxiway Sign, Type L -858Y, Size 1, 1 Panel/ Single Face -- per Each. Item L -125-5.1b Taxiway Sign, type L -858R, Size 1, 1 Panel/ Single Face -- per Each. Item L -125-5.1c Taxiway Sign, Type L -858R, Size 1, 2 Panel/ Single Face -- per Each. Item L -125-5.1d Taxiway Sign, Type L -858Y, Size 1, 3 Panel/ Single Face -- per Each. L-125-2 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Federal Specifications Referenced in Item L-125 Number Title WW -C-581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc -Coated. FAA Specifications Referenced in Item L-125 AC 150/5345-44D Specification for Taxiway and Runway Signs L-125-3 I ' ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON Description 130-1.1 This item shall consist of the removal of the existing beacon from ' the mounting platform and the reinstallation of a beacon of the same type that has been rehabilitated in accordance with these specifications. This item shall also include electrical service and radio control for the beacon. ' The old beacon shall become the property of the contractor. The work shall include the mounting, leveling, wiring, servicing, and testing of the beacon and all materials, mounting accessories, and ' incidentals necessary to place the beacon in operating condition as a completed unit to the satisfaction of the Engineer. The airport shall not be without a serviceable beacon for a period exceeding 24 hours. ' Materials 130-2.1 Materials used in the work to be done under this item shall be of the highest commercial quality available. Methods ' 130-3.1 GLASSWARE. The contractor shall remove all glassware, clean, polish, and reinstall with new sealant. Any broken lens segments shall be replaced. ' 130-3.2 MOTOR. The contractor shall remove the motor from the beacon and clean, dip, and bake in accordance with recognized industry practice. Bearings shall be replaced and properly lubricated prior to final assembly. The contractor shall completely check the motor and shall run it not less than 15 minutes prior to installing in the beacon. 130-3.3 GEARS. The contractor shall replace both the ring gear and pinion gear and properly lubricate. 130-3.4 ELECTRICAL. The contractor shall resurface slip rings, replace brushes, and brush springs and check and replace any wiring and other electrical parts which shown signs of wear or aging. All wiring which has been exposed to high temperature operation shall be replaced. 130-3.5 BEARINGS. All rotating bearings shall be replaced and properly lubricated. ' 130-3.6 LAMP CHANGER. The lamp changer shall be removed and replaced with a 400 watt metal halide modification kit as approved by the FAA. Such modification kit shall include a replacement green bull's-eye lens to ' provide for the proper color correction. 130-3,7 FINISH. The contractor shall remove all scaling paint, prime as necessary and repaint with two coats of International Orange paint. Paint ' shall be thinned and applied as recommended by the manufacturer. L-130-1 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON 130-3.8 LAMP FOCUSING. The contractor shall focus the beacon beam by adjusting the position of the lamp such that the centers of the two opposite light beams are 180 degrees apart. The lamp shall be positioned such that a well defined light beam is produced in each direction. 130-3.9 AIMING. The center of the beacon beam shall be set initially at a vertical angle of 3 degrees above the horizontal. Final adjustment of the vertical angle shall be made after reinstallation on the mounting platform. The initial vertical angle setting shall be verified using equipment having, as a minimum, the capability for measuring the angle to the nearest 15 minutes of arc. 130-3.10 REINSTALLING ON MOUNTING PLATFORM. The contractor shall properly reinstall the beacon on the mounting platform, level the beacon, complete electrical connections and make any final adjustments, including vertical angle, as may be required. Testing 130-4.1 The contractor shall operate the completed beacon for a period of not less than 24 hours prior to reinstalling on the mounting platform. Any corrections required as a result of this "run-in" period shall be made and the 24 -hour test period repeated as necessary. 130-4.2 TESTING AND INSPECTION. All tests on equipment shall be made in the presence of the Engineer and they must be to his satisfaction. All test equipment shall be furnished by the Contractor. 130-4.2.1 Securing Check. Determine that all equipment securing screws and bolts have been tightened. 130-4.2.2 Primary. Secondary, and Control Circuits. Test the primary, secondary, and control circuits for continuity and insulation resistance to ground. Use a 500 -volt megger for the insulation resistance test. A circuit insulation resistance to ground of at least 50 megohms is acceptable. 130-4.2.3 Cables. Wire, and Splices. Check cables, wiring, and splices to obtain assurance that the installation is in accordance with the Item L-108. 130-4.2.4 Beacon Fuses. Check all beacon fuses and circuit breakers to determine if they are of the proper rating. 130-4.2.5 Lamp Voltage. Check the voltage to the beacon lamp to determine that the voltage is within ten percent of the rated lamp voltage. 130-4.2.6 Beacon Rotation. Check the rotation of the beacon to determine that the rotation is within 6 RPM ± 1/2 RPM. 130-4.2.7 Lamp Focus and Beam Elevation. Check the beacon light beam to determine if the lamp is in focus and if the beam elevation is correct. If L-130-2 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON it is found that the lamp focus or the beam elevation is incorrect, follow the procedures specified below in making adjustments. (a) Focusing. Normally, all beacons received from the factory are properly focused. No focusing shall be attempted in the field unless it is definitely determined the lamp is out of focus. When refocusing is necessary, it shall be accomplished only by qualified personnel and in conformance with the manufacturer's instructions. (b) Beam Elevation. Final beam elevation check shall be made by flight observation. The beacon shall be observed at various altitudes above some point whose distance from the beacon is known and the altitude of the center of the light beam noted (highest relative intensity signal). The beam elevation shall be corrected so that the center of the beam is at the altitude commonly used by approaching aircraft. The Contractor shall adjust the beam if so instructed by the Engineer. 130-5.1 ELECTRICAL SERVICE FOR ROTATING BEACON. The contractor shall install all equipment as shown on the plans and specified herein to provide a complete and operable system. This item includes reconnecting the abandoned service; service entrance panel; beacon control panel with L854 radio equipment, 20 amp single pole contractor, receptacle, H.O.A. switch and photo -electric cell; conduit; wire; junction boxes. 130-5.2 PANEL BOARDS AND BREAKERS. Panel boards and breakers shall conform to the requirements of Federal Specification W -P-115. 