HomeMy WebLinkAbout150-92 RESOLUTIONRESOLUTION NO. 150-99
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO A CONTRACT WITH MCCLINTON
ANCHOR AND APPROVING A BID OF $173,743 PLUS A
5% CONTINGENCY OF $8,687 FOR THE REMOVAL OF
TREES, CLEARING, GRUBBING, RESEEDING AND
INSTALLING OBSTRUCTION LIGHT POLES FOR THE
AIRPORT'S NORTH AND SOUTH AIRCRAFT APPROACHES,
SUCH WORK BEING FUNDED BY FEDERAL GRANT AIP
#11.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with Mcclinton Anchor
and approving a bid of $173,743 plus a 5% contingency of $8,687 for
the removal of trees, clearing, grubbing, reseeding and installing
obstruction light poles for the Airport's north and south aircraft
approaches, such work being funded by Federal Grant AIP #11. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 6th day of October , 1992.
ATTEST:
By
APPROVED:
By
Three
CONTRACT
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
THIS AGREEMENT, made and entered into this day of
(P� .1.�..) , 1992 by and between the City of Fayetteville, Party
of the First Part, hereinafter called the OWNER and APAC-Arkansas,
Inc. McClinton - Anchor Division Party of the Second Part,
hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of
Obstruction Lighting at Drake Field as set out in the
Specifications and Plans No. FY882138 and,
WHEREAS, the CONTRACTOR agrees with the Owner to commence and
complete the clearing, grading, obstruction lighting, access roads,
fencing, topsoil, seeding, and other tasks as designated in the
project Plans and Specifications for the unit prices bid in the
Proposal for the estimated quantities in Items 1 through 12 of the
Base Bid included on the Bid Proposal Sheet, made part of this
Contract, and a 5% contingency the total being One Hundred)(
pe'
Thousand.
,s:ttat$te ►crW:•$,4A:.e.e.ia440Osia: 4OftrAt11 4C►01400..0t.r.;
Seven Hundred and Forty Three and 00/100.
Such sum being the agreed amount upon which bonds and liabilities
are based, and at his own cost and expense furnish all materials,
supplies, labor, machinery, equipment, tools, supervision, bonds,
insurance, taxes, permits, and other accessories and services
necessary to complete the said construction in accordance with the
conditions and prices stated in the Proposal attached hereto and
made a part hereof, and in accordance with the General Provisions
and Specifications, and in accordance with the Plans, which include
all maps, plats, blueprints, and other drawings, and written or
printed explanatory matter hereof.
The CONTRACTOR agrees to fully complete all work under this
Contract within 90 calendar days. The OWNER agrees to pay the
CONTRACTOR in current funds for the performance of the Contract in
accordance with the accepted Proposal therefore, subject to
additions and deductions, as provided in the Specifications, and to
make payment on account thereof as provided below:
Contract - 1
Seven
McClelland
Consulting
Engineers
Incorporated
Fayetteville, Arkansas
•
As soon as is practicable after the first of each calendar
month, the OWNER will make partial payments to the CONTRACTOR for
work performed during the preceding calendar month, based upon the
Engineer's estimate of work completed, said estimate being
certified by the CONTRACTOR and accepted by the OWNER. Except as
otherwise provided by law, ten percent (10%) of each approved
estimate shall be retained by the OWNER until 50 percent project
completion at which time no additional retainage will be retained
without reasonable justification by the OWNER or his
representative. Upon final completion and acceptance by the OWNER
and ENGINEER, the ENGINEER shall then issue a Final Estimate of
work done based upon the original contract and subsequent changes
made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this
contract, and the time of beginning, manner of progress and time of
completion of the work hereunder, shall be and are essential
conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10)
calendar days from the date of the issuance of the Notice to
Proceed, and to proceed with the construction of the work and to
prosecute the work with an adequate force and in a manner so as to
complete the work within the time stipulated herein. If the
Contractor fails to complete the contract within the time
stipulated herein, the CONTRACTOR agrees to pay the OWNER, as
liquidated damages, the sum of three hundred fifty dollars
($350.00) per day for each calendar day of delay in completion,
said amounts being fixed and agreed upon by and between the parties
hereto. The Liquidated Damages shall apply to the total
construction time stated in the Proposal. Said amounts of
liquidated damages shall be deductible from any amount due the
CONTRACTOR under Final Estimate of said work, after the completion
thereof, and CONTRACTOR shall be entitled only to the Final
Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is delayed at any time in the progress of
the work by any act or neglect of the OWNER or of his employees, or
by any other CONTRACTOR employed by the OWNER, or by changes
ordered in the work, or by strikes, lockouts, fire, unusual delay
in transportation, unavoidable casualties or any causes beyond the
CONTRACTOR's control, or by delay authorized by the Engineer
pending arbitration, or by any cause which the Engineer shall
decide to justify the delay, then the time of completion may be
extended for such reasonable time as the Engineer may decide in
concurrence with the FAA.
No such extension shall be made for delay occurring more than
seven (7) days before a claim therefore is made in writing to the
Engineer. In the case of a continuing cause of delay, only one
claim is necessary.
Contract - 2
inMcClelland
Contemning Incorporated
Fayetteville. Arkansas
•
In the event the CONTRACTOR abandons the work hereunder or
fails, neglects or refuses to continue the work after ten (10) days
written notice, given the CONTRACTOR by the OWNER or by the
ENGINEER, then the OWNER shall have the option of declaring this
contract at an end, in which event, the OWNER shall not be liable
to the CONTRACTOR for any work theretofore performed hereunder; or
requiring the surety hereto, upon ten (10) days notice, to complete
and carry out the contract of the CONTRACTOR, and in that event,
should the surety fail, neglect or refuse to carry out said
contract, said OWNER may complete the contract at its own expense,
and maintain an action against the CONTRACTOR and the surety hereto
for the actual cost of same; together with any damages or other
expense sustained or incurred by the OWNER in completing this
contract less the total amount provided for hereunder to be paid
the CONTRACTOR, upon the completion of this Contract.
This Contract shall be binding upon the heirs,
representatives, successors, or assigns of the parties hereto,
including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set
their hands and seals respectively.
(SEAL)
WITNESSES:
(SEAL)
ATTEST:
APAC - Arkansas, Inc.,
McClinton - Anchor�Division
BY: /INCL, 4. && «!t
(TITLE)
City of Fayetteville
Fayet -vly k- -as
BY:
(Mayor)
Contract - 3
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o ConsultingEn
ginoors
Incorporated
Fay rr.vil1., Arkansas
4
•
lNI 200 / •
OF FAYETTEVILLE
REVIEW FORM
PROJECT: OBSTRUCTION LIGHTING PROJECT (AIP #17)
PROJECT MANAGER: Dale Frederick
DEPARTMENT/DIVISION: AIRPORT
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Please review the attached contract and/or change order between the City of Fayetteville and
APAC-Arkansas, Inc, McClinton -Anchor, Div.
Authorizing Signature Date
Comments
City Attorney
1' Nom_ 93
4 v titan ` tearjev "/ /LLA:yripit //—/6 -93
Purchasing Manager \ z6
II-Ica-93
Budget Coordinator/ lL/ 1 17— 53
Internal Auditor
ADA Coordinator 911(/ ' ( 1 / / e / q3
RETURN TO PROJECT MANAGER WHEN REVIEW PROCESS HAS BEEN COMPLETED
Please keep one copy for records and return three copies to the airport.
'en
Administrativeces Director
IFAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Contract Review Personnel
FROM: Dale Frederick, Airport Manag
DATE: November 16, 1993
SUBJECT: REVIEW AND SIGNATURE OF CHANGE ORDER #1 FOR CONSTRUCTION
OF THE OBSTRUCTION LIGHTING PROJECP(AIPl17).
Change Order 11 will Increase the contract time by 30 -calendar
days. This will account for the easement acquisition delay on this
project and will extend the total contract time to 120 calendar
days. Some delays were experienced in the acquisition of Avigation
and Obstruction Lighting Easements needed for the installation of
the obstruction lighting for Runways 16 and 34.
Staff concurs with the engineer's recommendation to make this
amendment to the contract. FAA has verbally concurred with this
amendment and a letter of concurrence is forthcoming.
Staff recommends approval.
Attachment: Contract review form
Change Order (4 originals)
•
OWNER:
PROJECT:
•
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Obstruction Lighting
Drake Field,
Fayetteville, AR
AIP 3-05-0020-11
CONTRACTOR: APAC-Arkansas, Inc.
McClinton -Anchor, Div.
P.O. Box 1367
Fayetteville, AR 72702
Change Order No 1
Date: Sept. 20, 1993
Project No. FY882138
Contract
Date: Oct. 6, 1992
The following changes to the Contract are hereby ordered:
The Owner has experienced delays in the acquisition of
Avigation and Obstruction Lighting Easements needed for
the installation of the obstruction lighting for Runways
16 and 34. The Owner wishes to increase the contract
time by 30 -calendar days to account for the easement
acquisition delay on this project, for a contract time of
120 calendar days.
Original Contract Amount
Previous Change Order Amount
Change Order Will Increase
Contract Amount By
$173,743.00
0.00
0.00
Revised Contract Amount $173,743.00
MMI
•
Contract Time
Increase in Contract Time
Revised Contract Time
90 calendar days
30 calendar days
120 calendar days
CONTRACTOR:
APAC Arkansas, Inc.
McClinton -Anchor, Div.
By : 4 (24.4 9/z/45
James Cole Date
ENGINEER:
McClelland Consulting Engineers, Inc.
By:
OWNER:
City of Fayetteville
By:
Hanna, Mayor
Date
l/V243
Date
McClelland Consulting Engineers, Inc.
P. 0. Box 1229, Fayetteville, Arkansas 72702-1 22 9
(501) 443-2377 FAX (501) 443-9241
October 23, 1992 FY882138
Ms. Sherry Thomas
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Re: Obstruction Lighting
Drake Field
Dear Ms. Thomas:
Enclosed please find the original set of Contract Documents on the
above referenced project for the City's files, as per your request.
If there are any questions regarding these Contract Documents
please contact us.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
WayneiJonos, P. E.
roject Manager
RWJ/rw
Enclosures: Contract Documents
cc: Mr. Dale Frederick
TABLE OF CONTENTS
SECTION
Notice to Contractors
Instructions to Bidders
Proposal
Notice of Award
Equal Opportunity Certification
Contract
Notice to Proceed
Performance Bond
Payment Bond
Federal Wage Decision
State Wage Decision
Wage, Labor, EEO, & Safety Requirements
General Provisions
Section
Section
Section
Section
Section
Section
Section
Section
Section
(FAA Standards, as revised
for this project)
10. Definition of Terms
20. Proposal Requirements and Conditions
30. Award and Execution of Contract
40. Scope of Work
50. Control of Work
60. Control of Materials
70. Legal Relations and
Responsibility to Public
80. Prosecution and Progress
90. Measurement and Payment
Special Provisions
General
Description of the Project
Safety Requirements and Construction Procedures
Identification of "Engineer"
Authority of Engineer
Limitations of the Engineers Responsibilities
Engineer's Visits to the Site
PAGE NO.
1-4
1-7
1-8
1-2
1-3
1-3
1
1-2
1-2
1-3
1-3
1-21
1-53
1-5
6-9
10-11
12-16
17-23
24-27
28-36
37-44
45-53
1
1
1-2
2
3
3
4
noMcClelland
Cowlle
Engineers rs
Inaerpora/W
Fayetteville, Arkansas
TABLE OF CONTENTS
(Continued)
SECTION PAGE NO.
Special Provisions (Continued)
Contractor's Examination 4
Arrangement of Specifications and Plans 5
Workmen 5
Horseplay 5
Insurance 5-10
Subcontractors 10
Contractor's Routine Access to Site 10
Owner -Furnished Materials 10
Quality of Plans 11
Partial Acceptance 11
Progress Schedule 11
Contractor to Perform Construction Staking 12
Work Done Without Lines and Grades 12
Preservation of Monuments and Stakes 12
Other Contractors 13
Record Drawings 13
Publicity 13
Modifications and Waivers 14
Standards 14
Testing 14
Payment for Stored Materials 15
Cost of Plans and Specifications 15
Ownership of Engineering Data 15
Partial Sets of Plans and Specifications
for Subcontractors 15
Damage to Existing Facilities 15
Reporting of Accidents 16
Pre -Construction Conference 16
Waterways 16
Safety and Security 16
Function of the Engineer and Relationship
Between Engineer and Contractor 16-18
Contractor's Responsibility Regarding
Special Application Materials and Products 18-19
Temporary Facilities 19-21
Permits, Licenses, Laws, Ordinances
Regulations and Taxes 21
Mobilization and Demobilization 22
Mland
ECOnailling
Cl eAl.,.
INGalnanaaraNO
Fa)+Ihvlllq Arkansas
TABLE OF CONTENTS
(Continued)
SECTION PAGE NO.
FAA Standard Specifications (As Revised for this Project)
P-151 Clearing and Grubbing 1-3
P-152 Excavation and Embankment 1-7
P-156 Temporary Air and Water Pollution,
Soil Erosion, and Siltation Control 1-3
P-209 Crushed Aggregate Base Course 1-5
P-610 Structural Portland Cement Concrete 1-8
D-701 Pipe for Storm Drains and Culverts 1-3
F-160 Wire Fence with Wood Posts 1-6
T-901 Seeding 1-4
T-905 Topsoiling 1-3
T-908 Mulching 1-3
L-119 Installation of Airport Obstruction Lights 1-3
Electrical Specifications
16010 General Electrical Work 1-9
16050 Basic Electrical Materials and Methods 1-4
16421 Service Entrance 1
16430 Metering 1
16440 Disconnect Switches 1-2
16485 Contactors 1
16510 Lighting Fixtures 1-2
ISEMc.Iingd
Consulting InMcClellandoaro.ral.E
Fayetteville, Arkon.a.
$OTICE TO CONTRACTOR
Notice is hereby given that in pursuance to an order of the City of
Fayetteville, sealed bids will be received at the Purchasing Office
or Room 111 of the City Administration Building, 113 West Mountain,
Fayetteville, Arkansas, until 2:00 P.M., on the 17th day of
September, 1992, for the furnishing of all tools and labor, and the
performance of work to be done in installation of Obstruction
Lights on the mountain sides around Drake Field, Fayetteville
Municipal Airport.
Work under this Contract shall include clearing, grading, fencing,
access roads, obstruction lighting, topsoil, seeding, other tasks
required for a complete job.
The location of the work is set out in the Plans and Specifications
to be on file in the offices of McClelland Consulting Engineers,
Inc.: P.O. Box 1229, 1810 N. College Avenue, Fayetteville,
Arkansas. All bids will be opened and considered at a meeting, to
be held in Room 111 at the City Administration Building, 113 West
Mountain, Fayetteville, Arkansas at 2:05 P.M, local time, on the
17th day of September, 1992, and at such adjourned meetings
thereafter as may be necessary.
All necessary work, materials, and every item of construction shall
be in accordance with the Plans and Specifications as prepared by
the Engineer. Copies of the documents may be obtained from the
office of the Engineer upon the payment of the sum of Fifty dollars
( $50.00 ), said payment not being refundable. Pertinent
information and the detailed specifications will be furnished to
suppliers at cost of reproduction.
Bidders shall make such inspection and studies of the site of the
work as to thoroughly familiarize themselves with all conditions to
be encountered.
Each bid must be accompanied by a surety bond (proposal guaranty)
in the amount equal to five percent (5%) of the whole bid, said
bond to be issued by a surety company licensed to do business in
the State of Arkansas, said bond to be retained as liquidated
damages in case the successful bidder fails, neglects, or refuses
to enter into the contract for the construction of said works, and
furnish the necessary bonds within fifteen (15) days from and after
the date of the Notice of Award.
The successful bidder will be required to furnish separate
performance and payment bonds, in favor of the City of
Fayetteville, Fayetteville, Arkansas, in an amount equal to one
hundred percent (100%) of the contract amount, at the time of the
award of the contract, if said contract exceeds $100,000.
Notice to Contractors - 1
keCC1.ltand
,y ,.�� �..� Consulting
Engln..rs
Incvp.ratd
Fayetteville, Arkansas
P+
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Notice is hereby given that the City of Fayetteville is an Equal
Opportunity employer.
1) Compliance Reports. Within 30 days after award of
this contract, the contractor shall file a
compliance report (Standard Form 100) if:
a) The contractor has not submitted a complete
compliance report within 12 month preceding
the date of award; and
b) The contractor is within the definition of
"employer" in Paragraphs 2e(3) of the
instructions included in Standard Form 100.
The contractor shall require the subcontractor on
all -tier subcontracts, irrespective of dollar
amount, to file Standard Form 100 within 30 days
after award of the subcontract if the above two
conditions apply. Standard Form 100 will be
furnished upon request.
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 ten (10) 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 of this
solicitation qualifies as a DBE, the contract goal shall be deemed
to have been met. Individuals who are rebuttable presumed to be
socially and economically disadvantaged include women, Blacks,
Hispanics, Native Americans, Asian -Pacific Americans and Asian -
Indian Americans. The apparent successful bidder will be required
to submit its information 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) and shall be submitted with the proposal. 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 non-responsive.
Notice to Contractors - 2
McClelland
o Consulting
Engineers
Incorporated
Fayetteville, Arkansas
The City of Fayetteville reserves the right to reject any and all
bids, and to waive any formalities deemed to be in the best
interest of the Commission.
The proposed contract is under and subject to Executive Order 11246
of September 24, 1965, and to the Equal Opportunity Clause
contained in the Specifications.
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 subcontract exceeds $10,000. Samples of
the Certification and the Notice to Subcontractors appears in the
Specifications.
The attention of all bidders is called to the fact that any
contractor or subcontractor on this project having 50 or more
employees and who may be awarded a contract or subcontract of
$50,000 or more will be required to maintain an Affirmative Action
Program within 120 days of commencement of the contract.
Women will be afforded equal opportunity in all areas of
employment. However, the employment of women shall not diminish
the standards or requirements for employment of minorities.
The Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
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 Females Participation in each trade is 6.9%
Goals for Minority Participation in each trade is 3.3%
These goals are applicable to all the Contractor's construction
work (whether or not it is Federal or federally assisted) performed
in the coverage area. The coverage area for female participation
is nationwide. The coverage area for minority participation is
Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy,
and Washington counties in Arkansas and Adair and Delaware counties
in Oklahoma.
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
Notice to Contractors - 3
MCClpllaM
Gonsalling
Engineers
Inaorperalsa
Formosans, Arkansas
J
amount of the subcontract; estimated starting and completion dates
of the subcontract; and the geographical area in which the contract
is to be performed.
Attention is called to the fact that no less than the minimum
salaries and wages as set forth in the Contract Documents must be
paid on this Project.
The Bidder must supply all the information required by the proposal
form.
The attention of all bidders is called to the fact that they must
be licensed under the terms of Act 150 of the 1965 Acts of the
Arkansas Legislature, as amended.
Peggy Bates
Purchasing Officer
City of Fayetteville
Fayetteville, Arkansas
Notice to Contractors - 4
MCCIelland
a Consulting
Engineers
Incorporated
Fayetteville, Arkansas
J
SECTION 00100
INSTRUCTIONS TO BIDDERS
PARAGRAPH NO./TITLE PAGE NO.
1. FORMAT 1
2. SPECIFICATION LANGUAGE 1
3. GENERAL DESCRIPTION OF THE PROJECT 1
4. QUALIFICATION OF BIDDERS 1
5. DOCUMENT INTERPRETATION 1
6. BIDDER'S UNDERSTANDING 2
2
2
3
3
3
4
4
4
5
5
5
6
6
6
6
7
7
7. PROJECT MANUAL & DRAWINGS
8. TYPE OF BID
9. PREPARATION OF BIDS
10. STATE AND LOCAL SALES AND USE TAXES
11. SUBMISSION OF BIDS
12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS
13. WITHDRAWAL OF BID
14. BID SECURITY
15. RETURN OF BID SECURITY
16. AWARD OF CONTRACT
17. BASIS OF AWARD
18. EXECUTION OF CONTRACT
19. PERFORMANCE AND PAYMENT BONDS
20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND
21. PERFORMANCE OF WORK BY CONTRACTOR
22. TIME OF COMPLETION
23. PROVIDING REQUIRED INSURANCE
noMcClelland
Consplling
Emblems
Ino>porossd
Foyssbvdls, Arkonws
SECTION 00100
INSTRUCTIONS TO BIDDERS
1. FORMAT
The Contract Documents are divided into parts, divisions, and
sections in keeping with accepted industry practice in order to
separate categories of subject matter for convenient reference
thereto. Generally, there has been no attempt to divide the
Specification sections into work performed by the various building
trades, work by separate subcontractors, or work required for
separate facilities in the project.
2. SPECIFICATION LANGUAGE
"Command" type sentences are used in Contract Documents. These
refer to and are directed to the Contractor.
3. GENERAL DESCRIPTION OF THE PROJECT
A general description of the work to be done is contained in the
NOTICE TO CONTRACTORS. The scope is indicated on the accompanying
Drawings and specified in applicable parts of these Contract
Documents.
4. QUALIFICATION OF BIDDERS
The prospective bidders must meet the statutorily prescribed
requirements before Award of Contract by the Owner.
Before a Contract will be awarded for the work contemplated herein,
the Owner will conduct such investigation as is necessary to
determine the performance record and ability of the apparent low
Bidder to perform the size and type of work specified under this
Contract. Upon request, the Bidder shall submit such information
as deemed necessary by the Owner to evaluate the Bidder's
qualifications.
5. DOCUMENT INTERPRETATION
The Contract Documents governing the work proposed herein consist
of the Drawings and all material bound herewith. These Contract
Documents are intended to be mutually cooperative and to provide
all details reasonably required for the execution of the proposed
work. Any person contemplating the submission of a Bid shall have
thoroughly examined all of the various parts of these Documents,
and should there be any doubt as to the meaning or intent of said
Contract Documents, the Bidder should request of the Engineer, in
writing (received by the Engineer at least 5 working days prior to
bid opening) an interpretation thereof. Any interpretation or
Section 00100 - 1
inMCCIelland
Consulting
EngineersIncorporated
FnrtMollls, Arkansas
change in said Contract Documents will be made only in writing, in
the form of Addenda to the Documents which will be furnished to all
Bidders receiving a set of the Documents. Bidders shall submit
with their Proposals, or indicate receipt, of all Addenda. The
Owner or Engineer will not be responsible for any other
explanation or interpretations of said Documents not issued in
writing by Addendum.
6. BIDDER'S UNDERSTANDING
Each Bidder must inform himself of the conditions relating to the
execution of the Work, and it is assumed that he will inspect the
site and make himself thoroughly familiar with all the Contract
Documents. Failure to do so will not relieve the successful Bidder
of his obligation to enter into a Contract and complete the
contemplated Work in strict accordance with the Contract Documents.
It shall be the Bidder's obligation to verify for himself and to
his complete satisfaction all information concerning site and
subsurface conditions.
Information derived from topographic maps, or from Drawings showing
location of utilities and structures will not in any way relieve
the Contractor from any risk, or from properly examining the site
and making such additional investigations as he may elect, or from
properly fulfilling all the terms of the Contract Documents.
Each Bidder shall inform himself of, and the Bidder awarded a
Contract shall comply with, federal, state, and local laws,
statutes, and ordinances relative to the execution of the Work.
This requirement includes, but is not limited to, applicable
regulations concerning minimum wage rates, nondiscrimination in
the employment of labor, protection of public and employee safety
and health, environmental protection, the protection of natural
resources, fire protection, burning and nonburning requirements,
permits, fees, and similar subjects.
7. PROJECT MANUAL AND DRAWINGS
No return of Project Manual or Drawings is required and no refund
will be made.
The successful Bidder will be furnished three sets of Documents
without charge. Any additional copies required will be furnished
to the Contractor at $ 50.00 per set. Partial sets will not be
available.
8. TYPE OF BID
Unit prices shall be submitted in the appropriate places on the
Bid. The total amount to be paid the Contractor shall be the total
amount of the unit price items as adjusted based on quantities
Section 00100 - 2
j
1,14EIMnClarland
Consulting
Env CMnears
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Inwraorarad
Fayetteville, Arkansas
installed and/or any adjustment for additions or deletions
resulting from additive or deductive alternates or change orders
during construction.
9. PREPARATION OF BIDS
All blank spaces in the Bid form must be filled in, preferably in
BLACK ink, in both words and figures where required. No changes
shall be made in the phraseology of the forms. Written amounts
shall govern in cases of discrepancy between the amounts stated in
writing and the amounts stated in figures. In case of discrepancy
between unit prices and totals, unit prices will prevail.
Any Bid shall be deemed informal which contains material omissions,
or irregularities, or in which any of the prices are obviously
unbalanced, or which in any manner shall fail to conform to the
conditions of the published NOTICE TO CONTRACTORS.
Only one bid from any individual, firm, partnership, or
corporation, under the same or different names, will be considered.
Should it appear to the Owner that any Bidder is interested in more
than one bid for work contemplated, all bids in which such Bidder
is interested will be rejected.
The Bidder shall sign his Bid in the blank space provided therefor.
If Bidder is a corporation, the legal name of the corporation shall
be set forth above, together with the signature of the officer or
officers authorized to sign Contracts on behalf of the corporation.
If Bidder is a partnership or sole proprietorship, the true name of
the firm shall be set forth above, together with the signature of
the partner or partners authorized to sign Contracts in behalf of
the firm. If signature is by an agent, other than an officer of a
corporation or a member of a partnership or sole proprietorship, a
notarized power-of-attorney must be on file with the Owner prior to
opening of bids or submitted with the Bid.
10. STATE AND LOCAL SALES AND USE TAXES
Unless the Supplementary Conditions contains a statement that the
Owner is exempt from state sales tax on materials incorporated into
the Work due to the qualification of the Work under this Contract,
all state and local sales and use taxes, as required by the laws
and statutes of the state and its political subdivisions, shall be
paid by the Contractor. Prices quoted in the Bid shall include all
nonexempt sales and use taxes, unless provision is made in the Bid
form to separately itemize the tax.
11. SUBMISSION OF BIDS
All Bids must be submitted, not later than the
the place, and in the manner set forth
time prescribed, at
in the NOTICE TO
Section 00100 - 3
0)
McClellando CenwlNny
Commons
Inoorpsrulsd
Forllsvllls, Arwnws
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CONTRACTORS. Bids must be made on the Bid forms provided herein.
Each Bid must be submitted in a sealed envelope, so marked as to
indicate its contents without being opened, and addressed in
conformance with the instructions in the NOTICE TO CONTRACTORS.
Bids may not be submitted by FAX machines.
12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID
Any Bidder may modify his
bid
by telegraphic or
written
communication at any time prior
to
the scheduled closing
time for
receipt of bids, provided such
communication is received by the
Owner prior to the closing time.
The telegraphic or
written
communication should not reveal
the
bid price; it shall,
however,
state the addition or subtraction or
other modification so
that the
final prices or terms will not
be
known by the Owner until
the
sealed bid is opened.
13. WITHDRAWAL OF BID
Any Bid may be withdrawn prior to the scheduled time for the
opening of Bid either by telegraphic or written request, or in
person. No Bid may be withdrawn after the time scheduled for
opening of Bids, unless the time specified in Item, AWARD OF
CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed.
14. BID SECURITY
Bids must be accompanied by cash, a certified check, or cashier's
check drawn on a bank in good standing, or a bid bond issued by a
Surety authorized to issue such bonds in the State where the Work
is located, in the amount of 5 percent of the total amount of the
Bids submitted. This bid security shall be given as a guarantee
that the Bidder will not withdraw his Bid for a period of 120
days after bid opening, and that if awarded the Contract, the
successful Bidder will execute the attached Contract and furnish
properly executed Performance and Payment Bonds, each in the full
amount of the Contract price within the time specified.
The Attorney -in -Fact (Resident Agent) who executes this bond in
behalf of the Surety must attach a notarized copy of his
power -of -attorney as evidence of his authority to bind the Surety
on the date of execution of the bond.
All bid bonds and Contract bonds shall be executed by a licensed
resident agent of the surety having his place of business in the
State of Arkansas and in all ways complying with the laws of the
State of Arkansas. The mere countersigning of a bond will not be
sufficient.
McClelland
fl Conwmny
Enaln.oa
Incorporated
Fayetteville, Arkansan
Section 00100 - 4
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If the Bidder elects to furnish a Bid Bond, he shall use the Bid
Bond form bound herewith, or one conforming substantially thereto
in form and content.
15. RETURN OF BID SECURITY
Within 15 days after the award of the Contract, the Owner will
return the bid securities to all Bidders whose Bids are not to be
further considered in awarding the Contract. Retained bid
securities will be held until the Contract has been finally
executed, after which all bid securities, other than Bidders' bonds
and any guarantees which have been forfeited, will be returned to
the respective Bidders whose Proposals they accompanied.
16. AWARD OF CONTRACT
Within 120 calendar days after the opening of Bids, unless
otherwise stated in the NOTICE TO CONTRACTORS or SPECIAL PROVISIONS
of these Documents, the Owner will accept one of the Bids or will
act in accordance with BASIS OF AWARD, below. The acceptance of
the Bid will be by written notice of award, mailed or delivered to
the office designated in the Bid. In the event of failure of the
lowest responsible and responsive qualified Bidder to sign and
return the Contract with acceptable Performance and Payment Bonds,
as prescribed herein, the Owner may award the Contract to the next
lowest responsible and responsive qualified Bidder. Such award, if
made, will be made within 120 days after the opening of Bids.
17. BASIS OF AWARD
If, at the time this Contract is to be awarded, the total Base Bid
of the lowest acceptable Proposal exceeds the funds then estimated
by the Owner as available, the Owner may reject all bids or take
such other action as best serves the Owner's interests, including
consideration of selected Deductive Alternates. Basis of award
will be as stated in the Proposal.
18. EXECUTION OF CONTRACT
The successful Bidder shall, within 15 consecutive days after
receiving notice of award, sign and deliver to the owner the
Contract hereto attached together with the acceptable bonds as
required in these Documents. Within 15 consecutive days after
receiving the signed Contract with acceptable bonds from the
successful Bidder, the Owner's authorized agent will sign the
Contract. Signature by both parties constitutes execution of the
Contract.
The successful Bidder shall conform to the Rules and Regulations of
Arkansas Department of Finance and Administration concerning
nonresident contractor's notice and bond requirements.
flMCClslland
conwlting
tog 1aprrf
InasrasroNd
Fafkflavllls, Arkansas
Section 00100 - 5
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19. PERFORMANCE AND PAYMENT BONDS
The successful Bidder shall file with the Owner a Performance Bond
and Payment Bond on the form bound herewith, each in the full
amount of the Contract Price in accordance with the requirements of
the State of Arkansas as applicable, as security for the faithful
performance of the Contract and the payment of all persons
supplying labor and materials for the construction of the Work, and
to cover all guarantees against defective workmanship or materials,
or both, for a period of 1 year after the date of final acceptance
of the Work by the Owner. The Surety furnishing this bond shall
have a sound financial standing and a record of service
satisfactory to the Owner, shall be authorized to do business in
the State of Arkansas, and shall be listed on the current U.S.
Department of Treasury Circular Number 570, or amendments thereto
in the Federal Register, of acceptable Sureties for Federal
projects.
If the Surety on any Bond furnished by Contractor is declared
bankrupt or becomes insolvent or its right to do business is
terminated in any state where any part of the project is located or
it ceases to meet the requirements of the preceding paragraph,
Contractor shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to Owner.
The Attorney -in -Fact (Resident Agent) who executes this Performance
Bond and Payment Bond in behalf of the Surety must attach a
notarized copy of his power -of -attorney as evidence of his
authority to bind the Surety on the date of execution of the bond.
All Contracts, Performance and Payment Bonds, and respective
powers -of -attorney will have the same date.
20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND
The Bidder who has a Contract awarded to him and who fails to
properly execute the Contract and furnish the Performance Bond and
Payment Bond, within the time frame stipulated elsewhere in these
documents, shall forfeit the bid security that accompanied his bid,
and the bid security shall be retained as liquidated damages by the
Owner, and it is agreed that this sum is a fair estimate of the
amount of damages the Owner will sustain in case the Bidder fails
to enter into a Contract and furnish the bond as hereinbefore
provided. Bid security deposited in the form of cash, a certified
check, or cashier's check shall be subject to the same requirements
as a Bid Bond.
21. PERFORMANCE OF WORK BY CONTRACTOR
The Contractor shall perform on the site and with his own
organization, work equivalent to at least forty percent of the
total amount of the work to be performed under this Contract. If,
Mach Mane
a Can aa fling
Enqin..rs
InwcprpffatporafW
Fal7tbvilla, Arkamm
Section 00100 - 6
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during the progress of the Work hereunder, the Contractor requests
a reduction of such percentage, and the Engineer determines that it
would be to the client's advantage, the percentage of the Work
required to be performed by the Contractor's own organization may
be reduced; PROVIDED prior written approval of such reduction is
obtained by the Contractor from the Engineer.
Each bidder must furnish with his bid a list of the items that he
will perform with his own forces and the estimated total cost of
these items.
