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Home My WebLink About99-94 RESOLUTIONRESOLUTION NO. 99-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $50,390.00 WITH LASITER ASPHALT FOR PRECISION RUNWAY MARKINGS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $50,390.00 with Lasiter Asphalt for precision runway markings. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of September , 1994. ATTEST: By: /via / au Traci Paul, City Clerk APPROVED/ By: Fred Hanna, Mayor CONTRACT STATE OF ARKANSAS CITY OF FAYETTEVILLE THIS AGREEMENT, made and entered into this ATH day of SEPTEMBER, 1994 by and between the City of Fayetteville, Party of the First Part, hereinafter called the OWNER and Lasiter Asphalt Maintenance Co., Inc. Party of the Second Part, hereinafter called the CONTRACTOR. WITNESSETH THAT: WHEREAS, the OWNER has called for bids for the construction of Renovations to Airfield Pavement Markings at Drake Field as set out in the Specifications and Plans No. FY942142 and, WHEREAS, the CONTRACTOR agrees with the Owner to commence and complete the airfield pavement marking renovation and all miscellaneous related work for a finished job, the unit prices bid in the Proposal estimated quantities included on the Bid Proposal Sheet, for the Base Bid made part of this Contract, the total being Fifty Thousand, Three Hundred Ninety & O°/100 Dollars ($50.390.00). 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 30 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: 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 Contract - 1 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 four hundred and fifty dollars ($450.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages the OWNER would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage the OWNER would sustain. The Liquidated Damages shall apply to the Localizer downtime and to the total construction time stated by the Contractor 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 Contract - 2 Engineer. In the case of a continuing cause of delay, only one claim is necessary. 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. The Contractor agrees that only manufactured products will be used subcontractors, materialmen, and suppliers this contract, as defined in (a) below. domestic steel and by the Contractor, in the performance of (a) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2 Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3 Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. This Contract shall representatives, successors, including the surety. be binding upon the heirs, or assigns of the parties hereto, Contract - 3 • • IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands and seals respectively. (SEAL) FIRM NAME:Lasiter Asphalt Maintenance Co., Inc. W TNESSES:\ 01Q }Oil Ot-Skl A tka ? - t (SEAL) ATTEST: City Clerk BYW ©Ltc`t- (TITLE) City of Fa etteville Fayettevfle, Arkansas BY: f'„E /;�/:;; Feed Hanna (Mayor) Contract - 4 1 1 1 1 1 1 1 1 DRAKE FIELD 1 FAYETTEYILLE MUNICIPAL 1 1 1 1 1 1 1 1 1 1 CONSTRUCTION SPECIFICATIONS MICROFILMED FOR RENOVATION OF AIRFIELD PAVEMENT MARKINGS AT AIRPORT FAYETTEYILLE, ARKANSAS Project No. FY942142 AIP PROJECT NO. 3-05-0020-18 JULY, 1994 Prepared By: McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72701 �o 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDUM NO. 1 Renovation of Airfield Pavement Markings Drake Field Fayetteville, Arkansas AIP 3-05-0020-18 Project No, FY942142 The original Plans and Specifications dated July, 1994 for the project are amended as noted in this Addendum. Receipt of this Addendum shall be acknowledged on the Proposal. This Addendum consists of 1 page. Changes to the Specifications Item No. 1 Change Paragraph 620-2.1 PAINT. To read "...TT - P85...." Except as expressly amended herein, the Plans and Specifications shall remain in effect as originally released. MCCLELLAND CONSULTING ENGINEERS, INC. August 9, 1994 CONSTRUCTION SPECIFICATIONS FOR RENOVATION OF AIRFIELD PAVEMENT MARKINGS AT DRAKE FIELD FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS Project No. FY942142 AIP PROJECT NO. 3-05-0020-18 JULY, 1994 Prepared By: McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72701 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 Wage, Labor, EEO, & Safety Requirements General Provisions Section 1.0. Section Section Section Section Section Section Section Section (FAA Standards, as revised tor this project) 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 Coordination of the Work Safety Requirements and Construction Procedures Identification of "Engineer" Authority of Engineer Limitations of the Engineers Responsibilities Engineer's Visits to the Site Contractor's Examination. Arrangement of Spec.ficatior.s and Plans Workmen PAGE NO. 1-4 1-7 1-3 1-4 1 1-2 1 2 1 1-21 1-54 1-5 6-9 10-11 12-16 17-23 24-27 28-37 38-45 46-54 1 1 1 1-9 10 10-11 11 11 12 12 13 TABLE OF CONTENTS (Continued) SECTION PAGE tiO. Special Provisions (Continued) Horseplay 13 Insurance 13-18 Subcontractors 18 Contractor's Routine Access tc Site 18 Owner -Furnished Materials 18 Quality of Plans 18 Partial Acceptance 19 Progress Schedule 19 Contractor to Perform Construction Staking 2C Work Done Without Lines and Grades 2C Preservation. of Monuments and Stakes 2C Other Contractors 20 Record Drawings 21 Publicity 21 Modifications and Waivers 21 Standards 21 Testing 21 Payment for Stored Materials 22 Cost of Plans and Specifications 23 Ownership of Engineering Data 23 Partial Sets of Plans and Specifications for Subcontractors 23 Damage to Existing Facilities 23 Reporting of Accidents 23 Pre -Construction Conference 23 Waterways 23 Safety and Security 24 Function of the Engineer and Relationship Between Engineer and Contractor 24-26 Contractor's Responsibility Regarding Special Application Materials and Products 26 Temporary Facilities 27-28 Permits, Licenses, Laws, Ordinances Reau]at:cns and Taxes 28-29 FAA Standard Specifications (As Revised for this Project) Appendices Appendix A Appendix B Appendix "Buy American" Exclusion. Products A.rport_ Safety - SW 5200-5A Plan Shoot NOTICE 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 306 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:C0 ?.M., cn the 12th day of August, 1994, for the furnishing of all tools and labor, and the performance of work to be done in renovating the runway and taxiway marking system at Drake Field, Fayetteville Municipal Airport Work under this Contract shall include there marking of the Airfield pavement. 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, 181C N. College Avenue, Fayetteville, Arkansas. All bids will be opened and considered at a meeting, to be held in. Room 306 at the City Administration Building, 113 West Mountain, Fayetteville, Arkansas at 2:C5 P.M. local time, on the 12th day of August, 1994, 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 Thirty-five dollars ($35.CC), said payment not being refundable. Pertinent information and the detailed specifications will be furnished to suppliers at ccst of reproduction. A Pre -Bid Conference will be held at 1:3C F.M. on August 8, 1994 at the Airport Managers office in the Terminal Building, Drake Field, Fayetteville, Arkansas. The purpose of this meeting is to review the project requirements with the prospective bidders and to tour the project site. 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 mus' 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 tc do business in the State of Arkansas, said bond to he retained as liquidated damages in case the successful bidder tails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within fifteen (151 days from and after the date of the Notice of Award. Notice tc Contractor; - 1 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 is hereby given that the City of Fayetteville is an Equal Opportunity employer. Buy American Requirement. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development for which funds are to be provided under the FAA grant. 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. 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. Notice to Contractors - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior tc award of the contract, and tc 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 pro ect 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 ir. each trade is 6.9% Goals for Minority Participation ir. 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,CCC at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates cf the subcontract; and the geographical area ir. 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. Notice to Contractors - 3 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into parts, divisions, and secticns 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 wcrk 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. OUALIFICATICN OF BIDDERS The prcspective 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 perforin 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 fcr 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 S working days prior to bid open.irg) an interpretation thereof. Any interpretation or Section 0000 - 1 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 $35.00 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 installed and/or any adjustment for additions or deletions resulting from additive or deductive al..ernates 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 tc the Owner that any Bidder is interested in more than one bid fcr 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 cf the corporation shall be set forth above, together with the signature of the cfficer 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 tc 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 prier 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 time prescribed, at the place, ana in the manner set forth in. the NOTICE TO Section 60:00 - 3 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 90 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 resident agent of State of Arkansas State of Arkansas. sufficient. Contract bonds shall be executed by a licensed the surety having his place of business in the and in all ways complying with the laws of the The mere countersigning of a bond will not be Section 00100 - 4 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 cf 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 fcrfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT Within 60 calendar days after the opening of Bids, unless otherwise stated in the NOTICE TC 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 ir. the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Ccntract 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 90 days after the opening of Bids. 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 Ccntract 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. Sianature by both parties constitutes execution of the Contract. The successful Bidder sham conform to the Rules and Regulations of Arkansas Department cf Finance and Administration concerrir_c nonresident contractor's notice and bond requirements. Section CC100 - 5 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, Section 00100 - 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 during the progress of the Wcrk hereunder, the Contractor requests a reduction of such nercen_tace, 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 COMPLETTCN .he 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. 24. TRENCH AND EXCAVATION SAFETY SYSTEM Not required for this project. 1 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT POND In accordance with Act 190 of 1993 of the State of Arkansas subcontractors shall provide to the General Contractor a performance and payment bond if the condition of Section 1 of Act 190 are applicable to the project. Section 0010C - 7 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 7. PROJECT MANUAL & DRAWINGS .......................... 2 8. TYPE OF BID ........................................ 2 9. PREPARATION OF BIDS ................................ 3 10. STATE AND LOCAL SALES AND USE TAXES ................• 3 11. SUBMISSION OF BIDS ................................. 3 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS ........ 4 13. WITHDRAWAL OF BID .................................. 4 14. BID SECURITY ........................................ 4 15. RETURN OF BID SECURITY .............................. 5 16. AWARD OF CONTRACT ................................... 5 17. BASIS OF AWARD ...................................... 5 18. EXECUTION OF CONTRACT ............................... 6 19. PERFORMANCE AND PAYMENT BONDS ....................... 6 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND......... 6 21. PERFORMANCE OF WORK BY CONTRACTOR ................... 6 22. TIME OF COMPLETION .................................. 7 23. PROVIDING REQUIRED INSURANCE..... ............... 7 24. TRENCH AND EXCAVATION SAFETY SYSTEM ................. 7 25. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND........ 7 I I PROPOSAL I I I I -I iJ 'I iI I I I I I I RENOVATION OF AIRFIELD PAVEMENT MARKINGS A':' DRAKE FIELD FAYETTEVILLE MUN:CIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP 3-05-0020-18 Project No. FY942142 Dated: July, 1994 Gentlemen: The undersigned, Mannie Lasiter -Lasiter Asphalt Main., 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. Be 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 30 calendar days from the Notice to Proceed. The work under this contract is considered critical to the overall operations of the Airport by the Airport Management and the Airlines, therefore, timeliness of construction will be considered as part of the Contractor's bid. Proposal - 1 11 10 PROPOSAL SCHEDULE BID ITEMS ' ITEM APPROX. UNIT NO. QUANTITY ITEM: PRICE: EXTENDED 1 Lump Sum Runway Pavement $ NA /LS Markings Thirty two thousand four hundred thirty six -------------- /dollars/LS $ 32,436.00 (Words) 2 Lump Sum Taxiway Pavement $NA /LS ' Markings Twelve thousand nine hundred fifty four ----------------- , /dollars/LS $__12,954.00 (Words) 3 Lump Sum Third Party Insurance $ NA /LS Coverage (Rider Amount) Five Hundred --------------------------- /dollars/LS $ 500.00 (Words) 4 15 Hours Standby Time during $_30900_/HR Nighttime Work Four -thousand £ive hundred ----------=.r- .-;- 4,500..00 - /dollars/HR $ ' (words) ' TOTAL BASE BID (ITEMS 1 THROUGH 4) $ 50,390.00 The Bidder shall attach to this Proposal a copy of his General ' Liabilities Insurance Coverages in accordance with the requirements stated on page 16 of the Special Provisions. By submitting a proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this proposal, the bidder certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. 