130-5.3 WEATHERPROOF CABINETS. The weatherproof cabinets shall conform to National Electrical Manufacturers Association standards and shall be constructed of steel not less than No. 16 USS gauge. 130-5.4 WIRE. Wire in conduit rated up to 5,000 volts shall conform to Advisory Circular 150/5345-7D, Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits for rubber insulated neoprene covered wire, or Federal Specification J -C-30, Type RHW, for rubber insulated fibrous covered wire. For ratings up to 600 volts, the thermoplastic wire conforming to Federal Specification J -C-30, Types TV, TRW, and THWN, shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. 130-6.1 RADIO CONTROL SYSTEM. 130-6.1.1 Classification. The radio control system, to be used for remote control of the rotating beacon includes an FM radio receiver, a Style B decoder, antenna, and necessary output relays. The system shall conform to the requirements of Advisory Circular 150/5345- 49A for L-854, Radio Control Equipment, Type II. 130-6.2 APPLICABLE DOCUMENTS. L-130-3 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON 130-6.2.1. Federal Communications Commission (FCC) Rules and Regulations, - Part 15 Radio Frequency Devices Part 89 Public Safety Radio Service 130-6.3.1 General. - The radio control system shall be complete in accordance with all specifications requirements and shall include the basic components as listed in paragraph 1, CLASSIFICATION. Each set of equipment shall be tuned and adjusted for operation at the frequency to match existing radio control equipment. 130-6.3.2 Environmental Conditions. - The equipment shall be designed and constructed to operate in the following outdoor environmental conditions: (a) Temperature. Temperature range of -55° C. to +55° C. (b) Humidity. Relative humidity up to 100%. (c) Wind. Wind speeds up to 100 mph. (d) Precipatation. Exposure to rain, hail, snow, or sleet. 130-6.3.3 Operating Requirements. - The radio control equipment will be used to control the rotating beacon in the following manner: The ground to ground system is intended for operating the rotating beacon from either the airport control tower or the flight service station when the selector switch is in the "Auto" position, the decoder shall accept two address codes from the existing control stations to turn the beacon "On" and "Off". Radio control will override photoelectric control. 130-6.3.4.1 General. - The equipment shall be type accepted in accordance with Federal Communications Commission (FCC) Rules and Regulations; Part 15 for a receiver, and Part 89 for a transmitter. 130-6.3.4.2 Power Input. - The equipment shall be designed to operate from 120 VAC, ±15%, 60 Hz. Power for the decoder may be taken from the associated receiver. 130-6.3.4.3 Receiver. - The receiver shall conform to the following requirements: (a) Tyne. Fixed frequency superheterodynes, frequency modulated. (b) Frequency. Shall match existing equipment. Frequency tolerance shall be 0.003%. L-130-4 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON (c) Sensitivity. For FM, 5 microvolts or less for 20 dB of quieting. A sensitivity adjustment shall be provided. (d) Selectivity. Bandwidth of not less than ±9.0 kHz from the assigned frequency at 6 dB attenuation and a bandwidth of not more than ±40 kHz from the assigned frequency at 60 dB attenuation. Spurious signals shall be not less than 50 dB below the desired signal. (e) Fidelity. Output uniform within t2 dB from 300 Hz to 2450 Hz. ' (f) Antenna Impedance. Nominal 50 hms unbalanced. (g) Output. For an FM receiver, audio output of zero dBm or more into a 600 ohm load with signal input of 5 microvolts having deviation of 1.2 kHz at 1000 Hz. ' 130-6.3.4.4 Decoder. 130-6.3.4.4.1 General. - The Style B decoder detects a series of 3 tone ' burst characters per control function or address. The decoders shall not respond to signal elements of less than 50 milliseconds and shall not require signal elements of more than 100 milliseconds. 130-6,3.4.4.1.1 Output Relays - Output relays shall be the plug-in type • having latching form C contacts rated at 2 amps, 250 VAC, resistive and shall have a mechanical life of 100,000 cycles or more. ' 130-6.3.4,4.1.2 Output Terminals - Output terminals shall be a screw -type barrier terminal strip rated not less than 250 VAC. ' 130-6.3.4,4,1.3 Input Terminals. - Since the decoder is installed in .an enclosure with a receiver, input terminals are not required. ' 130-6.3.4.4.2 Style B Decoder. - The basic Style S decoder shall recognize 8 .discrete addresses. Each address shall cause a relay to open. 130-6.3.4.5 Mean Time Between Failure (MTBF). The receiver and decoder shall be designed and constructed to provide 10,000 hours MTBF. 130-6.3.4.6 Materials and Workmanship. - Materials and workmanship shall be in accordance with the highest grade commercial quality and practices for equipment of this type. 130-6.3.4.7 Nameplate. - Each piece of equipment shall have a permanently attached nameplate having at least the following information: ' (a) Identification - Radio Control Equipment Type FAA L-854. (b) Unit (Receiver/Decoder). (c) Input voltage. L-130-5 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON (d) Frequency range, (e) Manufacturer's name or trademark. (f) In addition to the manufacturers nameplate, the contractor shall supply two engraved nameplates, black letters on white background, for mounting on the radio control equipment in the Airport Control Tower and the Flight Service Station control room. The name plates shall bear the following legend with 1/8" minimum letter height: RADIO CONTROL CODES LOCATION ADDRESS ¢ MESSAGE Leta TAXIWAY 100 0 1 LOW 2 MEDIUM 3 HIGH 4 OFF RUNWAY 200 0 1 LOW 2 MEDIUM 3 HIGH 4 OFF RUNWAY & TAXIWAY 100 OR 200 8 1 LOW 2 MEDIUM 3 HIGH 4 OFF BEACON 300 0 1 ON 2 OFF AFTER SETTING DESIRED ADDRESS, SET, AND MESSAGE. PRESS CONTROL A AND SEND SIMULTANEOUSLY. 130-6.3.4.8 Intruction Book. An instruction book containing the following information shall be furnished with the system: (a) Complete schematic and wiring diagrams shoving all components cross indexed to the part list. (b) Complete part list with applicable rating and characteristics of each part and with manufacturer's part number. (c) Installation instructions. (d) Maintenance instructions. (a) Troubleshooting charts. (f) Theory of operation. L-130-6 ITEM L-130 REHABILITATION OF 36 -INCH ROTATING BEACON Method of Measurement 130-7,1. The quantity to be paid for under this item shall be the number of beacons rehabilitated and installed as completed units in place, operating and accepted. Measurements for the complete and operational electrical services and control for the rotating beacon shall be on a lump sum basis. Basis of Payment 130-8.1 Payment shall be made at the contract unit price for each completed and accepted rehabilitated 36" rotating beacon. The price shall be full compensation for furnishing all materials; for all preparation, assembly and installation of these materials; and for labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made at the contract lump sum price bid for electrical service and control for the beacon completed and accepted. