Loading...
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 gCl.rland 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 e f4 A- G'-4 , ` c (�(r �tJ" a c A u2 DOA ,AAc,�� 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+ n 6.. 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 a 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 I I I L HI I H I Li I I I I I I I I H 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 I I I I I C I I I I I I I I I I I 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 I J I I I L I [I LI I I ] I I 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 H I H I I I I I I I F C [1 I I I I 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 LI E H n I I [1 J 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 I I I C I I 1 I I I I 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 I n I I I n I [] I U I H I I a a H 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 LJ I I I I I U InL 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. I Li 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 I H I I [1 I H I I I I I C I I 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 I 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 1 - flo fld Conlliny E piwallMCCI.lrs IntsaorotW Fay.tlkville, Arkansas I RECEIVED SEI 2 8 1992 C , 1J I 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 I I I H I C C I Li I l I C I J 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. n I I I n I I n 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) I I I I I C C I h ___ 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 I I I I I I I I I L I I I I I 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 I [1 I [I 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. I I 11 C I [.1 I I I I H 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 I I I I U 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 I I IH H H I. H CSI C I C I C C 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 I C I I Li I 11 I C I I I J I I J 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) I 1 1 1 1 1 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 II I' I H C C Li I L H [1 I I [1 I 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 P G H I I I I I C L I I I C I I I 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. Wage, Labor, EEO & Safety Regulations - 1 MCCI•llane tang Elglnnn Ina>pprpl.a Fa "e vill., Arlon. I C L I I I I I I I I I I I I] I H 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. Wage, Labor, EEO & Safety Regulations - 2 MCCl.Iond a Conwllino Enginnaln.ers Inoorpora era Fa„ruvlll., Arkan.a. I I I [l I I I C C I 11 I I LI I I I I (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.) Wage, Labor, EEO & Safety Regulations - 3 MnGsOAM cenultlnq e flur. fcpinrs InceraerorW Fay*nsvUlq Arkonsas L I L J I I] I I I rI I I I 11 I I I (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 c M nevit y owIw.ny ftiqiiw rot Incorp.orpproloe Fay.tbville, Arkoniai I 1 I I I I I I I [I I I I Li I I L I 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. Wage, Labor, EEO & Safety Regulations - 5 MCpklland Conw Ill fl yy Enpinpon InwrpprnlW Foyk"bvlll., Arkvnwa L1 Eli El LI El El I I I H I I I I El fl H (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 Wage, Labor, EEO & Safety Regulations - 6 MCCMllond Consolllny Enylnssrs InCA'flraw Foy.Asvlllq Arkonws I U I I] I I I I I I I I I C1 I LJ 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 Wage, Labor, EEO & Safety Regulations - 7 I MCCUllond Con wSun Q E;rpor a InvorporatS FafHavilla, Arkanwz I I I I IJ I I I I I I I I I I 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 Wage, Labor, EEO & Safety Regulations - 8 Cm. 1 O MWItJ CI*'Q paEngils Inaaraoroge Fayerf.vlll., Arkansas II El I I I I I I I I Li I I I LI 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. Wage, Labor, EEO & Safety Regulations - 9 MCCSIiOAd con £41 ting Enalnern Incorporated Fayetteville, Arkaneae I I I I I I I I I L_: I I I I I I I 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 Wage, Labor, EEO & Safety Regulations - 10 MCCI11/orM ' Conwlfinq Elpinssrs InmporofS FaysttsvJls, Arkansas IILJ I I I I I I I I I I [I H I I 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 Madalland Ganwit? ng npinwra a Iflnoorperolae Fa»tbvill., Ar*onvas I I I I I I I I I I I C1 E 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 flMnObUuna Enpina lnooraorororM Fay nl Wlla, Arkane. I I I I I I I I I I I I I I CI I I 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 MKUuond CanwlSing ii' prporo"d 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 Wage, Labor, EEO & Safety Regulations - 14 MCCM fie nd M Erginurs InaorporoNd FaylAkvlllk, Arkansas I I I I I I L r LI I I Li I I I I I I 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 1 pgin.ilond .rs Con.ultjn0 Enqi n. InwrporaNC Foyettvlil., Arkorool I I I I I I I I I I I I I I Li I I I 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 flMCCMilond nc Inop*raerperene Foys"eville, Arkoneoe I I I I I I I.] I [] I I I I I I I I P U 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 flpcpl.11nn! ponsuiting EnpiI,.oa Inc.rier.l.E F.r.n. rill., Ark..... H I L I I I I I I I I I I I I (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 MCCIIIIdlld a canwlng noble rs corp a