1 Proposal - 2 I I Bidders may obtain the lists at articles, materials, and supplies excepted from this provision in Appendix of these Documents. ' (a) The Aviation Safety and Capacity Expansion_ Act cf 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: I:. Steel and manufactured products. As used in this clause, steel and manufactured products include t-) steel produced in the United ' States or (2) a manufactured products produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taker, place in the United States. Components cf foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost cf Components. This means the costs for production of the components, exclusive of final assembly labor costs. ' (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen, and ' suppliers in the performance of this contract, except those - (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity r.xpansion Act of 199C, are not produced in the United States in sufficient ' and reasonable available quantities and of a satisfactory quality. I (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or Proposal - 3 (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. 1 The bidder shall complete the following statement by checking the appropriate space. The bidder has _ has not X 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 1 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 Proposal - 4 I I I I TI II I I [I TI L I list of countries that discriminate acains'_ U.S. firms published by the Cffice of the United States Trade representative (USTR). b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 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 t resulting from this solicitation, provision for certification without and in all Thwer tier subcontracts. the certification of a prospective knowledge that the certification is zat, if awarded a contract it will incorporate this modification in each contract The contractor may rely upon subcontractor unless it has 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 cr 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. T`_ it is later determined that the contractor or subcontractor knowingly rendered ' an erroneous certification, the Federal Aviation Administration tray direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. ' Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge •' and information of a contractor is not required to exceed that which '.s normally possessed by a prudent person in the ordinary Proposal - 5 I I course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Enclosed herewith is a bid bond for Three thousand dollars and 00/100 dollars ($_3,000.00 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 sixty (60) 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 16 of the Special Provisions. Addenda No. Dated AUG0bk c y and such addenda are attached hereto and made a part hereof. Dated at Fayetteville, Arkansas, this 10th day of August 1994. Respectfully submitted, I I I I I I I I I I I Lasiter Asphalt Maintenance o.. Inc. , PORATION) 309 S. Vine Street N. Little Rock, AR Business s� J , Title President Arkansas License No. 007701093 DO?70/x9 f G Proposal - 6 The Bidder shall ccrrplete the following information for that portion at the work proposed to be completed by subcontractors. The Bidder shall also include the name of the Precast Box Culvert Supplier. SUB- TYPE OF DBE ARKANSAS CONTRACTOR ADDRESS WORK AMOUNT YES/NC LICENSE NO Proposal - 7 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE MAILNG ADDRESS ONE NEWARK CENTER, 20th °LOOK - PO BCX 56 NEWARK NEW JERSEY07102 - ' NEWARK NEWJERSEY 201-624-7200 ..7101-0056 KNOW ALL MEN BY THESE PRESENTS: That we. the undersigned, TS7TER ASPHALT MAINTEN%NCE COMPANY, INC. as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety. are held and firmly bound unto C=y OF FA ≥ 1L: AIRPORT in the penal sum of FIVE PERCENT O1' - ,. AMOUNT BID NOT TO EXCF4W $3,500.30 for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 9th day of August 19 94 The condition of the above obligation is such that whereas the Principal has submitted to CITY OF FAYE7TEVILLE AIRPORT a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Project #FY94-2142, ReStripping of Drake Field NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto, properly completed in accordance with said bid. and shall furnish a bond for the faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 11 The Surety. for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF. the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: LASITER ASPHALT MAINTENANCE CO., INC. ATTEST: \-/UiL . 1 I Vtfll `�-- ' Principal ATTEST:"AIT0NAL F1DELfp I RF]w E Cb. iaiAsa A. erin, tuoits_v=.il-%ct Bid Bond C ' I' I' 1' 1' 1' 1J 1' Ii 1' C 1' 1' CJ Li TEL, (201) 624-7200 POWER OF ATTORNEY BOND NO. 00091984-94 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK., NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark', New Jersey, does hereby constitute and appoint CHARLES MARION ALLEN, GEORGE ROBERT SMITH, SHERRI L. MOSS, MALISA A. PERIN NORTH LITTLE ROCK, ARKANSAS 4/94 its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnityand other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract orotherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 3 -Section 3. of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February. 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney orcertificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May. AD. 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of �O -/}x/01 of Essex �(/ Executive Vice President On this 1st day of May 1991: before me came the individual who executed the preceding instrument, tome personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 4A.G' +,. Q� •,.....•,• tis ,, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, Q' •••, B = at the City of Newark, New Jersey the day and year first above written. � waN 1 B L<<je a A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Sept.8 1998 ~''a_ JERSF:,,.;•+ CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoingcopy of the Powerof Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said PowerofAttorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect i ,ra.}'• IN TESTIMONY WHEREOF, I have hereunto set my hand this 9th day of AUSt''r 19 ,94 SI 4�- Assistaht Secretary t.� IMPORTANT NOTICE: Thin Power of Attorney mast be BLUE in color. II lilt not BLUE, this is not an authentic Power of Attorney. 1 NOTICE OF AWARD To:Lasiter Asphalt Maintenance Co Inc 309 S. Vine Street North Little Rock, AR PROJECT DESCR_P71ON: Renovation of Airfield Pavement Markings at Drake Field, Fayettev_1]e. Arkansas. 1 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 the Renovation of Airfield Pavement Markings in the amount of $50,390.00. 1 You are required to execute the CONSTRUCTION CONTRACT in its entirety and furnish the required PERFORMANCE AND PAYMENT BOND and 1• certificates of insurance within fifteen (15) calendar days from the date of this notice to you. 1 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 avid as a 1 forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. 1 You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. 1 Dated this 7 day of September, 1994. City of Fayetteville 1 By Title I I C Notice of Award - 1 I CERTIFICATION OF BIDDER REGARDING ' EQUAL EMFI,OYMENT OPPORTUNITY GENERAL I BIDDERS NAME Lasiter Asphalt Maintenance Co., Inc. ' ADDRESS 309 South Vine Street North Little Rock, AR 72114 INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER 71-0616695 _ NONSEGREGATED FACILITIES ' NOTICE ;O PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: (1) A Certification of Nonsegregated Facilities must be submitted ' prier 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 $1C,CCC 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 $1C,CC0 and are not ' exempt from the provisions of the equal opportunity clause. NOTE: The penalty for making statements in offers is prescribed in 18 :.S.C. 1001. NOTICE. TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION ON NONSEGREGATED FACILITIES: ' () A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $1C,CC0 which is not exempt from the provisions of the equal opportunity clause. ' (2) Contractors receiving subcontract awards exceeding $1C,CC0 which are not exempt from the previsions of the equal ' opportunity cause 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. I Equal Employment Opportunity - 1 I El I I I I I L L L L L I L I NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 100_. CERTIFICATION CF NONSEGREGATED FACILITIES: The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated `_aci:ities 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, restrocros 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 f'.:es. NOTICE TO PROSPECTIVE CONTRACTORS OF RF¢;IREMENT FOR CERT:F:CAT:ON OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,CCC which is not exempt from the provisions of the Equal Opportunity Clause. Equal Employm.ent Opportunity - 2 Certification - The information above is true and complete to the best of my knowledge and belief. rmuuic Laicr - rr o rurnr. Name and Title o uig.er (Please type Signature August 10, 1994 Date NOTE: The penalty for making false statements in offers is prescribed n 8 I). S.C. 1001. Equal Employment Opportunity - 3 I I I I RESOLUTION NO. 99-94 I I A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $50,390.00 WITH LASITER ASPHALT FOR PRECISION RUNWAY MARKINGS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $50,390.00 with Lasiter Asphalt for precision runway markings. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this SAL. day of September , 1994. ATTEST:: By: ( JuLi !L Traci Paul, City Clerk APPROVED: By: Fred Hanna, Mayor a' t.. 9 U I. L ' STATE OF ARKANSAS CITY OF FAYETTEVILLE ) I) THIS AGREEMENT, made and entered into this ? day of ' $EPTEd , 1994 by and between the City of Fayetteville, Party of the First Part, hereinafter called the OWNER and Lasiter Asphalt Maintenance Co Inc Party of the Second Part, hereinafter called the CONTRACTOR. ' WITNESSETH THAT: ' WHEREAS, the OWNER has called for bids for the construction of Renovations to Airfield Pavement Markings at Drake Field as set out in the Specifications and Plans No. FY942142 and, ' WHEREAS, the CONTRACTOR agrees with the Owner to commence and complete the airfield pavement marking renovation and all miscellaneous related work for a finished job, the unit prices bid ' in the Proposal estimated quantities included on the Bid Proposal Sheet, for the Base Bid made part of this Contract, the total being Fifty Thousand. Three Hundred Ninety & O°/100 Dollars ($50.390.00). CONTRACT I I Is I I L 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 30 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: 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 Contract - 1 I 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 the reasonable justification by 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 four hundred and fifty dollars ($450.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages the OWNER would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage the OWNER would sustain. The Liquidated Damages shall apply to the Localizer downtime and to the total construction time stated by the Contractor 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. I I I [I L L 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 Contract - 2 Engineer. In the case of a continuing cause of delay, only one claim is necessary. ' 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. The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (a) below. (a) The following terms apply to this clause: ' 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States, if the cost of its components mined, ' produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place '• in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. ' 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. This Contract shall be binding upon the heirs, representatives, successors, or assigns of the parties hereto, including the surety. J Contract - 3 I 11 I IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands and seals respectively. L H H I I I I] I C K C (SEAL) WITNESSES: (SEAL) ATTEST City Clerk FIRM NAME:Lasiter Asphalt Maintenance Co. Inc. BY.%/ /1, o (TITLE) City of Fayetteville Fayette ille, Arkansas BY: � f6�'bl fi red Hanna (Mayor) Contract - 4 ,;�,), : ..' DATE IMMNO YYI Ac4)1a11a ZERT1' F , Vl^{,E, 7NSURAiiCiN r: 08/10/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Strohm • Powers & Associates Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1747 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Little Rock, AR 72203 COMPANIESAFFORDING_COVERAGE (501) 376-1354 COMPANY • A Southern Guaranty Insurance Co. INSURED (XMiPANY Lasiter Asphalt Maintenance Co B & Asphalt Maint. Supply Co. I COMPANY 309 S. Vine Street I C North Little Rock AR 72114 COMPANY (501) 374-1557 D COVEHAGE§ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTWE IPOUCY EXPIRATON LTR DATE(MMAIDNY) DATE(MM/DDj'M LIMI7S A I GENERAL LIABILITY GENERAL AGGREGATE 520 00, 0 0 0 XI COMMERCIAL GENERALLIABIUT° 000CPPD412 02/13/94 02/13/95 PRODUCTS-COMP/OP AGO 51,0001000 CLAIMS MADE X OCCUR PERSONAL S ADV INJURY $1,000,000 OWNERS&CONTRAC-OPSPROT EAC'I OCCURRENCE 51.000, 000 I j __ __ FIFEDAMAGE(Ary one Pre) S 5O 000 MED EXP(Ary oneperson) $ 5 000 A ' AUTOMOBILE LIABILITY X'ANYnuro 000GLAD412 02/13/94 5 OMBINED SINGLEUMIT1,000,000 . 02/13/95[BODILY ALLOWNED AUTOS INJURY SCHEDULEDAJTOS ' (Per person) S X I HIRED AUTOS - • BODILY INJURY X I NON -OWNED AJ'OS (Per accident - - °ROPER^/DAMAGE 5 • DAMAGE LIABILITY ALTO ONLY- EA ACCIDENT $ ANV AUTO / / / / OTHER THAN AUTO ONLY: - ---- _ ( -__- ___ j EACH ACCIDENT S AGGREGATF $ A EXCESS LIABILITY EACH OCCURRENCE $1, 000, 000 • ]UMBRELLAFORM GLA14890 03/31/94 02/13/95 AGGREGATE 51,000,000 X OTHER'HANUMBRELLA FORM _ I $ A WORKERS COMPENSATION AND STATUTORY UM'TS EMPLOVERS'LIASILRY 000WCOD412 02/13/94 02/13/95 EACHACCIDENT 91L000,000 -HE PROPRIE-OrV' X INCL PARTNERSIEXECUTIVE _ DISEASE-POUCYOMIT S1 000 000 l T OWICEIiS ARE EXCL DISUSE -EACH EMPLOYEE S1 000 000 A OTHER Inland Marine 000CPPD412 02/13/94 02/13/95 $1000.00 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS Job: #FY94-2142 Restriping of Drake Field City of Fayetteville Airport CERTIFICATEHOLDER CANCE1.i,AilOW- McClelland Consulting SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Engineers, Inc. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1810 N. College BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY Fayetteville, AR 72701 OF ANY KIND UPON THE COMPANY, DS AGENTS OR REPRESENTATIVES. AUTHORIZED RFDAESEN7ATIVE CCIi� i6�i/7Z ACORD 25-5 3193 ACtYRIy CiSriPGsRATICIN 1983 NOTICE TO PROCEED To Date: Project: Renovation of Airfield Pavement Markinss at Drake _ y:e:d, Fayetteville, Arkansas You are hereby notified to commence WORK in accordance with the Ccntract datca , 1994, on of before 1994, ai:c you are to complete the WORK within caiendei days. City of Favettevi_le___ t e: ACCEPTANCE CF NOTICE Receipt of the abcve NOTICE TO PROCEED is hereby acknowledged by this the 2y: _ Tit e day of Notice to Proceed - I Bond #00099981-94 I. ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND ' We Lasiter Asphalt Maintenance Co.Inc. as Principal, hereinafter called Principal, and - • =.LITY INSU'R?N�CO.' a corporation organized and existing under the laws of the State of ' Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto The City a et ev' le Arkansas as Obligee, hereinafter called Owner, in the amount of Fifty -Thousand. Three Hundred Ninety & °0/100 Dollars ($50.390.00), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by thes presents. 1 Principal has by written agreement dated / entered into a contract with Owner for Renova ion of Airf'eld Pavement Markings at Drake Field, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ' THE CONDITION OF THIS OBLIGATION is such that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage ' which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the owner may incur in making good any such default, and further, that ' if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ' No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from ' the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ' Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, c:) ' or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the PrinciRa} and the Surety or Sureties, or either or any of them, their heirs, ' personal representatives, successors or assigns from them r� liability hereunder, notice to the Surety or Sureties of any such C alteration, extension or forbearance being hereby waived. ' ce o N V N Section 00500 - 4 C I lr. no evert s}:a] ] ti:e a_r- ecate ] iabi] ity of the Surety exceed tl:e sun- set ere: n. ::xcc-cted c: };i 8th :9 — — :a ";,� 1 _ September iasiter AsEba=t Naintenance_Co., ;nc Principal lnternationai Fidelity Insurance Co. Surety At icrney--in -fact Ma]isa A. Perin Section 00500 - :, ' TEL.(201) 624-7200 POWER OF ATTORNEY BOND NO. 000919981-94 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 'KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey. and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHARLES MARION ALLEN, GEORGE ROBERT SMITH, SHERRI L. MOSS, MALISA A. PERIN NORTH LITTLE ROCK, ARKANSAS 4/94 its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on itsbehalf any and all bonds and undertakings, contracts of indemnity and other writings obligatoryin the nature thereof, which are or maybe allowed, required or permitted by law, statute, rule, regulation, contractor otherwise, and the execution of such instrument(s) in pursuance of hese presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 3 -Section 3. of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April. 1982 of which the following is a true excerpt: Now therefore the signatures•of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. I I I I IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D. 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County ofC. of Essex /V/i/• C Executive Vice President On this 1st day of May 1991: before me came the individual who executed the preceding instrument, tome personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. p''Q ON.A..• 141r IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, Q' '••, a t at the City of Newark. New Jersey the day and year first above written. � �N � T A R y •s��? Jet%%%N)/n//1/'� / �K�U(,�C1� • t• w g /�• w V C ' U i3 L1 �! t2a A NOTARY PUBLIC OF NEW JERSEY y /° My Commission Expires Sept. 8, 1998 JERSF;,,.+' CERTIFICATION ' I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy ofthe Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power ofAttorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect f n ' p IN TESTIMONY WHEREOF, I have hereunto set my hand this a lay of 19 • • 'Assistant Secretary IMPORTANT NOTICE: This Power of Attorney must be BLUE in color. lift Is not BLUE, this Snot an authentic Power of Attorney. Genera Decision Number AR940007 Superseded General Decision No. AR930007 State: Arkansas Construction Type: HIGHWAY SEWER AND WATER LINE County(ies): STATEWIDE CONSTRUCTION, ALTERATION, AND/OR REPAIR OF STREETS, HIGHWAYS, RUNWAYS, AND WATER AND SEWER UTILITIES PROJECTS (does nct include structures or. highway rest areas) 'odification Number Publication Date 0 02/11/1994 1 04/01/1994 AR940007 - 1 04/n:,- _G9,: UL 2G '94 16:'23 PHGE.OO2 ' I COUNTY(ies): STATEWIDE * SUAR2001A 01/19/1990 BRICKLAYERS CARPENTERS CONCRETE FINISHERS ELECTRICIANS IRONWORKERS: Structural Reinforcing LABORERS: Air tool operators Asphalt heater operators Asphalt rakers Chain saw oeprators Checker graders Concrete joint sealers Concrete saw operators Formsetters Laborers Pipelayers Powdermen Vibratormen PAINTERS PILE DRIVER LEADMEN POWER EQUIPMENT OPERATORS: Aggregate spreader operators Asphalt plant firemen Asphalt plantdriver operators Batch plant operators Bulldozer Operators: Finish Rough Bull Float operators Concrete curing machine operators Concrete mixer operators: Loss than 5 sacks 5 sacks and over Backhoe Operator - Rubber tired (1 yard or less) Cherry picker operators Concrete paver operators Concrete sperader operators Crane, Derrick, Dragline, Shovel, Backhoe, Operators 1-1/2 yards or less over 1-1/2 yards Crusher operators Distributor operators Drill operators (Wagon or Rates Fringes 7.20 7.20 7.20 3.75 6.30 5.45 5.15 , 5.15 5.85 5.15 5.45 5.15 5.15 5.45 4.25 5.45 6.40 5.15 6.20 6.20 I I I 5.80 4.85 4.85 5.80 6.90 5.65 5.65 5.65 5.15 6.20 6.10 6.10 6.70 6.70 6.70 7.20 5.65 5.65 I I I I 1J I AR940007 - 2 04/01/1994 El 1 truck) 5.65 Elevating Grader operators 6.70 ' Euclid or like equipment operator (Bottor., or end dump) 5.25 ' Finishing Machine Operators 6.10 Flaggers 4.25 'rorkliff operators 5.05 Form grader operators; 5.05 Front end loader operators Finish 6.70 Rough 5.65 l:dro Seeder operators 5.15 • Mechanics 6.90 Moto= Patrol Operators: Finish 6.9C Rough 5.65 Mulching machine operators 5.15 Oilers and Creasers 5.45 ' Piledriver operators 6.20 Power hrccr operators 5.1!, Pug mill operators 5.15 ' Roller Operators (self propelled) Scraper Operators: ' Finish 6.90 Rough 5.65 Sod slicing machine operators 4.95 ' stabilzzer mixing machine operators 5,65 Tractor operators (crawler type) 5.15 Tractor operators (fain and • sheel) 1 S Tractor operators -wheel type ' (with attach. -1 yd. or under) 5.55 Tzenching Machine operators 5.55 STONEMASONS 7.20 TRUCi DRIVE 'RS: Distributor truck drivers 5.45 Send -trailer ="4r l� C Lo Nrloy drivers 5.65 ' Transit mix truck drivers 5.45 :ruck Drivers (heavy- ra> .rr4r, pay :oad in. 1 excess of 3,000 lbs.) yti Truck Drivers (ligrt- mar.ia^ pay load 3,000 lbs.) 4.85 ' WELL DRILLERS 6.9C WZ1"v E?S - Recr_''F rate prescribed fcr cra:t :. e:"tcrr•irg cperatien 1 '• i __ _ _ _ ��" is •nl �f'.�1� AR94GCG-% C/„J; :,99�; Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)). --------------------------------- -------------------- In the listing above, the "SW" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION 04/01/1994 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 3-05-0020-18 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 (24 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 ;:nited 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-3. Convict Labor. No Convict Labor may be employed under this Contract. ' A-4. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and ' disabled veterans as defined in Section 515 (c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to ' which the employment relates. A-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. A-6. Nonpayment of Wages. If the Contractor or subcontractor '• fails to pay any _abcrer or mechanic employed or working on the site of the work any of the wages required by this Contract, the City of Fayetteville :nay, 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 o`_ this Contract. ' Wage, Labor, EEO & Safety Regulations - 1 I 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 Wages ' (a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account. (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR 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 ' I LJ L I I I I I I I H L 1 I 11 (b) (J.) 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: U) .he work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) .he 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) :f 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 D'_visron, 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 fcr final determination. .he Department of Labor wilt issue a determination within 30 days of receipt or provide notification within the 3C -day period that additional time is necessary. (Approved by the Office of Managemei:t and Budget under OMB control number 1215- 0143.) Wage, Labor, EEO & Satety Regulations - 3 I U (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 1 the grant agreements between the United States and City of Fayetteville relating to Airport Improvement Program Number 3-05- 0020-18 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). 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 Wage, Labor, EEO & Safety Regulations - 4 1 L1 period of 3 years thereafter for all ]aborers 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 i(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 cut 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. (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 Wage, Labor, EEO & Safety Regulations - 5 I 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 1 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 H U I I I I L I IT L L' I L. Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 99 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 cf apprentice to journeymen :n any craft classification shall not he 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 or. 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) (U). (b) ='rainces. 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 T.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Tra_n_ng. :he ratio cf trainees I Wage, Labor, EEO & Safety Regulations 7 El 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 Wage, Labor, EEO & Safety Regulations - 8 I I I I I I I I L I LI I I I I (b) No part of '• person or firm by virtue of 5.12(a) (1). the Department of Labor. No payment, advance, grant, loan or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his subcontractors have complied or 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-5. 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) B-6. Compliance with Davis -Bacon and Related Acts Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. B-7. Disputes concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 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 Elicibility. (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 b.12 (2) (1). I I this contract shall be subcontracted to any Ineligible for award of a Government contract Section 3(a) of the Davis -Bacon Act or CFR (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 1] B=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-il of this provision, and also a clause requiring the subcontracts to include these provisions in any lower tier subcontracts which they EEO & Safety Regulations - I I I I I I I I I I I I II I" I I may enter into, together with a clause requ:ring thus insertion in 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: CC=1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. .he 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 ,he following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms cf 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 nondiscrim nation clause. C-2. The Contractor will, in all solicitations or advertisements for employees placed by or or. behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, relation sex or national origin. CC=3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or 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. C-4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. CC=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 Wage, Labor, EEO & Safety Regulations - 11 Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. C-6. In the event of the Contractor's noncompliance with the , nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be 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. C-7. The Contractor will include the portion of the sentence immediately preceding paragraph C-1 and the provisions of paragraphs C-i 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) i DD=1. It is a condition of this Contract, and shall be made'a condition of each subcontract entered into pursuant to this contract, that the Contractor 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). I I Wage, Labor, EEO & Safety Regulations - 12 , C C I I I I 1 I I I I I D-2. MANDATORY CCNDITICNS INVOLVING ELECTR.CA:. ENERGY OR OTHER HAZARDOUS ENERGY SOURCES For projects involving electrical energy or other hazardous energy sources, the Contractor shall submit a copy of their Lockout/ragout program which meets the requirements of 20 CFR 1910.331, Safety Related Work Practices (OSHA). During the performance of electrical work, it is recommended that an unannounced inspection be performed by the airport sponsor or his agent to determine if the Lockout/ragout program, is being followed. Immediate action shall be taken to correct noncompliance, including suspension of work when necessary. SECTION E (AIR AND WATER QUALITY STANDARDS) EE=1. Any other provision herein to the contrary notwithstanding, the Contractor in carrying out work under this Contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment ir. 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. 2059C. 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 Clear. Air Act and Section 308 of the Federal Water Polluticn Control Act and a.l 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. Wage, Labor, EEO & Safety Regulations - 13 SECTION F (STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246, as amended)) - , FF=1. As used in these Specifications: (a) "Covered area" means the geographical area described in ' the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; (d) "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); , (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin regardless of race); (3) Asian and Pacific 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). 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. F-3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participation in and compliance with the provisions of any such Hometown Plan. Each Wage, Labor, EEO & Safety Regulations - 14 H J El HI I H I L El 1 C 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. F-4. '.he Contractor shall implement the specific affirmative action standards provided in paragraphs F -7.a. through F -7.p. cf these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization; the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. F=5. Neither the previsions 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 EEC. 