22. TIME OF COMPLETION
The time of completion of the Work to be performed under this
Contract is of the essence of the Contract. Delays and extensions
of time may be allowed in accordance with the provisions stated in
Section GENERAL PROVISIONS. The time allowed for the completion of
the work is stated in the Proposal.
23. PROVIDING REQUIRED INSURANCE
The Bidder's attention is directed to the insurance requirements
set forth in the SPECIAL PROVISIONS. Submittal of a bid indicates
full understanding and intent to comply with the insurance
requirements which are a condition of the contract.
Mcci. Hand
Engin..rs
Incorpoorporalsd
Fey.??. vu!., Arkansas
Section 00100 - 7
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PROPOSAL
OBSTRUCTION LIGHTING
TO
DRAKE FIELD
FAYETTEVILLE MUNICIPAL AIRPORT
FAYETTEVILLE, ARKANSAS
AIP 3-05-0020-11
Project No. FY882138
Dated: August, 1992
Gentlemen: APAC—Arkansas, Inc.
The undersigned,
McClinton —Anchor Div. states that he
,
has carefully examined the Plans, profiles, Specifications, maps,
and drawings, on file in the offices of City Clerk and Airport
Manager of Fayetteville, Arkansas relative to the proposed Airport
Improvements referenced above, and that he is familiar with the
proposed Airport Improvements referenced above, and that he is
familiar with the same and understands each and all; has examined
the location and site; that all bids are made with the full
knowledge of the Plans, profiles, Specifications and estimates and
all provisions of the Contract and bonds; that this Proposal is
made without collusion on the part of any person, firm or
corporation, the undersigned states that he has experience in and
is qualified to perform the work herein specified, and that if he
does not have craftsmen experienced and qualified in any phase of
the work for which this Proposal is offered, he will sub -contract
the work under said phase to a Contractor who does have the
necessary experience and qualifications. He further states that he
will enter into the Contract to construct said construction as
designated in the title of this Proposal in accordance with the
Plans and Specifications on file in the offices of the City Clerk
and Airport Manager of Fayetteville, Arkansas, and have said work
completed within a maximum period of 90 calendar days from the
Notice to Proceed.
Proposal - 1
Mcci. fiend
conwlllnp
Elglnun
moorpepl.0
Fo).R.vlllq Arinn.p.
PROPOSAL SCHEDULE
BID ITEMS
ITEM
NO.
1
APPROX.
QUANTITY ITEM:
Lump Sum Clearing & Grubbing
UNIT
PRICE: EXTENDED
�o
lars/LS $g -
2 0.45 STA Roadway Subgrade $ /Sto STA
,/// Preparation
,�,//// T f+'t�� o4eaetLdollars/ STA $ 7s
(Words)
3 100 Tons Crushed Aggregate $ !i /TN
Surface Course
'&zaaiars/TN $ Z ort a
(Words)
4. 40 LF 24" Corrugated $_/Q /LF
Metal Pipe
t1t� 60
Ctr dollars/LF $_720
(Words)
SD
5. 136 LF 4 -Ft Barbed Wire $ /LF
Fence
�
£k2/dollars/LF $ �
(Words)
6 £
12 -FT M
et t Gate $�3' //EA
o lays/EA $ SD
( ords)
7 Lump Sum Topsoiling /LS
'o
a /dollars/LS $ -iOa
(Words)
Proposal - 2
MCClalland
ens, tin.
a .
Ine p-alka
Foy*Mavlllar Arkanwa
ITEM
NO.
n
9
1 10
11
APPROX.
QUANTITY
8.5 Acre
ITEM:
Obstruction Lights,
Poles and Wiring
(Words)
Electrical
UNIT
PRICE: EXTENDED
00
$
o I4
llars/LS $1i/JJD
(Words) IT�
Seeding, Fertilizing
C..so° do ars/AC $ 7S
(Words)
fdo-
Lump Sum Third Party Insurance $ /do /LS
Coverage (Rider Amount)
Le&te v dust /dollars/LS $
(W res)
Lump Sum Mobilization and $4/LS
Demobilization
Lcsr r- ap
Ila s/LS $ a 2_
TOTAL BASE BID (ITEMS 1 THROUGH 12)
Proposal - 3
flMC(.MllOAd
canwltin g
Enpin..r.
InwpKCt.d
Fay.II.viII., Arkpn.p.
ADDITIVE ALTERNATE BID
ITEM APPROX.
NO. QUANTITY ITEM:
Al 60.34 STA Roadway Subgrade
Preparation
(woras)
A2 2700 Tons Crushed Aggregate
Surface Course
(Words)
A3 318 LF 12" Corrugated
II_L_•1 n
A5
30 LF 18" Corrugated
n Metal Pipe
(Words)
84 LF 24" Corrugated
,-
Metal Pipe
TOTAL ADDITIVE
(Words)
(ITEMS Al - AS)
TOTAL BASE & ADDITIVE ALTERNATE
(ITEMS 1-12 & Al - A5)
UNIT
PRICE: EXTENDED
/STA
c-etil�Y s
liars/STA $
$___ JITN/fir_
liars/TN $
$ /LF
$ /�=, LF
$ I_ _ /LF
,llars/LF $
$
Proposal - 4
MCCblland
o fenwl/in/
EMln..r.
IoCvpKO/N
Fo}NMW11., Arkongl
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The bidder shall complete the following statement by checking the
appropriate space.
The bidder has S/I 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.
The bidder has ✓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 subcontractors.
If the bidder has participated in a previous contract subject to
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 contract.
Standard Form 100 is normally furnished contractors annually, based
on a 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, DC 20506
The bidder certifies, by submission of this proposal or acceptance
of this contract, 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 subcontractors. Where the
bidder/offeror/contractor/or any lower 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 is:
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).
flCanaalHny
In aOMaIW
Fa»IUvhb, Arbmas
Proposal - 5
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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 40 CFR 30.17, no contract
shall be awarded to a contractor 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, 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 the
sponsor if the contractor learns that its certification or that of
a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor
agrees to provide immediate written notice to the contractor, if at
any time it learns that its certification was erroneous by reason
of changed circumstances.
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
establishment of a system of records in
faith, the certification required by this
and information of a contractor is not
which is normally possessed by a prudent
course of business dealings.
be construed to require
order to render, in good
provision. The knowledge
required to exceed that
person in the ordinary
M.CI. II.nd
. COOwlfinq
Ino.OwoM1!
Forlt.vlll., Ar*on..s
Proposal - 6
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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.
Enclosed herewith is a bid bond for 5
dollars ($
which we agree to the Board of Directors of the City of
Fayetteville, Arkansas, may cash and retain as liquidated damages
in the event of our failure to enter into a contract for the work
covered by this Proposal, provided the Contract is awarded to us
within one hundred twenty (120) days from the date fixed for
opening of bids and we fail to execute said contract and execute
the required bonds as called for in the Specifications within
fifteen (15) days after notification of acceptance of this
Proposal.
The bidder hereby acknowledges receipt of the following Addenda
prior to submitting this Proposal.
The bidder shall attach to this Proposal a copy of his General
Liabilities Insurance Coverages in accordance with the requirements
stated on page 7 of the Special Provisions.
Addenda No.
0/iC.
Dated
and such addenda are attached hereto and made a part hereof.
Dated at Fayetteville, Arkansas, this day of
1991.
(SEAL, IF CORPORATION)
Respectfu]/@Aeu4*Tkktt4 Inc.
McClinton —Anchor Div.
p.p• Box 1387
FAYETTEVILLE, AR 72702
Bus' ess A s
b
Title Z,/S
Arkansas License No.
MCCblland
gEngineer.Enpin
a InovpflardOerohd
Pathvllla, Arkansas
Proposal - 7
The Bidder
shall
complete
the
following
information for that
portion of
the work
proposed
to
be completed
by subcontractors.
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Proposal - 8
MCCIa IICM
' Canln.ny
Enam.an
InaeraaranW
FayafVvlll.. Arkanna
A.I.A. Document No. A-310 (February 1970 Ed.)
\1r�
Sedgwick James
Sedgwick James of Arkansas, Inc.
900 S Shackleford Road, Suite 600, PO Box 511, Little Rock, Arkansas 72203-0511
Telephone (501) 223-3111. Telex 536249. Facsimile (501) 223-8461
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we. APAC—ARKANSAS, INC., McCLINTON-ANCHOR DIVISION
as Principal, hereinafter called the Principal, and INSURANCE COMPANY OF NORTH AMERICA
a corporation duly organized under the laws of the State of PENNSYLVANIA
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE
CITY ADMINISTRATION BUILDING, 113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF THE AMOUNT OF BID Dollars ($ 5%
for the payment of which
sum well and truly
to
be made,
the said
Principal and the
said
Surety,
bind
ourselves,
our heirs, executors,
admir)istrators, successors
and assigns, jointly
and
severally,
firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
INSTALLATION OF OBSTRUCTION LIGHTS ON THE MOUNTAIN SIDES AROUND DRAKE FIELD,
FAYETTEVILLE MUNICIPAL AIRPORT
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good
and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null
and void, otherwise to remain in full force and effect.
Signed and sealed this 17TH day of SEPTEMBER A.D. 1992
1
APAC-ARKANSAS, INC.,
' McCLINTON-ANCHOR DIVISION
(Principal) (:
(Witness) BY ( LC.�/ 1� N /
Y �.r`'� VICE PRESIDEN'
' (Title)
•
(Suretyt.) (Seal)
(Witness) ^% n
Judy nks Butler Attorney in fact
SJ-1316-B
/� �/r�\�/� ' �' /���•- Company a Noiifr� 4
\\�,> $noWaiI r en.by jhese presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth
v„ `Qf ^ nla\�attiitgdtp pgeoipslpglce la he -City of Philadelphia. Pennsylvania,pursuant to the following Resolution adaptedby the Board big',
`IJ. Ahe�6lQ�ptopeuy'.onbeoamber 6i.r983. to wit: - , . _
ww�W40^�, •eta Lots Led at9l sn Wt+ee. lee teaoaa.511aes Ones avows as aeaal1&* avr er Gaps" a be etL eadrtesMoa,: nsoaaeeweea, osaiW, ad ae«
-\ ttr ✓ "70101 M� nadaaLp�y aeMar Sltw tMaldea, M7r 1901 AapMaaLa ,seSts Vb ereada-t, « wtr'Ml_waraFael::wn. WA" M bow -
ow-. /,'` alaalaaealawloeaaplaiad. a t I M9Mawnaw7101.auar..ielw.a.w _pw�evnar Wth. gwp01701-SW tsy.«aas.rraalovrwwar ranaaarr,s.
`•.�•;•\�,•�c•wwalauaa.e'.r aw tMDaaeMq.aaW wa.aVMe Preadr.aw vMe Praawaa wady AeatearVIcs1tWWewaloarar aaawreaw.o aaraab«tfeta -t
..:. data eogpaar:aud AaaarPMfaatoedeaeabw_— estla aleaalaW anon. aeaetse a bean MMf% ea aad.« alt as"a a as Caspear'MNa..
:iene«Iada aipraaea awlalaMAs. aaS Ira tla- -- as Ceataara a ae 101.4' aaeea:w lw Preelaeal end aa.red a w40 —paataaw..sy
a %- 7M aiatMe 0140PtMleMG p'e.ean VanSIPMrL«SVim prseMea4«a Aesnaeaalas fraeMM Led 0101 aatl WarCaaenOr'4NatlwtM baeaaaw ew paawa01awaw'
tf.nted ra.esr «resawwvti •5 m.--- •_. as e.wra a claw ad w seal a 40' •'—.r a.r beaI edwao.r.r.a, euer.a.w'wa ovaw,.e6 wrr wbn vww«
eedasaae sawing ease raaaYi agaatwe Led Mel — he was Led Manes a ate contest.
• (4) •seal a q« Cacwaaaa compeer.Wano.. nMfaa as lave aeuww N array or y«1, esplesa«a Msolaus;40 erica a tla Carta', and ear awadt a nmrd a an Caapa y
aaaeewr lcale disc arge a stair daMt.
(a) '.'.740 a""" of adeassolelba does as tewy wry earlier aabaay wanted by aesaeaaa or -ate Goad ci Directors adopNd as Jan e. ISIS. May a.: 1976 ad March 23. 1177."
does hereby nominate, aonetfute't►ad appoint ." DONALD, Rv . HENDERSON, . JUDYFRANKS .BUTLER, and MARY GARDNER,
all -of the` City of Little%Rock, State of Arkansas- =- - -----------------
_; Its true and lawful agent'and attorney -in -fact, to make, execute, seafand deliver for and on Its behalf, and as its. act and deed any
.and all Bonds and- .Undertakings LIMITED in amounts TWENTY FIVE MILLION C$25 DOO O
, .. a a , 00.1
on behalf.. of.APAC-,Arkansas, Inc. and,APAC-Mississippi, Inc.,. and APAC-Tennessee,
Said Bonds and Undertakings to be signed for the Company and:the Seal of the Company
attached thereto by anyone of the said Donald R. Henderson, Judy Franks- Butler, and
Mary Gardner, individually.
And the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had
been duly executed and ackndwledged by the regularly elected officers of the Company at Its principal office.
IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President, has hereunto subscribed his name and affixed the
-corporate seal of the said INSURANCE COMPANY OF -NORTH AMERICA this 19th - day of
August 1990•
~ - - .-�.. ' INSURANCE COMPANY -OF NORTHAMERICA
by
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ' PHILADELPHIA 8e' R. E. GNEAtiS. Ytce Preaidae
On this 19th day of August ,-A.D. 1g9O , before the subscriber, a Notary Public of
the Commonwealth of Pennsylvania In and for the County of Philadelphia duly commissioned and qualified, came It E._Oiveana, Vice -
President of the INSURANCE COMPANY. OF. NORTH AMERICA10 me personally known tote the individual and officer described In, and
who executed the preceding Instrument, and he acknowledged; the execution of the same, and;.being by me duly .worn; deposeth and
safih, that he Is the officer of the Company aforesaid, end that the seal affixed to.tbe preceding Instrument Is the corporate seal of said
Company, and the sold corporate seal and his signature as officer were duty affixed and subscribed to the said Instrument by the authority
and direlottlt"IaIll"yorporation, and that Resolution, adopted by the Board of Directors of said Company, referred to In the preceding
instrw�ta ^` V/
`•, �� EtR=, l have harmm$a..nt r Aeal at the City of Philadelphia the day and year'.
firet.`ebo nten. js i - 'MOTARIA1 SEAL -r '- ii
JULfA ANNA R0HANA, Notary PDonc^
OF ?'fa philadnlohia. Philadelphia County "';
(SL )%
_ .' My Commission Expires August ZU, It1B�l `Noury Public
I, the fq�ereffm ,ry t SURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER OF ATTORNEY, of
which the foregoi(dp p".Worrect copy, is in full force and effect.
S.
In witness Wff&Xs*Ilt%1 ve hereunto subscribed my name as Secretary, and Affixed the corporate seal of the Corporation, this
17TH day or SEPTEMBER- 1992
• •' - James S. Wyllie Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE.ANY'13OND WITH AN.INCEPTION DATE AFTER h 2; 1994 ��•F'f#YM.:w'v*:_:,grt'yvy1. ... ..PL1T•......':"".:,M?`ah?%%sTAwMi•.rt............• *lie fr2.—....... a!5l4KtsM1tMr`.YY/:itt+.G.--:-,n?�.I-•�;Yi�. �•sv,.
RC.OaARAa Pfd in 11 C A
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NOTICE OF AWARD
To:APAC - Arkansas. Inc.
McClinton - Anchor Division
P.O. Box 1367
Fayetteville. Arkansas 72702
PROJECT DESCRIPTION: Obstruction Lighting to Drake Field.
Fayetteville. Arkansas.
The OWNER has considered the PROPOSAL submitted by you for the
above described WORK in response to its NOTICE TO CONTRACTORS.
You are hereby notified that your PROPOSAL has been accepted
for Base Bid items 1 through 12 in the amount of $173.743.00.
You are required to execute the CONSTRUCTION CONTRACT in its
entirety and furnish the required PERFORMANCE AND PAYMENT BOND and
certificates of insurance within fifteen (15) calendar days from
the date of this notice to you.
If you fail to execute said Unit Price Contract and to furnish
said bonds within fifteen (15) days from the date of this NOTICE,
said OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your PROPOSAL as abandoned and as a
forfeiture of your BID BOND. The OWNER will be entitled to such
other rights as may be granted by law.
You
are
required to
return an acknowledged copy of this NOTICE
OF AWARD
to
the OWNER.
Dated this
day of QC/, 1992.
•
MCCStIIOnd
Cm..Oiny
Enpingn
Inp.rparolW
Fay.rl.rill., A.nan.w
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1 ACCEPTANCE OF NOTICE
1 Receipt of the NOTICE OF AWARD presented heretofore is hereby
acknowledged by APAC - Arkansas, Inc. McClinton - Anchor Division
this the day of 4G�o�c.J , 1992
1 ByG ./
TitleY2______
1
1
1
1
1
1
1
1
1
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flo fld Conlliny
E piwallMCCI.lrs
IntsaorotW
Fay.tlkville, Arkansas
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RECEIVED SEI 2 8 1992
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CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
APAC—Arkansas, Inc. GENERAL
McClinton — Anchor Div.
BIDDERS
NAME
X 1367
ADDRESS FAYETTEVILLE AR 7271)2
INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION
NUMBER___________
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
provision 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 statements in offers is
prescribed in 18 U.S.C. 1001.
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATION ON 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.
Equal Employment Opportunity - 1
1
MCCJ.IIar4
' i o m Consulting
Enprn..rs
Inc tporoNa
Fay.tI.villo, Arkansas
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NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
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.
Equal Employment Opportunity - 2
Engineers
Conwltina
Incap orated
Fayetteville, Arkansas
Certification - The information above is true and complete to the
best of my knowledge and belief.
Name
of Signer (
Signature
1J 142/9&
Date
NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
Equal Employment Opportunity - 3
MCCI.11and
o m Con wltin
a
Enalnprs
Inc cporabd
Fo)o/bvUN, Arkanw.
I
tI CONTRACT
' ISTATE OF ARKANSAS
' CITY OF FAYETTEVILLE
�r THIS AGREEMENT, made and entered into this day of
First ' , 1992 by and between the City of Fayetteville, Party
of the Part, hereinafter called the OWNER and APAC-Arkansas.
Inc. McClinton - Anchor Division Party of the Second Part,
hereinafter called the CONTRACTOR.
WITNESSETH THAT:
' WHEREAS, the OWNER has called for bids for the construction of
Obstruction Lighting at Drake Field as set out in the
Specifications and Plans No. FY882138 and,
WHEREAS, the CONTRACTOR agrees with the Owner to commence and
complete the clearing, grading, obstruction lighting, access roads,
' fencing, topsoil, seeding, and other tasks as designated in the
project Plans and Specifications for the unit prices bid in the
Proposal for the estimated quantities in Items 1 through 12 of the
Base Bid included on the Bid Proposal Sheet, made part of this
Contract, and a 5% contingency the total being One Hundred CLOWtW
ree tw' Thousand
•Seven Hundred and Forty Three and 00/100. Q 2/ L
' ($173,743.00)
Such sum being the agreed amount upon which bonds and liabilit es
are based, and at his own cost and expense furnish all materials,
supplies, labor, machinery, equipment, tools, supervision, bonds,
'
insurance, taxes, permits, and other accessories and services
necessary to complete the said construction in accordance with the
conditions and prices stated in the Proposal attached hereto and
' made a part hereof, and in accordance with the General Provisions
and Specifications, and in accordance with the Plans, which include
all maps, plats, blueprints, and other drawings, and written or
printed explanatory matter hereof.
The CONTRACTOR agrees to fully complete all work under this
Contract within 90 calendar days. The OWNER agrees to pay the
' CONTRACTOR in current funds for the performance of the Contract in
accordance with the accepted Proposal therefore, subject to
additions and deductions, as provided in the Specifications, and to
make payment on account thereof as provided below:
11
Contract - 1
1
MCEngin..r.
' o Co.,sagrin Q
ncornura
InaorperoNd
Fa,erreville, Arkansas
I
As soon as is practicable after the first of each calendar
month, the OWNER will make partial payments to the CONTRACTOR for
' work performed during the preceding calendar month, based upon the
Engineer's estimate of work completed, said estimate being
certified by the CONTRACTOR and accepted by the OWNER. Except as
II otherwise provided by law, ten percent (10%) of each approved
estimate shall be retained by the OWNER until 50 percent project
completion at which time no additional retainage will be retained
without reasonable justification by the OWNER or his
II representative. Upon final completion and acceptance by the OWNER
and ENGINEER, the ENGINEER shall then issue a Final Estimate of
work done based upon the original contract and subsequent changes
' made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this
contract, and the time of beginning, manner of progress and time of
II completion of the work hereunder, shall be and are essential
conditions hereof.
' The CONTRACTOR agrees to commence the work within ten (10)
calendar days from the date of the issuance of the Notice to
Proceed, and to proceed with the construction of the work and to
prosecute the work with an adequate force and in a manner so as to
'
complete the work within the time stipulated herein. If the
Contractor fails to complete the contract within the time
stipulated herein, the CONTRACTOR agrees to pay the OWNER, as
II liquidated damages, the sum of three hundred fifty dollars
($350.00) per day for each calendar day of delay in completion,
said amounts being fixed and agreed upon by and between the parties
II hereto. The Liquidated Damages shall apply to the total
construction time stated in the Proposal. Said amounts of
liquidated damages shall be deductible from any amount due the
CONTRACTOR under Final Estimate of said work, after the completion
' thereof, and CONTRACTOR shall be entitled only to the Final
Estimate, less such amounts of liquidated damages.
' If the CONTRACTOR is delayed at any time in the progress of
the work by any act or neglect of the OWNER or of his employees, or
by any other CONTRACTOR employed by the OWNER, or by changes
' ordered in the work, or by strikes, lockouts, fire, unusual delay
in transportation, unavoidable casualties or any causes beyond the
CONTRACTOR's control, or by delay authorized by the Engineer
pending arbitration, or by any cause which the Engineer shall
' decide to justify the delay, then the time of completion may be
extended for such reasonable time as the Engineer may decide in
concurrence with the FAA.
' No such extension shall be made for delay occurring more than
seven (7). days before a claim therefore is made in writing to the
Engineer. In the case of a continuing cause of delay, only one
'claim is necessary.
Contract - 2
1
pcCNOaM
' o Canwl/iny
Enpinun
n>o tune
Fo,ynalllo, Antonio.
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In the event the CONTRACTOR abandons the work hereunder or
fails, neglects or refuses to continue the work after ten (10) days
written notice, given the CONTRACTOR by the OWNER or by the
ENGINEER, then the OWNER shall have the option of declaring this
contract at an end, in which event, the OWNER shall not be liable
to the CONTRACTOR for any work theretofore performed hereunder; or
requiring the surety hereto, upon ten (10) days notice, to complete
and carry out the contract of the CONTRACTOR, and in that event,
should the surety fail, neglect or refuse to carry out said
contract, said OWNER may complete the contract at its own expense,
and maintain an action against the CONTRACTOR and the surety hereto
for the actual cost of same; together with any damages or other
expense sustained or incurred by the OWNER in completing this
contract less the total amount provided for hereunder to be paid
the CONTRACTOR, upon the completion of this Contract.
This Contract shall be binding upon the heirs,
representatives, successors, or assigns of the parties hereto,
including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set
their hands and seals respectively.
' (SEAL)
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___ i /ice -
City of Fayetteville
Fa 'll ,�/sas
(Mayor)
k,CCI.11.nd
fl Co., .t, 'tang
E gino,. n
Inoorpw.lJ
F.n.vill., Ark.n...
Contract - 3
United
Service
Agency,
Inc.
P.O. Box 11765 —Lexington, Kentucky 40577—(606) 269-9606
October 9, 1992
FEDERAL EXPRESS
MR GARY SCHUSTER
APAC-ARKANSAS INC
MCCLINTON-ANCHOR DIVISION
240 NORTH BLOCK
FAYETTEVILLE AR 72702
Re: Owners' Protective Policy
GLPGO6118021
Dear Gary:
I
Li
Enclosed please find the original and one copy of subject policy and the original and one
copy of Endorsement Nos. 1, 2, and 3.
The Countersignature Endorsement will be forwarded as soon as possible.
I trust you will find the enclosed in order; however, please call if you have any questions.
1
' Enclosures
cc: Cindy Schlesinger
1
Very truly yours,
ulie E. Coleman
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COMMERCIAL GENERAL LIABILITY
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM - COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declara-
tions. The words "we," "us" and "our" refer to the
Company providing this insurance.
The word "insured" means any person or organiza-
tion qualifying as such under WHO IS AN INSURED
(Section II).
Other words and phrases that appear in quotation
marks have special meaning. Refer to DEFINITIONS
(Section V).
SECTION I - COVERAGES
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY
1. Insuring Agreement.
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "bodily injury" or "property dam-
age" to which this insurance applies. We will
have the right and duty to defend any "suit"
seeking those damages. We may at our dis-
cretion investigate any "occurrence" and settle
any claim or "suit" that may result.
But:
(1) The amount we will pay for damages is
limited as described in LIMITS OF IN-
SURANCE (Section III); and
(2) Our right and duty to defend end when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under SUPPLEMENTARY
PAYMENTS.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage"
is caused by an "occurrence" that takes
place in the "coverage territory" and arises
out of:
(i)
Operations
performed for
you by the
"contractor"
at the location
specified in
the Declarations; or
(ii) Your acts or omissions in connection
with the general supervision of such
operations; and
(2) The "bodily injury" or "property damage"
occurs during the policy period.
c. Damages because of "bodily injury" include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the "bodily injury."
2. Exclusions.
This insurance does not apply to:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the in-
sured. This exclusion does not apply to "bod-
ily injury" resulting from the use of reasonable
force to protect persons or property.
b. "Bodily injury" or "property damage" for
which the insured is obligated to pay damages
by reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) Assumed in a contract or agreement that
is an "insured contract" provided the
"bodily injury" or "property damage" oc-
curs subsequent to the execution of the
contract or agreement; or
(2) That the insured would have in the ab-
sence of the contract or agreement.
c. "Bodily injury" or "property damage" which
occurs after the earliest of the following times:
(1) When all "work" on the project (other than
service, maintenance or repairs) to be per-
formed for you by the "contractor" at the
site of the covered operations has been
completed; or
' CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 1 of 7 O
INK
INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA
GENERAL LIABILITY POLICY
DECLARATIONS
(- City of Fayetteville
Named 113 W. Mountain
Insured
Fayetteville, AR 72701 and
The Named Insured is:
Address McClelland Consulting Engineers, Inc. ❑Individual ❑Partnership ❑Corporation
P. 0. Box 1229 ❑ Joint Venture 8 (Other)
L Fayetteville, AR 72702-1229
Policy Period: From to 12:01 A.M., standard time at the address
October 9, 1992 See Endorsement No. 2 of the Named Insured as stated herein.
Occupation:
Audit Period: Annual, unless otherwise stated
The insurance afforded is only with respect to such of the following Parts and Coverages therein as are indicated by J. The limit of the Company's liability against each
such Coverage shall be as stated herein, subject to all of the terms of the policy having reference thereto.
LIMITS
OF LIABILITY
COVERAGE PARTS
Bodily Injury
Liability
Property Damage
Liability
each occurrence
aggregate
each occurrence
aggregate
❑ Comprehensive General Liability Insurance
❑ Owners', Landlords' and Tenants' Liability Insurance
❑ Structural Alternations, New Construction, Demolition
(EACH
❑ Manufacturers' and ContractorsLiability Insurance
ANNUAL
❑ Independent Contractors
PERIOD)
❑ Completed Operations and Products Liability Insurance
❑ Contractual Liability insurance
13 Owners' PRotective
❑ Liability Insurance
$1,000,000
$1,000,000
$1,000,000
Personal Liability
Personal Medical Payments
each occurrence
each person
each accident
❑ Comprehensive Personal Insurance
❑ Farmer's Comprehensive Personal Insurance
$
$
$
Physical Damage to Property
Animal Collision —Farmer's Part Only.
$ each occurrence
Market Value not exceeding $300 each animal
each person
each accident
❑ Premises Medical Payments Insurance
$
$
each person aggregate
general aggregate
❑ Personal Injury Liability Insurance
$
$
Endorsements attached to policy at inception:
GL -109 (OCP), Endorsements No. 1, 2 and 3
During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein:
TOTALIUM ► $ AS AGREED D If the Policy Period is more than one year ant the premium is to be paid in installments, premium is payable on:
Effective Date $
1st Anniversary $ j
ME 2nd Anniversary $ Countersigned By ! ti -t
I. Authorized Agent
This Declarations and Coverage Part(s), with Policy Standard Provisions and Endorsements, it any, issued to form a part thereof, completes ih above numbered policy.
1D -2E02 Pid. in U S.A
I
INK OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
COVERAGE PART
ADDITIONAL DECLARATIONS
policyNo GLP CO 61 18 02
1
Designation of Contractor APAC-Arkansas, Inc. McClinton -Anchor Division
MailingAddress 240 North Block Fayetteville, Arkansas 72702
Location of Covered Operations Obstruction Lighting Drake Field AIP 3-05-0020-11
O Check here if the following provision is applicable:
The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return
premiums, if any, which may become payable under the terms of this policy.
SCHEDULE
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
Code Description of
N.. M Operations
Premium Dues
Rates
Advanca Premiums
B.I.
P.D.
Bodily Injury
Property Damage
Cost
Per $100
of Cost
3 15292 Construction Operations
Owner (not Railroads) Excluding
Operations on Board Ships
$173,743.00
Minimum Premium(s)
TOTALS
$
$
TOTAL ADVANCE PREMIUM
$AS AGREED
When used as a premium basis, the word "cost" means the total cost to the Named Insured with respect to operations performed for the Named Insured during
the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and
equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees,
allowances, bonuses or commissions made. paid or due.
(Over)
GL -109 (OW) 25M Printed in U.S. A.
I
I. COVERAGE A—g0DILY INJURY LIABILITY
COVERAGE B—PROF(RTY DAMAGE LIABILITY
The Company wi I pay an behal' cf the Insured al suns witch the Insured shall
become legally obligated to pay es damages because Cl
A. bodi y irjury or
B. property damage
to wh ch this p; cy applies. causec by an cccu•rence and arising all a' (1) opera-
licns performed for the Named Insured by the con:racter designated ir the
declaration at toe Icalion cesignated therein or r2) acts or orrissiors of the
Named Insured in connect'cn with his gererel supervisior o: such operalbcns, and
the Company shall have the right and duty :a defend any soil against :he Insured
seeking damages or. account cf such bodily injury or property danage, even 1 ary
of the allegalicns of the slit are grxndiess. false cr lrautu en!, a c nay make
such ir•vestigatrcn and set:lement at any c a m or suit as it deems expedient tut
the Company shall nil be obligated to pay any ca rr. or judgment or to defend ary
suit abler the applicable hmiof the Company's Iiabdily has teen exhaislec by pay.
ment of judgments Cr •etlirment�.
Eiclusloos
This policy does rot apply:
(a) to liabr ty issunee by the Insured enter any corlract or agreerleni except an
incidental xntrac:; but this nc,usior does net apply 10 a warranty that wcrk
performed by its desierafed contractor will to done in a workmanlike manner;
(D) tc bodily injury or pin erly damage oxurring alter
I1; all ware on the prcjecr lather than servicr, maintenance or repairs: to be
performed by or on behalf cl the Nameo Insured at the site cl the xvered
ope-aticns has been =mp!etcd Cr
(2) that Fri :t the designated ecntractor s work cut of wh ch to nit'y
or damage arises has been rut tc its intended use ty any perscn Cr organi•
za:ion ether than another contractor or sabcnnt'aclur engaged Ir perrcrm•
rig cperat ons far a pr neipal as a par of the same Fio,ech
(ci to bodily irjury or properly damage arising out of any ac: or omission of the
Named rstred a• any of h s emp ogees after than general supervisicei cf wont
performed for the Named Insured by the designated conliacfa•;
:d) to any obligat.cn for which tit lured or ary car; Cr as his insu•ra may be
held liable urdei any workmen's compensation, Lnenployment compensation
or disability benefits law. a• under any semi or law:
(e) to bodily injury lc any employee o' the hsired arising out of add in the course
of his emplcymen: ty the Insured or In any obligation of the Insured to inden!
nify another because of damages arising w: Cl stch njury: but Iris exc'usian
does ill app'y 10 liability assumed by the rstred under an incidental contract
(f) to property danage to
111 property awned or occupied by or rented is :he Insured.