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete these items. Payment will be made under: Item L -130-8.1a Rehabilitation of 36" Rotating Beacon, in place -- per each. Item L -130-8.1b Electrical Service and Control for the Rotating Beacon -- per lump sum. FAA Specifications Referenced in Item L-130 •„„• AC 150/5345-49A Specification for L-854, Radio Control Equipment. L-130-7 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE Description 610-1.1 This item shall consist of either plain or reinforced structural portland cement concrete, prepared and constructed in accordance with these specifications, at the locations and of the form and dimensions shown on the plans. The concrete shall be composed of coarse aggregate, fine aggregate, portland cement, and water. Materials 610-2.1 GENERAL. Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress of their preparation or use. The source of supply of each of the materials shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the Contractor, when required, for examination and test. Materials shall be stored and handled to insure the preservation of their quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein. In no. case shall the use of pit -run or permitted. Naturally mixed aggregate shall fine and coarse aggregates shall be stored mixing of different kinds of aggregates storage pile or alternating batches of dl permitted. naturally mixed aggregates be be screened and washed, and all separately and kept clean. The from different sources in one fferent aggregates will not be 610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall meet the requirements of AASHTO N 80. The percentage of wear shall be not more than 45 at 500 revolutions as determined by AASHTO T 96. Coarse aggregate shall be well graded from coarse to fine and shall meet one of the gradations shown in Table l,. using AASHTO T 27. 610-2.3 FINE AGGREGATE. The fine aggregate for concrete shall meet the requirements of AASHTO M 6. The fine aggregate shall be well graded from fine to coarse and shall meet the following grading requirements, when tested in accordance with AASHTO T 27: P-610-1 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE TABLE 1. REQUIREMENTS FOR GRADATION OF COARSE AGGREGATE Sieve Designation (square openings) 2" 1h" Percentage 1" by Weight 3/4" Passing 1/2" Sieves 3/8" No. 4 No. 4 to 3/4 inch ------ ------ 100 90-100 ------ 20-55 0-10 No. 4 to 1 inch ------ 100 90-100 ----- 25-60 ------ 0-10 No. 4 to 14 inch 100 95-100 ------ 35-70 ------ 10-30 0-5 TABLE 2. REQUIREMENTS FOR GRADATION OF FINE AGGREGATE Sieve Designation (square openings) 3/8 inch No. 4 No. 16 No. 30 No. 50 No. 100 Percentage by Weight Passina Sieves 100 95-100 45--80 25--55 10--30 2--10 Blending will be permitted, if necessary, in order to meet the gradation requirements for fine aggregate. Fine aggregate deficient in the percentage of material passing the No. 50 mesh sieve may be accepted, provided that such deficiency does not exceed 5 percent and is remedied by the addition of pozzolanic or cementitious materials other than portland cement, as specified in 610-2.6 on admixtures, in sufficient quantity to produce the required workability as approved by the Engineer. 610-2.4 CEMENT. Cement shall be portland cement conforming to the requirements of the type specified: (a) Portland cement ------------------------------------AASHTO M 85 (b) Air -entraining Portland cement ---------------------AASHTO H 134 (c) Portland blast -furnace slag cement-----------------AASHTO M 151 (d) Air -entraining portland blast furnace slag cement--AASHTO H 151 The Contractor shall furnish vendors' certified test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 610-2.5 WATER. The water used in concrete shall be free from sewage, oil, acid, strong alkalies, vegetable matter, and clay and loam. If the water is of questionable quality, it shall be tested in accordance with AASHTO T 26. 610-2.6 ADMIXTURES. The use of any material added to the concrete mix I I I I I II P-610-2 II ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE shall be approved by the Engineer. Before approval of any material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall be made of samples taken by the Engineer from the supply of the material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Pozzolanic admixtures shall be fly ash meeting the requirements of ASTM C 350 or raw or calcined natural pozzolans meeting the requirements of ASTM C 402, Air -entraining admixtures shall meet the requirements of AASHTO M 154. Air - entraining admixtures shall be added at the mixer in the amount necessary to produce the specified air content. Water -reducing, set -controlling admixtures shall meet the requirements of ASTN C 494, Type A, water -reducing or Type D, water -reducing and retarding. Water- reducing admixtures shall be added at the mixer separately from air -entraining admixtures in accordance with the manufacturer's printed instructions. 610-2.7 PREMOLDED JOINT MATERIAL. Premolded joint material for expansion joints shall meet the requirements of one of the following: AASHTO N 33, N 90, M 153, or N 213. 610-2.8 JOINT FILLER. The filler for joints shall meet the requirements of AASHTO N 18, Grade A or B, or Item P-605, unless otherwise specified in the proposal. 610-2.9 STEEL REINFORCEMENT. Concrete reinforcing shall consist of deformed bars of either structural, intermediate, or hard grade billet steel meeting AASHTO M 31; deformed bars of rail steel meeting AASHTO M 42; or welded wire fabric meeting AASHTO M 55. To qualify as deformed, bars shall conform to the requirements of AASHTO M 137. 610-2.10 CALCIUM CHLORIDE. When calcium chloride is permitted by the Engineer in the concrete as an accelerator, it shall meet the requirements of AASHTO N 144. 610-2.11 COVER MATERIALS FOR CURING. Curing materials shall conform to one of the following specifications: (a) Cotton Mats for Curing Concrete -----------------AASHTO N 73 (b) Waterproof Paper for Curing Concrete ------------AASHTO N 139 (c) Polyethylene Sheeting for Curing Concrete -------AASHTO N 171 (d) Burlap Cloth made from Jute or Kenaf ------------AASHTO M 182 P-610-3 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE (e) Liquid, Membrane -Forming Compounds for Curing Concrete (Type 2)-----------------------------AASHTO M 148 Construction Methods 610-3.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. The Contractor shall employ, at all times, a sufficient force of workmen of such experience and ability that the work can be prosecuted in a satisfactory and workmanlike manner. 