InaorpWOIM FaflMwill*, ArkaM & I L L I L I ri I I I I 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 1 fla MiCl8llGad Unwltlna Enpinkars InavaaratS Fa/fNvlll., Arkankak HLJ I I J I I I I I n I I I C I C] I 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 kr<CI*upnd Canwltin g Enpin.pn Inp>p,rosd Fpy.tLvlll., Arkpmp. I I I H I C I I I I L1 I I H I C 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 MCCI.II.nd o Coo Wlllny InglSo cur .a. Ino>p./oN0 Fa�A.vill., Arton.o. I II C L C H I C I I I Li I 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. I General Provisions - 1 I gObll.nU conwIHny a Eflogln..r. IncvaaraMJ Foy.11.vill.p Arkansas LJ 1 Il L 1 C LI C I I I I LI 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 General Provisions - 2 ' M<cb Ilona Con wIDne Englw•n Inca✓oorabe Fa,vn•vilie, Ar•anw• L L 1 I I L I [1 I [1 I L shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 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 General Provisions - 3 "*Clo lieS conwfling ntS cain.u. WGNal.d Fa,vR.vtlL, Arkon.a. I H [I I Li I I I I I I I I I I J 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 General Provisions - 4 Can a.11and l a Canal flInnalnnr. n Inarp.rof.a Fay.ILvill.q Arkansas I C I Li 1I 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 I I] General Provisions - 5 MCCSIand C sal. Con Ec;rpor. Inosrpsral.a Fanfl.vlllq Arkansas C I [1 I I Li I LJ I I I 1] I I I 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: General Provisions - 6 ' MC CI. IIUM Con so I tin Q Enganca pr. Incarpor.ral.0 Foy.Il.vlll., Arppn.p. I I I C I I I I F I I I [1 I I I I 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 Congo Hngin.McGalanld a Elan lglnaars Inaa'aaraW Fayafavilu, Arkansas I C C C C I 11 I [J I I I LI P I I I 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 ' Mn so tiara s Cnnsal.ny Erglnon IncsrperaNO Fcrflsvals, Arkansas I H I H I I] I [l I H I I I I [] 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 General Provisions - 9 MCC W IaM (bn.vlliag .r. sca Inaarp .r.rpaNa Fat/.viii., arkan.as L 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 General Provisions - 10 ' MCCl.11on0 Cons, Ill np Enampr. Inaxa.rar.0 Fay.n.vill., Arkansas i L I I H I HI J I I I I I n I 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 General Provisions - 11 MaClp fond Co on, W nUlno Enpmun Incur oorarM Fa/.rr.vsll., Arkansas I I C r C C I I I I I I I H L. I H H 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 McClelland 1 a Cansalllny Enalnors Jnc rporaled Fayetteville, Arkansas En C LJ I I C I U I Li I I I I L I C 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 General Provisions - 13 fl=tlp nogd IncorpaerperaHO Fartlkvrll., Arkansas 7i L I L L U L I U I 11 I 11 I L C L 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. General Provisions - 14 MCCISIICOd cacao Hifl InaXaera/sE Foy.Hsvllls, Arkomas C C L [1 I I El I El I I I I C C' 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 flCM21t rg rncorpoaraorar.d Fapn.villq Arkansas I I L I I I I I I I C C I I Li U I 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 NDCNllofld Cflan.vlr9 o . coln..n InoorD.rDNE Fay.11.ville, Arkon.e. I C C I I I [I TI I L. Li I I C I 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 Ja. hand Con.olllnq Engnglnu,, Inr. c.rperar.e Fo).A.vlll., Arkon.es 1 U 1 F I C I I I I I I [_1 1 I 11 General Provisions - 18 I 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. MKS.11ane ' a Lsnwlrins Ensinors lnosraeraM Far?Uvill., Arkansas L H I 1] H I I I [1 I I H I C I 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 Mc nil gaad a Con .WOnp Engineers nWaorocrporaf bd Fay.H.vill., Arkama. I I I I I I I I L I [1 I I 11 I I 1.1 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 c;rporaw ' e Con wlHn9 InaoraeroNa Fayette vllle, Arkoneak Li I I I I I I I I I I I F I I 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 MCC1.11an4 ConsuIII np Enain..n Inoorv.r0S4 Fa).n.vill., Arkan.a. General Provisions - 21 I I L I I I I L 1 I 111 CI I I L LI. 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 Mcpallmla fl onwttlnp Engineersn Incorparaha Fayslbvills, Arkansas I I I I I I I I Ii Li HI b I 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 ' Con Sling a Canoulllny l�npmoon Ino>oeralo0 Foy.tt.vllll, Artonw. I I I I r J I I I I II I I [I I I I 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 Macfarland Canwlllnq Ec,lnnr. Inc.rporaN! Fay./I.vlll., Arkaa.a. fl E J I I I I [] I r I I I [] 1 I [1 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 I I I I I I I I I I I I I LI I I I 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 I I C El I I [I I I I El C I I I I 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 I I I I I I [1 I I I El [I I I I [1 I 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 H H I H I I I L I I I I I I I 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 I I Ti I I7 I I I I I I I I 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 Consulting o g Englnur. Inaorporat.d FarH.villo, Arkansas I I I I I I I I I U I I 17 H I I 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 ' =llhQE a ?I hQ Enpinaar.n InwrOorolW FafHavlll*, Arnama. LI l I I El C I I H I H I I I C C 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 ngin.. ri O Inarpor.f.G