12: properly used ty the Insured,
13; properly ir the care, custody or cunt«I of the IrsLied or as to which tie
Insured is to, any purpose exercising phpical acrid, or
14} work performed for the insured by the oesignated cortractor;
(g) to bodily m,u-y cr p-a.pery damage the to wa-, wiether or not declared, civi
wat, mstrrection. rebeil on or revo uticn or to any act or ccndit on incident :a
any of the forego rig. wi:h respect to C) lab cy assumed by the Insured under
an incieenta' cotiacl. or :2) expenses for h-st aid Lndex :he Supplementary
Payments proi,rsion of :he o.icy;
T) to bodily injury cr prope�y danage arising out of (1: the ownership. mainle
none, ope'aticn use. loading at unloading of any mobile equipment while
be ng Lsed in any p•ea awged or argamaed racing. speed or demo) hcn contest
cr in any stunting act why or n practice or p-epaiaton lo• any slch contest cr
activity 0' t2) the operation Cr Lae cf any srowmabde cr trailer designed fcr
use (herewith;
rg to bcd ly irjuy cr properly damage arising out of the discharge, cispersal,
release cr escape of smose yaocrs, soul. limes, ac ds. alkalis tnx c chemicals,
I qj ds Cr gases, waste Hater ial' or c'her . rrilanls. ccntarr mails or pa lutants
into or upon Imi. the almosphe•e or any ware• course or body cl water but
this exclrsici does ricl app y if such discharge, dispersal. release or escape is
sudder and accidents,;
;p to loss of use a' tangib e property which has not been physically m;ured or
destroyed result ng from
Ili a ceay it or lack of performance by or on behalf of the Named Insured of
ary contact or agreement, or
f2; the failure cf the Namet nsured's plodlds Cr work pertermed by or on
behalf of :he Named Insured :c meet the leve of perlo•mance quality,
fitness or dirab lily warranled cr represented by the Named Insured
but this tadision does not apply to loss of use of other tangible properly
resitting from the sudden and accidents. phys cal injury to or ceslr.rclicn o'
the hamed lrstred's products or work performed by cr on behalf a' the Named
Icsired slier such products Cr walk have been put to use by any person or
cigar ization other tan an Insured.
II. PERSONS INSURED
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Ea_t at the 'cllowmg is or 'rsured under Ihm policy to the extent set forth
below:
:al i' the Named Insurer ,s des gnatea in the dec a•alions as an individual, the
Re -son Sc designated and his sxuse.
fb) if :he Named Inured s designated in the declarations as a partnership or joint
venture, the partnership or yoml venture so cesignated and any pa -inn or
nether terecf tut only with respect to his liab I ly as slch;
:cIf the Narred rsured is designated ir the declaralices as other than ar mdr
vidual, oartne-shp or jcirl venture, the crgariratkm so designated and any
exeCLthe ct5cer, director cr stackha'der thereof while aclirg within the scope
ct his duties as suer; and
:d) any persoi ;cther than ar emplcyee of the Named .insured) or crganzatien while
acting as real estate manager tar the Named nsured.
III. LIMITS Of LIABILITY
Regardless cf :he rumber of .11 Insureds under It s policy, (21 persons Cr organ.
rat ons who sLsta n bodily in,ury o- prcperly damage, or r3i claims made or suits
brought on account of bocily inju-y or property danage, the Company's liability is
limited as follows
Cenral A —The local liability cf the Company for all damages, irc�uding dam
ages fur lair and ass of services, because of bodily injury SL tamed by one or
more persons as the result of any one occurrence shall ncl exceed the limit of
bodily injury liability stated it the declarations as applicable to eac't occurrence
Coverage B —]he total liability cf the Company 'or all damages because of all
property damage sustained by cne cr more persons or organ:rat ons as the result
b' arty one occurrence stall nit exceed the .rm I cl properly damage Baba ly stated
in the declarations as appliatle •c "each occurrence"
Subject to the above prevision respecting ' eaci occurrence," the total liabiily
of the Company 'Cr al' damages because of al property carnage to which thus
cove -age applies shall rot exceed the Unit of properly damage Uab Ily stated in
:to declarat ons as "aggregate.' II more than one project is designated in the
schedule. such aggregate imI shat apply separately with respect to each project.
Coverages A aid B —For the pwpcse a' determining the limit of the Company's
motility, all bodily injury and property damage arising olt of conlmuots or repeated
expcsure to sutstanlielly the same general conerriors shall be considered as airs.
•ng bill of are ocarrence.
IV. ADDITIONAL DEFINITION
When used it relerence :o this n:u•ance iirc uding encorsenenis fcrmirg a part
of the pot cyl.
"work" includes materials, parts and eouipment fern shed n connection there-
with.
V. POLICY TERRITORY
This policy arches only:c bocily injury Iii properly damage which cocirs within
the pot cy to ritory.
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City of Fayetteville & McClelland Consulting Engineersi,Inc. 1
Id"1r arm10M ►M"y ImImllemr t•.I"y P"Ime - EM.nw am a Endsians "
GLP GO 61 18 02 1 Sea Endorsement No. 2 October 9, 1992
INb Iv (Nmn Of IfSWmns Cmnsy)
Insurance Company of North America
. .la J��. Ld.M 4� , -O • � ti� .I. • .
"This policy may be cancelled by the Company by mailing to
the Named Insured and the Contractor at the respective
addresses shown in this policy, written notice stating
when not less than fi= days thereafter such cancellation
shall be effective."
jec
10/09/92
Neettl hsfl
(Men Nwnttet
City of Fayetteville & McClelland Consulting Engineers
Inc. 2
/take Eyemd
Pelkv MSC
►elty Mina
Efteetla Der of Indorse wnt
GLP
GO 61 18 02 1
See Below
October 9, 1992
I s Md Iv (Nerw at Ineurrtee Cagey)
Insurance Company of North America
elm uu cumpleteo only at... m s enptNwtnent It leeub aabwpuMt to the ptepntian of
It is hereby understood and agreed that the Policy Period
is extended to expire on the latest of the following
dates:
(1) at project completion
(2) at date required on job contract
(3) at date of acceptance of job contract by the
Named Insured
jec
10/09/92
In
Li
1rs
"Imas )aersst-
City City of Fayetteville & McClelland Consulting Engineers
Inc. 3
raver tYmasl
re(b Niwr.
raw Naas
lfhn(w Os w
CL?
CO 61 18 02 1
See Endorsement No. 2
October 9, 1992
Isail my (Noma of (nawaeaa Ca"wny)
Insurance Company of North America
-------------
(A)
(B)
(C)
jec
10/09/92
Engineers, Architects or Surveyors Professional Liability
Exclusion
It is agreed that this Policy does not apply to bodily
injury or property damage arising out of the rendering of
or the failure to render any professional services by or
for the Named Insured, including
(1) the preparation or approval of maps, plans, opinions,
reports, designs or specifications and
(2) supervisory, inspection or engineering services
Absolute Asbestos Exclusion
It is agreed that this Policy does not apply to bodily
injury or property damage directly or indirectly caused by
asbestos.
Absolute Pollution Exclusion
Exclusion (i) in GL -109 is deleted and replaced with the
following:
"(i) to bodily injury or property damage arising out of the
discharge, dispersal, release or escape of smoke,
vapors, soot, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste materials or other irritants,
contaminants or pollutants into or upon land, the
atmosphere or any water course or body of water."
' (Attach Coverage Part Here)
THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE
FIRST PAGE OF THE DECLARATIONS.
By signing and delivering the policy to you, we state that it is a valid contract when countersigned by our authorized
'representative.
' CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY
Bloomfield, Connecticut
' CIGNA FIRE UNDERWRITERS INSURANCE COMPANY
Bloomfield, Connecticut
BANKERS STANDARD INSURANCE COMPANY
Tampa, Florida
I
CENTURY INDEMNITY COMPANY
Bloomfield, Connecticut
' CIGNA INSURANCE COMPANY
Los Angeles, California
INSURANCE COMPANY OF NORTH AMERICA
Philadelphia, Pennsylvania
PACIFIC EMPLOYERS INSURANCE COMPANY
Los Angeles, California
HOYT, Secr ry A NORD BJORKE, Prai i
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
New York, New York /
IWIrT E. rt. secretwry Y�
';;;i ,
V DENNIS KANE, President
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AE AND ADDRESS OF AGENCY COMPANY COMPANIES AFFORDING COVERAGES
United Service Agency, Inc. LETTER
Post Office Box 11765 A Insurance Company of North America
Lexington, Kentucky 40577 B
C
ME AND ADDRESS OF INSURED
D
APAC-Arkansas, Inc.
McClinton- Anchor Division E
240 North Block F
Fayetteville, Arkansas 72702 G
This is to citify that poiciea of insurance listed below have been Issued to the Insured named above and are in force at this time.
MAMY ict
TYPE OF INSURANCE POUCY NUMBER DfPIRAT10l(/ DATE E ► L
T?01 AGGREGA.<
GENERAL LJABILTTY PERSO#a. INJURY $ E
INCLUDING
A ® COMPDENEN&NE FORM LAB 26606 12-1-92 (soon.? xLJUR?)
PREMISES—O►ERATIONs MO►fRTY DAMAGE E 1
® �D ANO COLLAPSE
NAZA
UNOERGROUNO HAZARD
® PR OPERATIONS HAZARD PERSONAL INJURY
CONT*ACTUAL ISURANCE • 100ILY"JUR?ANfi s 2,500 & 2,500
&ROAD FOAM PROPERTY • P0P€RDY
DAMAGE COMUED
WO@e10e1T CONTRACTORS
PERSONAL INJURY
AUTOMOBILE LlABILrrY WADS PERT SSOM
A ® COMPR6HENalvI PO w' LAB 28606 12-1-92 i CKOILOCCINJURRY I
OWNED PROPERLY DAMAGE &
HIRED PRoPeRw DAMAGE a 2,500
® NON-0WNED COMBINED
EXCESS UABIUTY &0011? *4JIRRY ANO
❑ UMBRELLA POSM PRO►ARTY DAMAGE E $
❑ OTHER THAN UMBRELLA cOM&INED
FORM
WORKERVCOOMPMESATIOIII Qualified AA Self InsurersI S-1-93 STATuroR?
sad
EMPLOYER&' UASBt1Y
• 1,000
RR1oN OF O►ERATWNS/LOCATKNONWfCU%
Obstruction Lighting Drake Field AIP 3-05-0020-11
Cancellation: Should any of the above described poleMs be cancelled before the expiration date thereof, the issuing company w'
endeavor to mail 40_ days written notice to the below named certificate holder, but failure to mail such notice
shed Impose no obligation or liability of any kind upon the company.
T1 HOLDER: _ October 20, 1992 Revise
_
113 W. Mountain, Fayetteville AR 72701
McClelland Consulting Engineers, Inc.
P. 0. Box 1229
Fayetteville, AR 72702-1229
AUTHORIZED REPRESENTATIVE
' Form A-s-1M/s•i7-'ADC•CDC
I
Certificate of Authnriig
as a
Self -,insurer
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under
Arkansas Workers' Compensation Law
RENEWABLE
ANNUALLY
APAC—ARKANSAS, INC.
A _ Corporation having furnished this Commission a current financial statement
of its condition, from which it appears that unencumbered assets were on that date sufficient to meet re-
quirements of the Law relative to qualifying as a self -insurer for workers' compensation purposes. and
having otherwise qualified for such privilege under the Arkansas Workers' Compensation Law, is hereby
authorized to act as a self -insurer within the State for the year ending on the 1st day of
May • 19_ subject to the provisions and requirements of said Law.
In ttttfs5 Whrrfof we. the undersigned Commissioners of the
Arkansas WorkersCompensation Commission, have
hereunto set our hands and affixed the Commission seal
this 30th day of_ April .1912...-
IToTHL P.04
NOTICE TO PROCEED
To: APAC - ARK. Inc. Date:
McClinton - Anchor Division Project: Obstruction Lighting to
P.O. Box 1367 Drake Field
Fayetteville. Arkansas
You are hereby notified to commence WORK in accordance with
the Contract dated , 1992, on or before
1992, and you are to complete the WORK within 90 calendar days.
City of Fayetteville
By:
Title: Airport Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged by
this the
By:_
Title
day of October, 1992.
Notice to Proceed - 1
Macr.nane
o ra Con wllinp
Enpm.ue
Inarcaoralod
Fayolgval,l Arkansas
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we
a , hereinafter called "Principal" and
of
, hereinafter called
firmly bound unto the City of Fayetteville,
called "Owner", in the penal sum of
($ ) in lawful money
of the United States, 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.
State of _
"Surety", are held and
Arkasnas, hereinafter
THE CONDITION OF
Principal entered into
day
THIS OBLIGATION is such that WHEREAS, the
a certain contract with the Owner, dated the
1992, a copy of which
is hereto attached and made a part hereof for the construction of
improvements to the City of Fayetteville, Arkansas.
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.
PROVIDED, FURTHER, that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the
same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work
or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner
and the Contractor shall abridge the right of any beneficiary
hereunder. whose claim may be unsatisfied.
MCCl.11ano
oLogin.. r.
Incncwpora"A
Fontt.vlll., Arkon.os
Performance Bond - 1
This bond is given in compliance with Act 351, Arkansas Acts
of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as
Arkansas Statutes (1957) Section 51-635, Cumulative Supplement.
IN WITNESS HEREOF, this instrument is executed in six (6)
counterparts each one of which shall be deemed an original, this
the day , 1992.
IATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
Principal
By:
Address
Address
ATTEST:
Surety
(Surety) Secretary
(SEAL) By:
Attorney -in -fact
Address
tness as to Surety
Address
►ICCI.11and
Cansoul ny
Enpin..r.
InoarpKOt.A
Fo,.11. vllla, Arkansas
Performance Bond - 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we
a , hereinafter called "Principal" and
of State of
, hereinafter called "Surety", are held and
firmly bound unto the City of Fayetteville, Arkannas, hereinafter
called "Owner", in the penal sum of
($ ) in lawful money of
the United States, 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 certain contract with the Owner, dated the
day 1992, a copy of which
is hereto attached and made a part hereof for the construction of
improvements to the City of Fayetteville, Arkansas.
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.
PROVIDED, FURTHER, that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the
same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work
or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner
and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
This bond is given in compliance with Act 351, Arkansas Acts
of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as
Arkansas Statutes (1957) Section 51-635, Cumulative Supplement.
Payment Bond - 1
McClelland
Con wit
Enpinors
lnaoraorolsd
Fapstlsvllls, Arkansas
IN WITNESS HEREOF, this instrument is executed in six (6)
counterparts each one of which shall be deemed an original, this
the day , 1992.
ATTEST:
Principal
By:
(Principal) Secretary
(SEAL)
Address
Witness as to Principal
Address
ATTEST:
Surety
(Surety) Secretary
(SEAL) By:
Attorney -in -fact
Address
Witness as to Surety
Address
Payment Bond - 2
MCCM Nand
Cp1Ml/In0
a 0
Enpmnn
Inwrporalod
FaysM viII., Arkonw.
U.S. Department of Labor
GENERAL DECISION NO. AR91-7
Supersedes General Wage Decision No. AR90-7
State: ARKANSAS
County(ies): Statewide
Construction
Type: Water, Sewer Lines, Streets, Runways & Highway
Construction
Description: Construction, alteration, and/or repair of streets.
highways, runways and water & sewer utilities. (but does
not include structures on highway rest areas).
Modification Record:
No. Publication Date
1 May 24, 1991
17
Page No.(s)
18-19
' U,S, Department of Labor
AR91-7
Basic Fringe
Hourly Benefits
Rates
' BRICKLAYERS 7.20
CARPENTERS 7.20
CONCRETE FINISHERS 7.20
ELECTRICIANS 8.75
I. 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 4.25
' Pipelayer 5.45
Powderman 6.40
Vibratorman 5.15
PAINTER 6.20.
' PILE DRIVER LEADMAN 6.20
•POWER EQUIPMENT OPERATORS:
Aggregate spreader oper. 5.80
' Asphalt plant fireman 4.85
Asphalt_ plantdrier 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 (i yard or
' less) 6.10
Cherry picker operator 6.10
Concrete paver operator 6.70
I. Concrete spreader oper. 6.70
Crane, derrick, dragline, shovel,
backhos, opera.:
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
Euclid or like equipment operator
(bottom or end dump) 5.25
Finishing machine oper. 6.10
II Vcl. II
18 (May 24. 1991)
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U.S. Department of Labor
AR91-7
Flagger
4.25
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
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
(a) (1)
provided in the labor standards contract
clauses
(29
CFR, 5.5
(i1)).
19 (May 24, 1991)
Vol. II
lames 1. Sal cld
Dkrdr
STATE OF ARKANSAS
ARKANSAS DEPARTMENT OF LABOR
10421 WEST MARKHAM LITHE ROCK, ARKANSAS 74205
(5o1)as2-4500 • 32
September 51, 1992
'McClelland Consulting Engineers, Inc.
P. O. BOX 1299
Fayetteville, AR 72702
' RE: Obstruction Lighting
for Drake Field
Fayetteville, Arkansas
' Washington County
Dear Sirs:
'In response to your request, enclosed is Arkansas Prevailing
Wage Determination Number 92-46 establishing the minimum wage rates
to be paid on the above -referenced project. These rates were
'established pursuant to the Arkansas Prevailing Wage Law, Ark. Code
Ann. SS 22-9-301 to 22-9-313(1987) and the administrative
regulations promulgated thereunder.
If the work is subject to the Arkansas prevailing Wage Law,
every specification shall include minimum prevailing wage rates for
each craft or type of worker as determined by the Arkansas
IDepartment of Labor Ark. Code Ann,SS22-9-308(b)(2), Also, the
public body awarding the contract shall cause to be inserted in the
contract a stipulation to the effect that not less than the
• prevailing hourly rate of wages shall be paid to all workers
performing work under the contract. Ark. Code Ann. S22-9-308(0).
'Additionally, the scale of wages shall be posted by the
contractor in a prominent and easily accessible place at the work
site. Ark. Code Ann. S22 -9-309(a).
'Once the contract is awarded, please notify this office of the
following: the name, mailing address and telephone number of the
general contractor; the date construction is to begin; the
anticipated completion date; and the amount of the project bid.
If you have any questions please feel free to contact me at
' (501) 682-4533 or through fax at (501) 682-4532.
sincerely,
• Ann Sanders
prevailing Wage Supervisor
' enclosure
I
SEP 08 '922 10:02 MCCLELJ ND C0NS.ENG.
P. 1L'1
LIST OF PLAN HOLDERS
CITY OF FAYETTEVILLE
DRAKE FIELD OBSTRUCTION LIGHTING
FY882138
ENGINEER: Wayne Jones, P. E.
BIDS: 9-17-92, 2:00 P.M., AT PURCHASING OFFICE, ROOM 111, CITY
HALL, 113 W. MOUNTAIN STREET, FAYETTEVILLE, AR
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Drake Field, Fayetteville
Advanced Consulting Engineers, Rogers
F.W. Dodge Reports, Tulsa
Construction Market Data, Little Rock
Merit Electric
2301 S. School
Fayetteville, AR 72701
443-3338 FAX: 443-0312
Gary Rakes
Jerry D. Sweetser Const. Co.
590 W. Poplar
Fayetteville, AR 72703
443-3026 FAX: 442-0119
Bill Sweetser
I.
Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR
g PREVAILING WAGE DETERMINATION - HEAVY RATE
' DATE: September 1, 1992 DETERMINATION B: 92-46
PROJECTt Obstruction Lighting for COUNTYCOUNTY: Washing:on
n/28/93
Drake Field
Fayetteville, Arkansas
' BASIC
HOURLY FRINGE
RATE BENEFITS
CLASSIFICATION 7.20
Bricklayers 7 20
Carpenters 7 20
Concrete Finishers g 75
Electricians
Ironworkers: 6.30
Structural
5.45
'Reinforcing
Laborers: 5.15
Air Tool Operator 5.15
I Asphalt Heater Operator 5.15
Asphalt Raker 5.15
Carpenter Helper 5.15
Chain Saw operator 5
' Checker Grade 5.5.1415
Concrete Finisher Helper
Concrete Joint Sealer 5,155,15
' Concrete Saw Operator 4 15
Flagger 5.45
Formsetter 4.25
Laborer 5.45
Pipelayer 6.40
Powderman 5.15
Vibratorman 6,20
'Painter 6.20
pile Driver Leadman
Power Equipment operators: 5,80
' Aggregate Spreader Operator
Asphalt Plant Fireman 5.80.85 ,85
Asphalt Plantdrier Operator 4 4
Batch Plant operator 56.90
Bulldozer Operator: Finish
Rough 5.65
Bull Float operator 5.65
' Concrete Curing Machine operator 5.65
Concrete Mixing Operator:
Less than 5 sacks 5.15
5 sacks or more 6.20
' BackhoeeRubbertired 1 yard or less
6.10
Cherry Picker operator 6.106,10
' Concrete Paver Operator 6.70
Concrete spreader
oprorshovel,
Crane, Derrick, Dragline,
Backhoe operators: 6.70
1-1/2 yards or less 7.20
Over 1-1/2 yards 5,65
Crusher Operator 5,65
Distributor operator
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Page 2 of 2 ARKANSAS DEPARTMENT of LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
DATE: September 1, 1992
PROJECT: Obstruction Lighting for
Drake Field FayettevilleArkansas,
CLASSIFICATION on or truck)
Drill operator (wagon
Elevating Grader Operator
Euclid or like Equipment Operator 25
(bottom or end dump) 56.10
Finishing Machine operator 5.05
Forklift operator 5,05
Front End Grader operator 6.70
Front End Operator: Finish
Rough 5.65
5.15
Hydro Seeder operator 6.90
Mechanic 5.25
Mechanic Helper
Motor Patrol Operator: Finish
.90
Rough 5.65
5.15
Mulching Machine operator 5.45
Oiler and Greaser 5
Pile Driver operator 56.4.20
Power Broom operator 5.15
Pug Mill Operator 5.15
Roller operator (self-propelled) 6 90
Scraper Operator: Finish 5.65
Rough 4.95
Sod Slicing Machine operator
Stabilizer Mixing Machine operator 5.65
Tractor Operator Crawler Type 5.15
Farm and Wheel 5.15
Wheel Type (with
attachment 1 yard or under)
Trenching Machine Operator
Stonemasons
Truck Drivers:
Distributor Truck
Semi-
trailer
lowboy
Transmit Mix
Truck Drivers
30Lig t- l ss than
Truck Drivers (Heavy -more than
3000 lbs.)
DETERMINATION 0: 92-46
COUNTY: Washington
EXPIRATION DATE: 2/28/93
BASIC
HOURLY
RATE
5.65
6.70
5.55
5.55
7.20
5.45
5.45
5.65
5.45
4.85
5.15
6.90
FRINGE
BENEFITS
Well Drillers
Welders -receive rate prescribed for craft performing operation to
which welding is incidental.
CERTIFIED
JULY 6, 1992
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WAGE. LABOR. EEO AND SAFETY REQUIREMENTS
SECTION A (FEDERAL AVIATION ADMINISTRATION REQUIREMENTS)
AA=1. Airport Improvement Program. The work in this Contract
is included in Airport Improvement Program Number 3-05-0020-11
which is being undertaken and accomplished by the City of
Fayetteville 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 (PL 97-248)
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 of the project that are determined to be
allowable project costs under that Act. The United States is not
a party to this Contract and no reference in this Contract to the
FAA or any representative thereof, or to any rights granted to the
FAA or any representative thereof, or the United States, 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 i• 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.
—5. Withholding: Sponsor from Contractor. Whether or not
payment or advances to 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.
Ate. 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.
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A-8. Subcontracts. The Contractor shall insert in each of his
subcontracts the provisions contained in paragraphs A-1, A-3, A-4,
A-5, A-6, and A-7 requiring the subcontractors to include these
provisions in any lower tier subcontracts which they may enter
into, together with a clause requiring this insertion in any
further subcontracts that may in turn be made.
A-9. Contract Termination. A breach of Paragraphs A-6, A-7,
and A-8 may be grounds for termination of the Contract.
SECTION B (SECRETARY OF LABOR REQUIREMENTS)
BB=1. Minimum Waaes
(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 Part 3), the full amounts due
at time of payment computed at wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment
computed at wage rates not less than those contained in the
wage determination of the Secretary of Labor which is 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 for bona fide fringe benefits under Section 1(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) (1) (i)). Such laborers and
mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage scale, 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 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.
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(b) (1) Any class of laborers or mechanics, including
apprentices and trainees, which is not listed in the wage
determination and which is to be employed under the
Contract, shall be classified or reclassified conformably
to the wage determination. Approval will be given for an
additional classification and wage rate, and fringe
benefits therefore, only when the following criteria have
been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; 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 rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to
be representatives, and City of Fayetteville agree on
the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a
report of the action take shall be sent by 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. (29 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 the 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.)
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(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 wage 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) (1) (iii) ).
(d) If the Contractor does not make payments to a trustee or
other third person, the Contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program. Provided, however, that the
Secretary of Labor has found, upon the written request of the
Contractor, 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)) .
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 Number 3-05-
0020-11 and Part 152 of the Federal Aviation Regulations (14 CFR
Part 152), the FAA 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 and trainees, 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).
Wage, Labor, EEO & Safety Regulations - 4
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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 and address 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 1(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 sub -paragraph (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 1(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 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)).
(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.
(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.
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(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 or 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 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 perform
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
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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 apprentice 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 on the wage
determination of 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
journeyman'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 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 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 CFR 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
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to journeymen on the job site shall be not 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 Administration 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 the 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) (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 CFR
Part 30 (39
CFR 5.5 (a)(4)(iii)).
(d) Application of
29 CFR 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 paragraph B-4 (a),
(b)
and (c)
above).
(e) Enforcement.
(i) The FAA shall promulgate the necessary regulations or
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
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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 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 ensure
consistent enforcement of the requirements of these
provisions. Enforcement of these provisions shall be in
accordance with 29 CFR 5.6.
B . Compliance with Copeland Regulations. The Contractor
shall comply with the Copeland Regulations (29 CFR Part 3) of the
Secretary of Labor which are herein incorporated by reference (29
CFR 5.5 (a) (5) ).
. Compliance with Davis -Bacon and Related Acts
Recruirements. 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.
$ j. 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 CRF Parts 5, 6, and 7.
Disputes within the meaning of this clause include sponsor, the
U.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 virture of Section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12 (2) (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 CFR
5.12(a) (1).
(c)
The
penalty for making
false
statements
is prescribed in
the
U.S.
Criminal Code, 18
U.S.C.
1001.
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5-9. Overtime Requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any laborer or mechanic in any work week in which he is
employed on such work to work in excess of 8 hours in any calendar
day or in excess of 40 hours in such work week unless such laborer
or mechanic received compensation at a rate not less than 1-1/2
times his basic rate of pay for all hours worked in excess of 8
hours in any calendar day or in excess of 40 hours in such work
week, as the case may be (29 CFR 5.5 (c)(1)).
B-10. Violations, Liability for Unpaid Wages, Liquidated
Damages. In the event of any violation of paragraph B-6 of this
provision, the Contractor and any subcontractor responsible
therefore 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 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 8 hours or in excess of the standard work week of
40 hours without payment of the overtime wages required by said
paragraph B-6 of this provision (29 CFR 5.5 (c)(2)).
B-11. Withholding for Unpaid Wages and Liquidated Damages, and
Priority of Payment. 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 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 any
laborer or mechanic employed in the performance of the contract to
work in surroundings or under working conditions that are
unsanitary, hazardous or dangerous to his health or safety as
determined under construction safety and health standards (29 CFR
Part 1926; 37 F.R. 27503) issued by the Secretary of Labor.
B-13. Subcontracts. The Contractor will 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 subcontracts to
include these provisions in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion in
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any further subcontracts that may in turn be made. The Contractor
shall be responsible for compliance by any subcontractor or lower
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 debarment as a Contractor or subcontractor as provided for
in 29 CFR 5.12.
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
ensure 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,
relation sex or national origin.
1C3. 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 workers' 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.
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, and will permit access to his books,
Wage, Labor, EEO & Safety Regulations - 11
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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 canceled,
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 rules, regulations, or orders of the
Secretary of Labor, or as otherwise provided by law.
CC --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 non-compliance: 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 interest of the United States.
SECTION D (HEALTH AND SAFETY REQUIREMENTS)
JZa. 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 shall not require any laborer or
mechanic employed in performance of the contract 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).
SECTION E (AIR AND WATER QUALITY
fr•j. 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
Wage, Labor, EEO & Safety Regulations - 12
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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 free of charge 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.
SECTION F (STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246, as
amended))
fri. 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:
Wage, Labor, EEO & Safety Regulations - 13
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Fops. vlllp Arkansas
(1) Black (all
' African racial
(2) Hispanic
Cuban, Central
or origin rega
persons having origins in any of the Black
groups not of Hispanic origin);
(all persons of Mexican, Puerto Rican,
or South America, or other Spanish culture
rdless of race);
(3) Asian and Pacific Island (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 and 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).
II F-2. Whenever the Contractor, or any subcontractor any peer,
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.
. If the Contractor is participating (pursuant to 41 CFR
60-4.5) in a Hometown Plan approved by the U.S. Department of Labor
II 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 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 efforts to achieve
the plan goals and timetables.
fig. The Contractor shall implement the specific affirmative
action standards provided in paragraphs F -7.a. through F -7.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
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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) Ensure 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 Contractor, 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 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 organizations' responses.
(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
Wage, Labor, EEO & Safety Regulations - 15
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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 therefore 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 7b 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
meeting 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.
(g) 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
foreman, 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
Wage, Labor, EEO & Safety Regulations - 16
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Contractor's EEO policy with other Contractors and
subcontractors with whom the Contractor does or anticipates
doing business.
(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 work force.
(k) Validate all tests and other selection requirements where
there is an obligation to do so under 41 CFR 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) Ensure 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) Ensure 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.
Wage, Labor, EEO & Safety Regulations - 17
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(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.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their
affirmative action obligations (7a 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 7a 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
women in industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority and female work
force 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
noncompliance.
frI• A single goal for minorities and a separate single goal
for women have been established. The Contractor, however, is
required to provide EEO and take affirmative action for all
minority groups, both male and female, and all women, both minority
and non -minority, 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 under utilized).
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.
Wage, Labor, EEO & Safety Regulations - 18
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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 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 compliance 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).
SECTION G
BUSINESS ENTERPRISE CONTRACT PROVISIONS)
G-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.
GG=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
Wage, Labor, EEO & Safety Regulations - 19
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and perform contracts. Contractors shall not discriminate on the
basis of race, color, national origin or sex in the award and
Derformance of DOT -assisted contracts.
G--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.
G--9,. Subcontract Clauses. All bidders and potential
Contractors hereby assure that they will include the above clauses
in all subcontracts which offers further subcontracting
opportunities.
GG=5. It is Further Understood and Agreed.
(a) The award selection 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.
(b) 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
individual is 10 percent of the dollar value of this contract.
(c) 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 amount for each firm. If the responses
do not clearly show DBE participation will meet the goals
above, the apparent successful bidder must clearly
demonstrate, to the satisfaction of the airport sponsor, that
a good faith effort has in fact been made and that meeting
said goals is not reasonably possible. If any apparent low
bidder cannot do so, the contract may, at the option of the
airport sponsor, be awarded to the next low bidder able to
meet these requirements.
Agreements between bidder/proposer and a DBE in which the DBE
promises not to provide subcontracting quotations to other
bidder/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
sub -contractor.
The bidder shall
establish and maintain
records
and
submit
regular reports,
as required, which will
identify
and
assess
Wage, Labor, EEO & Safety Regulations - 20
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progress in achieving DBE subcontract goals and other DBE
affirmative action efforts.
SECTION H (MONTHLY EMPLOYMENT UTILIZATION REPORT (Standard Form
257 - Aug. 1976) Authorized By Section 204 Of Executive Order 11246
and 41 CFR 60-1.4(5))
The Contractor will file with the Area Director, U. S. Dept.
of Labor, CFCCP, P. O. Box 1296, Little Rock, Arkansas 72203, to
reach that office by the fifth of each month, beginning with the
effective date of the contract for the duration of the contract,
Monthly Employment Utilization Reports (Standard Form 257 following
page), in accordance with the instructions contained on the form.
Members of the Associated General Contractors Highway Heavy
Affirmative Action Plan are not required to submit Form CC -257
unless requested.
Wage, Labor, EEO & Safety Regulations - 21
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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 to 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 ADVERTISEMENT. A public announcement, as required by local
law, inviting bids for work to be performed and materials to be
furnished.
10-04 AIP. The Airport Improvement Program, a grant-in-aid
program, administered by the Federal Aviation Administration.
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 operation 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.
10-07 ASTM. The American Society for Testing and Materials.
10-08 AWARD. The acceptance, by the owner, of the successful
bidder's proposal.
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.
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.
' I10-11 CALENDAR DAY. Every day shown on the calendar.
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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 ITEM (PAY ITEM). A specific unit of work for which
a price is provided in the contract.
10-15 CONTRACT TIME. The number of calendar days or working 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 or working 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.
10-19 EQUIPMENT. 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 EXTRA 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
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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.
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.
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 providinc
light sources used on or near the airport or
buildings. The field lighting includes all
markers, floodlights, and illuminating devices
airport or to aid in the operation of aircraft
off from, or taxiing on the airport surface.
• or controlling the
within the airport
luminous signals,
used on or near the
landing at, taking
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 20 percent of the total amount of the
award 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
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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.