610-3.2 CONCRETE PROPORTIONS. The concrete shall have a minimum compressive strength of 3,500 psi at 28 days and consist of a mixture of coarse aggregate, fine aggregate, portland cement, and water. All aggregates and bulk cement shall be measured by weight. In proportioning aggregates and mixing water, compensation shall be made for the weight of moisture in the aggregates, and this shall be determined periodically. Concrete Proportions (Materials for One Cubic Yard of Concrete) Net Cement Water Weights in pounds Type Of Content Content Dry Aaareaate Slump Coarse (min. (max. Fine Total Range Aggregate bags) gallons) Aggregate Aggregate (inches) Gravel 6 35 1070-1190 3210 2-5 Crushed Stone 6 38 1220-1360 3200 2-5 Slag 6 38 1330-1470 2930 2-5 The proportions in the above table are based on the use of well -graded aggregates. If it is impossible with the aggregates selected to prepare concrete of the proper consistency without exceeding the maximum net water content specified, the total weight of aggregate shall be reduced by the Engineer until concrete of the proper consistency is obtained without exceeding the maximum net water content specified. However, the Contractor shall not be compensated for any additional cement which may be required by such adjustment. The weights specified in the above table were calculated for aggregates of the following bulk specific gravities: Natural sand and gravel, 2.65; crushed stone, 2.70; slag 2.30. For aggregates of specific gravities u I II P-610-4 II ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE differing more than ±0.02 from those given above, the weights given in the tables shall be corrected. The quantities shown for cement and water shall control, and the weights of aggregates shall be varied to secure the proper yield based on absolute volumes. When a special mix requiring a reduction in the amount of water is desired, the quantities of aggregate shall be increased to maintain the specified yield. Yield test, made in accordance with sp made by the Engineer for the purpose of cubic yard of concrete. If at any time less than that specified per cubic yard, until the amount of cement per cubic requirements. ecification AASHTO T 121, shall be determining the cement content per such cement content is found to be the batch weights shall be reduced yard of concrete conforms to the The net mixing water shall be adjusted for the moisture contained in the aggregates, and for the moisture which they will absorb, in order to determine the amount of water to be added at the mixer. The absorption of the fine and coarse aggregates shall be determined by AASHTO T 84 and T 85. When an air -entraining agent or air -entraining portland cement is used, there will be a bulking of the mortar of the concrete due to the amount.of entrained air. To keep the cement factor specified at the correct amount, the weight of the fine aggregate shall be reduced, as directed by the Engineer. The reduction in the fine aggregate shall be determined by yield tests as specified. Under average conditions the reduction of the sand should be about 3 percent of the total weight of the fine and coarse aggregate. The air content of the concrete shall be between 3 and 6 percent, by volume. The air content by volume shall be based on measurements made on concrete immediately after discharge from the mixer in accordance with AASHTO T 121 or T 152. 610-3.3 CONTROL TESTS. When directed by the Engineer, the Contractor shall make test cylinders or beams from the concrete as mixed for the work as herein specified. Concrete cylindrical test specimens shall be made in accordance with AASHTO T 23 and beam specimens shall be made in accordance with AASHTO T 97. The Contractor shall cure and store the test specimens under such conditions as directed. The Engineer will make the actual tests on the specimens at no expense to the Contractor. 610-3.4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be approved by the Engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. P-610-5 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE 610-3.5 CONSISTENCY. The consistency of the concrete shall be checked by the slump test specified in AASMTO T 119. 610-3.6 MIRING. Concrete may be mixed at the construction site, at a central point, or wholly or in part in truck mixers. Whichever mixing process is used, concrete of the specified proportions and consistency shall be produced. 610-3,7 MIXING CONDITIONS. The concrete shall be mixed only in quantities required for immediate use. Concrete shall not be mixed while the air temperature is below 40°F. without permission of the Engineer. If permission is granted for mixing under such conditions, aggregates or water, or both, shall be heated and the concrete shall be placed at a temperature not less than 50°F. nor more than 100°F, The Contractor shall be held responsible for any defective work, resulting from freezing or injury in any manner during placing and curing, and shall replace such work at his expense. Retempering of concrete by adding water or any other material shall not be permitted. The delivery of concrete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals. 610-3.8 FORMS. Concrete shall not be placed until all the forms and reinforcements have been inspected and approved by the Engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall bear responsibility for their adequacy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. The internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstraining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be constructed so that they, can be removed without injuring the concrete or concrete surface. The forms. shall not be removed without injuring the concrete or concrete surface. The forms shall not be removed before the expiration of at least 30 hours from vertical faces, walls, slender columns, and similar structures; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at least 60 percent of the design strength of the concrete has developed. 610-3.9 PLACING REINFORCEMENT. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position during concreting. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. Shop drawings, lists, and bending details shall be supplied by the Contractor when P-610-6 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE required. 610-3.10 EMBEDDED ITEMS. Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 610-3.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise approved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than 1 hour after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a distance of more than 5 feet, or depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into corners and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie, a closed bottom dump bucket, or other approved method and shall not be disturbed after being deposited. 610-3.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended, necessary provisions shall be made for joining future work before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by a heavy steel broom, roughened slightly, wetted, and covered with a neat coating of cement paste or grout. 