Fa,.n.vlll., Arkpn.p. I L L L L L I I I H I P I L L L L I 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 L L L I L L I I I I L L 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 L NCI. (lane Canwl/In/ a / Enln..r. Inaorp.r.hd Foy.H.vnl., Arkan of Li I C C I I 11 1 I J I I f L_ 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 nd C n wlli no o ngInnna Etgrpara Inarparana Fayott.vwu., Arkansas LI C C C I I S I CI I I I I I I I 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 C I I I] I I I Li I I I I I I I H 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 I 1 1 1 1 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 Consulting Engin..rs Inoorp.rabd Fa,.tt.vlll., Arfonsos C I I I I Li I [I I I I I [l 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 I ' Mccl. hand Consulting EcornUa. Incorpora l.! FoHU .vlll., Arkansas L I L L I I I L L I I I I H I I P 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. I El El I El I I I I I I I I El I C I (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 a C Engin..r. Inoorasrof.a Fare. viii., Arkansas I LJ H I I I I I I I I I I I 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 MCQ.Engln...M Con wiling e e r. InwreeratM faySH.viis, ArRonses C C I I [1 I I I I H I I I Li I 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 0g.us InOOrprD.Ia1.0 Fay ttevill., Arkansas I FT I I [I I n I L1 I I El P I I 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 Li ' MCClti n.jSPinn d Ping n Ct;fo lrt Incwpowrporan0 Foy./Mvlll., Arkunns n. I C C C C C I I F I I I I J 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 p y c ;rparEngin.sk Ina>ppraNO FaylflviI ., Arkannn 1 I I C I I] I [I 11 I J [1 H 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 ' kIOCII timnl O tinq E/ginpr.ra InaprpWaNO Fa)vlbvlllt, Arkansas I L I I I L L I [I iJ I [! L I 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 I 1 I n I I I I I I I 1 1 I I 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 p Gonad l.rs Enpinssn Incnrporafs0 Fo,sllsvills, Arkpnsps [I I 1l I I I I 1] I I H H I I [l I 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 Con Mu tinq flgln..r. ft, Corp .rabd Fay n.viflq Arkaroa. I HI I I I I] I I] I H C I I I I I (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 £aaln.n Inacra.raMd Fayette viii., Arkan.a. I I I I I I [1 I I [1 I I I I Li I 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 ' Incur Canw cl.r, rpperalorat M FOHhevllles Arkan.W I 11 H I Li Li I I I I I I L I I I [1 I 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 I I II I I Ii I I [I I I 1] I 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 I I I I I I I I I I I Li I I [I [1 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 I I I I I I I I I I I I I I I h I I 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 I I I I I I I I I I I I I I I I ET (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 I MCCNIIand coca' it Enpinaan Inaorasrafad Foysllsvllle, Arkansas L] I I I I H I H I I I I C] I I I1 I I 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 H L r H LI H 7 H I I I I I C I 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 I I C I I I I I I I Li I I I I C L; 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 I H I LJ [1 I U H I U I U I I El I H C 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. I C I LJ I I I I S I I I I I Li I I 11 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 C I I I I [1 I I I I H I J I I I 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 I I I I [I I El I I P. I I I I [l I I I I 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 L I I I1 I I I I 1] I L I I I Li I I I 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 H I I I I I [] I El I I I I I I 11 I 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 H I 1 I I I I [.] 1 I I L' L I I I [] I 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 I I I I I I I I I I I I I I 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 I I L I I I I I I H I I I I Special Provisions - 18 I (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. I I C I I] I I I I I I Li I I !1 I 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 I I I I I I I I LI I 1 I I I I (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 I I I I I I I I I I L_! I I 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. I I flMCCIDIIOIM Enpinon nNDeraNd FDyDRDYllls, Arkansas Special Provisions - 21 1 I I I I I El I L] I I I I I •I I I I 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 I I I I I I I r� L I I I I I L1 I 1 I 11 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 I I I I I I I I I I [1 I I I 1l I I n 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 I I I I I I I 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 I I I I I I I I I I I I END OF SECTION NgCNINM canwlllla lrnpinpprs IaC>pMa1pE FarylNrilll, Ar*aaupa Section P-151 - 3 I I I I I I I I I I I [I I 7 I I 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 I I I I I I I I I I I I I I I 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 flNan. hand Ctonh Huh Enqdn.ncorpO.n arpe aNa Fa).R.vlll., Arkam S H r C I [I I El I H H I I I I 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. I I I I C P C P C I I 11 I I I I I I I 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 I MOCLllond ConwIt! na