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/her 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/her 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 which
show the location, character, dimensions and details of the airport
and the work to be done and which are to be considered as a 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.
10-36 PROPOSAL. The written offer 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/her
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 effect 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
sewer lines; water lines; underdrains; electrical ducts, manholes,
handholes, lighting fixtures and bases; transformers; flexible and
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rigid pavements; navigational aids; buildings; vaults; and, other
manmade 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 construction.
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 25 percent, 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.
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.
10-47 WORKING DAY. A working day shall be any day other than a
legal holiday, Saturday, or Sunday on which the normal working
' forces of the contractor may proceed with regular work for at least
6 hours toward completion of the contract. Unless work is
suspended for causes beyond the Contractor's control, Saturdays,
Sundays and holidays on which the Contractor's forces engage in
regular work, requiring the presence of an inspector, will be
considered as working days.
END OF SECTION 10
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SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders).
20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the
owner satisfactory evidence of his/her competency to perform the
proposed work. Such evidence of competency, unless otherwise
specified, shall consist of statements covering the bidder's past
experience on similar work, a list of equipment that would be
available for the work, and a list of key personnel that would be
available. In addition, each bidder shall furnish the owner
satisfactory evidence of his/her financial responsibility. Such
evidence of financial responsibility, unless otherwise specified,
shall consist of a confidential statement or report of the bidder's
financial resources and liabilities as of the last calendar year or
the Contractor's last fiscal year. Such statements or reports
shall be certified by a public accountant. At the time of
submitting such financial statements or reports, the bidder shall
further certify whether his/her financial responsibility is
approximately the same as stated or reported by the public
accountant. If the bidder's financial responsibility has changed,
the bidder shall qualify the public accountant's statement or
report to reflect his/her (bidder's) true financial condition at
the time such qualified statement or report is submitted to the
owner.
Unless otherwise specified, a bidder may submit evidence that he is
prequalified with the State Highway Division and is on the current
'bidder's list'' of the state in which the proposed work is
located. Such evidence of State Highway Division prequalification
may be submitted as evidence of financial responsibility in lieu of
the certified statements or reports hereinbefore specified.
Each bidder shall submit ''evidence of competency'' and ''evidence
of financial responsibility'' to the owner no later than 10 days
prior to the specified date for opening bids.
20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders
with proposal forms. All papers bound with or attached to the
proposal forms are necessary parts and 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:
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a. Failure to comply with any prequalification regulations of
the owner, if such regulations are cited, or otherwise included, in
the proposal as a requirement for bidding.
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 QUANTITIES. 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 calculations 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 estimates of
quantities, or of the character, location, or other conditions
pertaining to the work. Payment to the Contractor 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,
General Provisions - 7
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deductions, or conclusions which he may make or obtain from his/her
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/her
proposal on the forms furnished by the owner. 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) both in words and
numerals for which he proposes to do each pay item furnished in the
proposal. In case of conflict between words and numerals, the
words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink. If
the proposal is made by an individual, his/her 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 and the name, titles, and business address of the
president, secretary, and the treasurer. Anyone signing a proposal
as an agent shall file evidence of his/her 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 following reasons:
a. If the proposal is on a form other than that furnished by
the 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.
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.
General Provisions - 8
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20-09 BID GUARANTEE. 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, 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
FORMS of this section.
END OF SECTION 20
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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
summation 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 bid prices
written in words and unit bid prices written in numbers, the unit
price written in words shall govern.
' 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 120 calendar days of the date
' specified for publicly opening proposals, unless otherwise
specified herein.
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
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is made, at which time, the unsuccessful bidder's proposal guaranty
will be returned. The successful bidder's proposal guaranty will
be returned as soon as the owner receives the contracts bonds as
specified in the 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 a surety bond or bonds which have been fully executed by the
bidder and the 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 bond or bonds shall be acceptable to the owner. Unless
otherwise specified in this subsection, the surety bond or 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 owner, along with the fully
executed surety bond or bonds specified in the subsection titled
REQUIREMENTS OF CONTRACT BONDS of this section, within 15 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 bond or bonds that have been executed by the successful
bidder, the owner shall complete the execution of the contract in
accordance with local laws or ordinances, and return the fully
executed contract to the Contractor. Delivery of the fully
executed contract to the Contractor shall constitute the owner's
approval to be bound by the successful bidder's proposal and the
terms of the contract.
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 15 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.
END OF SECTION 30
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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 25 percent (total cost
being based on the unit prices and estimated quantities in the
awarded contract). Alterations which do not exceed the 25 percent
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 25 percent
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.
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.
General Provisions - 12
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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 best 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/her own operations and the
operations of all his/her 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/her own operations and the operations of all
his/her 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
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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/her 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 STRUCTURES. 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.
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40-07 RIGHTS IN AND USE OF MATERIALS FOUND 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/her 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/her 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/her 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/her 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/her 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.
General Provisions - 15
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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 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.
END OF SECTION 40
General Provisions - 16
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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 the under contract.
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/her 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/her
determination that the affected work be accepted and remain in
place. In this event, the Engineer will document his/her
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/her 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
General Provisions - 17
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General Provisions - 18
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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/her
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/her interpretation and
decision, and such decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied
with two 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/her inspectors and with other contractors in every
way possible. The Engineer shall allocate he 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/her 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/her
authorized representative.
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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/her 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/her 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.
The Contractor shall arrange his/her work and shall place and
dispose of the materials being used so as not to interfere with the
operations of the other Contractors within the limits of the same
project. He shall join his/her 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 STARES. The Engineer shall
establish horizontal and vertical control only. The Contractor
must establish all layout required for the construction of the
work. Such stakes and markings as the Engineer may set for either
his/her own or the Contractor's guidance shall be preserved by the
Contractor. In case of negligence on the part of the Contractor,
or his/her 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.
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 48 hours following the breakdown or
malfunction, provided this method of operations will product
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.
General Provisions - 19
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Inspectors employed by the owner are authorized to notify the
Contractor or his/her representatives 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/her 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 with
the rights
of the
parties to
this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work
which does not form 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
General Provisions - 20
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Fayette vllle, Arkoneak
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CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done
beyond the lines shown on the plans or as 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/her hauling equipment and
shall correct such damage at his/her 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 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 Contractor of such noncompliance. Such
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Fa).n.vill., Arkan.a.
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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
notification, the Engineer may suspend any work
owner to correct such unsatisfactory mainte
depending on the exigency that exists. Any
incurred by the owner, shall be deducted from
become due the Contractor.
the Engineer's
necessary for the
tnance condition,
maintenance cost
monies due or to
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.
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/her 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
General Provisions - 22
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Incorparaha
Fayslbvills, Arkansas
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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 10 calendar
days, submit his/her 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.
END OF SECTION 50
General Provisions - 23
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SECTION 60
CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. 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).
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 stated. 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 FAA Advisory Circular (AC) 150/5345-1, Approved
Airport 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.
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. Unless otherwise designated, 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. Samples will be taken by a
qualified representative of the owner. All materials being used
are subject to inspection, test, or rejection at any time prior to
or during incorporation into the work. Copies of all tests will be
General Provisions - 24
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Canwlllnq
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furnished to the Contractor's representative at his/her 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 assembl
and the Contractor elects
the Contractor shall be
certificate of compliance
delivered to the work.
clearly identify each lot
y is specified by ''brand name or equal''
to furnish the specified 'brand name,''
required to furnish the manufacturer's
for each lot of such material or assembly
Such certificate of compliance shall
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 assemblies on the basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her 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 his/her
acceptance of the material or assembly.
flMCCl.11pnd
Incwp.ral.d
Fay fbvlll., Arkan.as
General Provisions - 25
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Should the Engineer conduct plant inspections, the following
conditions shall exist:
a. The Engineer shall have the cooperation and assistance of
the Contractor 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 STORGE 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 a copy of the property owner's permission.
General Provisions - 26
HCCI.11ana
CoowItin
Enaln.ers
Inaorperarea
Fayetteville, Arkansas
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All storage sites on private or airport property shall be restored
to their original condition by the Contractor at his/her 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 used 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.
END OF SECTION 60
General Provisions - 27
(landCoflSIJII
Enpin.srs
InosraxalsJ
Fapfl.vIJ10, Arkansas
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SECTION 70
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70--i 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/her 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/her employees.
70-02 PERMITS, LICENSES, AND TAXES. 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 costs, 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
reserves the right to authorize
or maintenance of any public of
National Oceanic and Atmospheric
a utility service of another go'
the progress of the work.
DISTURBED BY OTHERS. The owner
the construction, reconstruction,
• private utility service, FAA or
Administration (NOAA) facility, or
'ernment agency at any time during
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
facility, or a utility si
authorized to construct,
service or facility during
shall cooperate with such
or private utility service, FAA, or NOAA
arvice of another government agency be
reconstruct, or maintain such utility
the progress of the work, the Contractor
owners by arranging and performing the
General Provisions - 28
MCCI.i land
c;rpor
Co.wrrin,
Elginon
Inoorp.rat.a
fa)Hbvlll., Arkan.as
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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 Sates Government's (FAA's) agreement
with the owner, the owner has included provisions in this contract
pursuant to the requirements of the Airport Improvement Act of
1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and the Rules and Regulations of the FAA
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, FAA, 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/her 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 are unsanitary, hazardous, or dangerous to
his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control
his/her operations and those of his/her subcontractors and all
suppliers, to assure the least inconvenience to the traveling
public. Under all circumstances, safety shall be the most
important consideration.
flpogellane
Cons. I tin g
Enujn
eoa
mcerpoeroerone
Fo)eluvllle, Arkaneae
General Provisions - 29
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The Contractor shall maintain the free and unobstructed movement of
aircraft and vehicular traffic with respect to his/her own
operations and those of his/her 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, AND 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 of
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 AC 150/5340-1, 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/her parked construction equipment that may be
hazardous to the operation of emergency fire -rescue or maintenance
vehicles on the airport in reasonable conformance to AC 150/5370-2,
Operational Safety on Airports During Construction Activity.
The Contractor shall identify each motorized vehicle or piece of
construction equipment in reasonable conformance to AC 150/5370-2.
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.
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
General Provisions - 30
Mocl.11and
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Inaorporat.d
FarH.villo, Arkansas
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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/her 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 markers 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/her
manner or method of executing the work, or at any time due to
defective work or materials, and said responsibility 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/her own expense, such property to a condition
similar or equal to that existing before such damage or injury was
done, by repairing, 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 claims or amounts recovered from any infringements
General Provisions - 31
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Enpinaar.n
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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/her 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/her
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 effect 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
between the parties executing t
by any of the provisions of any
public or any member thereof
authorize anyone not a party to
personal injuries or property
provisions of the contract.
CLAUSE. It is specifically agreed
ae contract that it is not intended
part of the contract to create the
a third party beneficiary or to
the contract to maintain a suit for
damage pursuant to the terms or
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/her own estimate of the difficulties
involved in arranging his/her 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
Obstruction 90 Calendar Days from
Lighting Notice to Proceed 2 - 11
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
General Provisions - 32
MCCi.fCfld
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Inarpor.f.G
Fa,.n.vlll., Arkpn.p.
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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/her expense.
The Contractor shall make his/her 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 government 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/her 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 planting, seedings, and
soddings furnished under his/her 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 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/her operations to prevent the unscheduled interruption
of such utility services and facilities.
flMGCI.Fiend
Endlm.r.
Inpypor.rW
Foy.rLWII., Artama.
General Provisions - 33
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To the extent that such public or private utili
NOAA facilities, or utility services of another
are known to exist within the limits of the
approximate locations have been indicated on
owners are indicated as follows:
Utility Service Person to Contact
or Facility (Name, Title, Address, Phone)
by services, FAA, or
governmental agency
contract work, the
the plans and the
Owner's Emergency
Contact (Phone)
Electric Southwestern Electric Power Co. 1-501-521-3000
Ozarks Electric Cooperative 1-501-521-2900
Telephone S.W. Bell Telephone Co. 1-501-980-3100
Contel 1-800-482-8998
Gas Ark. Western Gas Co. 1-501-521-5400
Water Water Department
City of Fayetteville 1-501-521-1250
All Utilities Arkansas One Call 1-800-482-8998
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/her 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/her 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/her plan of
operations that would affect such owners.
Prior to commencing the work in the general
utility service or facility, the Contractor
such owner of his/her plan of operation.
opinion, the owner's assistance is needed
service or facility or the presence of a
owner is desirable to observe the work,
vicinity of an existing
shall again notify each
[f, in the Contractor's
to locate the utility
representative of the
such advice should be
General Provisions - 34
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Canwl/In/
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Foy.H.vnl., Arkan of
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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 have
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 ensure protection from damage due to the Contractor's
operations.
Should the Contractor damage or interrupt the operation of a
utility service 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/her
operations whether or not due to negligence or accident. The
contract owner reserves the right to deduct such costs from any
monies due or which may become due the Contractor, or his/her
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/her authorized representatives, or any officials
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,
General Provisions - 35
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C n wlli no
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Fayott.vwu., Arkansas
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shall not preclude or estop the owner from correcting any
measurement, estimate, or certificate made before or after
completion of the work, nor shall the owner be precluded or
estopped from recovering from the Contractor or his/her surety, or
both, such overpayment as may be sustained, or by failure on the
part of the Contractor to fulfill his/her 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 laws 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 partiulate and gaseous
matter.
70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise
specified in this subsection, 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/her 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/her 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 WORK
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.
END OF SECTION 70
flMOCl.fiond
Conwliinp
Eny1M.r.
lacerperot.d
Fo).n.vill., Ar*on.os
General Provisions - 36
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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/her 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. Unless otherwise specified, the
Contractor shall submit his/her 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, may 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/her 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.
For AIP contracts, the Contractor shall not commence any actual
construction prior to the date on which the notice to proceed is
issued by the owner.
McCI&Ivnd
Envmgn
InoorvvralM
Foy.B.Wllq Arknn.o.
General Provisions - 37
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80-04 LIMITATION OF OPERATIONS. The Contractor shall control
his/her operations and the operations of his/her 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/her operations
within an 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 OPERATIONS 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 the 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:
AOA The Periods of Type of Control
AOA Can be Closed Communications Authority
Required When Working
In AOA
None
N/A
80-05 CHARACTER OF WORKERS,
Contractor shall, at all times,
equipment for prosecuting the work
and time required by the contract,
N/A N/A
METHODS, AND EQUIPMENT. The
employ sufficient labor and
to full completion in the manner
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.
General Provisions - 38
MCCl.11.nd
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All equipment which is proposed to be used on the work shall be of
sufficient size and in such mechanical condition as to met
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 condition
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.
S0-06 TEMPORARY SUSPENSION OF 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
General Provisions - 39
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Engineer within the time period stated in the Engineer's order to
resume work. The Contractor shall submit with his/her 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 TINE. The number of
calendar or working 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:
a. CONTRACT TIME based on WORKING DAYS shall be calculated
weekly by the Engineer. The Engineer will furnish the Contractor
a copy of his/her weekly statement of the number of working days
charged against the contract time during the week and the number of
working days currently specified for completion of the contract
(the original contract time plus the number of working days, if
any, that have been included in approved CHANGE ORDERS or
SUPPLEMENTAL AGREEMENTS covering EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time
charged on the following considerations:
(1) No time shall be charged for days on which the
Contractor is unable to proceed with the principal item of work
under construction at the time for at least 6 hours with the normal
work force employed on such principal item. Should the normal work
force be on a double -shift, 12 hours shall be used. Should the
normal work force be on a triple -shift, 18 hours shall apply.
Conditions beyond the Contractor's control such as strikes,
lockouts, unusual delays in transportation, temporary suspension of
the principal item of work under construction or temporary
suspension of the entire work which have been ordered by the
Engineer for reasons not the fault of the Contractor, shall not be
charged against the contract time.
General Provisions - 40
Matl.11and
Conail tang
EMln..n
lncarp oraNO
Fay t.vill., Arkan.a.
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(2) The Engineer will not make charges against the
contract time prior to the effective date of the notice to proceed.
(3) The Engineer will begin charges against the contract
time on the first working day after the effective date of the
notice to proceed.
(4) The Engineer will not make charges against the
contract time after the date of final acceptance as defined in the
subsection titled FINAL ACCEPTANCE of Section 50.
(5) The Contractor will be allowed 1 week in which to
file a written protest setting forth his/her objections to the
Engineer's weekly statement. If no objection is filed within such
specified time, the weekly statement shall be considered as
acceptable to the Contractor.
The contract time (stated in the proposal) is based on the
originally estimated quantities as described in the subsection
titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section
20. Should the satisfactory completion of the contract require
performance of work in greater quantities than those estimated in
the proposal, 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 contract time shall not consider either
the cost of work or the extension of contract time that has been
covered by change order or supplemental agreement and shall be made
at the time of final payment.
b. 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 nonwork 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 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.
c. When the contract time is a specified completion date, it
shall be the date on which all contract work shall be substantially
completed.
General Provisions - 41
NCCl.11an0
GonsallinC
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Engin..r.
Inoorasrof.a
Fare. viii., Arkansas
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If the Contractor finds it impossible for reasons beyond his/her
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/her 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 extend the time for
completion in such amount as the conditions justify. The extended
time for completion shall then be in full force and effect, the
same as though it were the original time for completion.
80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or
working day, as specified in the contract, 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 contract and proposal as liquidated damages will be deducted
from any money due or to become due the Contractor or his/her
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/her contract.
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 wavier on the part of the owner of any of
its rights under the contract.
80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall
be considered in default of his/her 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 terms of the contract, or
a. 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
General Provisions - 42
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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, 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 completing 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.
terminate the contract or portion thereof by wri
the Contractor is prevented from proceeding with
contract as a direct result of an Executive Order
with respect to the prosecution of war or in
national defense.
The owner shall
tten notice when
the construction
of the President
the interest of
General Provisions - 43
MaCI. gland
Con*j Sting
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InOOrprD.Ia1.0
Fay ttevill., Arkansas
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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/her responsibilities for the
completed work nor shall it relieve his/her surety of its
obligation for and concerning any just claim arising out of the
work performed.
END OF SECTION 80
General Provisions - 44
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Foy./Mvlll., Arkunns
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SECTION 90
tl:lkIRJ;?'4A:4I 104
90-01 MEASUREMENT OF QUANTITIES. All work completed under the
contract will be measured by the Engineer, or his/her authorized
representatives, using United States Customary Units of Measurement
or the International System of Units.
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 (0.8 square meter) or less. Unless otherwise
specified, 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.
Unless otherwise specified, all contract items which are measured
by the linear foot such as electrical ducts, conduits, pipe
culverts, underdrains, 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 or
other acceptable methods will be used.
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
(907 kilograms) avoirdupois. All materials which are measured or
proportioned by weights shall be weighed on accurate, approved
scales by competent, qualified personnel at locations designed 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.
General Provisions - 45
ruunana
(:anka.Hny
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c ;rparEngin.sk
Ina>ppraNO
FaylflviI ., Arkannn
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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.
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 or 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 or hundredweight.
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
General Provisions - 46
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Fa)vlbvlllt, Arkansas
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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.
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 1
percent of the nominal rated capacity of the scale, but not less
than 1 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 the inspector can safely and
conveniently view them.
Scale installations shall have available ten standard 50 -pound (2.3
kilogram) 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 weighting -accuracy test will be
reduced by the percentage of error in excess of one-half of 1
percent.
In the event inspection reveals the scales have been
" underweighing " (indicating 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,
General Provisions - 47
Coneelring
Elgmun
nweeropE
Foyellevllle, Arkoneoe
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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 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/her
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
General Provisions - 48
MSCU11mM
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Enpinssn
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Fo,sllsvills, Arkpnsps
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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 the 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.
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.
General Provisions - 49
kCWt hand
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(5) Cost of property damage, liability and workman's
compensation insurance premiums, unemployment insurance
contributions, and social security tax.
Statements shall be accompanied and supported by a 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 cost 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.
From the total of the amount determined to be payable on a partial
payment, 10 percent of such total amount will be deducted and
retained by the owner until the final payment is made, except as
may be provided (at the Contractor's option) in the subsection
titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90
percent) of the amount payable, less all previous payments, shall
be certified for payment. Should the Contractor exercise his/her
option, as provided in the subsection titled PAYMENT OF WITHHELD
FUNDS of this section, no such 10 percent retainage shall be
deducted.
When not less than 95 percent of the work has been completed the
Engineer may, at his/her discretion and with the consent of the
surety, prepare an estimate from which will be retained an amount
not less than twice the contract value or estimated cost, whichever
is greater, of the work remaining to be done. The remainder, less
all previous payments and deductions, will then be certified for
payment to the Contractor.
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.
General Provisions - 50
Macet nand
COOWI tin q
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Inacra.raMd
Fayette viii., Arkan.a.
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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 anytime 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/her 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.
No partial payment will be made for stored or stockpiled living or
perishable plant materials.
General Provisions - 51
MCC1e❑and
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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. At the Contractor's option,
he/she may request that the owner accept (in lieu of the 10 percent
retainage on partial payments described in the subsection titled
PARTIAL PAYMENTS of this section) the Contractor's deposits in
escrow under the following conditions.
a. The Contractor shall bear all expenses of establishing and
maintaining an escrow account and escrow agreement acceptable to
the owner.
b. The Contractor shall deposit to and maintain in such
escrow only those securities or bank certificates of deposit as are
acceptable to the owner and having a value not less than the 10
percent retainage that would otherwise be withheld from partial
payment.
c. The Contractor shall enter into an escrow agreement
satisfactory to the owner.
d. The Contractor shall obtain the written consent of the
surety to such agreement.
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/her 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 the 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.
General Provisions - 52
MCCI. llaM
' a Canwlena
InCCfa.rofl0
Foflt .vill., Arkansas
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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.
END OF SECTION 90
General Provisions - 53
MCCIIIIOIW
ton S Ii
Elglnors
IncvrperalpA
FayH evllb, ArkoNO1
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SPECIAL PROVISIONS
GENERAL. The General Provisions presented hereinbefore are
basically a presentation of FAA's (the primary funding agency's)
standards. These SPECIAL PROVISIONS, where in conflict with the
GENERAL PROVISIONS, shall supersede and take precedence over the
GENERAL PROVISIONS. Otherwise, the GENERAL PROVISIONS shall govern
the work to which they apply.
DESCRIPTION OF THE PROJECT. The work to be performed under this
Project will consist of one (1) Contract and includes the
furnishing of all equipment, materials, and incidental items, and
performing all labor required to construct in every detail the
clearing and grubbing, grading, access road obstruction lighting,
gates and fence, seeding and etc.
SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES
"Safety Requirements on Airports During Agency Funded Construction
Activity" (Order SW 5200.5). These safety requirements shall
govern the construction process.
Notams
(a) The Airport Owner shall issue the necessary Notice to
Airmen (NOTAMS) to reflect hazardous conditions during
construction. The Contractor shall provide the Engineer
with the necessary information as to the work schedule in
advance so the Engineer may coordinate with and provide
the Owner with the work schedule for the issuance of the
NOTAMS. It is important that NOTAMS be kept current and
reflect the actual conditions with respect to the
construction situation. Active NOTAMS shall be reviewed
periodically and revised to reflect the current
conditions.
Clean-up. From time to time the Contractor shall clean
up the construction site, 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 work pertaining to the
several items of the contract.
MCGl.11and
fl ning
fnpin..r.
InaO.roMe
Fay.f/.vill., Arkan.a.
Special Provisions - 1
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Entrance. Parking Areas and Security. Forces of the
Contractor and the Engineer shall enter and leave the
project worksites at the gravel road locations shown on
the Plans. Only these designated entrances shall be
used. The Contractor's personnel vehicle parking shall
utilitize only the easement areas shown on the Plans.
The movement of equipment and materials shall be made
through the designated gate(s). See the paragraph which
follows, entitled CONTRACTOR'S ROUTINE ACCESS TO SITE.
Schedule of Work. The schedule of each day's work shall
be as proposed by the contractor, but subject to the
approval of the Engineer. The schedule need not be
elaborate but shall be in detail sufficient to show
clearly the exact work that the Contractor is proposing.
At the first part of each operation, and until some table
of experience has been developed, the proposed work shall
be on the conservative side.
IDENTIFICATION OF "ENGINEER". "Engineer" shall mean the firm of
McCLELLAND CONSULTING ENGINEERS, INC., which has been employed by
the Owner for this work, or the firm's duly authorized agents, such
agents acting severally within the scope of the particular duties
entrusted to them, whose decisions shall, in all cases, be subject
to final approval by the Engineer.
AUTHORITY OF THE ENGINEER. The Engineer shall have the following
authority:
(1) to interpret the Plans and Specifications and define
their intent and meaning;
(2) to determine whether the work done and materials
furnished are in accordance with the terms of the Plans
and Specifications and to condemn such in accordance
herewith;
(3) to make decisions on all matters relating to the
execution and the progress of the Work;
(4) to coordinate the Work of the Contractor with the Work of
other contractors;
(5) to stop the Work whenever, in the opinion of the
Engineer, such stoppage may be necessary to insure the
proper execution thereof;
(6) to determine the amount payable to the Contractor from
time to time for Work done under the Contract;
Mea.none
ting
£Mln.rr+
Innxp.ra"A
FOriH.vlll., ArSnw
Special Provisions - 2
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(7) to make decisions on all controversies arising out of the
Plans and Specifications or the refusal or failure of
either party to perform any part thereof;
(8) to give approvals and to take action to the extent
necessary for the orderly and expeditious prosecution of
the Work; but the Engineer shall not have authority to
amend or modify the Construction Contract;
(9) to delegate his responsibilities to other representatives
of the Owner in connection with specific portions of the
Work;
(10) to disapprove or reject Work which is "defective" (which
term is hereinafter used to describe Work that is
unsatisfactory, faulty or defective, or does not conform
to the requirements of the Plans and Specifications, or
does not meet the requirements of any inspection, test or
approval referred to hereafter or has been damaged prior
to approval of final payment);
(11) to require special inspection or testing of the Work as
provided for hereafter whether or not the Work is
fabricated, installed, or completed;
(12) to exercise his best efforts to insure faithful
performance by both the Owner and the Contractor. He
will not show partiality to either and will not be liable
for the result of any interpretation or decision rendered
in good faith. Claims, disputes and other matters
relating to the execution and progress of the Work or the
interpretation of or performance under the Plans and
Specifications shall be referred to the Engineer for
decision; which he will render in writing within a
reasonable time;
All decisions and determinations made by the Engineer
pursuant to the Work and communicated to the Contractor
shall be binding on the Contractor unless, within thirty
(30) days thereafter, written objection is filed with
the Owner's Purchasing Agent demanding that the issue be
determined by arbitration.
LIMITATIONS
OF
THE
ENGINEER'S
RESPONSIBILITIES.
Neither
the
Engineer's authority
to act under
the Plans and Specifications
nor
any decision made by him in good faith either to exercise or not
exercise such authority shall give rise to any duty or
responsibility of the Engineer to the Contractor, any
Subcontractor, any materialman, fabricator, supplier, or any of
their agents or employees or any other person performing any of the
Work. The Engineer will not be responsible for the Contractor's
Special Provisions - 3
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MCCNIIand
coca' it
Enpinaan
Inaorasrafad
Foysllsvllle, Arkansas
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means, methods, techniques, or procedures of construction, or the
safety precautions and programs incident thereto, and he will not
be responsible for the Contractor's failure to perform the Work in
accordance with the Plans and Specifications. The Engineer will
not be responsible for the acts or omissions of the Contractor, or
any Subcontractors, or any of his or their agents or employees, or
any other persons at the site or otherwise performing any of the
work.
ENGINEER'S VISITS TO THE SITE. The Engineer will make periodic
visits to the site to observe the progress and quality of the
executed Work and to determine, in general, if the Work is
proceeding in accordance with the Plans and Specifications. He
will not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the Work. His
efforts will be directed toward providing assurance for the Owner
that the completed Project will conform to the requirements of the
Plans and Specifications. On the basis of his on -site
observations, he will keep the Owner informed of the progress of
the Work and will endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
All of the work performed shall be subject to the inspection and
approval of the Engineer. The Engineer and his representatives
shall at all times have access to the work and the materials
necessary for the performance thereof, and the Contractor shall
provide proper facilities for access and inspection. If the Plans
and Specifications, the Engineer's instructions, laws, ordinances,
or any public authority require any of the work to be tested or
approved, the Contractor shall give the Engineer timely notice of
its readiness for inspection and, if the inspection is by authority
other than the Engineer, of the date fixed for such inspection, but
any such inspection shall not diminish the necessity of inspection
and approval by the Engineer. Inspections made by the Engineer
shall be promptly made. If any work should be covered up without
the approval or consent of the Engineer, it must be uncovered for
inspection at the Contractor's expense if required by the Engineer.
CONTRACTOR'S EXAMINATION. The Contractor will be held to have
examined all information, documents, and drawings furnished to him
by or on behalf of the Owner in connection with this Contract and
shall consult with the Engineer in the event of any error or
inconsistency or in the event any portion of the Work is not
sufficiently detailed or explained, and in no event shall the
Contractor proceed with the Work in uncertainty. It is understood
and agreed that the Contractor has, by personal examination at the
site, checked the material and location of the work; the type of
equipment, storage space and facilities needed preliminary to, and
during execution of the work; the general and local conditions, and
all other matters which may, in any way, affect or have a bearing
on the work of the Contract and its costs. The Contractor also
MCCI.Ilend
consul Ping
Eminun
InwrparoNd
Fa,vn.vllls, Arkamaw
Special Provisions - 4
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represents that he has studied all surveys and investigation
reports of subsurface and latent physical conditions provided in
the Specifications and made such additional surveys and
investigations as he deems necessary for the performance of the
Work at the Contract price in accordance with the requirements of
the Plans and Specifications and that he has correlated the results
of all such data with the requirements of the Plans and
Specifications. Failure on the part of the Contractor to have
fully informed himself of site conditions, and to fully understand
the extent of the Work required, shall not excuse him in any way
from his obligation to supply and install the Work in accordance
with the Specifications and Plans, and under all conditions as they
exist. No extra compensation will be allowed because of his
failure to so inform himself. His submission of a bid on the
project shall be considered as sufficient evidence that the
Contractor has complied with the above requirements.
ARRANGEMENT OF SPECIFICATIONS AND PLANS. Titles to sections and
paragraphs in the Specifications are used merely for convenience,
and shall not be taken as a correct or complete segregation of the
several units of materials, equipment and labor, nor as an attempt
to outline or define jurisdictional procedures. Likewise, the
identifications of any Plans shall not control the Contractor in
dividing the Work among Subcontractors or delineating the Work to
be performed by any specific trade. No responsibility, either
direct or implied, is assumed by the Engineer, or the Owner, for
omissions or duplications by the Contractor or by any of his
subcontractors, due to real or alleged errors in arrangement of
matter in the Plans and Specifications.
WORKMEN. The Contractor shall employ, or cause to be employed, on
or in connection with the performance of the Work only persons who
are fit and skilled in the work assigned. The Contractor shall at
all times enforce, or cause to be enforced, strict discipline and
good order among the workmen employed on the Work. Should any
disorderly, incompetent, or objectionable person be employed by the
Contractor, or by any subcontractor, upon or about the Construction
Site, the Contractor shall, upon request of the Engineer, cause
such person to be removed from the Work and not again employed
thereon without the written permission of the Engineer.
HORSEPLAY. FIGHTING AND ROAMING. Horseplay, scuffling, fighting or
carrying of firearms is not permitted on the Construction Site.
The Contractor's men shall confine their activities to the specific
area of construction work.
INSURANCE GENERAL
The Contractor shall provide (from insurance companies acceptable
to the Owner) the insurance coverage designated hereinafter and pay
all costs.
MCCI.IIond
a Cansal.r,
Enpina InCOfpNaIItI
Fa7.n.Wll., Arkoma.
Special Provisions - 5
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Before execution of the Contract, Contractor shall furnish the
Owner with complete copies of all insurance policies and
certificates of insurance specified herein showing the type,
amount, class of operations covered, effective dates, and date of
expiration of policies, and containing substantially the following
statement. "The insurance covered by this certificate will not be
canceled or materially altered, except after 30 days written notice
has been received by the Owner".
In
case
of the
breach of
any
provision of
this Article, the
Owner
at
his
option,
may take
out
and maintain,
at the expense
of the
Contractor, such insurance as the Owner may deem proper and may
deduct the cost of such insurance from any monies which may be due
or become due the Contractor under this Contract.
CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not
execute the Contract or commence Work under this Contract until he
has obtained all the insurance required hereunder and such
insurance has been reviewed and approved by the Owner, nor shall
the Contractor allow any subcontractor to commence Work on his
subcontract until insurance specified below has been obtained.
Review of the insurance by the Owner shall not relieve or decrease
the liability of the Contractor hereunder.
COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor
shall maintain during the life of this Contract the statutory
Workmen's Compensation, in addition, Employer's Liability Insurance
in an amount not less than $100,000 for each occurrence, for all of
his employees to be engaged in Work on the Project under this
Contract and, in case any such Work is sublet, the Contractor shall
require the subcontractor similarly to provide Workman's
Compensation and Employer's Liability Insurance for all of the
latter's employees to be engaged in such Work. Where Work under
this Contract includes any water or navigational exposure, coverage
shall be included to cover the Federal Longshoremen's and
Haborworker's Act and the Federal Jones Act. Employer's Liability
Insurance shall be extended to include waiver of subrogation to the
Owner.
GENERAL LIABILITY INSURANCE The Contractor shall maintain during
the life of this Contract such general liability, completed
operations and products liability, and automobile liability
insurance as will provide coverage for claims for damages for
personal injury, including accidental death, as well as for claims
for property damage, which may arise directly or indirectly from
performance of the Work under this Contract. The general liability
policy should also specifically ensure the contractual liability
assumed by the Contractor under Article Indemnification. Coverage
for property damage shall be on a "broad form" basis with no
Macleilond
Enqiniir.
mcpa erolM
FaM/ericq Arkonew
Special Provisions - 6
exclusions for "XC & U". Amount of insurance to be provided shall
be as shown below:
1. Contractor's Comprehensive Genera
For not less than the
liability:
Bodily Injury: $500,000
$500,000
Property Damage: $250,000
$250,000
1 Liability Insurance
following limits of
each occurrence
aggregate
each occurrence
aggregate
Include the following coverage:
o Waiver of all "XCU" exclusions.
o Broad Form Property Damage and Personal
Injury Liability.
o Independent Contractor's Coverage
2. Contractor's Comprehensive
Automobile
Liability Insurance
For not less
than
the
following limits of
liability:
Bodily Injury:
$
500,000
each person
$1,000,000
each occurrence
Property Damage:
$
100,000
each occurrence
OR
Bodily Injury and Property Damage: $1,000,000 combined
single limit each occurrence.
Include Hired car and Non -Ownership Coverage.
3. Contractor's Excess Umbrella policy: $1,000,000 limit of
liability policy shall be provided.
ENGINEER SHALL BE INCLUDED AS ADDITIONAL INSURED:
Insurance certificates furnished by the Contractor and/or
subcontractor(s) shall include the Engineer as an
"Additional Insured" for all Liability and Property
Damage policies.
Special Provisions - 7
MCClallond
a Conwmny
Enalnon
Thwppra"a
Fays".Wlls, Arkansas
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In the event any Work under this Contract
a subcontractor, the Contractor shall be
any liability directly or indirectly ari
Work performed under this Contract by a
which liability is not covered by the
insurance.
is performed by
responsible for
sing out of the
subcontractor,
subcontractor's
The Contractor's and any subcontractor's general
liability and automobile liability insurance policies
shall include the Owner and Engineer, their officers,
agents, and employees as additional insured for any
claims arising out of Work performed under this Contract.
BUILDER'S RISK ALL-RISK INSURANCE The Contractor shall secure and
maintain during the life of this Contract, Builders Risk All Risk
Insurance coverage in an amount equal to the full replacement value
of structures, equipment, electrical, and mechanical systems only.
Such insurance shall not exclude coverage for earthquake,
landslide, flood, collapse, blasting, or loss due to the results of
faulty workmanship and shall provide for losses to be paid to the
Contractor, Subcontractor, and the owner as their interests may
appear.
OAR'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE The
contractor's shall, at his expense, provide the Owner with an
Owner's and Contractor's Protective Liability Insurance Policy
naming the Owner as the named insured and the Engineer, its
architects and engineers, and each of their officers, agents, and
employees as additional insured under that policy, said policy to
protect said parties from claims which may arise from operations
under the Contract.
Limits of policy coverage shall be:
Bodily Injury: $ 500,000 each person
$1,000,000 aggregate
Property Damage $ 250,000 each person
$ 250,000 aggregate
OR
$1,000,000 combined -single limit each
occurrence/aggregate.
INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is
to be accomplished within a public or private right-of-way
requiring special insurance coverage, the Contractor shall conform
to the particular requirements and provide the required insurance.
The Contractor shall include in his liability policy all
endorsements that the said authority may require for the protection
Special Provisions - 8
' MnllaM
Conwwll.na
F.11/Ilpar!
InwrOararaE
Fayaflavilla4 Arkunn.
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of the authority, its officers, agents and employees. Insurance
coverage for special conditions, when required, shall be provided
as set forth in these SPECIAL PROVISIONS.
NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of
the provisions hereof in exercising any authority granted by the
Contractor, there will be no personal liability upon any public
official.
INDEMNITY The Contractor shall indemnify and hold harmless the
Owner, the Engineer, and their agents and employees from and
against damages, losses, and expenses including attorney's fees, up
to the amount of the Contract price, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury,
sickness, disease, or death, or to injury or to destruction of
tangible property (other than the Work itself), including the loss
of use resulting therefrom, and (2) is caused in whole or in part
by any act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, provided that such claims, damages,
losses, and expenses are not proximately caused by the negligence
of any indemnitee in the design, or by the sole negligence of any
indemnitee in the observation of the Work that is the subject of
this construction Contract.
In any and all
their agents o
subcontractor,
them or anyone
indemnification
in any way by
compensation,
r
claims against the Owner, the Engineer, or any of
employees by any employee of the Contractor, any
anyone directly or indirectly employed by any of
for whose acts any of them may be liable, the
obligation under this Article shall not be limited
any limitation on the amount or type of damages,
or benefits payable by or for the Contractor or any
subcontractor under Workmen's Compensation Acts, Disability Benefit
Acts, or other Employee Benefit Acts.
The above named limits shall be operative except where, in the
opinion of the Owner, the character of the work and hazards
involved warrant the establishment of greater coverage (established
by letter from the Owner to the Contractor). The Contractor shall
furnish the Owner with duplicate copies of all policies or
certificates from insuring agencies as evidence that these
requirements have been satisfied. It shall be the entire
responsibility of the Contractor to purchase and place in effect
during the entire life of the Project, all insurance and bonds as
applies to the Project and is requested herein.
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
MCCIUrana
fl Cons, I?!
Enprnon
rnaa.cxor.a
Faprnnvia, Artonnas
Special Provisions - 9
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addition, the bidder shall provide a statement of premium cost
issued by the agent or insurance carrier for that coverage.
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.
Third Party Coverage The bidding documents require the contractor
to name the consultant and 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, for the named Owner and Engineer, above the
premium for the coverage shown in the Certificate of Insurance
submitted with the bid. The 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
under Bid Item No. 11.
SUBCONTRACTORS. The Contractor shall not assign or sublet all or
any part of this Contract without the prior written approval of the
Owner, nor shall the Contractor allow such Subcontractor to
commence work until he has provided and obtained approval of such
compensation and General Liability insurance as may be required
under the laws of the State. The approval of such Subcontract by
the Owner will in no manner release the Contractor from any of his
obligations as set out in the Plans, Specifications, Contract and
Bonds.
CONTRACTOR'S ROUTINE ACCESS TO SITE. The location and route to be
used by the Contractor for the use of his employees,
subcontractors, suppliers, etc. in gaining routine access to the
site on a daily basis is described in Section "SAFETY REQUIREMENTS
AND CONSTRUCTION PROCEDURES" of these SPECIAL PROVISIONS. The
Owner may limit the areas available for parking for the
Contractor's work force.
OWNER -FURNISHED MATERIALS. Section 60-02 of the GENERAL
PROVISIONS, as related to Owner -furnished materials is clarified as
follows: there are owner -furnished materials planned for this
project. The locks for the gates shall be obtained from the
"CCbllond
Con on�Wfr.
ona,I Inarp xalod
Fo),It.vlllt, Arkon.o'
Special Provisions - 10
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Airport Manager. All materials required for completion of the
project are to be provided by the Contractor.
QUALITY OF THE PLANS. The Plans have been made with care but
cannot be assumed to be correct in every detail when some of the
conditions to be encountered may not be shown on existing maps and
are underground.
The approximate locations of existing improvements are shown. The
placing of this information on the Plans in no way obligates the
Owner or Engineer as to its correctness, as it is indicative only
and is placed there for information and assistance to the
Contractor. It is the expressed intent of these Plans and
Specifications that the Contractor is to make his own investigation
of conditions to be encountered, and the submission of the
Proposal by the Contractor for the work constitutes his compliance
with this requirement.
Minor details not usually shown or specified, but necessary for the
proper installation and operation, shall be included in the work as
if shown or specified. Wherever the work "provide" is used, it
shall mean "furnish and install complete and ready for use."
The accuracy of dimensions shown on drawings furnished to the
Contractor by the Engineer having reference to any existing work,
structure or facility is not guaranteed. The Contractor shall
satisfy himself to such accuracy of such existing dimensions before
starting the work.
Whenever existing obstructions or dimensional inaccuracies capable
of verification by the Contractor in the field, or minor variations
in indicated arrangements or dimensions of equipment, interfere
with the installation as shown on the Plans, the Contractor shall
make such necessary alterations as are approved by the Engineer and
such alterations shall not constitute a basis for extra payment.
PARTIAL ACCEPTANCE. Sections 50-14 and 70-13 of the GENERAL
PROVISIONS do not apply to this project. The entire project is to
be satisfactorily completed and ready for the Owner's use before
acceptance.
PROGRESS SCHEDULE. Section 80-03 of the GENERAL PROVISION is
emphasized. Within 7 days following execution of the Contract, the
Contractor shall provide the Engineer with a suggested progress
schedule for the project. The schedule shall be subject to
approval by the Engineer.
At least monthly, generally in conjunction with the processing of
requests for partial payment, the Engineer and Contractor shall
review the progress schedule, assess whether the project is on
schedule, and adjust the schedule as necessary to maintain the
Modle flood
[.nulling
Enpineers
InaorperaM
Fa)el"ville, Artunsos
Special Provisions - 11
required project completion date. Alterations to the progress
schedule may require that the Contractor implement a larger work
force and/or work weekends and/or holidays to meet the required
deadline. Extra payment will not be made for required changes in
size of work force or work hours.
CONTRACTOR TO PERFORM CONSTRUCTION STAKING. Special attention is
called to the fact that the Contractor will be required to perform
his own construction staking. The Engineer, however, will provide
a reference line for project alignment and a temporary bench mark
from which the Contractor may work. Thereafter it will be the
Contractor's responsibility to set all grade hubs (blue tops),
clearing stakes, slope stakes, etc.
The Contractor shall verify all grades and dimensions as shown on
the Plans, and he shall report any errors or inconsistencies in the
above to the Engineer before commencing work. The Contractor will
be held responsible for the accuracy of the layout of all the work.
All of the Contractor's survey work will be subject to the review
of the Engineer's representative as a part of the construction
observation process.
In addition to the locations where spot elevations are shown on the
grading plan, the Contractor will be required to set grade hubs at
a maximum of fifty (50') foot centers for construction of the
subgrade and base courses.
WORK DONE WITHOUT LINES AND GRADES. Any Work done without lines,
grades, or levels being given properly established, or done without
the approval of an inspector or other representative of the Owner,
may be ordered removed and replaced at the Contractor's cost and
expense.
PRESERVATION OF MONUMENTS AND STAKES. The Contractor shall
carefully preserve all monuments, bench marks, reference points and
stakes, and in case of willful or careless destruction of the same,
he will be charged with the resulting expense of replacement, and
shall be responsible for any mistakes or loss of time that may be
caused by their unnecessary loss or disturbance. In the event that
the stakes and marks placed by the Engineer are destroyed
through carelessness on the part of the Contractor, and that the
destruction of these stakes and marks causes a delay in the work,
the Contractor shall have no claim for damages or extensions of
time. In the case of any permanent monuments or bench marks which
must of necessity be removed or disturbed in the construction of
the work, the Contractor shall carefully protect and preserve the
same until they can be properly referenced and relocated. The
Contractor shall also furnish at his own expense such materials and
assistance as are necessary for the proper replacement of
monuments or bench marks that have been moved or destroyed.
Special Provisions - 12
flMCC,* end
EMIn t.
IncorpMa1M
FOJH/nvlll�, ArSAHS
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OTHER CONTRACTORS The Owner may perform additional work related
to the Project by himself, or he may let other direct contracts
therefore similar to this one. The Contractor shall afford the
other contractors who are parties to such direct contracts (or the
Owner, if he is performing the additional work himself), reasonable
opportunity for the introduction and storage of materials and
equipment and the execution of Work, and shall properly connect
and coordinate his Work with theirs.
If any part of the Contractor's Work depends on proper execution or
results upon the Work of any such other contractor (or Owner), the
Contractor shall inspect and promptly report to the Engineer in
writing any defects or deficiencies in such Work that render it
unsuitable for such proper execution and results. His failure to
so report shall constitute an acceptance of the other Work as fit
and proper for the relationship of his Work except as to defects
and deficiencies which may appear in the other Work after the
execution of this Work.
The Contractor shall do all cutting, fitting and patching of his
Work that may be required to make its several parts come together
properly and fit it to receive or be received by such other Work.
The Contractor shall not endanger any Work of others by cutting,
excavating or otherwise altering their Work and will only cut or
alter their Work with the written consent of the Engineer and of
the other contractors whose Work will be affected.
If the performance of additional Work by other contractors or the
Owner is not noted in the Plans and Specifications prior to the
execution of the Contract, written notice thereof shall be given to
the Contractor prior to starting any such additional Work. If the
Contractor believes that the performance of such additional Work by
the Owner or others involves him in additional expense or entitles
him to an extension of the Contract Time, he may make a claim
therefore.
RECORD DRAWINGS. The Contractor shall keep one record copy of all
Project Specifications, Plans, Addenda, Modifications, and Shop
Drawings at the site in good order and annotated to show all
changes made during the construction process. These shall be
available to the Engineer and shall be delivered to him for the
Owner prior to final acceptance of the Project.
PUBLICITY. No information relative to the Work shall be released
by the Contractor, either before or after completion of the Work,
for publication or for advertising purposes without the prior
written consent of the Owner and the Engineer.
flMccblland
Goa wit! a
Enpmon
IncvrperpHO
foy.Aerllle, AManeoe
Special Provisions - 13
MODIFICATIONS AND WAIVERS. No change in, addition to, or waiver of
any of the provisions of the Construction Contract shall be binding
upon either Party unless in writing signed by an authorized
representative of such Party. No waiver by either Party of any
breach of the other Party of any of the provisions of the
Construction Contract shall be construed as a waiver of any
subsequent breach, whether of the same or of a different provision
of the Construction Contract.
STANDARDS. Materials or processes for which ASTM standards have
been adopted shall, unless in conflict with specified requirements,
meet the requirements of the latest edition of the ASTM standards.
Where a specified material is followed by a reference to a
specification, standard, test method or code such as "ASTM C150",
"ASA Code", etc., it shall be understood to mean that the material
shall meet the requirements of the referenced specification,
standard, test method or code; and, except where a specific edition
is referred to, it shall be understood that the latest edition
including additions and/or amendments thereto, as of the date the
Contract is awarded, shall apply to Work under this Contract.
TESTING. The Engineer will conduct OR CALL FOR compaction tests on
earthwork, as necessary to assure proper compaction and therefore,
a stable, a subgrade and base. Also, concrete cylinder tests will
be made by a laboratory of the concrete used in the project at 7
days and 28 days of age to assure that quality concrete is being
delivered to the job. The cost of the tests will be borne by the
Owner, except that retests, made after first tests have failed,
will be paid for by the Contractor. In view of this, the
Contractor will want to be certain that he is ready for tests when
he requests that they be made.
The Contractor shall give the Engineer at least 24 hours notice, as
to when any part of the Work will be ready for observation and/or
testing. No part of Saturdays or Sundays shall be counted as part
of the required hours of notice.
The Engineer shall have the right to order special tests not
required by the Specifications and/or the Plans, whereupon the
Contractor shall promptly perform such tests. If the portion of
the Work so tested proves to be in accordance with the
Specifications and the Plans, all costs involved in such testing
shall be paid for the Owner and if such testing delays the Work,
the time within which the Work is to be completed shall be extended
by a mutually agreed to period of time. If the portion of the Work
so tested, however, proves to be not in accordance with the
Specifications and the Plans, all costs involved in such testing
shall be paid for by the Contractor and the time within which the
Work is to be completed shall be extended by a mutually agreed to
period of time.
Special Provisions - 14
MCClplland
CbnwUlny
Enylnssrs
Inpa'psralsd
Fsys"svdb, Artansps
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Neither observations by the Engineer nor the inspections, tests or
approvals by persons other than the Contractor shall relieve the
Contractor from his obligations to perform the Work in accordance
with the requirement of the Plans and Specifications.
PAYMENT FOR STORED MATERIALS. If the Contractor desires to be paid
for "stored materials" in conjunction with one of the monthly
progress payments, he shall provide the following documentation to
the Engineer:
(1) Itemized invoices from the supplier(s) of the materials
giving a clear description of each stored item and its
individual value. Invoices shall be clearly descriptive
and identified as being for the particular project
covered by these Specifications.
(2) Insurance certificates covering the total value of all
materials stored "off -site" (one for each separate
off -site location) listing both the Owner and the
Contractor as insured "as their interests may appear".
(3) Legal titles to all items of stored materials certifying
that the items are "free of liens and encumbrances".
COST OF PLANS AND SPECIFICATIONS. The Engineer shall provide to
each prime Contractor three (3) sets of Plans and Specifications to
permit the Contractor to construct the project. The Contractor
shall, in return, compensate the Engineer with payment of fifty
dollars ($50.00) per set of documents for each set required in
addition to the three sets.
OWNERSHIP OF ENGINEERING DATA. All Specifications, Plans and
copies thereof furnished by the Engineer shall remain his property.
They shall not be used on another Project, and, with the exception
of those sets which have been signed in connection with the
execution of the Construction Contract shall be returned to him on
request upon completion of the Project.
Separate sheets of the Plans and/or Specifications will not be
available to subcontractors, suppliers and material dealers for
their convenience at reproduction costs. However, it will be their
responsibility to check their compliance with a complete set of
contract documents prior to executing the Work to insure a
complete and satisfactory interface with other contractors and/or
subcontractors.
DAMAGE TO EXISTING FACILITIES. The Contractor and/or subcontractor
hereunder shall satisfy himself (themselves) as to the location of
all underground and above -ground facilities and utilities in or
near the site. They shall be continually liable for damage to all
MCC111Iond
Con it, iii ni
Enln,iiin
Inaeryarand
Foy."evllli, Arkons
Special Provisions - 15
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improvements and lands,
whether the
property of the
owner,
hereunder, or others,
caused by
the Contractor's
and/or
Subcontractor's personnel,
equipment, or operation.
REPORTING OF ACCIDENTS The
Contractor shall
submit a written
report
to the Engineer of any
accident or
injury occurring
at the
Construction Site.
PRE -CONSTRUCTION CONFERENCE. Within twenty (20) days after
delivery of the executed Construction Contract by the Owner to the
Contractor, but before starting the Work at the site, a conference
will be held to review the heretofore mentioned schedules, to
establish procedures for handling Shop Drawings and other
submissions, and for processing Applications for Payment, and to
establish a working understanding between the parties as to the
Project. Present at the conference will be the Owner or his
representative, the Engineer, Resident Project Representatives, the
Contractor and his Superintendent.
WATERWAYS. Present natural and artificial waterways shall be left
open to flow freely. Temporary dams or by-passes shall be provided
when found necessary or ordered by the Engineer.
SAFETY AND SECURITY. The Contractor shall comply with, and shall
cause the employee and all subcontractors to abide by all safety
and security laws, rules and regulations in force at the
Construction Site. The provisions of the latest Associated General
Contractors of America, Inc., dealing with safe practices
pertaining to construction work shall be deemed to be in force at
the Construction Site to the extent they do not conflict with such
laws, rules, and regulations. The Engineer and the Owner shall
assume no liability concerning the Contractor's safety practices,
as safety on the Project will be the sole responsibility of the
Contractor.
CONTRACTOR. The Engineer or his assigned representative will
observe work on the project during the construction phases. The
purposes for which such observation is conducted will be to
endeavor to assure that: 1) physical limits and dimensions, as
established in the Plans and Specifications, are adhered to, 2)
materials and equipment installed on the project are equivalent to
the type, kind, size, quantity, and quality required by the Plans
and Specifications, and 3) the finished products or end results are
those as established by the word and intent of the Plans and
Specifications.
Neither the Engineer nor his representative will attempt to
instruct the Contractor or his employees or sub -contractors as to
how a task is to be performed, or by whom a task is to be
performed, or which machinery or equipment should be utilized to
MCCI. Stand
OonWlflop
Enpin.on
Inocrfroraf!
Fo)r/bvllle, Arkonwa
Special Provisions - 16
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obtain the desired results. The Contractor, in submitting a bid
for work herein specified, purports to be equipped and to have
experienced craftsmen for the performance and construction of each
and every phase of the project herein specified. In the event the
Contractor does not have the necessary craftsmen in his employ, he
shall sub -contract the work for which he has not the craftsmen, or
he will otherwise secure the services of craftsmen who are skilled
and experienced in all the specified tasks herein.
The Engineer shall have the following functions:
(1) to interpret the Plans and Specifications and define
their intent and meaning;
(2) to determine whether the work done and materials
furnished are in accordance with the terms of the Plans
and Specifications and to condemn such in accordance
herewith;
(3) to make decisions on all matters relating to the
execution and the progress of the Work;
(4) to coordinate the Work of the Contractor with the Work of
other contractors;
(5) to stop the Work whenever, in the opinion of the
Engineer, such stoppage may be necessary to insure the
proper execution thereof;
(6) to determine the amount payable to the Contractor from
time to time for Work done under the Contract;
(7) to make decisions on all controversies arising out of the
Plans and Specifications or the refusal or failure of
either party to perform any part thereof;
(8) to give approvals and to take action to the extent
necessary for the orderly and expeditious prosecution of
the Work; but the Engineer shall not have authority to
amend or modify the Construction Contract;
(9) to delegate his responsibilities to other representatives
of the Owner in connection with specific portions of the
Work;
(10) to disapprove or reject Work or material which is
"defective" (which term is hereinafter used to describe
Work or material that is unsatisfactory, faulty or
defective, or does not conform to the requirements of the
Plans and Specifications, or does not meet the
requirements of any test;
MCaolmna
Co
n on n;rPWO
nN s
In Corp
Fd}I"MWlH, Arkansas
Special Provisions - 17
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Special Provisions - 18
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(11) to require special testing of the Work or material as
provided for hereafter whether or not the Work or
material is fabricated, installed, or completed;
(12) to exercise his best efforts to insure faithful
performance by both the Owner and the Contractor. He
will not show partiality to either and will not be liable
for the result of any interpretation or decision rendered
in good faith. Claims, disputes and other matters
relating to the execution and progress of the Work or the
interpretation of or performance under the Plans and
Specifications shall be referred to the Engineer for
decision; which he will render in writing within a
reasonable time; All decisions and determinations made
by the Engineer pursuant to the Work and communicated to
the Contractor shall be binding on the Contractor unless,
within thirty (30) days thereafter, written objection is
filed with the Owner's Purchasing Agent demanding that
the issue be determined by arbitration.
The Engineer or his representative may inform the Contractor or his
sub -contractors of circumstances which, in the opinion of the
Engineer or his representative, may predict unsatisfactory results,
or he may caution the Contractors, relative to safety hazards which
may exist, but these efforts to assist the Contractors or to
prevent accidents or problems will in no way relieve the
Contractors of their responsibilities and liabilities in these
regards.
The Engineer or his representative may not be present during every
phase of any construction operation, or if he is on -site, he may
not witness each and every function or task that the
Contractor/sub-contractor may perform. This fact does not relieve
the Contractor from his responsibility to see that each item of
work and each installation performed by him or his sub -contractor
is in strict accordance with the intent of these Plans and
Specifications.
AND PRODUCTS. Within this project may be specified certain
materials or products, which may be major components of the project
or may be ancillary to major components, and which, due to their
specified characteristics and/or capabilities, may be required as
essential parts of the project. These materials or products are
special in that they require special techniques in their
application, and therefore, require experienced and skilled
craftsmen. These materials or products include, but are not
limited to the following:
McCI. (land
' consisting
Nglnairt
Inoorporone
Fay�l/.villa, Arbon.
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Sealants, lubricants, paints, primers, lacquers, stains,
thinners, solvents, curing compounds, mastics, bitumens,
tars, waterproofing agents, insulating compounds,
cementitious compounds, fillers, and epoxies.
In furnishing and installing any of the above materials or products
the Contractor shall be guided by and adhere to all of the
manufacturer's recommendations or instructions relative to the
materials or products, including but not limited to the following:
Handling,
freezing,
protection
surfaces pi
The Contractor shall
products as applied
capabilities of each
TEMPORARY FACILITIES
storing, mixing, heating, protection from
application, protection after application,
of workmen, and curing and preparation of
-ior to application.
be liable for any failure of such material or
to conform to the characteristics and/or
as required by the specifications.
(a) Utilities for Construction - The Contractor shall
arrange and pay for all gas, water, and electrical power
used by him. He shall provide heat, at his own expense,
as necessary for all areas. Electrical service
connections shall be provided at the site by the
Contractor for the purpose of field office lighting and
any temporary lighting and power requirements for
construction purposes. The Contractor shall determine
the location of the existing electrical connection; shall
make all temporary connections; provide all necessary
extensions thereto, and shall remove all temporary
connections and extensions at the completion of the Work.
The Contractor shall provide his own facilities for
compressed air supply and steam. Temporary utilities of
all kinds shall be removed promptly after their use has
been discontinued, unless otherwise approved by the
Owner.
(b) Drinking Water - The Contractor shall furnish potable
drinking water and disposable cups at the job site. The
drinking arrangement shall comply with applicable
requirements of the Arkansas State Health Department.
(c) Bracing. Enclosures. Protection. Etc. - The Contractor
shall properly and completely brace all parts of the work
as necessary during the construction of the building.
When necessary for the protection of materials or work,
the Contractor shall erect sheds, enclosures, temporary
barricades, or temporarily enclose the openings of the
building to the satisfaction of the Engineer.
MCClpllnt
pny
n gluon
lnpen porpsrplW
Fa).H. WUp, Arkansas
Special Provisions - 19
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(d) Sanitary Facilities - The Contractor shall furnish
approved chemical type toilets at the construction site
for use of all workmen on the job. Toilets shall be
removed at the completion of the Work. Toilets will be
maintained in a sanitary condition and will be removed by
him upon completion of the Work.
(e) Drainage, Etc. - The Contractor shall incorporate
temporary measures as necessary to prevent mud and other
materials from getting into the drainage or other
permanent piping during the construction period, and he
shall do all plumbing, bailing and drainage of all water
that may accumulate within the work area during the
entire period of construction. He shall clean out any
drainage pipes that may become clogged due to negligence
or failure on his part to comply with this provision.
(f) Roadways - The Contractor shall use established roadways
where practical and when it is necessary to cross
curbing, sidewalks or railroad tracks, protection against
damage shall be provided by the Contractor. Any roads,
curbing, sidewalks or railroad trackage damaged by the
Contractor's work shall be repaired at the expense of the
Contractor. Wherever existing roadways or sidewalks are
cut for trenches in the Work, the Contractor shall
provide and maintain safe and proper passage for the
usual traffic over such cuts or trenches, by bridges
blocking, planking, or other satisfactory methods.
(g) Storage and Working Areas - Storage areas will be
provided for the storage of the Contractor's materials
and equipment, and he shall confine his materials,
equipment and operations of his workmen to such limits as
indicated by the Owner, and shall not unreasonably
encumber the premises. No workmen shall trespass within
other areas or buildings of the Owner than those related
to the work of this Contract and the Contractor shall
rigidly enforce this regulation.
Any materials, equipment or temporary structures
belonging to the Contractor shall be moved when so
directed by the Engineer to permit the execution of Work
by others in connection with the Project.
Materials shall be stored so as to insure the
preservation of their quality and fitness for the Work.
When considered necessary, they shall be placed on wood
platforms and covered, or stored in a suitable building
as directed by the Engineer. Stored materials shall be
located so as to facilitate prompt inspection.
McCMrlpnd
p wa
lting
Ennwn gl
In carpprpNd
FpplNvillpo prtpnwl
Special Provisions - 20
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The Contractor shall pay all sales, consumer, use and other similar
' taxes required to be paid by him in accordance with the law of the
place where the Work is to be performed.
PERMITS LICENSES LAWS ORDINANCES REGULATIONS AND TAXES. The
Contractor shall obtain and pay for all construction permits and
licenses and shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at
the time of his Bid. The Owner shall assist the Contractor when
necessary in obtaining such permits and licenses. The Contractor
shall also pay all public utility charges.
The Contractor shall give all necessary notices, shall pay all fees
required by law and shall comply with all laws, ordinances,
governmental rules and regulations applicable to the Work, to labor
employed on the Work, and to the preservation of the public health
and safety. The Contractor shall indemnify and save harmless the
Owner from and against all liability with respect to penalties
and/or interest that may result from non-compliance with any such
laws, ordinances, governmental rules or regulations.
Should the specifications and/or the Plans be at variance with any
of such permits, licenses, laws, ordinances, governmental rules or
regulations, the Contractor shall promptly notify the Engineer in
writing, whereupon the Owner shall make all necessary changes in
the Specifications and/or the Plans. If the Contractor performs
any portion of the Work which is contrary to any of such permits,
licenses, laws, ordinances, governmental rules or regulations,
the Contractor shall correct such portion of the Work, and the
Contractor shall bear the cost of all damages arising therefrom.
The Contractor shall comply with all laws, ordinances, rules,
orders, and regulations relating to the protection of adjacent
property, and the maintenance of passageways, guard fences or other
protection facilities.
The Contractor shall permit and facilitate inspection of the Work
by the Owner, and/or its representatives of all work during
construction.
The inspection work by the Owner or others shall not be construed
as to relieve the Contractor of any liability for inadequate
design, faulty materials, workmanship, violation of the
Specifications and design criteria, codes, laws, or safety
requirements.
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Enpinon
nNDeraNd
FDyDRDYllls, Arkansas
Special Provisions - 21
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MOBILIZATION AND DEMOBILIZATION. The item of mobilization and
demobilization shall include mobilization of equipment to the site,
bonds and insurance and demobilization of equipment from the site.
The Contractor shall receive payment under Bid Item No. 12 based on
the following schedule:
Initial Site Mobilization 50%
Completion of Clearing and Roads 25%
Final Completion 25%
McCI. U.S
Canwlung r.
Enpla n
InarperolM
fay.I fWU., ArkaM
Special Provisions - 22
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ITEM P-151 CLEARING AND GRUBBING
DESCRIPTION
151-1.1 This item shall consist of clearing and grubbing,
including the disposal of materials, for all areas within the
limits designated on the plans or as required by the Engineer.
Clearing shall consist of the clearing the surface of the ground of
the designated area of all trees, stumps, down timber logs, snags,
brush, undergrowth, hedges, heavy growth of grass or weeds, fences,
structures, debris, and rubbish of any nature, natural obstruction
or such material which in the opinion of the Engineer is unsuitable
for the foundation of gravel road, or other required structures,
including the grubbing of stumps,roots, matted roots, foundations,
and the disposal from the project of all spoil materials resulting
from clearing and grubbing by burning or otherwise.
CONSTRUCTION METHODS
151-2.1 GENERAL. The areas denoted on the plans to be cleared and
grubbed have be staked on the ground by the Engineer. The clearing
and grubbing shall be done at a satisfactory distance in advance of
the grading operations.
All spoil materials removed by clearing and grubbing shall be
disposed of by removal to approved disposal areas. Burning of
material will be permitted, provided the burning operations are
conducted under such conditions that any smoke produced will not be
blown in the direction of the runway. Burning shall be subject to
any approval conditions set forth by the City of Fayetteville's
Fire Marshall and burning may be used upon the Fire Marshall's
approval. The debris remaining from the burning operation shall be
removed from the cleared easement areas to an off site location.
As far as practicable, waste concrete and masonry shall be placed
on slopes of embankments or channels. When embankments are
constructed of such material, this material shall be placed in
accordance with requirements for formation of embankments. Any
broken concrete or masonry which cannot be used in construction,
and all other materials not considered suitable for use elsewhere,
shall be disposed of by the Contractor. In no case shall any
discarded materials be left in windrows or piles adjacent to or
within the easements. The manner and location of disposal of
materials shall be subject to the approval of the Engineer and
shall not create an unsightly or objectionable view. When the
Contractor is required to locate a disposal area outside the
project limits at his/her own expense, he shall obtain and file
with the Engineer, permission in writing from the property owner
for the use of private property for this purpose.
MCClplland
EngNNln/
s
Incorp.rorparalaa
Fon?t.vllll, Arkansas
Section P-151 - 1
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If the plans or the specifications require the saving of
merchantable timber, the Contractor shall trim the limbs and tops
from designated trees, saw them into suitable lengths, and make the
material available for removal by other agencies.
Any blasting necessary shall be done at the Contractor's
responsibility, and the utmost care shall be taken not to endanger
life or property.