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: I I I (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 ether on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain wage, Labor, EEO & Safety Regulations -15 I 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 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. Wage, Labor, EEO & Safety Regulations - 16 I I I I I I I I I (g) Review, at least annually, the company's EEC 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 jcb site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (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. (l; 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 net have a discriminatory effect by continually monitoring all personnel and employment related activities to insure that the EEO Wage, Labor, EEO & Safety Regulations 17 I 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. ' (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. FF=B. 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. F-9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and 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). 1 Wage, Labor, EEO & Safety Regulations - 18 , I I H I I I H I I C I I I H I I 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 11245, as amended. F-12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. F-13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to insure equal employment opportunity. :t 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 CYR 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 previsions 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 he maintained in an easi-.y 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 limitation, upon the application of other laws d_.fferent standards of compliance or upon the requirements for the hiring of local or other area those under the Public Works Employment Act c Community Development Block Grant Program). construed as a which establish application of residents (e.g., if 1977 and the Wage, Labor, EFO & Safety Regulations - 19 L SECTION G (DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS) C=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. G-2. DEE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. 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-4. Subcontract Clauses. All bidders and potential Contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. G-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 (DEE) 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 DEE participation will meet the goals above, the apparent successful bidder must clearly Wage, Labor, EEO & Safety Regulations - 20 I I I I H I I I I C I I I I I C demonstrate, to the satisfaction of the airport sponsor, that a good faith effort has in fact beer. made and that meeting said goals is not reasonably possible. If any apparent low bidder cannot do sc, 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 DEE 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 progress in achieving DBE subcontract goals and other DEE 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 Empicyment 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 C ' 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-cf-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 he used, ' considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. General Provisions - 1 I I 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 I I 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. Ar. 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. I I I I II I I I I I 10-24 INTENTION OF TERMS. Whenever, in these specifications or or. 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, perm_ss_on, 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, specificatnon item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND be any item that is equal to or c award contract. items. MINOR CONTRACT ITEMS. A major is listed in the proposal, the treater than 20 percent of the All other items shall be consi contract item shall total cost of which total amount of the lered minor contract 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 E Genera'. Provisions - 3 I n 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 I 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 11 I rigid pavements; navigational aids; buildings; vaults; and, ether manmade features cf 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. :he 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 cf the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. I 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 Li General Provisions - 5 L 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. with proposal forms. All papers proposal forms are necessary parts The plans specifications, and oth proposal form shall be considered attached or not. The owner shall furnish bidders bound with or attached to the and must not be detached. er documents designated in the a part of the proposal whether 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 I in I I I I I I II [] I I 0 U1 4 0 a 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 or. 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 CF WORK AND QUANTITIES of Section 4C 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 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 II 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 1 fl P1 I I L 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 protect 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. I Li I I 1 I 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 Li I SECTION 30 ' AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the 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 90 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 I is made, at which will be returned. •' be returned as se specified in the of this section. t me, the unsuccessful bidder's proposal guaranty The successful bidder's proposal guaranty will >on as the owner receives the contracts bonds as subsection titled REQUIREMENTS CF CONTRACT BONDS 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 rn 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. _f 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 L_: 1 ' General Provisions - 1=. I 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 11 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 tc 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 WCRK 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 _n 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 RESPCNSIBILITY 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 I I 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. I General Provisions - 14 I I I I I LI I I I El II 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, store, 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 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 I I [_] I LI I I I I I General Provisions - 16 I I I I I 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 :n 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 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 circulares; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulares; plans shall govern over cited standards for materials or testing and cited FAA advisory circulares. 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. General Provisions - 18 I I I I I I 1 1 I I 1 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 or. 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. I 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 Ccntractor. General Provisions - 19 I 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 I CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 7C. •' 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 leaded 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 includedinthe 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 General Provisions - 21 I I notification shall specify a reasonable time within which the ' Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. if all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 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 I 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 tc the Engineer who will present it to the owner for consideration_ in accordance with local laws or 1 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 I C I I General Provisions - 23 L SECTION 60 1 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 ' untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which 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 I I I I I 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 ir. place or not. ' The form and distribution of certificates of compliance shall be as approved by the Engineer. 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. ' When a material or assembly is specified by ''brand name or equal' and the Contractor elects to furnish the specified ''brand name, the Contractor shall be required to furnish the manufacturer's certificate of compliance for each let of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: ' a. Conformance to the specified performance, testing, quality or dimensional requirements; and, •' b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an ''or equal'' material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole ' judge as to whether the proposed ''or equal'' is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or 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 tc be used in the work. Manufacturing plants may be inspected from time to Line for the purpose of determining ' compliance with specified manufacturing methods or materials to be used in the work and tc obtain samples required for his/her acceptance of the material or assembly. General Provisions - 25 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 , Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. I I General Provisions - 26 ' 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 beer. 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 C C I I I General Provisions - 27 I SECTION 70 ' LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC , 70--1 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 DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. 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 s authorized to construct, service or facility during shall cooperate with such or private utility service, FAA, or NOAA 3rvice 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 I work n 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 cr 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. '• .he 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. General Provisions 29 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 I I the use of explosives. ' All explosives shall be stored in a with all laws and ordinances, and all clearly marked. Where no local laws ' shall be provided satisfactory to the closer than 1,000 feet from the work c other place of human occupancy. secure manner in compliance such storage places shall be or ordinances apply, storage Engineer and, in general, not it from any building, road, or ' The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of hrs/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 cr within 1,OC0 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 cr indirect damage or injury is done to public or private property by cr 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 al'_ 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 cairns or amounts recovered from any infringements General Provisions - 31 Fi n 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 CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be ' necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such ''phasing'' of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/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 Runway Pavement Phase I 1 Markings Runway Pavement Phase II 1 Markings 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 General Provisions - 32 I I I I I II n I [1 I I H H intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver cf 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 cr 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 these 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 cf 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 w3thcut 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, cr 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 General Provisions - 33 C I of such utility services and facilities. ' To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: Utility Service Person to Contact Owner's Emergency or Facility (Name, Title, Address, Phone) Contact (Phone) Taxiway & Runway Mr. Dale Frederick 1-502-521-4750 Airport Manager 1-501-521-2489 Fayetteville, AR I MALS (Approach Lights) Mr. Bill Brodie, Chief VASI Control Cable Airway Facilities 1-501-442-5221 REIL Lights & Cable Maintenance 1-501-267-2339 Fayetteville, AR Electricity SWEPCO 1-501-521-3000 I 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. General Provisions - 34 I Prior to commencing the work in the genera-- vicinity of an existing utility service or facility, the Contractor shall again notify each ' such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the ' Contractor's commencement of operations in such general vicinity. The Contractor shall. furnish a written summary of the notification to the Engineer. ' The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the ' Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have t been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (9C cm) 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 -o_ -way upon which the work is to be constructed in advance of the Contractor's operations. I 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 t the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an cfficial of the owner. It General Provisions - 35 I C is understood that in such matters they act solely as agents and representatives of the owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or 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 particulate 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 General Provisions - 36 F WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOCNT WORK of Section 90. If appropriate, the contract '• modification shall :-nciude an extension of contract time in accordance with the subsection titled DETERMINATIOti AND EXTENSION OF CONTRACT TIME of Section 80. I I I I I I I Li C J I I I END OF SECTION 70 General Provisions - 37 L 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. General Provisions - 38 i I I I I 17 [I I I I I I 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 OPERATICNS 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 AOA Can be Closed ' Runway C I I I Closed Runway Type of Control Communications Authority Required When Working Monitor Airport Frequency 122.9 Owner 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. General Provisions 39 J 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. 