o a tagInors Incwaorat,d Fa,atts vlllq Arkansas I r C I I I I I I U I I I [I I I 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 I I I I I I I C I I 1 I I I I 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 H MCCI. (land CanWlllny a y Englnun lnoorporand Fa,.R.vill.4 Arkan.a. U 1 I 1 I II C Li I 1] I I I I I I I 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 I I [l I C I I I C [1 I I r I I C I 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 I [I I I I I I rl I I ] I C I [1 I 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. P H LI 1 I I I I L I I I L L I I 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 I I I I d H I L I II J H L I I I I I Section P-209 - 1 [_I 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 I I I P Li I In I I I I I I I 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 I I J I I I I I I Ir1 I I I H I LI 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 I ' 'landCon so fl EngIncur rn..I. OwoNd Fayh.vlll., Arkansas I L L I LI I [1 I I [_ I [_I LI L I I I 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 I U IH r-, I I I I I I I I 11 I I I I I 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 I I El I I ELI I I I I I I I L! I I 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... I I I I I r, u F El LI I I [.I I I L I 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 El I I I I I [1 I I I I I I I [I I I 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. I El I I I I I I II I I II IH I I I I 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 r, I I I I IH I I I I I I I C 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 I U I I H I H I LI Li L'. I [] I I 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. I Section P-610 - 7 1 MCCflf land Can Etginun Incerc.rut.E F°y.tt. vlll., Ark.nsOs I I 11 I I I I I I I I I I I I I I 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 I I I I I Li I I U H El I H I I I I I 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 L I I I I I Li I I I I I I I L I 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 I I I I U I C I L I I I I L I I Section D-701 -3 I 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 I I I I [I I I I I LJ I I [] I I 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 I I I I I I I I I I I I I I I LJ rr 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 I I I I I I I Li I I 11 I I [1 I I 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... I I I] I J [] I I I I I I [I I L I 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 I I I I [1 I I II I I I L I I [I C1 Section F-160 - 5 I 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 I I I I [I I I I I [] I [I I HI I I [1 I 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 Li I I I I I I I I I I 11 I I 11 901-2.2 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 I I I I I I I [I I I I [I F I I L L I 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 I I LI I Ii I I II I I I [_I I I C I 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 I I I El I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I L I I 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 I I I I IJ LJ I I I E `I I I I I 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 I McCl.11and caincorr u ioa Enpinr. Incorporated Faplbvllll Arkansas I I I I I 'J I I I [] I I I 1 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. I I LJ I I I 11 I I I I I CI' I [1 I I I 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 I I I I I I I I I I I I LJ I 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 I C I I I I H I [] I I I I I I I Cl L 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 I I I I I I I I I I I I I r-� L 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 II I J I I 7 flI C I I I I I I 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 I I I I I L I I C I I I.] I I H 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. I 1 1 1 1 1 1 1 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 I I I [1 I J I I I I r L I I I 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 I 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 I Symbols: Symbols used for items of equipment and I materials are indicated on the Drawings. I I I I I 1 I 1 Li n 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. I I I I I [I I I I [I I I I I I I I I 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 I I I [I I II r I I [1 I I I 1 n L I [1 LI 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 I I I I I El [I C I I I 17 LI I I [I I 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 I [I I I I I I I I I I I I I I I 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 ng n..rs ' con ovlring Enlnnn InwrOoroba Faya/sWlla, Arkanow Li H rl ,. J II I Ii I Li r I I 11 I I 1 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 I I [1 SECTION 16050 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 GENERAL I11.01 ROADWAYS, CURBS, AND WALKS I I Lj I I I I I I L LI F I 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 E L , IH 11 I I 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 I En I I Cl I I I 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. I r I I I I I 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 LII Li I C LI Li I I I I I 7 I I I I I 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.