The removal of existing structure and utilities required to permit
orderly progress of work shall be accomplished by local agencies,
unless otherwise shown on the plans. Whenever a telephone or
telegraph pole, pipeline, conduit, sewer, roadway, or other utility
is encountered and must be removed or relocated the Contractor
shall advise the Engineer who will notify the proper local
authority or owner and attempt to secure prompt action.
151-2.2 CLEARING AND GRUBBING. In areas designated to be cleared
and grubbed, all stumps, roots, buried logs, brush, grass, and
other unsatisfactory materials shall be removed. Tap roots and
other projections over 1-1/2 inches in diameter shall be grubbed
out to a depth of at least 18 inches below the finished subgrade or
slope elevation, within the road and ditch limits. The tree stumps
may remain outside this limit providing the stumps do not project
over.
Any buildings and miscellaneous structures that are shown on the
plans to be removed shall be demolished or removed, and all
materials therefrom shall be disposed of either by burning or
otherwise removed from the site. The remaining or existing
foundations, wells, cesspools, and all like structures shall be
destroyed by breaking our or breaking down the materials of which
the foundations, wells, cesspools, etc., are built to a depth at
least 2 feet below the existing surrounding ground. Any broken
concrete, blocks, or other objectionable material which cannot be
used in backfill shall be removed and disposed of. The holes or
openings shall be backfilled with acceptable material and properly
compacted.
All holes remaining after the grubbing operation in embankment
areas shall have the sides broken down to flatten out the slopes,
and shall be filled with acceptable material, moistened and
properly compacted in layers to the density required in Item
P-152. The same construction procedure shall be applied to all
holes remaining after grubbing in excavation areas where the depth
of holes exceeds the depth of the proposed excavation.
i npera
(bnwllln/
Egimm
IncwpprpM
Fo tt.vlllq Arkpnw
Section P-151 - 2
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METHOD OF MEASUREMENT
151-3.1
The quantities
of clearing or clearing and
grubbing as
shown by
the limits on
the plans or as ordered by
the Engineer
shall be
the complete
item of land specifically
cleared and
grubbed.
BASIS OF PAYMENT
151-4.1 Payment shall be made at the contract lump sum price for
clearing. This price shall be full compensation for furnishing all
materials and for all labor, equipment, tools, and incidentals
necessary to complete the item.
Payment will be made under:
II Bid Item No. 1 Clearing and Grubbing -- per lump sum
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END OF SECTION
NgCNINM
canwlllla
lrnpinpprs
IaC>pMa1pE
FarylNrilll, Ar*aaupa
Section P-151 - 3
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ITEM P-152 EXCAVATION AND
152-1.1 This item covers excavation, disposal, placement, and
compaction of all materials within the limits of the work required
to construct gravel roads, and intermediate as well as other areas
for drainage, or other purposes in accordance with these
specifications and in conformity to the dimensions and typical
section shown on the plans.
152-1.2 CLASSIFICATION. All material excavated shall be
classified as defined below:
a. Unclassified Excavation. Unclassified excavation shall
consist of the excavation material required to construct the gravel
access roads. The excavation material shall be obtained from the
side ditch excavation, for use as embankment for the gravel access
roads. The gravel access road profiles are to generally follow the
existing ground file except where the drainage pipes cross the
roads, as noted on the Drawings.
b. Borrow Excavation. Borrow excavation shall, if required,
consist of approved material required for the construction of
embankment or for other portions of the work in excess of the
quantity of usable material available from required excavations.
Select borrow material shall be obtained from areas outside limits
of the airport property grading, outside the airport, and be
approved by the Engineer.
152-1.3 Unsuitable Excavation. Any material containing vegetable
or organic matter, such as muck, peat, organic silt, or sod shall
be considered unsuitable for use in embankment construction.
Material, when approved by the Engineer as suitable to support
vegetation, may be used on the embankment slope.
CONSTRUCTION METHODS
152-2.1 General. Before beginning
excavation,
grading, and
embankment operations
in any area, the
area shall
be completely
cleared and grubbed in
accordance with
Item P-151.
The suitability of material to be
subject to approval by the Engineer
be disposed of off site.
placed in embankments shall be
All unsuitable material shall
The Contractor shall inform and satisfy himself as to the
character, quantity, and distribution of all material to be
excavated. No payment will be made for any excavated material which
is used for purposes other than those designated.
MGCl.11and
fl Cons, 'tang
6g1pvr.
InoorO.ral.d
FcFHt.vlll., Arkansas
Section P-152 - 1
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All stockpile areas, if required, shall be leveled to a uniform
line and section and shall present a neat appearance before project
acceptance.
When the Contractor's excavating operations encounter artifacts of
historical or archaeological significance, the operations shall be
temporarily discontinued. At the direction of the Engineer, the
Contractor shall excavate the site in such a manner as to preserve
the artifacts encountered and allow for their removal. Such
excavation will be paid for as extra work.
Those areas outside of the pavement areas in which the top layer of
soil material has become compacted, by hauling or other activities
of the Contractor shall be scarified and disked to a depth of 4
inches, in order to loosen and pulverize the soil.
If it is necessary to interrupt existing surface drainage, sewers
or under -drainage, conduits, utilities, or similar underground
structures the Contractor shall be responsible for and shall take
all necessary precautions to preserve them or provide temporary
services. When such facilities are encountered, the Contractor
shall notify the Engineer, who shall arrange for their removal if
necessary. The Contractor shall, at his/her own expense,
satisfactorily repair or pay the cost of all damage to such
facilities or structures which may result from any of the
Contractor's operations during the period of the contract.
152-2.2 EXCAVATION. No excavation shall be started until the work
has been staked out by the Contractor and the Engineer has obtained
elevations and measurements of the ground surface. All suitable
excavated material shall be used in the formation of embankment,
subgrade, or for other purposes shown on the plans. All unsuitable
material shall be disposed of as shown on the plans, or at off -site
locations secured by the Contractor.
When the volume of the excavation exceeds that required to
construct the embankments to the grades indicated, the excess shall
be used to grade the areas of ultimate development or disposed of
as directed. When the volume of excavation is not sufficient for
constructing the fill to the grades indicated, the deficiency shall
be obtained from borrow areas.
The grade shall be maintained so that the surface is well drained
at all times. When necessary, temporary drains and drainage
ditches shall be installed to intercept or divert surface water
which may affect the work.
a. Selective Grading. When selective grading is indicated on
the plans, the more suitable material as designated by the Engineer
shall be used in constructing the embankment or in capping the
pavement subgrade. If, at the time of excavation, it is not
Section P-152 - 2
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Ctonh Huh
Enqdn.ncorpO.n
arpe aNa
Fa).R.vlll., Arkam S
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possible to place this material in its final location, it shall be
stockpiled in approved areas so that it can be measured for payment
for rehandling as specified in paragraph 3.3.
b. Undercutting. Rock, shale, hardpan, loose rock, boulders,
or other material unsatisfactory for subgrades, or any areas
intended for turfing shall be excavated to a minimum depth of 12
inches, or to the depth specified by the Engineer, below the
subgrade. Muck, peak, matted roots, or other yielding material,
unsatisfactory for subgrade foundation, shall be removed to the
depth specified. Unsuitable materials shall be disposed of at
locations shown on the plans. This excavated material shall be
paid for at the contract unit price per cubic yard for Unclassified
Excavation. The excavated area shall be refilled with suitable
material, obtained from the grading operations or borrow areas and
thoroughly compacted by rolling. The necessary refilling will
constitute a part of the embankment.
c. Overbreak. Overbreak, including slides, is that portion
of any material displaced or loosened beyond the finished work as
planned or authorized by the Engineer. The Engineer shall
determine if the displacement of such material was unavoidable and
his/her decision shall be final. All overbreak shall be graded or
removed by the Contractor and disposed of as directed; however,
payment will not be made for the removal and disposal of overbreak
which the Engineer determines as avoidable. Unavoidable overbreak
will be classified as "Unclassified Excavation."
d. Compaction Requirements. The subgrade under areas to be
paved shall be compacted to a depth of 6 -inches and to a density of
not less than 95 percent of the maximum density as determined by
ASTM D 698.
The in -place field density shall be determined in accordance with
ASTM D 2922. Stones or rock fragments larger than 6 inches in
their greatest dimension will not be permitted in top 6 inches of
the subgrade.
All cut -and -fill slopes shall be uniformly dressed to the slope,
cross section, and alignment shown on the plans or as directed by
the Engineer.
No payment or measurement of payment will be made for suitable
materials removed, manipulated, and replaced in order to obtain
density. Any removal, manipulation, aeration, replacement, and
recompaction of suitable materials necessary to obtain the required
density shall be considered as incidental to the excavation and
embankment operations and shall be performed by the Contractor at
no additional cost to the Project.
Blasting should not be required for this project.
Section P-152 - 3
c,Inllf.
n oorpW.NE
Fay.B.Wp., Arkan.a.
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152-2.3 BORROW EXCAVATION. Compacted select borrow, if required,
shall consist of excavation made from borrow areas outside the
airport to supplement the compacted embankment. Borrow excavation
shall be made only at these designated locations and within the
horizontal and vertical limits as staked or as directed.
When borrow sources are outside the boundaries of the airport
property, it shall be the Contractor's responsibility to locate and
obtain the supply, subject to the approval of the Engineer. The
Contractor shall notify the Engineer, at least 15 days prior to
beginning the excavation, so necessary measurements and tests can
be made. All unsuitable material shall be disposed of by the
Contractor. All borrow pits shall be opened up to expose the
vertical face of various strata of acceptable material to enable
obtaining a uniform product. Borrow pits shall be excavated to
regular lines to permit accurate measurements, and they shall be
drained and left in a neat, presentable condition with all slopes
dressed uniformly.
The select borrow material may be a locally available red silty
clay with broken chert material having a Unified Soil
Classification of (GC).
1S2-2.4 PREPARATION OF EMBANKMENT AREA. Where an embankment is to
be constructed, all sod and vegetable matter shall be removed from
the surface upon which the embankment is to be placed, and the
cleared surface shall be completely broken up by plowing or
scarifying to a minimum depth of 6 inches. This area shall then be
compacted as indicated in paragraph 2.5.
No direct payment shall be made for the work performed under this
section. The necessary clearing and grubbing and the quantity of
excavation removed will be paid for under the respective items of
work.
152-2.5 FORMATION OF EMBANKMENTS. Embankments shall be formed in
successive horizontal layers of not more than 8 inches in loose
depth for the full width of the cross section, unless otherwise
approved to the Engineer.
The grading operations shall be conducted, and the various soil
strata shall be placed, to produce a soil structure a shown on the
typical cross section or as directed. Materials such as brush,
hedge, roots, stumps, grass and other organic matter, shall not be
incorporated or buried in the embankment.
Operations on earthwork shall be suspended at any time when
satisfactory results cannot be obtained because of rain, freezing,
or other unsatisfactory conditions of the field. The Contractor
shall drag, blade, or slope the embankment to provide proper
surface drainage.
Section P-152 - 4
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MOCLllond
ConwIt! na
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tagInors
Incwaorat,d
Fa,atts vlllq Arkansas
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The material in the layer shall be within +/-2 percent of optimum
moisture content before rolling to obtain the prescribed
compaction. In order to achieve a uniform moisture content
throughout the layer, wetting or drying of the material and
manipulation shall be required when necessary. Should the material
be too wet to permit proper compaction or rolling, all work on all
of the affected portions of the embankment shall be delayed until
the material has dried to the required moisture content.
Sprinkling of dry material to obtain the proper moisture content
shall be done with approved equipment that will sufficiently
distribute the water. Sufficient equipment to furnish the required
water shall be available at all times. Compaction tests shall be
performed on each 3000 square feet of each embankment lift. The
Contractor shall make the necessary corrections and adjustments in
methods, materials or moisture content in order to achieve the
correct embankment density.
Rolling operations shall be continued until the embankment is
compacted to not less than 95 percent of maximum density as
determined by ASTM D 698.
The in -place field density shall be determined in accordance with
ASTM D 2922.
Compaction areas shall be kept separate, and no layer shall be
covered by another until the proper density is obtained.
During construction of the embankment, the Contractor shall route
his/her equipment at all times, both when loaded and when empty,
over the layers as they are placed and shall distribute the travel
evenly over the entire width of the embankment. The equipment
shall be operated in such a manner that hardpan, cemented gravel,
clay, or other chunky soil material will be broken up into small
particles and become incorporated with the other material in the
layer.
In the construction of embankments, layer placement shall begin in
the deepest portion of the fill; as placement progresses, layers
shall be constructed approximately parallel to the finished
pavement grade line.
When rock and other embankment material are excavated at
approximately the same, time, the rock shall be incorporated into
the outer portion of the embankment and the other material shall be
incorporated under the future paved areas. Stones or fragmentary
rock larger than 6 inches in their greatest dimensions will not be
allowed in the top 6 inches of the subgrade. Rockfill shall be
brought up in layers as specified or as directed and every effort
shall be exerted to fill the voids with the finer material forming
a dense, compact mass. Rock or boulders shall not be disposed of
Section P-152 - 5
E
' 'ond
Lcnwlrino
En
IncarpororooraNe
Foy.tnvlll., Arkansas
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outside the excavation or embankment areas, except at places and in
the manner designated by the Engineer.
Frozen material shall not be placed in the embankment nor shall
embankment be placed upon frozen material.
152-2.6 FINISHING AND PROTECTION OF SUBGRADE. After the subgrade
has been substantially completed the full width shall be
conditioned by removing any soft or other unstable material which
will not compact properly. The resulting areas and all other low
areas, holes or depressions shall be brought to grade with suitable
select material. Scarifying, blading, rolling and other methods
shall be performed to provide a thoroughly compacted subgrade
shaped to the lines and grades shown on the plans.
Grading of the subgrade shall be performed so that it will drain
readily. The Contractor shall take all precautions necessary to
protect the subgrade from damage. He/she shall limit hauling over
the finished subgrade to that which is essential for construction
purposes.
All ruts or rough places that develop in a completed subgrade shall
be smoothed and recompacted.
152-2.7 HAUL. All hauling will be considered a necessary and
incidental part of the work. Its cost shall be considered by the
Contractor and included in the contract unit price for the pay of
items of work involved. No payment will be made separately or
directly for hauling on any part of the work.
152-2.8 TOLERANCES. In those areas upon which a select borrow
course is to be placed, the top of the subgrade shall be of such
smoothness that, when tested with a 16 -foot straightedge applied
parallel and at right angles to the centerline, it shall not show
any deviation in excess of 1/2 -inch, or shall not be more than
0.05 -foot from true grade as established by grade hubs or pins.
Any deviation in excess of these amounts shall be corrected by
loosening, adding, or removing materials; reshaping; and
recompacting by sprinkling and rolling.
On roadway areas, intermediate and other designated areas, the
surface shall be of such smoothness that it will not vary more than
0.10 foot from true grade as established by grade hubs. Any
deviation in excess of this amount shall be corrected by loosening,
adding or removing materials, and reshaping.
152-2.9 TOPSOIL. When topsoil is specified or required as shown
on the plans or under Item T-905, it shall be salvaged from
stripping or other grading operations. The topsoil shall meet the
requirements of Item T-905. If, at the time of excavation or
stripping, the topsoil cannot be placed in its proper and final
Section P-152 - 6
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MCCI. (land
CanWlllny
a y
Englnun
lnoorporand
Fa,.R.vill.4 Arkan.a.
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section of finished construction, the material
at approved locations. Stockpiles shall not
which subsequently will require any excavation
in the judgment of the Engineer, it is prac
salvaged topsoil at the time of excavation
material shall be placed in its final position
or further rehandling.
shall be stockpiled
be placed on areas
or embankment. If,
:tical to place the
or stripping, the
without stockpiling
Upon completion of grading operations, stockpiled topsoil shall be
handled and placed as directed, or as required in Item T-905.
No direct payment will be made for topsoil as such under Item
P-152. The quantity removed and placed directly or stockpiled
shall be paid for at the contract lump sum price for "Unclassified
Excavation."
When stockpiling of topsoil and later rehandling of such material
is directed by the Engineer, the material so rehandled shall be
paid for at the contract lump sum price for "Topsoiling," as
provided in Item T-905.
METHOD OF
152-3.1 The quantity of Roadway Subgrade Preparation shall be
measured as the 100 foot station of completed unclassified
excavation and borrow material required to complete the roadway
subgrade as accepted by the Owner and Engineer.
BASIS OF PAYMENT
152-4.1 Payment shall be made at the contract lump sum price for
"Roadway Subgrade Preparation". This price shall be full
compensation for furnishing all materials, labor, equipment, tools,
and incidentals necessary to complete the item.
Payment will be made under:
Bid Item No. 2 Roadway Subgrade Preparation
-- per station
Bid Item No. Al Roadway Subgrade Preparation
-- per station
flMCClalland
EMInaK.
1ncarp
KOIW
Faylfl.v/llar Arkanna
Section P-152 - 7
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ITEM P-156 TEMPORARY AIR AND WATER POLLUTION#
SOIL EROSION, AND SILTATION CONTROL
DESCRIPTION
156-1.1 This item shall consist of temporary control measures as
required during the life of a contract to control water pollution,
soil erosion,and siltation through the use of berms, dikes, dams,
sediment basins, fiber mats, gravel, mulches, grasses, slope
drains, and other erosion control devices or methods.
The temporary erosion control measures contained herein shall be
coordinated with the permanent erosion control measures specified
as part of this contract to the extent practical to assure
economical, effective, and continuous erosion control throughout
the construction period.
Temporary control may include work outside the construction limits
such as borrow pit operations, equipment and material storage
sites, waste areas, and temporary plant sites.
156-2.1 GRASS. Grass which will not compete with the grasses sown
later for permanent cover shall be a quick -growing species (such as
ryegrass, Italian ryegrass, or cereal grasses) suitable to the area
providing a temporary cover.
156-2.2 MULCHES.
Mulches may be hay, straw, fiber mats, netting, bark, wood chips,
or other suitable material reasonably clean and free of noxious
weeds and deleterious materials.
156-2.3 FERTILIZER. Fertilizer shall be a standard commercial
grade and shall conform to all Federal and state regulations and to
the standards of the Association of Official Agricultural Chemists.
156-2.4 SLOPE DRAINS. Slope drains may be constructed of pipe,
fiber mats, rubble, portland cement concrete, bituminous concrete,
or other materials that will adequately control erosion.
156-2.5 OTHER. All
other materials
shall meet commercial
grade
standards and shall
be approved by
the Engineer before
being
incorporated into the
project.
CONSTRUCTION REQUIREMENTS
156-3.1 GENERAL. In the event of conflict between these
requirements and pollution control laws, rules, or regulations of
other Federal, state, or local agencies, the more restrictive laws,
rules, or regulations shall apply.
flMCW.l.nd
Conwlting
InoorOw.r.a
F.,a.vlll, A.R.n...
Section P-156 - 1
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The Engineer shall be responsible for assuring compliance to the
extent that construction practices, construction operations, and
construction work are involved.
156-3.2 SCHEDULE. Prior to the start of construction, the
Contractor shall submit schedules for accomplishment of temporary
and permanent erosion control work, as are applicable for clearing
and grubbing; grading; construction; paving; and structures at
watercourses. The Contractor shall also submit a proposed method
of erosion and dust control on haul roads and borrow pits and a
plan for disposal of waste materials. Work shall not be started
until the erosion control schedules and methods of operation for
the applicable construction have been accepted by the Engineer.
156-3.3 AUTHORITY OF ENGINEER. The Engineer has the authority to
limit the surface area of erodible earth material exposed by
clearing and grubbing, to limit the surface area of erodible earth
material exposed by excavation, borrow and fill operations, and to
direct the Contractor to provide immediate permanent or temporary
pollution control measures to minimize contamination of adjacent
streams or other watercourses, lakes, ponds, or other areas of
water impoundment.
156-3.4 CONSTRUCTION DETAILS. The Contractor will be required to
incorporate all permanent erosion control features into the project
at the earliest practicable time as outlined in the accepted
schedule. Except where future construction operations will damage
slopes, the Contractor shall perform the permanent seeding and
mulching and other specified slope protection work in stages, as
soon as substantial areas of exposed slopes can be made available.
Temporary erosion and pollution control measures will be used to
correct conditions that develop during construction that were not
foreseen during the design stage; that are needed prior to
installation of permanent control features; or that are needed
temporarily to control erosion that develops during normal
construction practices, but are not associated with permanent
control features on the project.
Where erosion is likely to be a problem, clearing and grubbing
operations should be scheduled and performed so that grading
operations and permanent erosion control features can follow
immediately thereafter if the project conditions permit; otherwise,
temporary erosion control measures may be required between
successive construction stages.
The Engineer will limit the area of clearing and grubbing,
excavation, borrow, and embankment operations in progress,
commensurate with the Contractor's capability and progress in
keeping the finish grading, mulching, seeding, and other such
permanent control measures current in accordance with the accepted
schedule. Should seasonal limitations make such coordination
Section P-156 - 2
MCCJ.11ond
ionwlltlno
glnotr.
InoorpxalN
Fay.tt.ville, Arkan.o.
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unrealistic, temporary erosion control measures shall be taken
immediately to the extent feasible and justified.
In the event that temporary erosion and pollution control measures
are required due to the Contractor's negligence, carelessness, or
failure to install permanent controls as a part of the work as
scheduled or are ordered by the Engineer, such work shall be
performed by the Contractor at his/her own expense.
The Engineer may increase or decrease the area of erodible earth
material to be exposed at one time as determined by analysis of
project conditions.
The erosion control features installed by the Contractor shall be
acceptably maintained by the Contractor during the construction
period.
Whenever construction equipment must cross watercourses at frequent
intervals, and such crossings will adversely affect the sediment
levels, temporary structures should be provided.
Pollutants such as fuels, lubricants, bitumen, raw sewage, wash
water from concrete mixing operations, and other harmful materials
shall not be discharged into or near rivers, streams, and
impoundments or into natural or manmade channels leading thereto.
METHOD OF MEASUREMENT
156-4.1 Temporary erosion and pollution control work required
which is not attributed to the Contractor's negligence,
carelessness, or failure to install permanent controls will be
performed as scheduled or ordered by the Engineer.
156-4.2 Control work performed for protection of construction
areas outside the construction limits, such as borrow and waste
areas, haul roads, equipment and material storage sites, and
temporary plant sites, will not be measured and paid for directly
but shall be considered as a subsidiary obligation of the
Contractor with costs included in the contract prices bid for the
items to which they apply.
BASIC OF PAYMENT
156-5.1 Payment for temporary erosion and pollution control work
shall be subsidary to the overall project cost.
END OF SECTION
Section P-156 - 3
MCCU Oand
a Engtn. Ina
Inalnwn
anaoraNa
FaprM rill., Arkansas
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Section P-209 - 1
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ITEM P-209 CRUSHED AGGREGATE COURSE
DESCRIPTION
209-1.1 This item consists of a surface course for the new gravel
roads composed of crushed aggregates constructed on a prepared
course in accordance with these specifications and in conformity to
the dimensions and typical cross sections shown on the plans.
MATERIALS
209-2.1 AGGREGATE. Aggregates shall consist of clean, sound,
durable particles of crushed stone, crushed gravel, or crushed slag
and shall be free from coatings of clay, silt, vegetable matter,
and other objectionable materials and shall contain no clay balls.
Fine aggregate passing the No. 4 sieve shall consist of fines from
the operation of crushing the coarse aggregate. If necessary, fine
aggregate may be added to produce the correct gradation. The fine
aggregate shall be produced by crushing stone, gravel, or slag that
meet the requirements for wear and soundness specified for coarse
aggregate.
The crushed
slag
shall be an air-cooled,
blast furnace slag and
shall have a
unit
weight of not less than
70 pounds per cubic foot
when tested
in accordance
with ASTM C 29.
The crushed aggregate portion which is retained on the No. 4 sieve
shall contain not more than 15 percent, by weight, of flat or
elongated pieces as defined in ASTM D 693 and shall have at least
90 percent by weight of particles with at least two fractured faces
and 100 percent with at least one fractured face. The area of each
face shall be equal to at least 75 percent of the smallest
midsectional area of the piece. When two fractured faces are
contiguous, the angle between the planes of fractures shall be at
least 30 to count as two fractured faces.
The percentage of wear shall not be greater than 45 percent when
tested in accordance with ASTM C 131. The sodium sulfate soundness
loss shall not exceed 12 percent, after 5 cycles, when tested in
accordance with ASTM C 88.
The fraction passing the No. 40 sieve shall have a liquid limit no
greater than 25 and a plasticity index of not more than 4 when
tested in accordance with ASTM D 4318. The fine aggregate shall
have a minimum sand equivalent value of 35 when tested in
accordance with ASTM D 2419.
' Ma[I.Iland
a CanwlHng
.ri
Igln..r.
InoarporaLJ
Fay.u.vlll., Arkalu s
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a. Sampling and Testing. Aggregates for preliminary testing
shall be furnished by the Contractor prior to the start of
production. All tests for initial aggregate submittals necessary
to determine compliance with the specification requirements will be
made by the Engineer at no expense to the Contractor.
Samples of aggregates shall be furnished by the Contractor at the
start of production and at intervals during production. The
sampling points and intervals will be designated by the Engineer.
The samples will be the basis of approval of specific lots of
aggregates from the standpoint of the quality requirements of this
section.
In lieu of testing, the Engineer may accept certified state test
results indicating that the aggregate meets specification
requirements.
Samples of aggregates to check gradation shall be taken by the
Engineer at such times throughout the project as to ensure proper
gradation. Sampling shall be in accordance with ASTM D 75, and
testing shall be in accordance with ASTM C 136 and C 117.
b. Gradation Requirements. The gradation of the final
mixture shall fall within the design range indicated in Table 1,
when tested in accordance with ASTM C 117 and C 136. The final
gradation shall be continuously well graded from coarse to fine and
shall not vary from the low limit on one sieve to the high limit on
an adjacent sieve or vice versa.
Sieve size
1-1/2
3/4
No. 4
No. 40
No. 200
TABLE 1. REQUIREMENTS FOR GRADATION OF
Design Range
Percentage by Weight
Passing Sieves
100
50-90
25-55
10-30
3-10
The fraction of the final mixture that passes the No. 200 sieve
shall not exceed 66 percent of the fraction passing the No. 40
sieve.
METHODS
209-3.1 PREPARING UNDERLYING COURSE. The underlying course shall
be checked and accepted by the Engineer before placing and
spreading operations are started. Any ruts or soft yielding places
caused by improper drainage conditions, hauling, or any other cause
flNcpelland
Consultiny
Engineer.
Incarperated
Fo It.vlll., Arkansas
Section P-209 - 2
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shall be corrected at the Contractor's expense before the base
course is placed thereon. Material shall not be placed on frozen
subgrade.
209-3.2 MIXING. The aggregate shall be uniformly blended during
crushing operations or mixed in a plant. The plant shall blend and
mix the materials to meet the specifications and to secure the
proper moisture content for compaction.
209-3.3 PLACING. The crushed aggregate material shall be placed
on the moistened subgrade in layers of uniform thickness with a
mechanical spreader.
The maximum depth of a compacted layer shall be 6 inches. If the
total depth of the compacted material is more than 6 inches, it
shall be constructed in two or more layers. In multi -layer
construction, the base course shall be placed in approximately
equal -depth layers.
The previously constructed layer should be cleaned of loose and
foreign material prior to placing the next layer. The surface of
the compacted material shall be kept moist until covered with the
next layer.
209-3.4 COMPACTION. Immediately upon completion of the spreading
operations, the crushed aggregate shall be thoroughly compacted.
The number, type, and weight of rollers shall be sufficient to
compact the material to the required density.
The moisture content of the material during placing operations
shall not be below, nor more than 1-1/2 percentage points above,
the optimum moisture content as determined by ASTM D 698.
209-3.5 ACCEPTANCE SAMPLING AND TESTING FOR DENSITY. Aggregate
surface course shall be accepted for density on a lot basis. A lot
will consist of 6,000 square feet.
Each lot shall be divided into two equal sublots. One test shall
be made for each sublot. Sampling locations will be determined by
the Engineer on a random basis in accordance with statistical
procedures contained in ASTM D 3665.
Each lot will be accepted for density when the field density is at
least 95 percent of the maximum density of laboratory specimens
prepared from samples of the surface course material delivered to
the job site. The specimens shall be compacted and tested in
accordance with ASTM D 698. If the in -place field density shall be
determined in accordance with ASTM D 2922. If the specified
density is not attained, the entire lot shall be reworked and/or
recompacted and two additional random tests made. This procedure
shall be followed until the specified density is reached.
Section P-209 - 3
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' 'landCon so
fl
EngIncur rn..I.
OwoNd
Fayh.vlll., Arkansas
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209-3.6 FINISHING. The surface of the aggregate surface course
shall be finished by blading or with automated equipment especially
designed for this purpose.
In no case will the addition of thin layers of material be added to
the top layer of base course to meet grade. If the elevation of
the top layer is 1/2 inch or more below grade, the top layer of
base shall be scarified to a depth of at least 3 inches, new
material added, and the layer shall be blended and recompacted to
bring it to grade. If the finished surface is above plan grade, it
shall be cut back to grade and rerolled.
209-3.7 SURFACE TOLERANCES. The finished surface shall not vary
more than 3/8 inch when tested with a 16 -foot straightedge applied
parallel with or at right angles to the centerline. Any deviation
in excess of this amount shall be corrected by the Contractor at
the Contractor's expense.
209-3.8 THICKNESS CONTROL. The completed thickness of the surface
course shall be within 1/2 inch of the design thickness. Two
determinations of thickness shall be made for each lot of material
placed. The lot size shall be consistent with that specified in
paragraph 3.5. Each lot shall be divided into four equal sublots.
One test shall be made for each sublot. Sampling locations will be
determined by the Engineer on a random basis in accordance with
procedures contained in ASTM D 3665. Where the thickness is
deficient by more than 1/2 inch, the Contractor shall correct such
areas at no additional cost by excavating to the required depth and
replacing with new material. Additional test holes may be required
to identify the limits of deficient areas.
209-3.9 MAINTENANCE. The base course shall be maintained in a
condition that will meet all specification requirements until the
work is accepted. Equipment used in the construction of an
adjoining section may be routed over completed portions of the base
course, provided no damage results and provided that the equipment
is routed over the full width of the base course to avoid rutting
or uneven compaction.
METHOD OF
209-4.1 The quantity of crushed aggregate surface course to be
paid for shall be the number of tons (2,000 lbs.) of material
placed, bonded, and accepted in the completed surface course. The
quantity of surface course material shall be determined by weight
tickets accompanying each truck of base material, said tickets
being surrendered to the Engineer not less frequently than once per
day. Thickness measurements indicating a surface course thickness
up to 1/2 -inch above the plan depth shall result in adjusting the
pay quantity by assuming a compacted weight of surface material of
144 pounds per cubic foot (the intent is to preclude payment to the
Section P-209 - 4
MCCI.11ond
fl ot
InctorpvaoroNa
FC,.Hovllg1 Arkansas
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Contractor for crushed stone material placed in excess of 1/2 inch
thicker than the required course thickness).
209-5.1 Payment shall be made at the contract unit price per ton
for crushed aggregate surface course. This price shall be full
compensation for furnishing all materials and for all preparation,
hauling, and placing of these materials, and for all labor,
equipment, tools, and incidentals necessary to complete the item.
Payment will be made:
Bid Item No. 2, Crushed Aggregate Surface Course, per ton.
Bid Item N. A2, Crushed Aggregate Surface Course, per ton.
END OF SECTION
MCClalland
Consalriny
Enyln.an
Inanraarar.0
Faysrr.rllls, Arkansas
Section P-209 - 5
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ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE
DESCRIPTION
610-1.1 This item shall consist of 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.
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 scored 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 naturally mixed aggregates
be permitted. Naturally mixed aggregate shall be screened and
washed, and all fine and coarse aggregates shall be stored
separately and kept clean. The mixing of different kinds of
aggregates from different sources in one storage pile or
alternating batches of different aggregates will not be permitted.
610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall
meet the requirements of ASTM C 33.
Coarse aggregate shall be well graded from coarse to fine and shall
meet one of the gradations shown in Table 1, using ASTM C 136.
610-2.3 FINE AGGREGATE. The fine aggregate for concrete shall
meet the requirements of ASTM C 33.
The fine aggregate shall be well graded from fine to coarse and
shall meet the requirements of Table 2, when tested in accordance
with ASTM C 136:
Section P-610 - 1
flMCCl.11ond
Cons, lrinp
Enpin..r.
Incorpo.IW
Far.N.vlll., Ark.n...
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TABLE 1. GRADATION FOR COARSE AGGREGATE
Sieve Designation Percentage by Weight Passing Sieves
(square openings)
1' inch 1-00
1 inch 90-100
½ inch 20-25
No 4 inch 0-10
TABLE 2. GRADATION FOR FINE AGGREGATE
Sieve Designation
(square openings) Percentage by Weight Passing Sieves
3/8 inch 100
No. 4 95-100
No. 16 45-80
No. 30 25-55
No. 50 10-30
No. 100 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% 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 conform to the requirements of C-150
Type I.
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 AASHO T 26.