80-06 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 - 40 , I H H I I Engineer within the time per_oc resume work. The Contractor information substantiating the Engineer will forward the Cor consideration in accordance w. provision of this article sha Contractor to compensation for c suspensions made at the request delay provided for in the conti stated in the Engineer's order tc shall submit with his/her claim amount shown on the claim. The Tractor's claim to the owner for th local laws or ordinances. No -1 be construed as entitling the elays due to inclement weather, for of the Contractor, or for any other pct, plans, or specifications. If it should become necessary =o suspend work for an indefinite period, the Contractor shall s.ore a:: materials in such manner that they will not become an ob,truetion nor become damaged in any way. He shall take every ,recaution to prevent damage or deterioration of the work perfoi-ied and provide for normal drainage of the work. The Contractor sha .1 erect temporary structures where necessary to provide for traf£_: on, to, or from the airport. 80-07 DETERMINATION AND EXTENSIDN OF CONTRACT TIME. The number of ' calendar or working days allowe 4 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 requir: extension for reasons beyond the Contractor's control, it shall 'e adjusted as follows: I I I I I I a. CONTRACT TIME based o weekly by the Engineer. The En a copy of his/her weekly stater charged against the contract tin working days currently specific (the original contract time phr any, that have been includec SUPPLEMENTAL AGREEMENTS coverin • WORKING DAYS shall be calculated ineer will furnish the Contractor =_nt of the number of working days during the week and the number of d for completion of the contract s the number of working days, if in approved CHANGE ORDERS or EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following consid•rations: (1) No time shall Icharged for days on which the Contractor is unable to proceec with the principal item, of work under construction at the time f r at least 6 hours with the normal work force employed on such principal item. Should the normal work force be or, a double -shift, 12 hours shall be used. Should the normal work force be on a tri%le-shift, 18 hours shall apply. Conditions beyond the Contrac:or's control such as strikes, lockouts, unusual delays in tram ?ortation, temporary suspension of the principal item, of work nder construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fau t of the Contractor, shall not be charged against the contract ti: a. General Provisions - 41 C u (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 - 42 C 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 I 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 cr fails to provide sufficient ' workers, equipment cr materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to ' remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or ' d. Discontinues the prosecution of the work, or General Provisions - 43 I 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. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. I General Provisions - 44 I I When the ccntract, 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 claimsor 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, work and that are not of the Contractor, be as shown by receipted of delivery as may be obtained or ordered by the Contractor for the incorporated in the work shall, at the option purchased from the Contractor at actual cost bills and actual cost records at such points 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 I I I C C r F. General Provisions - 4S C SECTION 90 MEASUREMENT AND PAYMENT 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. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet or less. 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 ' 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. I General Provisions - 46 I I I 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 he 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 fcr tars. ' Net certified scale weights or weights based on certified volumes rn 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 crder or supplemental agreement authorizing such force ' General Provisions - 47 H 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 1 not be permitted to operate, and all materials received subsequent to the last previous correct weighing -accuracy test will be reduced by the percentage of error in excess of one-half of 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, ' for the weighing of materials for proportioning or payment, shall General Provisions - 48 LI I I be included in the unit ccntract 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 7C. L I 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 payment in full at the contract prices for any work actually ' General Provisions - 49 I completed and acceptable prior to the Engineer's order to omit or nbnpreform 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 - 50 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 CF 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 ' entitled to demand or of work in excess of t approved change crders '• excess quantities have of the final quantity agreed that the Contractor shall not be receive partial payment based on quantities hose provided in the proposal or covered by or supplemental agreements, except when such been determined by the Engineer to be a part for the item of work in quest on. General Provisions - 51 E 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. I General Provisions - 52 ' 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 3C 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 ADJJSTMENT 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 - 53 H 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 - 54 I I J 7 C C I U I I I I L I 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 includes the furnishing of all equipment, materials, and ' incidental items, and performing all labor required to install in every detail airfield pavement markings. COORDINATION OF THE WORK. The work on this project consists of ' improvements to an airport in actual operation; therefore, the Contractor shall cooperate with the airport management to hold the "displaced runway threshold" to the minimum time required. The ' airport is to remain open during the construction of these improvements, and it is imperative that construction activities be carried on in such a manner that the safety of aircraft using the airport will not be impaired in any way. The Contractor's equipment will not be operated closer than 250 feet of any runway centerline or 3C0' feet from the end of the existing runway unless under a "Displaced Threshold" or "Closed Runway" condition. ' Additional safety and construction requirements are listed hereinafter in these SPECIAL PROVISIONS under the sub -heading SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES. In addition, the Contractors and/or Subcontractors must coordinate their activities so that one does not damage work previously ' completed by the other. 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. Construction Activity and Aircraft Movements (a) Safety requirements for construction activity affecting aircraft movement areas have been coordinated with the ' airport owner (or operator) and representatives of the Airports District Office, Airports Certification Staff, General Aviation District Office, Air Carrier District t• Office, Air Transportation Security Field Office, Air Traffic Division (ASW-530), Airway Facilities Division (ASW-420), and Logistics Division (ASW-56) as appropriate ' for the particular location. As a result of this coordination, a work sequence intending a minimum of disruption to aircraft operations has been developed. Special Provisions - 1 I J The resulting restrictions imposed on the Contractor have been included as a part of the contract provisions. (b) During the time that the contractor is performing the ' work, the aprons, taxiways, and runway at the airport will remain in use by aircraft, to the maximum extent allowable. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations. The Contractor shall not allow his employees, subcontractors, material suppliers or any other persons over whom he has control, to enter or remain upon any part of the airport which would be a hazardous location. Should the contractor be too close to the portion used by aircraft for safety, the Engineer may, at his sole discretion, order the contractor to suspend his operations, remove his personnel, plant, equipment, and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. Limitations on Construction. The following restrictions shall normally pertain for activity at airports. In cases where it has been determined that the following restrictions are inappropriate, similar requirements shall be developed on a case -by -case basis. (a) When construction work is being accomplished adjacent to an active runway when visibility minimums are greater than or as low as one mile, equipment shall not be permitted within 250 feet from the runway centerline, or within 200 feet horizontally of any aircraft on an active runway. (b) When construction work is being accomplished adjacent to an active runway when visibility minimums are below one mile, equipment shall not be permitted within 250 feet from the runway centerline. (c) All work which is too close to the ends of the runway for accomplishment during condition (a) above, shall be performed during periods when the runway threshold is displaced or closed runway. (Ref. NOTAM requirements hereafter). (d) When construction is being accomplished adjacent to an active runway, equipment below the VFR 7:1 slope but penetrating the IFR 7:1 slope shall be obstruction -marked and lighted for night operations. 1 Special Provisions - 2 Li I I L L F I 1J I I I I I II I L C I Li (e) Men, equipment or other construction material will be permitted in the approach or departure zones of active runways, provided that the construction activity is conducted below 20:1 approach plane originating 200 feet from end of runway. Any construction activity which is contemplated in the approach zones which would violate these planes will require consideration (threshold displacement, lighting, etc.) Threshold displacement where visibility minimums are 3/4 mile will be 200 feet from the intersection of the 20:1 slope. For visibility minimums of one mile or more, the threshold will be located where the 20:; slope intersects the runway except that at least a 200 foot safety area will be required between the obstruction and the displaced threshold. (f) Men, equipment pr other construction replated material. will be permitted adjacent to an apron or other taxiway provided that such activity is first coordinated with the users and appropriate NOTAMS issued. Additionally, barricades with flashers for night operations will be required to mark the area to prevent aircraft from inadvertently entering the construction area. (g) Open trenches, excavation and stockpiled material will not be permitted within 25C feet of the centerline of the active runways at general aviation airports. Coverings for open trenches must be of such strength as to support the weight of the heaviest aircraft operating on the runway. (h) Flare pots will not be permitted for temporary lighting of pavement areas or to denote construction limits. (i) Construction equipment shall not exceed a height of 150 feet above the airport surface. Any equipment exceeding a height of 75 feet shall be obstruction -marked and lighted at night, and when not in use lowered to its stowed height. Notams (a) The Airport Owner or his Designated Representative 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. Special Prcv;sions - 3 I (b) Inspections will be made frequently by both the Airport Owner and Engineer during critical phases of the work to insure that the Contractor is following the required safety procedures. Due to the nature of the proposed project the Contractor's work schedule and working hours shall be subject to several restrictions. In order to maintain the schedule of aircraft operations, a portion of the project must be constructed under "closed airport" conditions. In addition, upon completion of each day's work, the Contractor must restore the runway and taxiway safety areas to a condition meeting safety requirements. The runway and airport must be closed for the portion of the work including the markings on the runway and taxiway within the runway safety area, however closed runway shall occur only during nighttime working hours defined below. The following sections contain additional information and requirements on the construction procedures. Construction Procedures. The proposed project is subject to several restrictions. In order to maintain air carrier and private aircraft operations at the airport, the project must be constructed in several phases. The closed runway time, shall be held to the minimum time required for the safety area work and the area within the runway safety area shall be graded or finished so all slopes are 5"s maximum. (A) Work Requirements. The Contractors shall provide adequate portable lighting during nighttime hours to minimize shadows within the work area. The minimum light level at any point shall be one-half foot-candle. (B) Order of Work. The construction items have been grouped into phases and listed in an ordered sequence in the following tables. The purpose of this ordered sequence is to limit the disruption of aircraft operations and at the same time to minimize the required displaced threshold. This order of work is a suggested schedule, subject to variations; such variations can be approved by the Engineer. The Contractor is limited to one work time up to 12 hours per day for night and day work or daytime work. Work by two or more shifts will not be permitted. Order of Work Work Work Runway -Taxiway Phase Time Limitations I Night Closed Runway Runway and Taxiway Markings within the Runway Safety Area I H I I I I I L I I I I 11 I II Day Closed Taxiway Remaining Taxiway Segments Markings Special Provisions - 4 I I (C) Closed Runway/Airport. .he runway shall be closed at night in order to complete the pavement marking rehabilitation work ' within 250' of the runway centerline. The schedule for the closed runway periods have been established to minimize the effect upon flight operations. The Contractor shall begin the work on the • first night the runway is closed. The runway shall remain closed • each night as directed by the Engineer until the Contractor completes the improvements within 250 feet