610-3.13 EXPANSION JOINTS. Expansion joints points and of such dimensions as may be indica molded filler shall be cut to the same shape joined. The filler shall be fixed firmly concrete already in place in such manner that concrete is deposited against it. shall be constructed at such ted on the drawings. The Are- as that of the surfaces being against the surface of the it will not be displaced when 610-3.14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions P-610-7 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 610-3.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the finished top surface at the proper elevation and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand -cement mortar be spread over the concrete during the finishing of horizontal plane surfaces. When directed, the surface finish of exposed concrete shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all irregularities are removed. If the concrete has hardened before being rubbed, a carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. 610-3.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Contractor. The work shall be protected from the elements, flowing water, and from defacement of any nature during the building operations. The concrete shall be cured as soon as it has sufficiently hardened by covering with an approved material. Water -absorptive coverings shall be thoroughly saturated when placed and kept saturated for a period of at least 3 days. All curing mats or blankets shall be sufficiently weighted or tied down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on concrete surfaces for 7 days after the concrete has been placed. 610-3.17 DRAINS OR DUCTS. Drainage pipes, conduits, and ducts that are to be encased in concrete shall be installed by the Contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 610-3.18 COLD WEATHER PROTECTION. When concrete is placed at temperatures below 40•F., the Contractor shall provide satisfactory methods and means to protect the mix from injury by freezing. The aggregates, or water, or both, shall be heated in order to place the concrete at temperatures between 50• and 100°F. Calcium chloride may be incorporated in the mixing water when directed by the Engineer. Not more than 2 pounds of Type 1 nor more than 1.6 pounds of Type 2 shall be added per bag of cement. After the concrete has been placed, the Contractor shall provide sufficient protection such as cover, canvas, framework, heating apparatus, etc., to enclose and protect the structure and maintain the temperature of the mix at not less than 500F. until at least 60 percent of the designed strength has been attained. 610-3.19 FILLING JOINTS. All joints which require filling shall be P-610-8 II I I I 11 ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE thoroughly cleaned, and any excess mortar or concrete shall be cut out with proper tools. Joint filling shall not be started until after final curing and shall be done only when the concrete is completely dry. The cleaning and filling shall be carefully done with proper equipment and in a manner to obtain a neat looking joint free from excess filler. Measurement and Payment ' 610-4.1 Structural concrete will not be measured for separate payment but will considered subsidiary to the items involved. ' TESTING AND MATERIAL REQUIREMENTS Test and short title Material and short title AASHTO T 27 --Gradation AASHTO M 80 --Aggregate AASHTO T 96 --Abrasion AASHTO M 6 --Aggregate ' AASHTO T 26 --Water AASHTO M 85 --Portland Cement AASHTO T 121 --Yield AASHTO M 134--Air-Entrained Portland Cement AASHTO T 84 --Absorption AASHTO M 151 --Slag Portland ' Cement Concrete AASHTO T 85 --Absorption ASTM C 350--Fly-Ash ' AASHTO T 152 --Air Content ASTM C 402--Pozzolans AASHTO T 23 --Cylinders AASHTO M 154--Air-Entrained Additives AASHTO T 97 --Beams ASTM C 494 --Retarder ' AASHTO T 119 --Slump AASHTO M 33 --Joint Material AASHTO M 90 --Joint Material ' AASHTO H 153 --Joint Material I I I AASHTO H 213 --Joint Material AASHTO H 18 --Joint Material AASHTO H 31 --Steel AASHTO M 42 --Steel AASHTO M 55 --Steel P-610-9 I ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE AASHTO M 137 --Steel AASHTO M 144 --Accelerator AASHTO M 73 --Cotton Mats AASHTO M 139 --Paper AASHTO M 171 --Polyethylene AASHTO M 182 --Burlap AASHTO M 148 --Membrane 1 1 1 1 1 P-610-10 ITEM P-620 RUNWAY AND TAXIWAY PAINTING 1. DESCRIPTION 1.1 This item shall consist of the painting of hold position lines on the surface of taxiways applied in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. 2. MATERIALS 2.1 PAINT. Paint shall meet the requirements of Federal Specification TT -P-85. 2.2 REFLECTIVE MEDIA. Glass spheres shall meet the requirements of Federal Specification TT -B-1325, Type III, gradation A. 3. CONSTRUCTION METHODS 3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry, when the atmospheric temperature is above 45 degrees F (7 degrees C), and when the weather is not foggy or windy. 3.2 EQUIPMENT. All equipment for the work shall be approved by the Engineer and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering. 3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. 3.4 LAYOUT OF MARKINGS. On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings shall be laid out in advance of the paint application. 3.5 APPLICATION. Markings shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and the condition of the surface have been approved by the Engineer. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate of 100 to 110 square feet per gallon. The addition of thinner will not be permitted. A P-620-1 ITEM P-620 RUNWAY AND TAXIWAY PAINTING period of 30 days shall elapse between placement of the bituminous surface course and application of the paint. The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass spheres shall be distributed to the surface of the marked areas immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass spheres. The spheres shall be applied at the rate of 10 pounds per gallon of paint. The Contractor shall furnish certified shipped to the project. The reports shall final acceptance. The Contractor shall nc a shipment of paint to the job site. returned to the paint storage area for containers shall not be removed from authorized by the Engineer. test reports for the materials not be interpreted as a basis for itify the Engineer upon arrival of All emptied containers shall be checking by the Engineer. The the airport or destroyed until 3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. 3.7 REMOVAL OF EXISTING PAVEMENT MARKING. Existing pavement markings shall be mechanically removed, as directed by the Engineer. The method used for removal of pavement markings shall be approved by the Engineer prior to beginning pavement marking removal operations. Measurement and Payment 4. METHOD OF MEASUREMENT 4.1 The quantity of taxiway hold position lines to be paid for shall be the number of square feet of pavement marking performed in accordance with the specifications and accepted by the Engineer. Glass beads for taxiway marking will not be measured for separate payment. Removal of existing pavement marking will not be measured for separate payment. 