610-2.6 ADMIXTURES. The use of any material added to the concrete
mix 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
Section P-610 - 2
M CC1.11nnd
Con sal9
a
Enpin..rsm
Inaor0ora1.0
Fap.ILWIM, Arkansas
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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 or raw or calcined natural
pozzolons meeting the requirements of ASTM C 618.
Air -entraining admixtures shall meet the requirements of ASTM C
260. 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 ASTM 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 ASTM D 1751.
610-2.9 COVER MATERIALS FOR CURING. Curing materials shall
conform to one of the following specifications:
Waterproof paper for curing concrete ASTM C 171
Polyethylene Sheeting for Curing Concrete ASTM C 171
Liquid Membrane -Forming Compounds for Curing
Concrete ASTM C 309,
Type 2
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.
610-3.2 CONCRETE COMPOSITION. The concrete shall develop a
compressive strength of 3500 psi in 28 days as determined by test
cylinders made in accordance with ASTM C 31 and tested in
accordance with ASTM C 39. The concrete shall contain not less
than 470 pounds of cement per cubic yard. The concrete shall
contain 5 percent of entrained air, plus or minus 1 percent, as
determined by ASTM C 231 and shall have a slump of not more than 4
inches as determined by ASTM C 143.
Section P-610 - 3
MCCI& land
consulling
nngleanws
rc;r
nps .M
Fo ft.vlll., Arkan a.
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610-3.3 ACCEPTANCE SAMPLING AND TESTING. Concrete for each
structure will be accepted on the basis of the compressive strength
specified in paragraph 3.2. The concrete shall be sampled in
accordance with ASTM C 172. Compressive strength specimens shall
be made in accordance with ASTM C 31 and tested in accordance with
ASTM C 39.
Concrete cylindrical test specimens shall be made in accordance
with ASTM C 31 and tested in accordance with ASTM C 39. 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.
610-3.5 CONSISTENCY. The consistency of the concrete shall be
checked by the slump test specified in ASTM C 143.
610-3.6 MIXING. Concrete may be mixed at the construction site,
at a central point, or wholly or in part in truck mixers. The
concrete shall be mixed and delivered in accordance with the
requirements of ASTM C 94.
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 400 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 nor more
than 1000 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/her
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
MCC,.11ono
ConwIJng
flI
Enpinorr
nnorporol.0
FoyeIbvill., ArRnn.o.
Section P-610 - 4
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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 nonstaining 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 before the
expiration of at least 30 hours from vertical faces, walls, slender
columns, and similar structures or until test indicate that at
least 50% of the design strength has developed; forms supported by
falsework under slabs, beams, girders, arches, and similar
construction shall not be removed until tests indicate that at
least 60% 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 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'd hours 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.
MCC,.11alM
a Can.al.np
EminHn
InoorpwatW
FaHlr.vlll., Arkama.
Section P-610 - 5
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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 roughened slightly, wetted, and/or covered with a neat
coating of cement paste or grout.
610-3.13 EXPANSION JOINTS. Expansion joints shall be constructed
at such points and of such dimensions as may be indicated on the
drawings. The premolded filler shall be cut to the same shape as
that of the surfaces being joined. The filler shall be fixed
firmly against the surface of the concrete already in place in such
manner that it will not be displaced when concrete is deposited
against it.
610-3.14 DEFECTIVE WORK. Any defective work disclosed after the
forms have been removed shall be immediately removed and replaced.
If any dimensions 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.
YCClanand
Conwlllny
a y
Enalnlsrs
In
Foy.Bsvllls, Arkansas
Section P-610 - 6
The wingwalls and headwalls 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 50° F until at least
60% of the designed strength has been attained.
METHOD OF MEASUREMENT
t1610-4.1 Not Applicable.
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Section P-610 - 7
1
MCCflf land
Can
Etginun
Incerc.rut.E
F°y.tt. vlll., Ark.nsOs
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BASIC OF PAYMENT
610-5.1 Payment for structural concrete shall be subsidiary to the
light pole cost.
END OF SECTION
ngGpm lM
p Cpnwluny
lncwp.ral.0
Foy twill., Arkan.p.
Section P-610 - 8
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ITEM D-701
PIPE FOR STORM DRAINS AND CULVERTS
DESCRIPTION
701-1.1 This item shall consist of the construction of pipe
culverts and storm drains in accordance with these specifications
and in reasonably close conformity with the lines and grades shown
on the plans.
701-2.1 Materials shall meet the requirements shown on the plans
and specified below.
701-2.2 PIPE.
Metallic Coated Corrugated Steel Pipe (Type I or II) ASTM A 760
701-2.3 CONCRETE. Concrete for pipe cradles shall have a minimum
compressive strength of 2000 psi at 28 days and conform to the
requirements of ASTM C 94.
701-2.4 RUBBER GASKETS. Rubber gaskets for zinc -coated steel pipe
and precoated galvanized pipe shall conform to the requirements of
ASTM D 1056, for the ''RE'' closed cell grades.
METHODS
701-3.1 EXCAVATION. The width of the pipe trench shall be
sufficient to permit satisfactory jointing of the pipe and thorough
tamping of the bedding material under and around the pipe, but it
shall not be less than the external diameter of the pipe plus 6
inches on each side. The trench walls shall be approximately
vertical.
Where rock, hardpan, or other unyielding material is encountered,
the Contractor shall remove it from below the foundation grade for
a depth of at least 12 inches or one-half inch for each foot of
fill over the top of the pipe (whichever is greater) but for no
more than three-quarters of the nominal diameter of the pipe. The
width of the excavation shall be at least 1 foot greater than the
horizontal outside diameter of the pipe. The excavation below
grade shall be backfilled with selected fine compressible material,
such as silty clay or loam, and lightly compacted in layers not
over 6 inches in uncompacted depth to form a uniform but yielding
foundation.
flCa, so Din
Enpin.rc
Incot psraNd
Fa),I/.vill., Arkansas
Section D-701 - 1
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Where a firm foundation is not encountered at the grade
established, due to soft, spongy, or other unstable soil, the
unstable soil shall be removed and replaced with approved granular
material for the full trench width. The Engineer shall determine
the depth of removal necessary. The granular material shall be
compacted to provide adequate support for the pipe.
The excavation for pipes that are placed in embankment fill shall
not be made until the embankment has been completed to a height
above the top of the pipe as shown on the plans.
701-3.2 BEDDING. The pipe bedding shall conform to the class
specified on the plans. When no bedding class is specified or
detailed on the plans, the requirements for bedding shall be as
follows.
a. Corrugated Metal Pipe. Class B bedding shall consist of
a bed of granular material having a thickness of at least 4 inches
below the bottom of the pipe and extending up around the pipe for
a depth of not less than 30 percent of the pipe's vertical outside
diameter. The layer of bedding material shall be shaped to fit the
pipe for at least 10 percent of the pipe's vertical diameter and
shall have recesses shaped to receive the bell of bell and spigot
pipe. The bedding material shall be sand or selected sandy soil,
all of which passes a 3/8 inch sieve and not more than 10 percent
of which passes a No. 200 sieve.
701-3.3 LAYING PIPE. The pipe laying shall
point of the trench and proceed upgrade. The
pipe shall be in contact with the bedding
length. Bell or groove ends of rigid
circumferential laps of flexible pipes sha
upgrade.
begin at the lowest
lower segment of the
throughout its full
pipes and outside
Ll be placed facing
Elliptical and
elliptically
reinforced pipes
shall
be placed with
the manufacturer's
top of
pipe mark within
five
degrees of a
vertical plane
through the
longitudinal axis
of the
pipe.
701-3.4 JOINING PIPE. Joints shall be made with (1) rubber
gaskets, or (2) plastic gaskets.
701-3.5 BACEFILLING. Pipes shall be inspected before any backfill
is placed; any pipes found to be out of alignment, unduly settled,
or damaged shall be removed and relaid or replaced at the
Contractor's expense.
Material for backfill shall be fine, readily compatible soil, or
granular material selected from the excavation or a source of the
Contractor's choosing. It shall not contain frozen lumps, stones
that would be retained on a 1' -inch sieve, chunks of highly plastic
clay, or other objectionable material. No less than 95 percent of
MCCl.I land
Conwlling
Enaln..0
Inaa/a.rol.d
Fay.N.vlll., Arkansas
Section D-701 - 2
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Section D-701 -3
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a granular backfill material shall pass through a 1/2 inch sieve,
and no less than 95 percent of it shall be retained on a No. 4
sieve.
When the top of the pipe is even with or below the top of the
trench, the backfill shall be compacted in layers not exceeding 6
inches on both sides of the pipe and shall be brought up one foot
above the top of the pipe or to natural ground level, whichever is
greater. Care shall be exercised to thoroughly compact the
backfill material under the haunches of the pipe. Material shall
be brought up evenly on both sides of the pipe.
When the top of the pipe is above the top of the trench, the
backfill shall be compacted in layers not exceeding 6 inches and
shall be brought up evenly on both sides of the pipe to 1 foot
above the top of the pipe. The width of backfill on each side of
the pipe for the portion above the top of the trench shall be equal
to twice the pipe's diameter or 12 feet, whichever is less.
All backfill shall be compacted to the density required under Item
P-152.
METHOD OF MEASUREMENT
701-4.1 The length of pipe shall be measured in linear feet of
pipe in place, completed, and approved. It shall be measured along
the centerline of the pipe from end or inside face of structure to
the end or inside face of structure, whichever is applicable. The
size shall be measured separately. All fittings shall be included
in the footage as typical pipe sections in the pipe being measured.
BASIS OF PAYMENT
701-5.1 Payment will be made at the contract unit price per linear
foot for each kind of pipe of the type and size designated; The
price shall fully compensate the Contractor for furnishing all
materials and for all preparation, excavation, and installation of
these materials; and for all labor, equipment, tools, and
incidentals necessary to complete the item.
Payment will
be
made under:
Bid
Item
No.
A3
12 -inch
Corrugated
Metal
Pipe,
per
linear
foot
Bid
Item
No.
A4
18 -inch
Corrugated
Metal
Pipe,
per
linear
foot
Bid
Item
No.
4
24 -inch
Corrugated
Metal
Pipe,
per
linear
foot
Bid
Item
No.
A5
24 -inch
Corrugated
Metal
Pipe,
per
linear
foot
MCC/ti land
Con
' nc;r
fifing
Elginw'a n
Inaxperat.d
Fa„nivlll., Ar*cans
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ITEM P-160 BARBED WIRE PENCE WITH WOOD POSTS
DESCRIPTION
160-1.1 This item covers the requirements for furnishing materials
and constructing new barbed wire fences and gates with wood posts
in accordance with the details included herein and as shown on the
Plans. The fence to be erected shall be 5 strand 4 foot barbed
wire, as indicated on the plans and in the bid proposal.
MATERIALS
160-2 WIRE.
a. Barbed Wire (Zinc -coated). Zinc -coated barbed wire shall
be 2 -strand twisted No. 12 1/2 ASW gauge galvanized steel wire with
4 -point barbs of No. 14 ASW gauge galvanized steel wire. All wire
shall conform to Fed. Spec. RR -F-221, Type A. The barbs shall be
spaced approximately 4 inches apart.
b. Bracing Wire (Zinc -coated). Wire used for cable for
bracing shall be No. 9 smooth galvanized soft wire.
160-2.2 GATES AND HARDWARE. Gates shall be constructed of
galvanized steel tubing conforming to Fed. Spec. RR -F-191 and shall
be the size shown on the plans. Heavily galvanized hinges and
latches for wood posts shall be furnished with each gate. A bolt
screw hinge shall be used, and either a wing or butterfly latch
shall be furnished.
160-2.3 POSTS.
a. Species. All posts shall be 3" or 4" x 7 foot and one of
the following species of wood, unless otherwise noted in the
proposal.
Group II
Douglas Fir
Gum, Red
Larch, Western
Pine, Southern Yellow
Pine, Lodgepole
Tamarack
Ash
Maple, Sugar
Oak, Red
Spruce
Posts shall be given a preservative treatment in accordance with
the method specified under subparagraph "e" below.
MCCI&land
a Can.ulllny
ln.a
In w
oorpwalW
Fa,.".vill., Arkama.
Section F-160 - 1
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b. Quality. Posts shall be peeled, sound, straight -grained,
free from decay, cracks, and splits; shakes shall not be in excess
of 1/4 inch wide and 3 feet long. Checks (lengthwise separations
of the wood in a generally radial direction) are permitted,
provided they are not injurious.
c. Dimensions. All posts shall be of the length shown on the
plans. Posts shall have the minimum size shown on the plans and as
specified.
d. Manufacture. Outer bark shall be completely removed from
all posts including depressions. Inner bark shall be removed from
all post surfaces to be treated, except inner bark may remain in
depressions. The amount of wood shaved off in the removal of inner
bark shall be held to a minimum.
e. Treatment.
(1) Full length treatment. Posts shall be conditioned
by air seasoning, steaming, or heating in oil in a manner that
prevents injurious checking, splitting, or warping before
treating. The treatment, care and preservative shall be in
accordance with Fed. Spec. TT -W-571.
160-2.4 BRACES. Cleats, gate stops, and braces shall be of the
size shown on the plans. They shall be of the same species and
quality specified for the posts or approved by the Engineer, and
they shall be free from knots larger than one-third the width of
the piece. Gate stops shall be made of posts of suitable length.
Braces may be made of posts of suitable length or of sawed lumber.
All cleats, gate stops, and any braces in contact with the ground
and for a distance of at least 6 inches above the ground shall be
treated by the hot and cold bath process, specified herein for
posts. The wire used in cable for bracing shall conform to
160-2.le.
160-2.5 STAPLES. The staples shall be No. 9 galvanized steel
wire, 1 inch long for hardwood posts and 1-1/2 inches long for use
in softwood posts.
160-2.6 CONCRETE. Concrete shall be of commercial grade as
specified in Item P-610.
CONSTRUCTION METHODS
160-3.1 GENERAL. The fence shall be constructed in accordance
with the details on the plans and as specified herein using new
materials, and all work shall be performed in a workmanlike manner,
satisfactory to the Engineer. Prior to the beginning of the work
or upon the request of the Contractor, the Engineer shall locate
the position of the work by establishing and marking the property
MCCI.IIond
fl C.n.alilnd
Ena/nur.
Inaerperot.d
Fa,.B.v111., ArkanW.
Section F-160 - 2
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line or fence line. When directed, the
opening below the fence with barbed wire
length at locations of small natural or
is not practical to conform the fence to
ground surface. The new fence shall b
terminals of existing fences whenever
The finished fence shall be plumb, taut
contour, and complete in every deta
Contractor shall stake down the woven wi
between posts.
Contractor shall span the
fastened to posts of extra
drainage ditches where it
the general contour of the
e permanently tied to the
required by the Engineer.
true to line and ground
il. When directed, the
.re fence at several points
When directed, in order to keep stock on adjoining property
enclosed at all times, the Contractor shall arrange the work so
that construction of the new fence will immediately follow the
removal of existing fences. The length of unfenced section at any
time shall not exceed 300 feet or such length that the stock can be
kept in the proper field. The work shall progress in this manner,
and at the close of the working day, the newly constructed fence
shall be tied to the unremoved existing fence. Any openings in the
fence shall be guarded when stock is using the adjoining property.
160-3.2 CLEARING FENCE LINE. The site of the fence shall be
sufficiently clear of obstructions, and surface irregularities
shall be graded so that the fence will conform to the general
contour of the ground. The fence line shall be cleared to a
minimum distance of 25 feet or as indicated on the Drawings. This
clearing shall consist of the removal of all stumps, brush, rocks,
trees, or other obstructions which will interfere with proper
construction of the fence. Stumps within the cleared area of the
fence line shall be grubbed or excavated. The bottom of the fence
shall be placed a uniform distance above ground as specified in the
plans. When shown on the plans or as directed by the Engineer, the
existing fences which coincide with, or are in a position to
interfere with, the new fence location shall be removed by the
Contractor as part of the construction work, unless such removal is
listed as a separate item in the bid schedule. All holes remaining
after post and stump removal shall be refilled with suitable soil,
gravel, or other material acceptable to the Engineer and shall be
compacted properly with tampers.
The work shall include the handling and disposal of all material
cleared, of excess excavation and the removal of spoiled material
regardless of the type, character, composition, or condition of
such material encountered.
160-3.3 SETTING POSTS. Posts shall be set with large ends down,
plumb, and in good line on the side on which the wire is to be
fastened. Posts shall be set full depth and shall not be cut off
to eliminate rock or other excavation. Where rock is encountered,
it shall be removed, even if blasting is necessary, to provide
full -depth and full-size holes. The bottoms of all posts shall be
Section F-160 - 3
NCcl.Il.nd
' Co., .ultin o
of
IIconcerOKONO
FCy.RM1vlll., Ark.n...
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cut off square. The diameter of the holes shall be at least 6
inches larger than the diameter of the posts. When cleats are used
on posts, the holes shall be dug large enough to accommodate them.
After posts are placed and lined, the holes shall be backfilled
with suitable material which shall be properly compacted by the use
of tampers. The posts adjacent to end, corner, anchor, and gate
posts shall be set and braced with braces and wire, as shown on the
plans. No extra compensation shall be made for rock excavation.
Rock excavation shall not be grounds for extension of time.
160-3.4 ANCHORING. Corner, end, gate, and adjacent intermediate
posts shall be anchored, by gaining and spiking cleats to the sides
of the posts, as indicated on the plans. No cleats will be
required on other intermediate posts or on anchor posts.
160-3.5 BRACING. End, corner, anchor, and gate posts shall be
braced by using a post of sufficient length or a piece of sawed
lumber of the proper size, together with a wire cable. The wooden
brace shall be gained and securely spiked into the end, corner,
anchor, or gate posts and into the next intermediate posts about 6
inches from the top of the respective posts. A cable made of a
double strand of galvanized soft wire shall be looped around the
end, corner, anchor, or gate post near the ground and around the
next intermediate post about 12 inches from the top. After the
cable has been stapled in this position, it shall be twisted until
tight. The staples used to hold the cable shall be not less than
1-1/2 inches long. The tool used for twisting the cable shall be
left in placed to permit later adjustment of bracing if found
necessary. Anchor posts shall be set at approximately 500 -foot
intervals and braced to the adjacent posts. Posts shall be braced
before the wire fencing is placed.
160-3.6 INSTALLING WIRE. The wires shall be placed on the side of
the posts away from the airport or as directed. The wire fence
shall be placed on the posts at the height indicated on the plans.
Longitudinal wires shall be installed parallel and drawn uniformly
taut. The vertical stay wires of the woven wire fencing shall be
straight and vertical. At end and gate posts the woven wire and
barbed wire shall be wrapped once around the post; each
longitudinal wire shall be stapled at least three times and the
ends of these wires shall be tied with a snug, tight twist. Each
longitudinal wire shall be stapled to each intermediate post with
one steel wire staple; at the corner and anchor posts, two or more
stapled shall be used. The top strand of barbed wire of all fences
shall be stapled with two staples in each post. All staples shall
be set diagonally with the grain of the wood and driven up tight.
After the fence has been erected, the tops of the wood posts shall
be sawed of f with a 1 -to -3 pitch. The bottom wire of the wire
fencing shall clear the ground by not more than 9 inches or less
than 4 inch at any place.
ngOUNOM
Consulting
o
g
lncwperalW
Faysu.vilis, Arkansas
Section F-160 - 4
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Section F-160 - 5
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160-3.7 SPICING WIRE. Wire splices in longitudinal wires will be
permitted if made with an approved galvanized bolt -clamp splice or
a wire splice made as follows: The end of the wires shall be
carried 3 inches past the splice tool and wrapped around the other
wire away from the tool for at least six turns in opposite
directions. After the tool is removed, the space occupied by it
shall be closed by pulling the ends together. The unused ends of
the wires shall be cut close to make a neat, workmanlike job.
Woven wire shall be spliced only at posts.
160-3.8 INSTALLING GATES. The gates shall be hung on gate
fittings, as shown on the plans. Fittings on the gate posts shall
be clamped, screwed, or bolted to prevent slipping. Gates shall be
so erected as to swing in the direction indicated and shall be
provided with gate stops, as specified or as shown on the plans.
Gates shall be erected locations shown on the plans.
160-3.9 EXISTING FENCE CONNECTIONS. Wherever the new fence joins
an existing fence, either at a corner or at the intersection of
straight fence lines, a corner or anchor post shall be set at the
junction and braced and anchored the same as herein described for
corner posts.
If the connection is made at other than the corner of the new
fence, the last span of the old fence shall contain a brace span.
160-3.10 CLEANING UP. The Contractor shall remove from the
vicinity of the completed work all tools, buildings, equipment,
etc., used during construction.
160-4.1 Fences shall be measured in place from outside to outside
of end posts or corner posts and shall be the length of fence
actually constructed, except for the space occupied by the gates.
160-4.2 Barbed-wire gates shall be measured in units for each gate
installed and accepted.
BASIS OF PAYMENT
160-5.1 Payment will be made at the contract unit price per linear
foot for barbed wire fence. This price shall be full compensation
for furnishing all materials and for preparation, erection, and
installation of these materials, and for all labor, equipment,
tools and incidentals necessary to complete the item.
MCCI.11and
' a Cn.plllnp
wppora
Inmrparal.a
Fay.lf.vlll., Ar"n.a.
160-5.2 Payment will be made at the contract unit price per each
for metal gate. This price shall be full compensation for
furnishing all materials and for all preparation, erection, and
installation of these materials and for all labor, equipment,
tools, and incidentals to complete the item.
Payment will be made under:
Bid Item No. 5 4 -Ft Barbed-wire Fence, -- per linear
foot.
Bid Item No. 6 12 -ft Metal Gate, -- per each
END OF SECTION
Section F-160 - 6
1 MctttllOnd
Co.MJtlng
Enpin..', .os
Incrpxal.!
F.)Nt.rill., Arkansas
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ITEM T-901
SEEDING
901-1.1 This item shall consist of soil preparation, seeding the
areas shown on the plans or as directed by the Engineer in
accordance with these specifications.
901-2.1
SEED The species
and application rates of grass,
legume,
and
cover -crop seed furnished
shall be those
stipulated
herein.
Seed
shall conform to the
requirements of Fed.
Spec. JJJ-S-181.
Seed shall be furnished separately or in mixtures in standard
containers with the seed name, lot number, net weight, percentages
of purity and of germination and hard seed, and percentage of
maximum weed seed content clearly marked for each kind of seed.
The Contractor shall furnish the Engineer duplicate signed copies
of a statement by the vendor certifying that each lot of seed has
been tested by a recognized laboratory for seed testing within 6
months of date of delivery. This statement shall include: name
and address of laboratory, date of test, lot number for each kind
of seed, and the results of tests as to name, percentages of purity
and of germination, and percentage of weed content for each kind of
seed furnished, and, in case of a mixture, the proportions of each
kind of seed.
Variety
Creeping Red Fescue
Fall Fescue (K-31)
Weeping Love Grass
Tall Fescue (K-31)
Tall Fescue (K-31)
Rye Grass (preannual
Crimson Clover (Dixie)
March 15 - June 15
Pounds Per Acre
25
30
June 16 - August 31
October 15 - March 15
20
35
30
35
20
Section T-901- 1
consulting
Engio..rs
Inaoncorp.ralM
Foy.A.vllb, Arkansas
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901-2.2 LIME. Not Applicable.
901-2.3 FERTILIZER. Fertilizer shall be standard commercial
fertilizers supplied separately or in mixtures containing the
percentages of total nitrogen, available phosphoric acid, and
water-soluble potash. They shall be applied at the rate and to the
depth specified herein, and shall meet the requirements of Fed.
Spec. O -F-241 and applicable state laws. 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.
The fertilizers may be supplied in one of the following forms:
a. A dry, free -flowing fertilizer suitable for application by
a common fertilizer spreader;
b. A finely -ground fertilizer soluble in water, suitable for
application by power sprayers; or
C. A granular or pellet form suitable for application by
blower equipment.
Fertilizers shall be 10-20-10 commercial fertilizer and shall be
spread at the rate of 500 pounds per acre.
901-2.4 SOIL FOR REPAIRS. The soil for fill and topsoiling 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
901-3.1 ADVANCE PREPARATION AND CLEANUP. After grading of areas
has been completed and before applying fertilizer and ground
limestone, areas to be seeded shall be raked or otherwise cleared
of stones larger than 2 inches in any diameter, sticks, stumps, and
other debris which might interfere with sowing of seed, growth of
grasses, or subsequent maintenance of grass -covered areas. If any
damage by erosion or other causes has occurred after the completion
of grading 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.
MCptelland
conwltlna
Login..ra
Incorporated
Fayetteville, Arkansas
Section T-901- 2
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An area to be seeded shall be considered a satisfactory seedbed
without additional treatment if it has recently been thoroughly
loosened and worked to a depth of not less than 5 inches as a
result of grading operations and, if immediately prior to seeding,
the top 3 inches of soil is loose, friable, reasonably free from
large clods, rocks, large roots, or other undesirable matter, and
if shaped to the required grade.
However, when the area to be seeded is sparsely sodded, weedy,
barren and unworked, or packed and hard, any grass and weeds shall
first be cut or otherwise satisfactorily disposed of, and the soil
then scarified or otherwise loosened to a depth not less than 5
inches. Clods shall be broken and the top 3 inches of soil shall
be worked into a satisfactory seedbed by discing, or by use of
cultipackers, rollers, drags, harrows, or other appropriate means.
901-3.2 DRY APPLICATION METHOD.
a. Fertilizing Following advance preparations and cleanup
fertilizer shall be uniformly spread at the rate which will provide
not less than the minimum quantity stated in paragraph 901-2.3.
b. Seeding. Grass seed shall be sown at the rate specified
in paragraph 901-2.1 immediately after fertilizing, and the
fertilizer and seed shall be raked to a depth of 1 to 2 inches.
Seeds of legumes, either alone or in mixtures, shall be inoculated
before mixing or sowing, in accordance with the instructions of the
manufacturer of the inoculant. When seeding is required at other
than the seasons stated in paragraph 2.1 a cover crop shall be sown
by the same methods required for grass and legume seeding.
a. Rolling. After the seed has been properly covered, the
seedbed shall be immediately compacted by means of an approved
lawnroller, weighing 40 to 65 pounds per foot of width for clay
soil (or any soil having a tendency to pack), and weighing 150 to
200 pounds per foot of width for sandy or light soils.
901-3.3 MAINTENANCE OF SEEDED AREAS. The Contractor shall protect
seeded areas against traffic or other use by warning signs or
barricades, as approved by the Engineer. Surfaces gullied or
otherwise damaged following seeding shall be repaired by regrading
and reseeding as directed. The Contractor shall mow, water as
directed, and otherwise maintain seeded areas in a satisfactory
condition until final inspection and acceptance of the work.
When either the dry or wet application method outlined above is
used for work done out of season, it will be required that the
Contractor establish a good stand of grass of uniform color and
density to the satisfaction of the Engineer. If at the time when
the contract has been otherwise completed it is not possible to
make an adequate determination of the color, density, and
MCCI.11and
Inc.rp.rand
Fay.rt.vill., Ar*on.a.
Section T-901- 3
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uniformity
of such stand of grass,
payment for
the unaccepted
portions of
the areas seeded out of
season will be
withheld until
such - time as these requirements have
been met.
901-4.1
The quantity
of
seeding
to be paid for shall be
the number
of acres
measured on
the
ground
surface, completed and
accepted.
901-5.1 Payment shall be made at the contract unit price per acre
or fraction thereof, which price and payment shall be full
compensation for furnishing and placing all material and for all
labor, equipment, tools, and incidentals necessary to complete the
work prescribed in this item.
Payment will be made under:
Bid Item No. 10 Seeding --per acre.
END OF SECTION
MCCNIIOM
conwiUn.
o .
EMln..r.
Foy.IN rail., Ar.onw.
Section T-901- 4
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ITEM T-905
TOPSOILING
DESCRIPTION
905-1.1 This item shall consist of preparing the ground surface
for topsoil application, removing topsoil from designated
stockpiles or areas to be stripped on the site, and placing and
spreading the topsoil on prepared areas in accordance with this
specification at the locations shown on the plans or as directed by
the Engineer.
905-2.1 TOPSOIL. Topsoil shall be the surface layer of soil with
no admixture of refuse or any material toxic to plant growth, and
it shall be reasonably free from subsoil and stumps, roots, brush,
stones (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 organic content shall be
not less than 3% nor more than 20% as determined by the wet -
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 ASTM
C 117.
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.
CONSTRUCTION METHODS
905-3.1 GENERAL. 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.
flMCCls gland
conrjlting
Egpinssrs
hi tparand
Fa)sllavills, Arkansas
Section T-905 - 1
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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 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, briars, 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 disking 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.
905-3.4 PLACING TOPSOIL. The topsoil shall be evenly spread on
the prepared areas to a uniform depth of 4 inches after compaction,
unless otherwise shown on the plans. Spreading shall not be done
when the ground or topsoil is frozen, excessively wet, or otherwise
in a condition detrimental to the work. Spreading shall be carried
MCCMI land
Con nil!
fl
yy
Inpprp.rpa0
Fo,./avill., Arkpinpe
Section T-905 - 2
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on so that turfing operations can proceed with a minimum of soil
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 raked 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.
905-4.1 Topsoil shall be measured as the complete item for the
placement of topsoil within the cleared and disturbed limits
accepted by the owner and Engineer.
BASIS OF PAYMENT
905-5.1 Payment will be made at the contract lump sum price for
topsoiling. This price shall be full compensation for furnishing
all materials and for all preparation, placing, and spreading of
the materials, and for all labor, equipment, tools, and incidentals
necessary to complete the item.
Payment will be made under:
Bid Item No. 7 Topsoiling --per lump sum
Section T-905 - 3
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McCl.11and caincorr
u ioa
Enpinr.
Incorporated
Faplbvllll Arkansas
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ITEM T-908
MULCHING
DESCRIPTION
908-1.1 This item shall consist of furnishing, hauling, placing,
and securing mulch on surfaces indicated on the plans or designated
by the Engineer.
MATERIALS
908-2.1 MULCH MATERIAL. Acceptable mulch shall be the materials
listed below or any approved locally available material that is
similar to those specified. Low grade, musty, spoiled, partially
rotted hay, straw, or other materials unfit for animal consumption
will be acceptable. Mulch materials, which contain matured seed of
species which would volunteer and be detrimental to the proposed
overseeding, or to surrounding farm land, will not be acceptable.
Straw or other mulch material which is fresh and/or excessively
brittle, or which is in such an advanced stage of decomposition as
to smother or retard the planted grass, will not be acceptable.
a. Hay. Hay shall be native hay, sudan grass hay, broomsedge
hay, legume hay, or similar hay or grass clippings.
b. Straw. Straw shall be the threshed plant residue of oats,
wheat, barley, rye, or rice from which grain has been removed.
c. Hay Mulch Containing Seed. Hay mulch shall be mature hay
containing viable seed of native grasses or other desirable species
stated in the special provisions or as approved by the Engineer.
The hay shall be cut and handled so as to preserve the maximum
quantity of viable seed. Hay mulch which cannot be hauled and
spread immediately after cutting shall be placed in
weather -resistant stacks or baled and stored in a dry location
until used.
d. Asphalt Binder. Asphalt binder material shall conform to
the requirements of ASTM D 977, Type SS -1 or RS -1.
908-2.2 INSPECTION. Within 5 days after acceptance of the bid,
the Engineer shall be notified of sources and quantities of mulch
materials available and the Contractor shall furnish him with
representative samples of the materials to be used. These samples
may be used as standards with the approval of the Engineer and any
materials brought on the site which do not meet these standards
shall be rejected.
Section T-908 - 1
NCClaland
Con.altlnp
o p
EMln..r.
Incorporated
Fay.H.vifle, Arkan.a.
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CONSTRUCTION METHODS
908-3.1 MULCHING. Before spreading mulch, all large clods,
stumps, stones, brush, roots, and other foreign material shall be
removed from the area to be mulched. Mulch shall be applied
immediately after seeding. The spreading of the mulch may be by
hand methods, blower, or other mechanical methods, provided a
uniform covering is obtained.
Mulch material shall be furnished, hauled, and evenly applied on
the area shown on the plans or designated by the Engineer. Straw
or hay shall be spread over the surface to a uniform thickness at
the rate of 2 to 3 tons per acre to provide a loose depth of not
less than 1-1/2 inches nor more than 3 inches. Other organic
material shall be spread at the rate directed by the Engineer.
Mulch may be blown on the slopes and the use of cutters in the
equipment for this purpose will be permitted to the extent that at
least 95% of the mulch in place on the slope shall be 6 inches or
more in length. When mulches applied by the blowing method are
cut, the loose depth in place shall be not less than 1 inch nor
more than 2 inches.
908-3.2 SECURING MULCH. The mulch shall be held in place by
asphalt binder, other adhesive material or netting, approved by the
Engineer. Where mulches have been secured by either of the asphalt
binder methods, it will not be permissible to walk on the slopes
after the binder has been applied. The Contractor is warned that
in the application of asphalt binder material he must take every
precaution to guard against damaging or disfiguring structures or
property on or adjacent to the areas worked and that he will be
held responsible for any such damage resulting from his/her
operations.