of the runway ' centerline. (1) Closed Runway Markings. The Contractor shall with the assistance from the Airport Owner, FAA and the •' Engineer, turnoff the runway lights, VASI, MALS, Beacon and Windcone lights. No separate payment shall be made for closing the runway. ' (2) flight Operations Between 11:5C P.M.and 5:30 AM. Flight operations during the normal night working hours may occur due to delayed American Eagle Airlines, U.S Air, N.W. Air, T.W. Express, or Atlantic Southeast flight delayed after 11:50 P.M. ' (3) Suspension Time. Based on information affecting the operation of aircraft, and his conclusion that the possibility of work on that night will be remote, the ' Engineer shall notify the Contractor no later than 11:30 P.M. that work for that night is to be suspended. Upon receipt of such notification, the Contractor shall alert his personnel not to report for work on that night. (4) standby Time. This condition occurs when the Engineer has not directed that the project be placed '• under suspension as provided in subparagraph (c) above, the conditions develop that work cannot begin at 12:00 Midnight. The factors controlling standby time are as ' follows: (a) The Contractor's reporting to work at 11:45 P.M. ' (b) The Engineer's notification to the Contractor at or prior to ;1:30 P.M. that work cannot begin at 12:00 Midnight. (c) The Engineer's instruction to the Contractor ' tc hold his personnel on standby because of the possibility of working after 12:00 Midnight. The Engineer may repeat his instruction to continue on standby time at intervals of one (1) hours, or at longer intervals, as in his judgement is • appropriate. Standby time shall occur, and be measured by, increments of one hour, The ' Special Provisions - 5 L I Contractor shall not be required to hold his personnel on standby basis later than 1:00 A.M. If the Contractor so selects, he may hold his personnel later than midnight, but the time after 1:00 A.M. will not be included in the measurement of standby time. Days involved in standby time will not be excluded from contract time, but shall be included in the count of consumed contract days. The Contractor will normally be placed on standby time if the last scheduled daily flight is delayed past 11:55 P.M. or if a charter flight is scheduled after 12:00 Midnight. (d) Measurement and Payment Standby time will be measured in increments of one whole hour and payments shall be made at the unit price bid under , Bid Item No. 4 for: Standby Time, per hour. (e) Legal Holidays. No holiday, including Sunday, will be observed during night time (closed runway) work. Observation of legal holidays during the other Work Phases shall be at the discretion of the Contractor. (D) Closed Taxiway Time. The parallel and the connecting taxiways shall be. closed in segments during the work on an as needed basis. The Engineer shall review the Contractor's schedule with the Owner and made adjustments to minimize the effect of closed taxiway segments upon flight operations. The taxiway segments shall remain closed only during daily working hours unless construction activities require otherwise and so directed by the Engineer. The Contractor shall proceed with the above work in an expedient manner so as to hold the closed taxiway time to a minimum. The Contractor shall provide barricades to close off the closed segments of the taxiways. The barricades shall be a maximum of 18 -inches high, shall be painted with reflective white and orange paint or striped with reflective white and orange striping, and shall have a minimum of one yellow light per barricade, the barricades shall be of such multiple length as to cover 50 percent of the taxiway, and placed so as to allow for the passage of fire, and rescue vehicles. The barricades shall be placed a minimum of 75 feet from the runway or as directed by the Engineer. The barricades shall remain the property of the Contractor upon completion of the work. No payment shall be made for the barricades, installation, maintenance or removal. Special Provisions - 6 t I I (E) Clean-up. From time to time the Contractor shall clean up the construction site, in order that the site present 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. Following each work shift, the runway and ' taxiway shall be swept clean of all loose aggregate and other foreign matter. Clean-up will not be measured for separate payment but shall be considered subsidiary work pertaining to ' the several items of the contract. (F) Working Fours. ' Day: Working hours for those Work Phases for which "Day" is listed in Work Time columns are at the discretion of the Contractor (see Order of Work Table). ' Entrance, Parking Area and Security. Forces of the Contractor and the Engineer shall enter and leave the airfield at the gate ' location(s) shown on the Plans. Only the designated entrances shall be used. The gate(s) shall be opened at work time for access to the airfield then shall be locked or closed for the remainder of the work day. The movement of equipment and materials shall be ' made through the designated gate(s). the gate(s) shall remain locked or closed at all times except when needed for access. Should the gate(s) need to remain unlocked or opened for extended ' periods of time the Contractor shall station a watchman at the gate to prevent unauthorized personnel from entering the airfield. See the paragraph which follows, entitled CONTRACTOR'S ROUTINE ACCESS ' TO SITE. The Contractor shall store his equipment during non -working hours at locations approved by the Airport Manager within the airport property close to the project sites. Schedule of Work. The schedule of each day or night's work shall '• be as proposed by the Contractor shall be submitted to the Engineer no later than 11:30 P.M. for the evening of the night's work. The schedule need not be elaborate but shall be ir. 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. It is vital that the runway be ready for use by aircraft at the intended time. Clearance for use with FAA. At the end of each days work within ' the construction area zone, the Engineer or the Owner's Representative shall determine that the section of runway or taxiway is ready for return to services. They will inform the ' Special Provisions - 7 representative of the Federal Aviation Administration, in the control tower, of the results of their inspection. It shall be the privilege of the FAA representative to make inspections also. If such inspection is desired, the representative and the Engineer shall develop a method of inspection that will produce the required information, and without interference with the work. Radio Control. The construction of the extended runway safety areas requires that during certain periods of time, the Contractor will be within active runway area with equipment and materials. The Contractor shall have personnel stationed to control construction traffic within the safety area of the runway. This control shall be accomplished through the communication with the Air Traffic Control Tower using two-way, portable radios. The Contractor shall furnish two multi -channel portable radios Bendix/King KX-99, or approved equal by the Airport Manager, complete with leather carrying case, vehicle lighter trickle charger manufactured by Bendix/King General Aviation Avionics Division, Olathe, Kansas (913 782-0700) and combination microphone headset David Clark Model 1080 in operable condition. The radios shall be tuned to the specified frequency at all times. All instructions issued to the Contractor by the control tower or by the Engineer shall be complied with in a prompt manner. Upon direction from the control tower the Contractor shall move all of his equipment and personnel to an area at least 250 feet from runway centerline or 300 feet beyond the end of the runway. Equipment and personnel shall not be returned to the restricted work area until permission for such return is granted by the air traffic control tower. Upon completion of the contract, the radios shall remain the property of the Owner. No extra payment shall be made for the radios. Motorized Vehicles. wnen any vehicle other than those routinely used in the aircraft movement area and runway approach area is required to travel over any portion of that area, it shall be escorted by a vehicle properly identified to operate in the area or provided with a flag on a staff attached to the vehicle so that the flag will be readily visible. The flag shall be not less than 3 -foot square consisting of a checkered pattern of international orange and white squares of not less than 1 foot on each side and displayed in full view above the vehicle. A flag or escort vehicle is not required for vehicles which have been painted, marked and lighted for routine use on aircraft movement areas. Optionally, all vehicles may be equipped with a flashing yellow dome -type light. Any vehicle operating on the movement area during the hours of darkness should be equipped with a flashing red dome - type light. If the airport has a security plan, check I for guidance or. additional identification and control of construction equipment. 1 (b) Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the control ' tower, by escort, or the means appropriate for the particular airport. The clearance shall be confirmed by the driver's personal observation that no aircraft is ' approaching his position. (c) Debris, waste and loose material capable of causing damage to aircraft landing gears, propellers or being ingested in jet engines shall not be placed on active • aircraft movement areas. Material tracked on these areas shall be removed continuously during the work project. 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; (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; I Special Provisions - 9 (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 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 Special Provisions -10 I I any Subcontractors, or any of his or :.heir agents cr 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 Protect 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 o` 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 EXk,MINA=ION. 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, avid 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 ' 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 Special Provisions- 11 C L 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 ' ll to outline or define jurisdictional procedures. Likewise, the identifications of any Plans shanot 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 ROANING. 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 AND LIABILITY - GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. ' 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 conta_ning substantially the following statement: ' Special Provisions - 12 E1 "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 Workmen'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 Harborworker'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 exclusions for "XC & U." Amount of insurance to be provided shall be as shown below: Special Provisions -13 ' I I I I I 1. Contractor's Comprehensive General Liability Insurance For not less than the following limits of liability: Bodily Injury: $500,CCC each occurrence, $500,000 aggregate Property Damage: $250,000 each occurrence, aggregate Include the following coverage: $250,000 °Waiver of ail "XCU" exclusions. aBroad Form Property Damage and Personal Injury Liability. °Independent Contractor's Coverage. ' 2. Contractor's Comprehensive Automobile Liability Insurance I I C C 1 3 [1 I I I For not less than the following limits of liability: Bodily Injury: $ 500,CCC 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. 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. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. Special Provisions- 14 I 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 insureds for any claims arising out of Work performed under this Contract. BUILDER'S RISK ALL-RISK INSURANCE , Unless otherwise modified in the SPECIAL PROVISIONS, 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. Builder's Risk is not required for this project. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE ' The Contractor 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 of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the SPECIAL PROVISIONS. Special Provisions - 15 ' I NO PERSONAL LIAR::.:TY OF PUBLIC OFFICIALS ' :n carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. ' INDEMNITY I C I H I I U I r I I :he Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' fees 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 inspection of the Work that is the subject of this construction Contract. :n any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee 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, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. Third Party Coverage The bidding documents require the contractor to name the consultant and/or the Owner as additional insured, the bidder shall show the premium, cost for the additional insured in the Proposal in the item for additional coverage. The amount shown in the bid item for additional premium cost shall be that amount of additional premium, 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. 2. SUBCONTRACTORS. The Contractor shall not assign or sublet all or any part of this Contract without the pricr 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 Special Provisions - 16 H I 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 no owner -furnished materials planned for this project. 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. Special Provisions -17 ' I PARTIAL ACCEPTANCE. Sections SC -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 c aceptance. ' PROGRESS SCHEDULE. Section SO -C3 of the emphasized. Within 7 days following executic Contractor shall provide the Engineer with schedule for the project. The schedule approval by the Engineer. GENERAL PROVISION is )n of the Contract, the a suggested progress shall be subject to 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 ' 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 he 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. ' PRESERVAT1ON 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, Spec al Provisions - � 8 I II 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. 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. Special Provisions - 19 , I 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 cr for advertising purposes without the prior written consent of the Owner and the Engineer. 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 Par -y. 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 shah, 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 cr Sundays shah 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 Special Frovrsions- 20 H I 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. 