5. BASIS OF PAYMENT 5.1 Payment shall be made at the contract unit price per square foot for pavement marking. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentials necessary to complete the item. Payment will be made under: Item P-620-5.1 Pavement Marking - per square foot P-620-2 ITEM P-620 RUNWAY AND TAXIWAY PAINTING 6. MATERIAL REQUIREMENTS Federal Specification Paint, Traffic and Airfield Marking, Solvent Base TT -P-85 Federal Specification Beads (Glass Spheres) Retro-Reflective TT -B-1325 P-620-3 ITEM T-904 SODDING Description 904-1.1 This item shall consist of furnishing, hauling, and placing approved live sod on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the engineer. Materials 904-2.1 SOD. Sod furnished by the contractor shall have a good cover of living or growing grass. This shall be interpreted to include grass that is seasonally dormant during the cold or dry seasons and capable of renewing growth after the dormant period. All sod shall be obtained from areas where the soil is reasonably fertile and contains a high percentage of loamy topsoil. Sod shall be cut or stripped from living, thickly matted turf relatively free of weeds or other undesirable foreign plants, large stones, roots, or other materials which might be detrimental to the development of the sod or to future maintenance. At least 70% of the plants in the cut sod shall be composed of the species stated in the special provisions, and any vegetation more than 6 inches in height shall be mowed to a height of 3 inches or less before sod is lifted. Sod, including the soil containing the roots and the plant growth showing above, shall be cut uniformly to a thickness not less than that stated in the special provisions. 904-2.2 LIME. Lime shall be agricultural grade ground limestone or equivalent as approved by the Engineer. Lime shall be applied at the rate determined by the lime requirement test. 904-2.3 FERTILIZER. (a) Except as modified herein, the fertilizer shall contain minimum percentages of plant food by weight as follows: Available Nitrogen -12 percent Available Phosphoric Acid -12 percent Available Potash -12 percent Other fertilizers having 1-1-1 ratios, such as 8-8-8, 10-10-10, etc., may be used provided the equivalent quantity of plant food is supplied. (b) Fertilizer shall be applied at the rate of five hundred (500) pounds of 12-12-12 fertilizer per acre. (c) They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. (d) The fertilizers may be supplied in one (1) of the following forms: T-904-1 I ITEM T-904 SODDING , (1) A dry, free -flowing fertilizer suitable for application by I a common fertilizer spreader; (2) A finely -grounded fertilizer soluble in water, suitable for application by power sprayers, or (3) A granular or pellet form suitable for application by blower equipment. (e) Fertilizers shall meet the requirements of applicable State and Federal laws. I 904-2,4 WATER. The water shall be sufficiently free from oil, acid, alkali, salt, or other harmful materials that would inhibit the growth of grass. It shall be subject to the approval of the engineer prior to use. 904-2.5 SOIL FOR REPAIRS. The soil for fill and topsoil of areas to be ' repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the Engineer before being placed. Construction Methods - I 904-3.1 GENERAL. Areas to be solid, strip, or spot on the plans. Areas requiring special ground surface tilling and those areas in a satisfactory condition undisturbed shall also be shown on the plans. sodded shall be shown preparation such as which are to remain Suitable equipment necessary for proper preparation of the ground surface and for the handling and placing of all required materials shall be on hand, in good condition, and shall be approved by the engineer before the various operations are started, The contractor shall demonstrate to the engineer before starting the various operations that the application of required materials will be made at the specified rates. 904-3.2 PREPARING THE GROUND SURFACE. After grading of areas has been completed and before applying fertilizer and limestone, areas to be sodded shall be raked or otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and other debris which might interfere with sodding, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes occurs after grading of areas and before beginning the application of fertilizer and ground limestone, the contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. 0044-3 3 APPLYING FERTILIZER AND GROUND LIMESTONE. Following ground I I I I I I T-904-2 II ' ITEM T-904 SODDING ' surface preparation, fertilizer shall be uniformly spread at a rate which will provide not less than the minimum quantity of each fertilizer ingredient, as stated in 904-2.3. Ground limestone shall then be spread at ' a rate which will provide not less than the minimum quantity as determined by the lime requirement test. These materials shall be incorporated into the soil to a depth of not less than 2 inches by discing, raking, or other ' methods acceptable to the engineer. Any stones larger than 2 inches in any diameter, large clods, roots, and other litter brought to the surface by this operation shall be removed. 904-3.4 OBTAINING AND DELIVERING SOD. After inspection and approval of the source of sod by the engineer, the sod shall be cut with approved sod cutters to such a thickness that after it has been transported and placed on the prepared bed, but before it has been compacted, it shall have a uniform thickness of not less than 2 inches. Sod sections or strips shall be cut in uniform widths, not less than 10 inches, and in lengths of not less than 18 inches, but of such length as may be readily lifted without breaking, tearing, or loss of soil. Where strips are required, the sod must be rolled without damage with the grass folded inside. The contractor may be required to mow high grass before cutting sod. The sod shall be transplanted within 24 hours from the time it is stripped, unless circumstances beyond the contractor's control making storing necessary. In such cases, sod shall be stacked, kept moist, and protected from exposure to the air and sun and shall be kept from freezing. Sod shall be cut and moved only when the soil moisture conditions are such that favorable results can be expected. Where the soil is too dry, permission to cut sod may be granted only after it has been watered sufficiently to moisten the soil to the depth the sod is to be cut. 904-3.5 LAYING SOD. Sodding shall be performed only during the seasons when satisfactory results can be expected. Frozen sod shall not be used and sod shall not be placed upon