908-3.3 CARE AND REPAIR.
a. The Contractor shall care
final acceptance of the project.
providing protection against traff.
warning signs, as approved by the
barricades that may be shown on the
after mulching has been completed on
for the mulched areas until
Such care shall consist of
Lc or other use by placing
Engineer, and erecting any
plans before or immediately
the designated areas.
b. The Contractor shall be required to repair or replace any
mulching that is defective or becomes damaged until the project is
finally accepted. When, in the judgment of the Engineer, such
defects or damages are the result of poor workmanship or failure to
meet the requirements of the specifications, the cost of the
necessary repairs or replacement shall be borne by the Contractor.
However, once the Contractor has completed the mulching of any area
in accordance with the provisions of the specifications and to the
satisfaction of the Engineer, no additional work at his/her expense
Mccl. done
Conwllinq
Lit n..r,
Inaorporat.e
Fa/Hl.vill., Arkansas
Section T-908 - 2
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will be required, but subsequent repairs and replacements deemed
necessary by the Engineer shall be made by the Contractor and will
be paid for as additional or extra work.
C. If the 'asphalt spray'' method is used, all mulched
surfaces shall be sprayed with asphalt binder material so that the
surface has a uniform appearance. The binder shall be uniformly
applied to the mulch at the rate of approximately 8.0 gallons per
1,000 square feet, or as directed by the Engineer, with a minimum
of 6.0 gallons and a maximum of 10 gallons per 1,000 square feet
depending on the type of mulch and the effectiveness of the binder
securing it. Bituminous binder material may be sprayed on the
mulched slope areas from either the top or the bottom of the
slope. An approved spray nozzle shall be used. The nozzle shall
be operated at a distance of not less than 4 feet from the surface
of the mulch and uniform distribution of the bituminous material
shall be required. A pump or an air compressor of adequate
capacity shall be used to insure uniform distribution of the
bituminous material.
d. If the 'asphalt mix'' method is used, the mulch shall be
applied by blowing, and the asphalt binder material shall be
sprayed into the mulch as it leaves the blower. The binder shall
be uniformly applied to the mulch at the rate of approximately 8.0
gallons per 1,000 square feet or as directed by the Engineer, with
a minimum of 6.0 gallons and a maximum of 10 gallons per 1,000
square feet depending on the type of mulch and the effectiveness of
the binder securing it.
METHOD OF
908-4.1 Mulching shall be considered as subsidiary to Bid Item No.
10 for seeding.
BASIS OF PAYMENT
908-5.1 Payment will be made under Bid Item No. 10 seeding. The
price shall be full compensation for furnishing all materials and
for placing and anchoring the materials, and for all labor,
equipment, tools, and incidentals necessary to complete the item.
END OF SECTION
McCSIsnd
E glMan
Ina>asrols0
Foy.tnvillo. Arkansas
Section T-908 - 3
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ITEM L-119
INSTALLATION OF AIRPORT OBSTRUCTION LIGHTS
119-1.1 This item shall consist of furnishing and installing
obstruction lights in accordance with these specifications.
Included in this item shall be the furnishing and installing of
steel poles, or other supports as required in the plans or
specifications.
This item shall also include all wire and cable connections, the
furnishing and installing of all necessary conduits and fittings,
insulators, and etc. In addition, it includes the furnishing and
installing of all lamps and, if required, the servicing and testing
of the installation and all incidentals necessary to place the
lights in operation as completed units to the satisfaction of the
Engineer.
EQUIPMENT AND MATERIALS
119-2.1 GENERAL.
a. Airport lighting equipment and materials covered by
Federal Aviation Administration (FAA) specifications shall have the
prior approval of the FAA, and are listed in Advisory Circular (AC)
150/5345-1, Approved Airport Equipment.
b. All other equipment and materials covered by other
reference specifications shall be subject to acceptance through
manufacturer's certification of compliance with the applicable
specification when requested by the Engineer.
119-2.2 OBSTRUCTION LIGHTS. The obstruction lights shall conform
to the requirements of AC 150/5345-43, Specification for
Obstruction Lighting Equipment.
119-2.3 CONDUIT. Steel conduit and fittings shall be in
accordance with Underwriters Laboratories Standard 6, 514, and
1242.
119-2.4 WIRES. Wires in conduit rated up to 600 volts,
thermoplastic wire conforming to Fed. Spec. 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. Overhead line wire from pole to pole, where specified,
shall conform to ANSI 8.35.
MCCI.f land
fl Consul llny
Enalno.r.
nar0orana
Fay.INv/ll., Arkon.o.
Section L-119 - 1
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119-2.6 MISCELLANEOUS. Paint, poles, pole foundations,
insulators, and all other miscellaneous materials necessary for the
completion of this item shall be new and first -grade commercial
products. These products shall be as specified in the plans or
specifications.
CONSTRUCTION METHODS
119-3.1 PLACING THE OBSTRUCTION LIGHTS. The Contractor shall
furnish and install single- or double -obstruction lights as
specified in the proposal and shown in the plans. The obstruction
lights shall be mounted on poles, buildings, or towers
approximately at the location shown in the plans. The exact
location shall be as directed by the Engineer.
119-3.2 INSTALLATION ON POLES. Where obstruction lights are to be
mounted on poles, each obstruction light shall be installed with
its hub at least as high as the top of the pole. All wiring shall
be run in not less than 1 -inch galvanized rigid steel conduit.
Conduit shall be fastened to the pole with galvanized steel pipe
straps and shall be secured by galvanized lag screws. Poles shall
be painted as shown in the plans and specifications.
119-3.3 WIRING. The Contractor shall furnish all necessary labor
and materials and shall make complete electrical connections from
the underground cable or other source of power in accordance with
the wiring diagram furnished with the project plans. If
underground cable is required for the power feed and if duct is
required under paved areas, the cable and duct shall be installed
in accordance with Item L-108, Installation of Underground Cable
for Airports, and Item L-110, Installation of Airport Underground
Electrical Duct.
119-3.4 LAMPS. The Contractor shall furnish and install in each
unit one or two lamps, as required, conforming to the following
requirements:
a. Series lamp --6.6 ampere, 1020 -lumen, a-21 clear bulb,
medium prefocus base.
b. Multiple lamp --100, 107, or 116 watts; 115, 120, or 125
volts; a-21 clear bulb, medium screw base.
119-3.5 TESTS. The installation shall be fully tested by
continuous operation for not less than 1/2 hour as a completed unit
prior to acceptance. These tests shall include the functioning of
each control not less than 10 times.
flMCCI.11and
Con wiling
EMlnors
Incorporated
Fay.INvill., Arkansas
Section L-119 - 2
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METHOD OF
119-4.1 The quantity of lights to be paid for under this item
shall be the number of single- or double -type obstruction lights
installed and accepted as completed units, in place, ready for
operation.
119-5.1 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 incidentals necessary to complete this item.
Payment will be made under:
Bid Item 8 Obstruction Light, Pole and Wiring, --per each
MATERIAL REQUIREMENTS
Fed.Spec.J-C-30 Cable and Wire, Electrical (Power,
Fixed Installation)
AC 150/5345-7 Specification for L-824 Underground
Electrical Cable for Airport
Lighting Circuits
AC 150/5345-42 Specification for Airport Light Base
and Transformer Housings, Junction
Boxes, and Accessories
AC 150/5345-43 Specification for Obstruction
Lighting Equipment
ANSI 8.35 Weather -Resistant Polyolefin-Covered
Wire and Cable
END OF SECTION
MCCI.IIa"
Ca,wsEn/In1lin
lnasa.ral.d
Fa,vl1.vill., Arkamus
Section L-119 - 3
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SECTION 16010
GENERAL ELECTRICAL WORK
PART 1 GENERAL
1.01 WORK INCLUDED
A. The General and Special Conditions are a part of this
Division of the Specifications and all Provisions
contained therein which affect this work are as binding
as though incorporated herein.
B. Provide all necessary labor, material, services, and
skilled supervision. Install all the work in a neat
manner; complete in every detail and in all respects
ready for this intended use,within the limits indicated
in the Drawings, Specifications, or other Contract
Documents.
C. Secure and pay for all permits, licenses and fees. Give
Owner Certifications of Final Inspection if available.
D. The work shall include, but not be limited to, the
following:
1. Incoming secondary service.
2. Conduit and conduit fittings, wire and wire
connections.
3. Wiring devices.
4. Safety switches and disconnects.
5. Outdoor obstruction lighting fixtures, poles and
mounting hardware, including concrete foundations
for lighting standards, unless otherwise noted on
Drawings or Specifications.
6. Lighting relays, relay panels and controls,
contactors and photocells for lighting control
systems.
E. The work shall also include removal or relocation of
existing electrical equipment and conduit as required by
demolition. Removed materials shall remain the property
of the Owner unless otherwise noted. Coordinate
MCCIIIIUM
E,glpOn
InGwDOrnIM
FGpH/VIIII, Arkansas
demolition with the Engineer/Owner prior to
construction.
' 1.02
A.
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1.03
ITEMS PROVIDED BY OTHERS
Verify installation details for materials and equipment
indicated to be furnished by others and installed or
connected under this section of the Specifications.
Verification shall be completed prior to construction
of, or construction effecting said materials and
equipment.
COORDINATION
A. Plan all work so that it proceeds with a minimum of
interference between trades. Furnish materials and
information in proper sequence for all special frames,
openings, pipe sleeves, foundations, etc., as required.
B. Perform all work in conformance with the construction
called for by other trades and afford other Contractors
reasonable opportunity for the execution of their work;
properly connect and coordinate this work with the work
of other Contractors at such times and in such a manner
as not to delay or interfere with their work.
C. Examine the Drawings and Specifications for all portions
of the work, and coordinate accordingly.
D. See the General Specifications for more stipulations
concerning Coordination.
1.04 FIELD ENGINEERING
A. All Engineering instituted in the field by other than
Engineer shall be used only after proper written
documentation has been submitted to the Engineer for
approval. Proper documentation shall consist of the
purpose of the field Engineering and all supporting data
required to clearly describe and indicate the requested
change, alteration, addition, and/or deletion to the
Drawings and/or Specifications are prepared by the
Engineer. This documentation shall clearly indicate the
name, address, and telephone number of the person or
company responsible for this submittal.
McClelland
con Wlllap
ffnw n.. rt
c;o
nrp II. peraled
Fawrleville, Arkamas
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1.05 REGULATORY REQUIREMENTS
A. To the extent provided in the General Conditions, comply
with the latest edition of the National Electrical
Safety Code and the National Electrical Code and the
interim Amendments in effect at the time of the
proposal; and comply with all FAA, local, state, and
utility regulations or laws. Should the Drawings or
Specifications contradict local rulings, the local rules
shall take precedence unless special approval is issued
by the authority enforcing the rulings in which a copy
of this written approval shall be sent to the Engineer
prior to construction. Correct any violations cited by
the enforcing authority.
1.06 ABBREVIATIONS AND SYMBOLS
ABBREVIATION MEANING
AFG
Above Finish Grade
AIC
Amps Interrupting Capacity
ANSI
American National Standards
Institute
ASTM
American Society for Testing &
Materials
AWG
American Wire Gage
BFG
Below Finish Grade
C.B. or Cct.Brkr
Circuit Breaker
Cct.
Circuit
C.
Conduit
Contr.
Contractor
Disc.
Disconnect
Exist.
Existing
Fixt.
Fixture
FM
Factory Mutual Research Corp.
Fut.
Future
GFI
Ground Fault Interrupter
GR.
Ground
CRC
Galvanized Rigid Conduit
IEEE
Inst. of Electrical &
Electronic Eng.
IMC
Intermediate Metallic Conduit
Incan.
Incandescent
ICEA
Insulated Cable Engineers
Assoc., Inc.
JB
Junction Box
Lt./Ltg.
Light/Lighting
LC
Lighting Contactor
Mtg./Mtd
Mounting/Mounted
Mcci.! land
fl Con SLASH n/
OQlnakri
0 IcarOera lsC
Fo fsvills, Arkansas
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IN. Neutral
NEC National Electrical Code
NEMA National Electrical
' Manufacturer's Assoc.
N.I.C. Not In Contract
N.T.S Not To Scale
' O.H. Overhead
PE Photo -electric Control
PVC Polyvinyl Chloride(or Rigid PVC
Conduit)
Recept. Receptacle
Req'd. Required
Sw. Switch
I
Transf. Transformer
Typ. Typical
U.G. Underground
' UL Underwriters Laboratories, Inc.
WP Weatherproof
W. Wire
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Symbols:
Symbols used
for items
of
equipment and
I
materials are
indicated
on
the Drawings.
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1.07 SHOP DRAWINGS
A. Submit for approval detailed Shop Drawings of all
equipment and all material required to complete this
project.
B. No material or equipment may be delivered to the job
site or installed at this project until receipt of the
approved Shop Drawings for the particular material or
equipment. Submit a minimum of five (5) copies of all
Shop Drawings in accordance with the General Conditions.
C. Failure to submit Shop Drawings in ample time for review
shall not constitute basis for an extension of contract
time, and no claim for extension by reason of such
default shall be allowed.
D. Furnish Shop Drawings for the following equipment:
1. Lighting fixtures and lamps.
2. Poles.
3. Safety switches.
4. Control panels.
5. Photocontrols.
6. Contactors.
7. Wiring devices and similar equipment.
MCCM,IYnd
CnnwUlny
enp,n
.rs
InwOo,arrolw
Foy.rl.vul•, Arfn,ou.
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8. Other equipment proposed for substitution. (See
Substitutions and Product Options section of this
Specification for more information.)
9. As otherwise requested by the Engineer.
10. Cable assemblies.
E. Provide and maintain Construction Facilities and
temporary controls in accordance with the General
Conditions and Special or Supplementary Conditions.
1.08 CONSTRUCTION AIDS
A. Contractor shall furnish in accordance with the General
Conditions, all required scaffolding, temporary work
platforms, etc., required for completion of his work
during his phase of this construction. Construction
aids shall be so utilized or constructed as to prevent
any hazard to the Contractor, other trades, personnel
working in and around the facility, or the structure.
1.09 BARRIERS
A. All areas traversed during the course of this work, and
buildings, materials, appliances, fixtures and
furnishings adjacent to the work site, shall be
protected against damage arising from or as a result of
work operations. Any damage incurred shall be repaired
without additional cost to the Owner.
B. Contractor shall construct necessary and/or required
barriers for protection of the aforementioned items.
All barriers shall be so constructed as to comply with
the intent of the requirements for construction and
erection of construction aids. (See Construction Aids
Sections of this Specification for more information.)
1.10 SECURITY
A. Contractor shall conform to all established security
regulations enforced at this facility and as indicated
in the General Conditions during all phases of
construction. The Engineer/Owner accepts no
responsibility for non -adherence to these regulations by
the Contractor or any other trades. It shall be the
sole responsibility of the Contractor to verity these
regulations, the location of any restricted areas, and
to acquire any clearances to these areas prior to
construction.
lc/ CI. hand
a canwllinp
Enpina.rt an
Inpoaoralaa
Fay.Aarllla, Arkcr.ws
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1.11 ACCESS ROADS
A. Contractor shall utilize only Owner/Owner's
Representative designated access roads and vehicle
loading and unloading areas. Theses areas shall be
verified with the Owner/Owner's Representative prior to
the start of construction. Repair or replacement of any
damage to the structure or grounds due to noncompliance
with this stipulation by the Contractor or his crew
shall be the responsibility of the Contractor.
1.12 TRAFFIC REGULATION
A. Contractor shall conform to all traffic and parking area
regulations and restrictions as established and enforced
by the General Conditions and as established and
enforced at this facility during all phases of
construction. Contractor shall utilized only the
Owner/Owner's Representative designated parking areas
for parking of construction vehicles, construction
workers' vehicles and storage facilities.
1.13 PROJECT IDENTIFICATION
A. Signs advertising materials or subcontractors will not
be allowed.
1.14 MATERIALS & EQUIPMENT
A. All materials and equipment shall bear the
Manufacturer's label and the UL label, where applicable.
Performance and operation shall be as designed, with
respect to efficiencies, capacities, quietness.
B. Torque all bolts in accordance with Manufacturer's
recommendations and UL listings standards.
1.15 TRANSPORTATION & HANDLING
A. Provide for the delivery of materials at such stages of
the work as will expedite the work as a whole.
1.16 STORAGE & PROTECTION
A. Provide for the safe storage of materials. Mark and
store materials so as to be easily checked and
inspected.
B. Protect all utilities, supplies and equipment subject to
AKCI.IIand
Con wSting Engsn.corpo oI
a
Iflncwpwo M
Fapl/aville, Arkansas
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damage by cold weather by covering, insulating, storing
in a heated place, or other approved means.
1.17 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Substitution shall be reviewed only if submitted for
approval a minimum of ten (10) working days prior to
ordering of equipment. If more then one review is
needed to determine a product substitution's
equivalence, an hourly charge based on the Engineer's
current rate schedule shall be imposed on additional
submittal reviews. Payment of this charge is the
responsibility of the Contractor.
B. Substitutions shall be submitted in compliance with the
General Conditions.
11.18 TESTING ELECTRICAL SYSTEMS
A. This section covers required testing of electrical
systems necessary for proper operation of system and its
associated equipment.
1. Service grounding system of made electrode shall be
measured by the fall of potential method.
2. Service entry shall be checked for phase rotation
and continuity.
3. Low voltage service entry cable and feeder circuit
cable shall be megger tested to insure insulation
integrity.
B. The products part of this specification covers the
testing devices required to accomplish the tests listed
in Part 1.
1. The fall potential method of grounding system
testing shall be accomplished with Biddle #250220 or
250260 earth tester or equal.
2. Phase rotation and continuity check shall be done
wit a Biddle #565250 or equal.
3. Medium voltage cable with rating of 15kv or less
shall be tested for dielectric absorption and
step -voltage with a Biddle #210415 or equal.
C. Test procedures shall be those recommended by the
manufacturer of the test instruments used and equipment
being tested.
MCCI.ilana
Cansol/Iny
a y
Incorporated
Fay.Usvllla, Arkansas
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1.19 CLEANING UP
A. During the period of construction, the Contractor shall
make every effort to keep the premises free of debris
and obstructions at all times. When this part of the
work is finished, remove from the premises all tools,
machinery and debris.
B. Project clean-up shall met the Owner's approval and
shall be in compliance with the General Conditions.
Failure to comply shall result in withholding of
Contractor's final payment.
1.20 PROJECT RECORD DOCUMENTS
A. Keep on hand at the job site at all times: a complete
set of project drawings, project manual, 1990 National
Electrical Code.
B. Deliver to the Engineer upon completion of the work
complete information as required to correct the Drawings
and Specifications to Record Documents. Information
shall be submitted and shall be in accordance to the
General Conditions.
1.21 OPERATION AND MAINTENANCE DATA
A. Obtain and submit to the Engineer three (3) suitably
bound sets of descriptive literature, maintenance and
operation data, and parts lists for each item of
equipment furnished and special operating procedures.
B. Preserve and
deliver to
the Engineer
any drawings,
instructions,
or manuals
under this
Contract.
C. Information shall be submitted in accordance to the
stipulations indicated in the General Conditions.
1.22 WARRANTIES, BONDS, AND AFFIDAVITS
A. Furnish a written Certificate of Warranty for all
materials, equipment, and labor to be free of defects
for a period of one (1) year from and after the date of
final acceptance of the work by the Architect. This
certificate shall further warrant that if any defects
appear within the stipulated warranty period, such work
shall be replaced without charge.
B. This warranty shall be extended include the capacity and
flhland
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Enlnnn
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Faya/sWlla, Arkanow
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integrated performance of the component parts in
accordance with the schedules on the Drawings and
Specifications, and the required labor for repair and/or
replacement of such items.
C. Documents shall be furnished as indicated in the General
Conditions.
1.23 FINAL INSPECTION
A. The Contractor shall give the Engineer requisite notice
relating to the work and shall afford the Architect and
his authorized Representatives every facility for
inspection.
B. Final inspection of the work under this Contract shall
be performed in accordance to General Conditions.
1.24 ELECTRICAL SYSTEM VOLTAGES
A. The following voltages shall apply unless otherwise
noted:
1. Lighting system is 120/240 volts, 1 phase, 3 wire
grounded neutral.
1.25 EQUIPMENT BY SINGLE MANUFACTURER
A. Where possible, safety switches and related equipment
shall be produced by one Manufacturer.
1.26 HEIGHTS OF DISCONNECT SWITCHES, PROTECTIVE DEVICES,
CONTROLLERS, ETC.
A. The mounting height of disconnect switches, circuit
breakers, motor controllers, pushbutton stations and
other similar devices and equipment will vary depending
upon location and whether individually or group mounted.
For convenience and safety, operating levers or handles
shall be mounted no more than 80" above finished floor
unless noted otherwise on Drawings.
END OF SECTION
MCCI.1 ngin. n
is
ond
In
' o Conwltin o
Enpin000raoroN,l
Forartavilla, Arkamas
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SECTION 16050
BASIC ELECTRICAL MATERIALS AND METHODS
PART 1 GENERAL
I11.01 ROADWAYS, CURBS, AND WALKS
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A. Use every possible precaution to prevent injuries to
roadways, curbs, and walks on or adjacent to the site of
the work and replace any such damaged items. This shall
also include damage necessary for installation of the
work.
1.02 TRENCHING
A. Perform all trenching and digging incidental to
Electrical work. Depth of cover shall conform with NEC
300-5 and NEC 710-3b unless otherwise noted. Where rock
is encountered, the same shall be excavated to a grade
three inches below the lowermost part of the conduit and
the trench shall be refilled to required grade as
specified. Trenches shall be sheathed or braced and
pumping or bailing performed as may be necessary to
protect the workmen and adjacent structures and to
permit proper execution of the work. Trenching shall
not interfere with existing walls, footings, or
utilities.
B. The Specifications and the Drawings in no way imply the
condition of the soil to be encountered. When
excavation may be required in execution of the work, the
Contractor agrees that he has informed himself regarding
conditions affecting the work and labor and material
required, without recourse to any representation as to
soil conditions that may appear, or seem to be implied,
in any portion of the Contract Documents.
C. Backfill shall be free from large particles where
adjacent to conduit or cable, and tamped in 6" layers.
Final 12" may be tamped in one layer.
D. Backfill under any construction shall be compacted to
95% optimum density to prevent settlement. Replace sod
or paving which has been removed for trenching. Remove
and dispose of excess material as directed by the
Engineer.
MCClsllana
Coo splling
o g
Engineers
IncorporatS
Fprtevillq Arkansas
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1.03 EXISTING ELECTRICAL LINES
A. If any existing power, telephone or other electrical
lines and appurtenances are encountered which interfere
with the proper installation of new work and which will
not be used in connection with new work, close such
items in proper manner.
B. If such items encountered must remain functional for
proper operation of existing systems and/or facilities,
the Contractor shall furnish and provide necessary labor
and materials to repair, replace, and/or relocate said
items as directed by the Engineer or his Representative.
1.04 EQUIPMENT PADS
A. The General Contractor shall furnish and install
concrete pads for electrical equipment and concrete
bases for lighting standards unless indicated otherwise.
' 11.05 ACCESS TO EQUIPMENT
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A. Locate all control devices, specialties, pull boxes,
etc., so as to provide for easy access for operation,
repair and maintenance.
1.06 PAINTING
A. Touch-up items of equipment whose factory finish has
been marred or damaged during installation, restoring it
to its original appearance.
1.07 IDENTIFICATION OF EQUIPMENT
A. Furnish and install laminated plastic nameplates with
3/4" minimum contrasting -color engraved letters for each
service disconnect, safety switch and time switch.
PART 2 PRODUCTS
2.01 RACEWAYS - CONDUIT
A. Install all wiring in conduit unless otherwise noted in
Drawings or Specifications.
B. Size
all conduits
in
accordance with
NEC or
as shown on
the
Drawings, but
in
no case less than
the
following:
All uses 3/4" minimum
MCCIelland
Consulting
Englne.n
Inporpera bd
Fayeflevllle, ArRonso.
C. Conduit types permitted (All types must bear the UL
Label): Rigid Metal Conduit (steel) - hot dip
galvanized, manufactured by Republic or approved equal.
D. Permitted for general exposed or concealed work, above
or below grade.
2.02 WIRES AND CABLES
A. All wire and cable as indicated and required by the
Drawings shall bear the UL Label and stamping indicating
wire size, type, voltage and grade, and shall meet the
Standard Specifications and Tests established for such
materials and construction by ASTMS NEMA, ANSI, IPCEA,
and Federal Specicifation J -C-30 where applicable.
B. Material construction data, insulation thickness, jacket
thickness, test data, and samples shall be submitted for
approval upon request.
C. Unless otherwise noted, all wire shall be code gauge,
soft annealed copper, not less than 98 per cent
conductivity and of the 600 volt class. No. 10 AWG and
smaller may be solid or stranded and shall have
insulation type THWN (TRW or XHHW may be used if conduit
size is increased.) No. 8 AWG and larger shall be
stranded and shall have insulation type THW. THWN, or
XHHW.
D. No wire shall be smaller than No. 12 AWG unless
otherwise noted.
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E. Incandescent Fixture Wire: Wire for final connection at
all incandescent lighting fixture sockets shall be NEC
Type SF -2 fixture wire rated 200 degrees C., 600 volts.
F. Color code all conductors in accordance with Section
210-5 of the NEC and the following:
SYSTEM VOLTAGE NEUTRAL "HOT" WIRE COLORS EQUIPMENT
COLOR GROUND COLOR
120/240V 1Ph 3W White Black, Red Green or
Bare
G. Where permitted by NEC for neutral, hot wires may be
colored -coded by tape or paint.
H. Other consistently applied color schemes may be used
ngini
fl a,
Enpinss,. n
Inperpprals0
Fayetteville, Arkansas
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with approval of Engineer.
I. Identify circuit numbers with synthetic cloth labels.
2.03 WIRE CONNECTIONS AND DEVICES
A. Run conductors without splices from outlet to outlet,
except within junction boxes. Make splices in No. 8 AWG
and smaller wire with Ideal "Wingnut" or 3M "Scotchlok"
connectors.
2.04 OUTLET BOXES AND CONDUIT FITTINGS
A. Boxes shall comply with the NEC in regard to allowable
fill.
B. Outlet boxes intended to support lighting fixtures shall
be suitable for the purpose.
C. Boxes in wet or damp locations shall be cast aluminum
with threaded hubs Type FS or FD.
2.05 CONDUIT CONNECTIONS
A. Outdoor GRC made with Meyers Seal-Tite hubs, O.Z. Gedney
(IT Series) Space Maker hub, Appleton Uni-Seal hub or
equal.
B. Threadless GRC fittings shall not be used.
PART 3 EXECUTION
3.01 INSTALLATION
A. Keep all openings in conduits closed during the progress
of the work. Swab conduits clean before pulling wire.
B. Arrange for conduits or exposed to weather to drain.
C. Paint all metallic conduits concealed in concrete on
grade, or in contact with earth, with two heavy
continuous coats of asphaltic paint or other approved
conduit protective covering after assembly of conduit
and fittings.
D. No reinforcing steel shall be displaced to accommodate
the installation. In general, all embedded conduits
shall be located in the physical center of the
particular section of concrete.
END OF SECTION
MCCI.11on4
fl Cnn,ulllnp
InMao,aloJ
Fo}.INv111H, A,kamas
SECTION 16421
SERVICE ENTRANCE
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Arrangement with Utility Company
for permanent electric
service including payment of Utility Companies charges
for service.
1.02
SYSTEM DESCRIPTION
A.
System Voltage: 120/240 volts,
single phase, three -
wire, 60 Hertz.
PART 2
PRODUCTS
2.01
EQUIPMENT
A.
Furnish all required material
in compliance with Utility
Company's requirements.
PART 3
EXECUTION
3.01
INSTALLATION
A.
Make arrangements with Utility
Companies to obtain
permanent electric service to
the Project and install
service entrance in accordance
with Utility Company's
rules and regulations.
END OF SECTION
MCClolland
Conwitng
Engineers
lncarperaf.d
Foy.U.villa, Arkansee
SECTION 16430
METERING
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Electrical Service Metering.
1.02
REGULATORY REQUIREMENTS
A.
Work shall be governed by the National Electric Code,
unless superseded by local ordinances or other legal
authority.
1.03
SUBMITTALS
A.
Submit product data to Utility Companies for approval.
PART 2
PRODUCTS
2.01
Provide meter cabinet and metering equipment as directed
by Utility Companies.
PART 3
EXECUTION
3.01
INSTALLATION
A.
Install metering items in accordance with Manufacturer's
instructions and local Utility Companies requirements.
END OF SECTION
M<Cbllana
Consulting
Englnaln
lnaoraorotsa
Fa)ottvllb, Arkansas
SECTION 16440
DISCONNECT SWITCHES
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Disconnect switches.
B.
Fuses.
C.
Enclosures.
1.02
SUBMITTALS
A.
Submit product data under provisions of Section 16010.
B.
Include outline drawings with dimensions, and equipment
ratings for voltage, capacity, horsepower, and short
circuit.
PART 2
PRODUCTS
2.01
ACCEPTABLE MANUFACTURERS - DISCONNECT SWITCHES
A.
Cutler Hammer.
B.
General Electric.
C.
Square D.
D.
Westinghouse.
E.
I -T -E.
F.
Sylvania/Challenger.
G.
Substitutions: Under provisions of Section 16010.
2.02
DISCONNECT SWITCHES
A.
Fusible Switch Assemblies: Type HD; quick -make, quick -
break, load interrupter enclosed knife switch with
externally operable handle interlocked to prevent
opening front cover with switch in "ON" position.
Handle lockable in "ON" or "OFF" position. Fuse Clips:
Designed to accommodate Class R fuses.
B.
Enclosures: Type as indicated on Drawings.
MCCSIlond
Con., lung
o a
Inaraorohd
Faye"evliN, Arkansas
2.03 FUSES
A. Fuses 600 Amperes and Less: Bussman Class RK1; RK5; as
indicated on Drawings; dual element, current limiting,
time delay, one-time fuse, 250 volt.
B. Interrupting Rating: 200,000 rms amperes.
PART 3 EXECUTION
3.01 INSTALLATION
A. Install disconnect switches where indicated on Drawings.
B. Install fuses in fusible disconnect switches.
END OF SECTION
MCClalland
Co., al/Ina
a a
[ngInws
Inctpotal.J
Fayan.Wlla, Arka mas
SECTION 16485
CONTACTORS
PART 1
GENERAL
1.01
WORK INCLUDED
A.
General purpose contactors.
B.
Lighting contactors.
C.
Enclosures.
1.02
SUBMITTALS
A.
Submit product data under provisions of Section 16010.
B.
Include outline drawings with dimensions, and equipment
ratings for voltage, capacity, and poles.
PART 2
PRODUCTS
2.01
ACCEPTABLE MANUFACTURERS - CONTACTORS
A.
Allen Bradley.
B.
General Electric.
C.
I-T-E/Seimens Allis.
D.
Square D.
E.
Westinghouse.
F.
Substitutions: Under provisions of Section 16010.
2.02
LIGHTING CONTACTORS
A.
Contactors: Electrically held or mechanically held with
control as scheduled on the Drawings.
B.
Coil Operating Voltage: 120 volts, 60 Hertz.
C.
Contacts: As indicated on Drawings.
PART 3
EXECUTION
3.01
INSTALLATION
A.
Install in accordance with Manufacturer's instructions.
END OF SECTION
MCCle fiend
Consulting
o g
Engineers
Inarpereted
Fayetteville, Areoneee
SECTION 16510
GHTING FIXTURES
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Exterior luminaries and accessories.
B.
Lamps.
C.
Brackets.
D.
Poles.
1.02
SUBMITTALS
A.
Submit product data under provisions of Section 16010.
B.
Include outline drawings, lamp data, support points, and
accessory information for each luminaire type.
PART 2
PRODUCTS
2.01
EXTERIOR LUMINARIES AND ACCESSORIES
A.
Enclosures: Complete with gaskets to form weatherproof
assembly.
2.02
ACCEPTABLE MANUFACTURERS - LAMPS
A.
Sylvania.
B.
General Electric.
C.
North American Phillips/Westinghouse.
D.
Substitutions: Under provisions of Section 16010.
2.03
LAMPS
A.
As scheduled on the Drawings, rated 130 volts.
PART
3
EXECUTION
3.01
INSTALLATION
A.
Install lamps in luminaries and lampholders.
MCCi IIond
CanwIring
a g
Etpmlurs
InasrppratW
Foy.tlavilla, Arkansas
3.02 RELAMPING
A. Relamp luminaries which have failed lamps at completion
of work.
3.03 ADJUSTING AND CLEANING
A. Align luminaries and clean lenses and diffusers at
completion of work. Clean paint splatters, dirt, and
debris from installed luminaries.
B. Touch up luminaire and pole finish at completion of
work.
END OF SECTION
MCCI. ii 004
Canto I lny
Enyln..rs
Inp.rpd
F.pfl.vill., Arkpnsa.