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, compensate the Engineer with payment of twent-five dollars ($25.00) per set of documents 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. PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS. Separate sheets of the Plans and/or Specifications will not be available to subcontractors; suppliers and material dealers for Special Provisions - 21 I I their ccnvenience 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 improvements and lands, whether the property of the Owner, hereunder, or others, caused by the Contractor's and/cr 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 al_ 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 cf the Contractor. -- • .v.v -.v -aa LIJ 1 I\JY' J1NJJ.LAJ,JIALYV/ 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 or. the project are equivalent to Special Provisions - 22 I 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 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 1 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; Special Provisions - 23 1 LI C (:0) to disapprove or reject Work or material which is "defective" (which term is hereinafter used tc describe ' Work or material that is unsatisfactory, faulty or defective, cr does not conform to the requirements of the Plans and Specifications, or does not meet the ' requirements cf any test; (11) tc 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 h s 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 En_aineer 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 nay perform. This fact does not relieve the Contractor from his responsibility to see that each item off work and each installation performed by him cr his sub -contractor ' is in strict accordance with the intent of these Plans and Specifications. ' CONTRACTOR' S RESPONSIR:I.ITY REGARDING SPECIAL APPLICATION MATERIALS AND PRODUCTS. Within this project may he 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/cr capabilities, may be required as essential _arts cf the project. These materials or products are special in that they require special techniques in their Special Provisions- 24 I application, and therefore, require experienced and skilled ' craftsmen. These materials or products include, but are not limited to the following: 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, storing, mixing, heating, protection from freezing, application, protection after application, protection of. workmen, and curing and preparation of surfaces prior to application. The Contractor shall be liable for any failure of such material or products as applied to conform to the characteristics and/or capabilities of each as required by the specifications. TEMPORARY FACILITIES (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, Special Provisions - 25 H I the Contractor shall erect sheds, enclosures, temperary ' barricades, or tempora,-ily enclose the openings of the building to the satisfaction of the Engineer. (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 ir_ 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) Storace and Workina 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 regulaticn. ' Any materials, equipment or temporary structures belonging to the Contractor shall he 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 platfo%-ms and covered, ci stored in a suitable building ' Species. Provisions - 26 I I as directed by the Engineer. Stored materials shall be ' located so as to facilitate prompt inspection. 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. 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. ' H Special Provisions - 27 ' I LJ P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the re-paintir. taxiway marking system applied 5 the runway and se Specifications and as ;n accordance with ' to the locations shown on the plans, or e as directed by the Engineer. Remarking of the Blast pads is not required. ' MATERIALS 620-2.1 PAINT. Paint shall Specification. TT -P-:952. meet the requirements of Federal ' 620-2.2 REFLECTIVE MEDIA. Glss requirements of Federal Specification TT -B-1 325, Type Ili.es shall the CONSTRUCTION METHODS ' 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry, when the atmospheric temperature is above 450 F, and when the weather is not foggy or windy. ' 620-3.2 EQUIPMENT. All equipment for the work shall be approved by the engineer and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, ' and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. ' The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage ' and shall be designed so as to apply markings of uniform cross sections and clear-cut edges without running or spattering. 620-3.3 PREPARATION OF SURFACE. The existing pavement markings ' which are required to be removed before remarking the runway or taxiways shall be removed by sand blasting. The sand blasting sand shall be removed from all airfield pavements upon completion of ' work in each area immediately before application_ of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the paint and the pavement_ The area to be painted shall be cleanedbyhe •' sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. ' 620-3.4 LAYOUT OF MARKINGS. On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings sha;_ be _aid out in advance of the paint '• application. 620-3.5 APPLICATION. Markings shall be applied at the locations ' and to the dimensions and spacing shown on the plans. Paint snail Section P 620 - 1 not be applied until the layout and condition of the surface have been approved by the engineer. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate of 110 to 140 square feet per gallon. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more , than 34 inch in 50 feet, and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass spheres shall be distributed to the surface of the marked areas immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass spheres. The spheres shall be applied at the rate of 10 pounds per gallon. The Contractor shall furnish certified test reports for the materials shipped to the project. The reports shall not be interpreted as a basis for final acceptance. The Contractor shall notify the Engineer upon arrival of a shipment of paint to the job site. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. - 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be the complete item in place performed in accordance with the specifications and accepted by the Owner and Engineer. BASIS OF PAYMENT ' Payment shall be made at the contract lump sum for runway and taxiway stripping. 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: Bid Item No. 1 Runway Pavement Marking (lump sum) Bid Item No. 2 Taxiway Pavement Marking (lump sum) END OF ITEM P-620 Section P-620 - 2 ' C Ti I I I C I I El U Ti I Ti I I I I I I APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) Acetylene, black. Agar, bulk. Anise. Antimony, as metal or oxide Asbestos, amosite, chrys- elite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestics editions are not available. Brazil nuts, unrcasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chronite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut seat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. 1 Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abate, agave, coir, flax, jute, jute burlaps, Palmyra and sisal. Gcat and kidskins. Graphite, natural, crystal- line, crucible grade. Handsewing needles. Hemp yarn. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incor- poration into building systems during construction or repair and alteration of real property.) Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive Oil. r L1 I L I I 1 L I I EI I _] I I APPENDIX a List of Supplies/vaterials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) Olives (green), pitted or unpitted, or stuffed, in bulk. OP4um, crude. Oranges, mandarin, canned. Petroleum, Crude oil, un- finished oils, and finished products (see definitions below) Pine needle oil. Platinum and related group •metals, refined, as sponge, powder, ingots, or -cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Quinidine. Quinine. Rabbit fur felt. Radium salts, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secret in. Shellac. Silk, raw and unmanufactured. Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available. Spices and herbs, in bulk. Sugars, raw. Swords and scabbards. Talc, block, steatite. Tantalum. Tapioca flour and cassava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Thread, metallic (gold). Thyme oil. Tin in bars, blocks, and Pigs. Triprolidine hydrochloride. 2 Tungsten. Vanilla beans. Venom, cobra. Wax, canauba. Woods; logs, veneer, and lumber of the following species. Alaskan yellow cedar, angelique, balsa, ekki, greenhart, lignum, vitae, mahogany, and teak. Yarn, 50 Denier rayon. I I I J I L L L II L L L L I APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced in the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) Petroleum terms are used as follows: "Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) tnat have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. "Finished products" means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means: (A) "Asphalt" - a solid or semi -solid cementitious material that Cl) gradually liquefies when heated, (2) has bitumins as its predominating constituents, and (3) is obtained in refining crude oil. (B) "Fuel oil" - a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly front crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel" - a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquefied gases" - hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. (F) "Lubricating oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. ' (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. H 3 ' U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATrON ADMINISTRATION �% 5200.5A Southwest Dion - .. _ Fort Wort h, Texas 6/6/&9 1 AI'• Airport Safety During FAA-flFA Airport Construction and A SUBJ: Facilities Maintenance Ii. ATr2FiXSE. .This Order establishes airport safety standards for FAA -funded carrstruction and FAA facilities maintenance. •' 2. DISTTLT*1Tr*ON. This Order is distributed to the Section level in the Airports and Airway Facilities Divisions, to the Branch level in the Flight Standards, Air Traffic, and Civil Aviation Security Divisions, to all ' Southwest Region field offices and facilities, and to F & E Field 7nsta1lation/Cons-tructicn Representatives. ' 3. CANCrZIAflOU. 'Order SW 5200.5, Safety. Requiremnts on Airports During A9 Y Fu'xe'r Construction Activity, dated 11/21/75, is cancelled. 4. ? IA*C?IoN OF CNNGEs. This crder revises and updates criteria to be used •' during cons`t.ruction and raintenance on airports, consistent with currant Advisory cLcaia-s and agency safety regulations. '• Dr 5. NJIJcNS. a. Airport Elevation - the highest point on the landi:_q surface of an airport. ' b. Certificated Airport - an airport which, by law, is safety regulated by the FAA under Part 139 of the Federal Aviation Regulations, and which operates ' under specific safety requirerxants which apply to maintenarra and construction activities on the airport. Certificated airports are listed in Appendix 2. • C. Displaced Threshold --a runway larding threshold which is located at a ' point other than at the beginning of the full- mrxjth pavcert. A teTporary disD1azrent say be used to give larding aircraft adequate clearance over constriction equipment or other objects in the approach area of a runay or adjacent to a nzrway. • d. Ccsta.c:e }Yee Zeno (OFZ) - a design standard irvo;vin9 iragirary •' si fao2s in the vicinity of a rurway.. They are the Rnay OFZ, Lnrnr- t a.sitior;3l surface 0P2 ai-x Tnrrr-Atorcacl'h 1 I T fl:( DUI. C•'1' A_:rc(f , -h- tnr/r.t J Ir.'tiafec Sy: i1J�,-L1✓ ' SW 5200.5A 6/6/8° I I I I [I L r I Li e. Obstruction - a structure, nata.al growth, vth_cle or construction raterial which penetrates any airport imaginary surface defined by FAR Part 77, including prirna-y, transitional, approach, horizontal, ant conical surfaces. f. Relocated Threshold - a runway end which is not located at the physical end of the pavement. If part of a runway is closed for landing and Takeoff beginnirxg at the pavement end, then the threshold has been relocated. (Note: this tend is not used in the Notice to Airmen syste--ti.) g. Safety Area - the ground surface next to runways, taxiways, and aircraft parking areas which is o<prtai to be graded, drained and free of any hazardous surface variations and nonfrangible objects, and which.is to reduce the risk of damage to an aircraft inadvertently leaving airport pavement. .h. Small Aircraft— one weighing 12,500 lbs. or less maximm certificated takeoff weight. i. Large Aircraft - one weighing more than 12,500 its. maximum certificated takeoff weight. 6. 07R15. Aviation safety is a primary consideration during airport constriction and facilities maintenance. These activities shall be planned and scheduled to minimize disruption of nor -al aircraft ground and air traffic. For airports subject to FAR 107, Airport Security, the airs -port operator's security program standards shall be observed in the areas of access control, and n0venert and identification of construction and FAA personnel and veh._ cl es . a. These standa FAA emaloyees, grant activities on all ai level cf safety, but rules ray require us measures and changes coordination between Standards, and Civil affecrd aviation us( rds shall be used to develop specific safety measures wiidi es, and contractors shall adhere to during these rports in the Southwest Region. They provide a reasonable aircraft operations, weather, security, or local airport z of more stringent safety erasures. Use of less stringent that impact security controls is permitted only after Airports, Air Traffic, Airway Facilities; Flight Aviation Security Divisions, airport managemrent, and xs. h. Bid docusrsts for on -airport construction or maintenance projects shall include general and specific safety requirements, this basal on Appendix 1 to 'Order, so that contractors are aware of the costs and constrains which will apply durirr the project to :raintain a high level of aviaticn-safety. E I _ 6/6/89 I I I I I Sri 520o.5; c. if the cl<»rrrrs arri inst:ic=ions desscrilxd in this order cannot be main wined f,;e Constnrctro;r or n ntenance is underway, action will be taken as apprcoriate te: (1) close ru.