frozen soil. Sod may be transplanted during periods of drought with the approval of the engineer, provided the sod bed is watered to moisten the soil to a depth of at least 4 inches immediately prior to laying the sod. The sod shall be moist and shall be placed on a moist earth bed. Pitch forks shall not be used to handle sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge to edge and with staggered joints, in rows at right angles to the slopes, commencing at the base of the area to be sodded and working upward. The sod shall immediately be pressed firmly into contact with the sod bed by tamping or rolling with approved equipment to provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Where the sod may be displaced during sodding operations, the workman when replacing it shall work from ladders or treaded planks to prevent further displacement. Screened soil of good quality shall be used to fill all cracks between sods. The quantity of the fill soil shall not cause smothering of the grass. Where the grades are such that the flow of water will be from paved surfaces across sodded areas, the surface T-904-3 I ITEM T-904 SODDING I of the soil in the sod after compaction shall be set approximately 1 inch below the pavement edge. Where the flow will be over the sodded areas and onto the paved surfaces around manholes and inlets, the surface of the soil in the sod after compaction shall be placed flush with pavement edges. , On slopes steeper than 1 vertical to 2-1/2 horizontal and in V-shaped or flat -bottom ditches or gutters, the sod shall be pegged with wooden pegs not less than 12 inches in length and have a cross-sectional area of not less than 3/4 -square inch. The pegs shall be driven flush with the surface of the sod. 904-3.6 WATERING. Adequate water and watering equipment must be on hand before sodding begins, and sod shall be kept moist until it has become established and its continued growth assured. In all cases, watering shall be done in a manner which will avoid erosion from the application of excessive quantities and will avoid damage to the finished surface. 904-3.7 ESTABLISHING TURF. (a) General. The contractor shall provide general care for the , sodded areas as soon as the sod has been laid and shall continue until final inspection and acceptance of the work. (b) Protection. All sodded areas shall be protected against traffic or other use by warning signs or barricades approved by the engineer. (c) Mowing. The contractor shall mow the sodded areas with approved mowing equipment, depending upon climatic and growth conditions and the needs for mowing specified areas. In the event that weeds or other undesirable vegetation are permitted to grow to such an extent that, either cut or uncut, they threaten to smother the sodded species, they shall be mowed and the clippings raked and removed from the area. 904-3,8 REPAIRING. When the surface has become gullied or otherwise damaged during the period covered by this contract, the affected areas shall be repaired to re-establish the grade and the condition of the soil, as directed by the engineer, and shall then be resodded as specified in ' 904-3.5. Measurement and Payment 904-4.1 Sodding will not be measured for separate payment. I T-904-4 I ITEM T-904 SODDING TESTING AND MATERIAL REQUIREMENTS Test and short title Material and short title None None NOTE: Others as required by referenced specifications. T-904-5 ITEM T-905 TOPSOILING 905-1,.lThis item shall consist of topsoil application, removing topsoil to be stripped on the site or from placing and spreading the topsoil on p specification at the locations shown engineer. preparing the from designated approved source: repared areas in on the plans or Materials ground surface for stockpiles or areas off the site, and accordance with this as directed by the 905-2.1 TOPSOIL. Topsoil shall be the surface layer of soil with no admixture or refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones two (2 inches or more in diameter), clay lumps or similar objects. Brush and other vegetation which will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sods and herbaceous growth such as grass and weeds are not to be removed but shall be thoroughly broken up and intermixed with the soil during handling operations. The topsoil or soil mixture, unless otherwise specified or approved, shall have a pH range of approximately 5.5 pH to 7.6 pH, when tested in accordance with the methods of testing of the Association of Official Agricultural Chemists in effect on the date of invitation of bids. The organic content shall be not less than 3% nor more than 20% as determined by the vet -combustion method (chromic acid reduction). There shall be not less than 20% nor more than 80% of the material passing the 200 mesh sieve as determined by the wash test in accordance with AASHTO T 11. Natural topsoil may be amended by the Contractor with approved materials and methods to meet the above specifications. 905-2.2 INSPECTION AND TESTS. Within 10 days following acceptance of the bid, the engineer shall be notified of the source of topsoil to be furnished by the contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. At this time, the contractor may be required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths, for testing purposes as specified in 905-2.1. 905-3.1 EOUIPMENT. Areas to be topsoiled shall be shown on the plans. If topsoil is available on the site, the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the plans. Suitable equipment necessary for proper preparation and treatment of the ground surface, stripping of topsoil, and for the handling and placing of all required materials shall be on hand, in good condition, and approved by the Engineer before the various operations are started. 905-3.2 PREPARING THE GROUND SURFACE. Immediately prior to dumping and T-905-1 I ITEM T-905 TOPSOILING ' spreading the topsoil on any area, the surface shall be loosened by discs or spike -tooth harrows, or by other means approved by the engineer, to a minimum depth of 2 inches to facilitate bonding of the topsoil to the covered subgrade soil. The surface of the area to be topsoiled shall be cleared of all stones larger than 2 inches in any diameter and all litter or other material which may be detrimental to proper bonding, the rise of capillary moisture, or the proper growth of the desired planting. Limited areas, as shown on the plans, which are too compact to respond to these operations shall receive special scarification. Grades on the area to be topsoiled which have been established by others as shown on the plans, shall be maintained in a true and even condition. Where grades have not been established, the areas shall be smooth -graded and the surface left at the prescribed grades in an even and properly compacted condition to prevent, insofar as practical, the formation of low places or pockets where water will stand. 905-3.3 OBTAINING TOPSOIL. Prior to the stripping of topsoil from designated areas, any vegetation, briers, stumps and large roots, rubbish or stones found on such areas, which may interfere with subsequent operations, shall be removed using methods approved by the engineer. Heavy sod or other cover, which cannot be incorporated into the topsoil by discing or other means shall be removed. When suitable topsoil is available on the site, the contractor shall remove this material from the designated areas and to the depth as directed by the engineer. The topsoil shall be spread on areas already tilled and smooth -graded, or stockpiled in areas approved by the engineer. Any topsoil stockpiled by the contractor shall be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others, and is required for topsoiling purposes, shall be removed and placed by the contractor. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the contractor shall be graded if required and put into a condition acceptable for seeding. When suitable topsoil secured off the airport site, the contractor shall locate and obtain the supply, subject to the approval of the engineer. The contractor shall notify the engineer sufficiently in advance of operations in order that necessary measurements and tests can be made. The contractor shall remove the topsoil from approved areas and to the depth as directed. The topsoil shall be hauled to the site of the work and placed for spreading, or spread as required. Any topsoil hauled to the site of the work and stockpiled shall be rehandled and placed without additional compensation. ' 905-3.4 PLACING TOPSOIL. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 2 inches after compaction, unless otherwise shown on the plans or stated in the special provisions. Spreading shall not be done when the ground or topsoil is frozen, excessively vet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfing operations can proceed with a minimum of soil T-905-2 , ITEM T-905 TOPSOILING preparation or tilling. After spreading, any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches or more in diameter), roots, litter, or any foreign matter shall be rakid up and disposed of by the contractor. After spreading is completed, the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the engineer. The compacted topsoil surface shall conform to the required lines, grades, and cross sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed. Measurement and Payment 905-4.1 Topsoil will not be measured for separate payment. TESTING AND MATERIAL REQUIREMENTS Test and short title Material and short title AASHTO T 11 --Gradation None T-905-3 i a I�p`ri; 1/5/89 AAA_ 5t i� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS First Security Insurance Agency NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1010 Fayetteville, AR 72702 COMPANIES AFFORDING COVERAGE COMPANY USF& G INSURANCE COMPANY A LETTER COMPANY INSURED LETTER CITY OF FAYETTEVILLE COMPANY C FAYETTEVILLE AIRPORT LETTER HWY 71 South COMPANY Fayetteville, AR 72701 LETTER COMPANY I LETTER - THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDI- TIONS OF SUCH POLICIES. CO TR TYPE OF INSURANCE POLICY NUMBER PDLICV FC°ECTI1'E DATE IMMeDp.YYI PO!ICv EXPIRATlDrt ODD ALL LIMITS IN THOUSANDS L'I GENERAL LIABILITY GENERAL AGGREGAT_ p555Q , COMMERCIAL GENERAL LIABILITY PPUD'JGTSGOMPIOPS AGGREGATE 5" a, A!KS 6:ADE �DcruRREGti` RE'nSONAL A AD\'ERTI9'1G IIIJURy EACH Dc`GRR`NCE S500 , pt„Es B s cD.Ta cTURs PP Ec:r:E OCP 11175725000 1-5-89 1-5-90 FIFE DAMAGE (ANY ONE FIREI 5 MED,CAL EXPENSE AI:V ONE PERSO'r S AUTOMOBILE LIABILITY .» ANY AUTO CGS` IS , ALL OWNED AUTOS 1" 9DD!:Y SCHEDULED AUTOS ,PER PERSD\II s HIRED AUTOS I .,; NON -OWNED AUTOS P.5 AcaDEvn $ GARAGE LIABILITY g._. PROPERTY DAMAGE EXCESS LIABILITY AGGP&]An P . $DCGl1PRErvGE $ OTHER THAN UMBRELLA FORN! STATUTORY WORKERSCOMPENSATION _ S,+ � IEALn AGPUE!:TI •` AND $ I OIS:ASE PDLICi LiMITI EMPLOYERS' LIABILITY ,b" ID,SEA5 .EACF EMPLOYEE) OTHER � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONSISPECIAL ITEMS NAMED ADDITIONAL INSURED: GARVER + GARVER P.O. BOX C-50 Little Rock, AR 72203 Contractor on job: Northwest Electric P.O. BOx 694 Fayetteville, AR 72702 GARVER + GARVER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX P.O. BOX C-50 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO LITTLE ROCK, AR 72203 MAIL10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIA LI Y OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT O ZED REPRESENTATIVE I____ r if _ _ F. I. First Security Insurance Agency P.O. Box 1010 Fayetteville, AR 72702 Northwest Electric Inc. P.O. Box 694 Fayetteville, AR 72702 PRO/BRO I PRO/BRO 2 CUSTOMER NO. INSUREDS NAME IF DIFFERENT FROM CUSTOMER FILE NOR500 SPECIAL CODES 2 3 POLICY NUMBER 1MP07802904001 3906384888 COMMISSION BUSINESS COMPANY AGY PRO/BRO I PRO/BR02 ` CODE TRAM CODE nvCiCL NOME DATE 4-29-88 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT EFFECTNE DATE RENEWAL DATE INVOICE NUMBER MO .DAY.YR. MO: DAY-YR. 4 -29 -BB 4-29-89 5-9-88 4-29-89 PREMIUM DUE ON DESCRIPTION OF COVERAGE EFFECTIVE DATE OF POLICY PACKAGE POLICY & WORKERS COMPENSATION POLICY -.w.fl .n w3Y�%-3YYa{Y'1>.�K�'-11. tau w...• • 1 INSURED Northwest Electric, Inc. P.O. Box 694 Fayetteville, AR 72702 I.r 11 1� t�` 12-13-88_ THIS_ CEFTIFICt.TE IS ISSUED AE L ML"E1, Or INLORMLTI'-^ ON:Y ANC. CONFEPS N': RIGHTS UPOr: 1HE CERTIFICATE HOLDEF. THIS CERTIFICLTE DOES NOT AMEN'.`. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER United States Fidelity and COMPANY B LETTER COMPANY `. LETTER COMPANY LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDt. CO ICY FPFCIVI POLICY FYPiRAT101. ALL LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER OT[ 1+.:619OTt'I O� E R LDONYt n I GD:: PAt AGG 1EGAIE Is 500 GENERAL LIABILITY AGGREGATI I S 500 COMMERCIAL GERERL'L LIABILITY ngOo'JCTS.C;JPIOPS ^=PSN+a a :.1n4=..Sl1 G I:uI"I S 500 A x CLAIMS Al -0E I A%co?=='+GE. 1 MP07802904001 4-29-88 4-29-89 OV/LERS L COIUTR;COPS PROTECTIVE IFAt, GCGURPE::Ci S 500 ![RC G4L:=GF 141:1' OCi PRu IS 50, AFRICA: EXPENSE IRIY OBE 'ERSO:1 S 5 AUTOMOBILE LIABILITY I I IC5: A A' UTO 1MP07802904001 4-29-88 14-29-89 5 500,4. x k ALL OWNED AUTOS EuJ_Y I II4JB'� o c E SONI1 SCHEDULED AUTOS S BOD':Y I:�uar HIRED AUTOS P. NON-OVA:ED AUTOS I Arno^r is •' I IH ' GARAGE LIABeIrr, O MAGE L14uE p J EXCESS LIABILITY OCR,�ESGE III is OTHER THAN UMBRELLA FORM I STATUTORIy', • WORKERS' COMPENSATION J 100, �: ",-.."`•I + AND 39 06384888 15-9-88 4-29-89 s 50,:,S;s_.= :' EMPLOYERS' LIABILITY 1 0 Iu:5F-TEE - OiFu 5 F OTHER DESCRIPTION OF OPERAT IONS I LOCATIONS! VEHIC! ES/ RESTRICTIONS! SPECIAL ITEMS City of Fayetteville Fayetteville Airport Hwy 71 south Fayetteville, AR 72702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- flop,,DATE THEREOF. THE ISSUING COMPANY VJILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT RUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LI 31! 'Y OF ANY KING UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 7tL Lt(7 __