-rways, taxiways, or aprons, (2) relocate cr displace rUrr«av thresholds temporarily, (3) perforce work at night or during periods of minirad aircraft activity, (4) close affected areas to certain types of aircraft, (5) restrict aircraft use by weight, wingspan, approach std, or other characteristic. I(6) shirt down or restrict use of navigational or acpraaeh aids. d. FAA erDiovees who are responsible for construction or maintenance • activities on airports shall coordinate project safety, and security • reguir'e`nts and i-rots with the a.roort sponsor as soon as the iTz,-acts have been identif'_ed bt:t before ccT=,it- *its are -ode with contractsre cr others to ' pe'Porn work on an airport. coordination will vary f u,. for -al praiesign conferencas to informal ccntacts with the air port tanager or mr bl e sponsor officio'_ before starting work. ' 7. SAl??? ACTS. potentially hazasdcus conditions which ray occur during airportnstructicn and raintenance include the follaaing: a. tJ cavatiors, trenches, and s cc)wilcd ,:ate_rial on or tzar un«ays, taxiways and aprons. b• Construction equiprmnt cn aircraft operating areas or in rur..av approaches or departure areas. ' C. Inadequate Construction area rarkng ior lighting_ d. iadc of cant-ol over vehicle access to aircraft westing unauthorized entry of personnel, vehicles, or animals. ' C. In�deJ.rate vehicle r) or or • L Eficiarrt rr king and 1i-itinc of ttrorary r way ti c'_,. g. F3iiure to issue, uyrate, cr cl Notices to Assn airlbrt or n ; ay cicsnres or other- ccns`, coon -related airport :t=rots. [I ' SW 5200.SA 6/6/89 h. Failure to nark and identify utilities or pO.Je_r cables, resulting in loss of airport lightL-ig; navigational, v:s ?i, or approach aids; weather reporting service; or canCun:cations. i. Unauthorized vehicle operations in localizer or glide slope critical ' areas, resulting in electronic interference or facility shutdown. j. Construction debris (gravel, sand, mid, paving material, etc.) on airport pavements, resulting in aircraft prcn, turbine engine, or tire damage. k. Exposed pavcxcnt edges (dropoffs, fraz runways, taxiways and aprons to - adjacent pavement secticrs or shoulders. 1. Constriction activities wtrich banner aircraft rescue/firefighting access from fire stations to the runway -taxi:. -ay system or airport buildings. ' n. Lack cf radio c=rardcation with ccrst_-uction and maintenance vehicles in aircraft operating areas. ' 8. SAFELY SPAh'nARC1S. Paragraphs a through h below define safety standards and guidelines for FAA-frjrded construction and FAA raintenanoe activities on a:rp pr's. a. Obstacle FYee Zone (1) Objects vehicles, and stec!c_'_e -aterial no^ally are not ' pe ;witted to penLtrate an O12. OFZs are shorn on Figure 1. (a) Runway OFZs are applicable at any time the runway is open for ' aircraft use. On precision ruLnways, the inner -approach and inner - transitional surface OFLs must be kept free of panes ations only than the weather conditions are below an. 800 ft. ceiling or less than 2 wiles ' visibility and aircraft are using 11S appnxcies. (b) Objects which do not penetrate an OFZ still ray require notice to the FAA under FAR Parts 77 or 152 and ray be obstructions to air ' navigation_ Tha,e abec's which exceei FAR :art 77 obstruct ion standards are to be appropriately obstruction marked and, if used at night, obstruction lighted. Cranes or other equipment of unusual height may require special rsidelaticn arc coordination with FAA operating elerents and airport users. I I I 14acr� S I 6/6/se I I I I I 1 I SW 52o0.5A (2) ??e .rrsions o* an Ohstac7e Free Zone are as Ella s: (keyed to Figure _) . feet beyond each and of the runway and has the fre )extends ollowing ith df200 1 Rz ways serving wall aitraft: Precision instrxient runway - 300 feet Other runways - 250 feet. 2 FS:nways serving large aircraft: The greater of 400 feet, or 180 feet plus the wings-t_an, of the nest de:ering airplane, Pis 20 feet per 1000 feet of airpz'rt elevation. [Note: The rare»ay OFZ width for all trarszcort runways on certificated airports in the Southwest Region (Appendix 2)is 400 feet.) (i; Obstacle Free Zone (See s: i_: Fir re 1) an 1 The ?nner-&ornaeh OF: anlies c:u1y t^ r 2rrways ends with acn a3c: ligbtinj system. 200 e er g 200 feet beyond the last light unt in are threshold apprea�i lighting system, width sane as the nrr«ay OFZ, slope 50:1, be inning at r nWzv end elevation_ (c) -nner ?�ansitionsl Surface Obstacle Free Zo::e (See C in Figure 1) 1 The Ln^�r�TMassitiona; Surface OFZ applies crJv to Precision ;rat anent r rrways. 2 Slope 3:1 pene :clan to the n;.. -ay cente_^'_i_-:e and exte-di g laterally f_• n the edces of the _nr ay 012 a -)d au:raach 012 to a height of 150 feet above airport elevation. S:5200.SA - I ` _qtr r RUVA„Y' CFi r: ] OBSTCLi [C'1. 6/6/89 A INNER-; RA.\'SITIO\AL SURFACE O: .1 3- 6/6/89 SW 5200.5A b. Approach Clearance Over Equipment and Material. (1) �(brist ijction activity in a runway aop-oath may result in a need to displace ,he landing threshold temporarily. If an object penetrates a surface shown in Fig. 2, displace the threshold to a point where the surface is not penetrated. (2) Obiec`s which do not Penetrate these sin -faces still may be obstructions to air navigation ar4/or may affect starand instnrent approach pxures. Coordinate these with the Airspace and procedures Branch, ASW-530, and the F)<ight Prnar.'u-es Barchh, ASW-220, as necessary. 1 JAF T nway 20 Equipment 20:1 Threshold location Surface Circe Lsiors I Small Aircraft Large Aircraft 0 2C0 B I I 250 I 4C0 C 700 J 1000 D 2250 1500 �L� F'1g_ 2 R,:rnay 1 c1d Location Par8 i ^c ISW 5200.5A 6/6/89 :1 I I I 1 I C I (2) %Ther eca:rrr:nt or cort,truct=cn ,-zir.tenance activity must be on a n=.'r«ay and a decisior. is made to keep part of the runway open for aircraft, part of the runway oust be closed as shown Ln Fig. 3. The dhzensions shown are recarrended; harever, a larger closed area than sham may be ne¢essazy depending on aircntt use, level of activity, pilot technique, and egrigrent height, and a smaller closed area may be possible under sane citnmstances. These r Q n rdaticrs are based on equipment heights of about 15 feet; higher objects tray require special consideration. Closed Area USABLE RUNcQAy 500' OR 100G'— 1 Ecuipmariti LLEND RE-Oc TED T7 R&SHOLD 1 Use the foi;aairr dis axes f_~an the con,truction/re ntenancn activity to the relocated threshold: mall aircraft (12,500 lbs. or less) - 500 ft. •' Large ai.^aft (Mere than 12,500 lbs.) - 1000 ft. I 1 TI TI El Fig- 3 Relocated Threithold For Fy :igrw_nt on the Runway I ' 6/6/89 - SW 5200.5A c. Runway and Taxiway Safety Areas. (1) Runway safety areas - 00ansCnjctjon or raintenance activity is prdubitc� in runway safety areas while the full length,of .the runway is fir. Normal FAA maintenance of visual, approach, and navigational aids is penoperpetrateand a runway on and rpireiiits of paragraph 7b for approach clearance over vehicles, c ,ip ent and rateria]. are met. • I safety ) Rura v safety area dsn nsions are shorn in Fig. 4. Existing particular airport may be larger or srtaller than the standard d1 mrsion listed. If construction cr_mainterance activity must take place ' within the specified safety area, it is also ac eptable to restrict the runway use to a smaller size cf aircraft and use a nary we- ardor shorter safety area dimension for the duration of the activity. a by c Safety Area F Nw7,Y DESIGN CATIX;ORY SAME AREA DII'IENSIONS (Ft.) a or b (1) c (2) 1. Utility AC 150/5300-4 1 a. Visual or Nonprecision Design Grp I 30 120 200 Design Gnujp II 40 150 I 300 b- Precision I.Zstnrocnt Design Grp I 110 300 600 L>?sign Group II 100 300 600 Design Graip III 100 300 600 2. Transport .AC 150/5300-12 500 (3) I 1000 • (1) Use dine-≥,sicn a or b, whichever results in the greater- distance fnun the iwy cente-line. (2) Use dirrrsion c or the existing safety area le. h, wt:icreve- is less, but no less than 200 feet. (3) Sare cerrtificat d airtxrr`s have or pannit use cf 400-fcxrt wide n.:.4ay safety &nt durirx3 construction air! rrair`erraxr. Cxrdira e rr.ls; with the Airports Safety Section, ASt -651. �• .na fig. 4 Ray Safety Arcs s i'ar 8 [.1 SW 5200.5A 6/6/89 (3) Thxjsy safety anrsfob tacle free areas - see Fig. 5. Construction/maintz�arx� activity is pe-nnissible in taxiway obstacle free areas and safety areas if the activity is hazard marked and/or lighted and NUD-U,is are in effect. Special consideration must be given to the, height of barricades, flashers and other warring devices to clear aircraft wingt1ps, propellers, engines etc. Other actions may be necessary such as: - Using "wingwalkexslto guide aircraft past hazards, - Using terporary taxiway rlarkin/light1n to detour aircraft clear of the area, . - Mwing cgui not and personnel well clear to allow aircraft to pass safely. — — — — — — — — — — — -- — — — — .I.CTIi W14C Tip Design Groip (1) item I II III IV V Taxiway Safety 49 79 118 171 214 Area Width =7-xiway Object J 88 13C 185 250 320 Free Area Width (1) Typica; air :z" =.r these qra ai-e __staff in Ap�ei-dix 3. Fig_ 5 .a:'ay Cleararxn�; 6/6/89 Sri 5200.5A d. Markin., and Lighting 1 (1) T&nrary d_sclac& nay threshold: (a) Mark with yellow arrows and a white threshold stripe as shown in A.C. 150/5340-1, or (b) Use alternate rarkirq which is: I. Clearly visible to the pilot, ? Not ni.sleadin , confusirr, or deceptive,• 1 ' Scoured in place to prevent movement, 4 Made of rrater_al cinch will minimize damage to aircraft ' which conic in contact with the ra_-king. - (2) Te-mrary relocated r.r--aav threshold (partial closure of a 1 l ay) : (a) Park with ye_la.- c`.e'ns as shown in A.C_ 15C/5340-1, or use alternate rerkin- as de_,criixa in par. lb above. (b) Auraav distarce resat -rimy signs ray need to be covered or rencved during the closure. 1 (3) Te Hoary ninwav thresholds mist be lighted if all o nr-n,*ay is to be ocen at night during Th r paen a gh 'g mnstn.ction or maintenance. The airport operator tray already have tciore-y threshold lighting available, but this should be detelnined in advance. I(a) Use light leas colors and spacing in A.C. 150/5340-24, Rrxay and Taxiway Edge Lighting Systzt. ' (b) Disable edge lights and threshold lights or. closed parts of nays. Cr same lighting syste s, I: ...ay be necessary to cover a light rather than renrifrg the 1a;p or fixture. ' (c) Disable visual cl_ide sloce indicators (VASI, PAPI, P1351, • etc.), REIL, and anornch lights c i0 '-rjd other -wise give mislead -r indLcations to pilots as to the tflics::old location. Installation of t nary visual aids ray be nec sa y to provide Pdegate guidance for pilots on approach to the of ec- tcd ru -j"ay. ` e z may be funded or providnd by the FAA or the sponsor. i I 1 Pars [I SW 5200.5A 6/6/&9 I I 1 I El 1 J J (4) Clc r rurrwav r. -arks (a) Use yellow "X" narkirxl as sbcx n in A.C. 150/5340-1. (b) closed runway narking is not required on airports with 24 -hour Control Ta.,ers if the closed runway cannot be mistaken by pilots for neaThy open runways and the airport operator consents to anitting them. In some case, closed runway marking could interfere with the use of the runway for aircraft taxiing if this is to be allowed while the runway is clued for landings and takeoffs. (c) closed runway marking is not required on runways which are closed only at night provided that: 1 Runway lighting and visual aids an off, 2 Notars are in effect regarding the cicsure. (5) Hazard narking (barricades, traffic cones, flashers, etc.) shall be used: (a) To cutlirr rst-uc`ior/. ai^tee areas u-nich are actessihle to aircraft, persons, or vehicles, (:.) To identify isolated hazards such as oocn ranvholes wall areas under reasi-, stccicpiled raterial, waste areas, etc., (c) Tb prevent aircraft from taxiing onto a closed runway for takeoff, (d) TO identify FAA, air -port, and National Weather Service facilities, cables, power lines, IIS critical areas and other sensitive areas, in order to prevent damrage, interference, and facility shutdown. e. Navication Aids and Ir.stnmient Approad-i Procedures ' (1) `e ncd to shut dc-.i navigaticra:, acorcach, or visual aids shall be deterained on a case -by --case basis. night Standards, Air Traffic, AirpDrts, and Ai^ ay Facilities cffices shall be involved in the decision as ' (2) C:ns rL`C''_cn eL Crrear n:nvs zay severely restrict the use of Standard 1^st cruet Ar rr ch Prrnrros, am ad phases of the project shall be cocrdir:ated with the Flight Procedures Rranc-i, AS.4-220, to determine the effects. f. .Notices b Aire (;JCTAM` (1) Resx^si i io_ issu:rc Non . stall be dete ;:,x before •ccnstn]ction or r.ei - anancxheirs. Refer to. Order 7930.1_, National Nct_ce to A_.r:.en S t 'Face 12 • I 6/6/89 SW 5200. SA I I I I I L I I I I I (2) Nctams on shutham or .ir r�_ilar cyeraticn of FAA-owmed facilities shall be issue and cancelled only by FAA eitployecs. Notams or, airport conditions shall be issued and cancelled only by the airport sponsor. perinaccurson reason to believe that a Notam is missing, inc rolete, orb te hall notify the responsible person. g- Vehicle Identification. FAA employees who operate vehicles on an airport shall carrrly with the airport a.'ner's riles for vehicle marking lighting, and operations, u. -filers FAA rr ga-gists are more stringent. Vehicles operated by FAA employees on active runways, taxiways, or safety areas shall be narked with cra.-XJe and white flags or flashing yellow beacons during daylight hours, and with flashing yellow beacons at night. Contractors and suppliers shall be informed of the applicable requle rats of the airport sponsor by the FAA or airport sponsor employee responsible for the work. h- Control Lng Access To Airczaft Operational Areas (1) Vehicle and nedestriar access routes for airport construction and maintenance shall be controlled as necessary to prevent inadvertent or unauthorized entry of persons, vehicles, and anirals. The a;mo unt of construction traffic or local security/safety rules may reruire use of per'-sornc1 to control access through gates or fe cirr, or act -,s airar-aft mover o a eas. Radio .;, u:catio,2s rgr ay be reired between these personnel and Control To er if e, n -nt arc prssc-Lnel must enter or cross an active A rt a t Mcvcmant Area. (2) Vehicle n rk m areas for FAA and contractor e*rmloyees shall be designate: in advance to mini.-•ize vehicle traffic in aircraft :movement areas while still providing rear noble employee ass to the job site. 9. STN1^ri� SAFFIy SPEC=FICA'IONS . General safety provisions which apply during contract work on air -ports are contain in the following drr,• ents: a. Facilities and Ecuiprc-t (F & E) Program projects - Additioral General Provisions, FAA P-1, Clause No. 75, "Special Precautions for Work at Operating Airports." - b- A.] ort Irprova'-eat Pr2 m (AIP) prcj --,s - Advisory Circllar ]50/5370-10, "Standards for Specifying Construction of Airports," Gene_e-al Provisions 40-05, Yain`temnc- of Traffic; 70-08, Barricades,Warning Signs, and Nazar' rkin; 80-04, Limitation of Operations. SW 5200.SA o/6/c5 10. P IJI.T SPECTflCX ICNS. Specific safety requircients for a project try be developed usirxs the guide in Anccrxthc 1 of this order, or ray be written or • prow ded in other fors ktiich provide si;ilar guidance. The prcj&t safety reguiterrns's shall be included in the plans an specifications, as applicable, when an invitation for bids is issued. I Don P. Watson Regional Aat;nistator I I I I H I I L [.: I I t ge 14 I